27/10/2022
Successful Ombudsman Complaint - Breach of complaints procedure and excessive delay in repairs
We are pleased share the outcome of a recent Ombudsman Complaint by a Norwich City Council Leaseholder. It took some time to get through the process as the initial complaint was made on 29th October 2020. However not deterred by Norwich City Council's refusal to respond to the complaint, it was pursued all the way to the Ombudsman.
Regarding the disrepair, the Ombudsman concluded that "Landlord’s are expected however to carry out sufficiently thorough investigations involving qualified persons into complex issues such as this within a reasonable timeframe so that any required remedial works can be identified. It is also expected that landlord’s will provide customers with regular updates and clear guidance as to who is responsible and what steps will be taken to resolve an issue. In all the circumstances of this case however, the landlord has not provided evidence that its investigative process was sufficiently thorough or that it completed its investigations in a timely manner, with significant communication failures clearly contributing to these failures."
The ombudsman goes on to state that "Given the above conclusions, the Ombudsman’s view is that the landlord might reasonably have been expected to offer the leaseholder some compensation for its delays and for its admitted poor communication in recognition of the impact this has had on the leaseholder. Any calculation might reasonably have been based upon the stress and inconvenience caused to the leaseholder by the long term uncertainty of the delays, together with an element of recognising her time and trouble in pursuing the issue. "
Regarding the failure to properly respond to the formal complaint, the Ombudsman concluded that "There were delays and mistakes by the landlord in its handling of the complaint, and it failed to comply with its own policy which was inappropriate and represented a service failing on its behalf....Whilst the landlord apologised for the delay, it might reasonable have been expected to offer some compensation to acknowledge the impact this had on the leaseholder".
The determination was as follows:
It is worth noting that the Ombudsman also provided guidance as to what would be considered reasonable compensation. Awards of £50 - £250 are appropriate where there has been a failing but it is of shorter duration with no long-term consequences. Awards of between £250 and £700 are appropriate for prolonged failings, where the resident (leaseholder) is put to significant time and trouble in dealing with the landlord.
In this case, there were two issues, regarding the disrepair and also regarding the handling of the complaint, and so two separate awards for compensation were made.
So the lesson here is don't give up! It will eventually get to the finish line and it is worth pursuing but it does require patience and a little perserverence
We are pleased share the outcome of a recent Ombudsman Complaint by a Norwich City Council Leaseholder. It took some time to get through the process as the initial complaint was made on 29th October 2020. However not deterred by Norwich City Council's refusal to respond to the complaint, it was pursued all the way to the Ombudsman.
Regarding the disrepair, the Ombudsman concluded that "Landlord’s are expected however to carry out sufficiently thorough investigations involving qualified persons into complex issues such as this within a reasonable timeframe so that any required remedial works can be identified. It is also expected that landlord’s will provide customers with regular updates and clear guidance as to who is responsible and what steps will be taken to resolve an issue. In all the circumstances of this case however, the landlord has not provided evidence that its investigative process was sufficiently thorough or that it completed its investigations in a timely manner, with significant communication failures clearly contributing to these failures."
The ombudsman goes on to state that "Given the above conclusions, the Ombudsman’s view is that the landlord might reasonably have been expected to offer the leaseholder some compensation for its delays and for its admitted poor communication in recognition of the impact this has had on the leaseholder. Any calculation might reasonably have been based upon the stress and inconvenience caused to the leaseholder by the long term uncertainty of the delays, together with an element of recognising her time and trouble in pursuing the issue. "
Regarding the failure to properly respond to the formal complaint, the Ombudsman concluded that "There were delays and mistakes by the landlord in its handling of the complaint, and it failed to comply with its own policy which was inappropriate and represented a service failing on its behalf....Whilst the landlord apologised for the delay, it might reasonable have been expected to offer some compensation to acknowledge the impact this had on the leaseholder".
The determination was as follows:
- Maladministration by the landlord in respect of its handling of the leaseholder's reports of damp at the property - award of compensation of £600
- Service failure by the landlord in respect of it's handling of the leaseholder's complaint - award of compensation £200
It is worth noting that the Ombudsman also provided guidance as to what would be considered reasonable compensation. Awards of £50 - £250 are appropriate where there has been a failing but it is of shorter duration with no long-term consequences. Awards of between £250 and £700 are appropriate for prolonged failings, where the resident (leaseholder) is put to significant time and trouble in dealing with the landlord.
In this case, there were two issues, regarding the disrepair and also regarding the handling of the complaint, and so two separate awards for compensation were made.
So the lesson here is don't give up! It will eventually get to the finish line and it is worth pursuing but it does require patience and a little perserverence
18/08/2022
Norwich Leaseholders Association AGM - 19/10/2022
Norwich Leaseholders Association warmly invites all Norwich leaseholders to the AGM at the Methodist Church Hall in Chaplefield Road on Wednesday 19th October 2022. Meeting from 7:30pm util 9pm. By attending Leaseholders will show their support for the association that works to support them. Attendance is free.
15/05/2022
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Free talk from the experts on service charges -what they are, liability to pay and how to challenge. 20th July 2022
We are delighted to confirm that we have Senior Associate and property litigation specialist, Gurpal Singh, and his colleague Rebecca Clarke from Fosters Solicitors speaking at our next General Meeting on 20th July 2022. The General Meeting is free and open to all to attend. We hope to see you there at 7:30pm at the Chapel Field Road Methodist Church in Norwich.
Fosters Solicitors
Fosters Solicitors
**NLA GENERAL MEETING***
Open to all Norwich Leaseholders
Wednesday 20th July 2022
The Methodist Church Chapel Field Road Norwich
7:30pm to 9pm
Open to all Norwich Leaseholders
Wednesday 20th July 2022
The Methodist Church Chapel Field Road Norwich
7:30pm to 9pm
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