| Publishing organisation: | Housing Ombudsman Service |
| Topic: | Staff and customer services |
| Determination: | No maladministration |
| Tenure: | Assured |
| Country of relevance: | England |
Miss M complained about her landlord’s refusal to remove an allegation of rudeness to staff from her tenancy record.
Miss M contacted the landlord by phone a number of times one day in July 2008. Following the calls the landlord informed her that staff had complained about her conduct during phone calls; consequently it warned her that she was in breach of paragraph 3.5 of her tenancy agreement:
3.5. the tenant must not obstruct, abuse, harass, threaten of assault any of the Associations officers or agents in their performance of their duties on behalf of the Association.
She disputed that and exchanged a number of letters with the Maintenance Manager over the next three months; they also spoke on the phone a number of times. In January and February 2009 Miss M then received final responses from the Chair of the Board detailing why it had warned her about her conduct but acknowledging that there had been no similar incidents during the 10 years Miss M had been a tenant "and I do understand that it has upset you". Nonetheless, although no further action would be taken the letter would remain on file as a record of fact, as would Miss M’s denial of the allegations.
Determination
We found that, having received a serious allegation it was entirely appropriate, and in accordance with good housing management practice for the landlord to warn Miss M and inform her of the possible implications in relation to her tenancy. It was equally appropriate to retain details of the allegation and associated events from Miss M’s housing file. This did not mean that the allegation has been accepted over her denial; rather that a record was kept of action taken in response to a complaint against Miss M.