| Publishing organisation: | Housing Ombudsman Service |
| Topic: | Anti-social behaviour, Repairs, Tenancy management |
| Determination: | No maladministration |
| Tenure: | Assured |
| Country of relevance: | England |
Mr P was the tenant of a two bedroom ground floor flat. The property was managed by an agent. On 30 June 2009 Mr P made a formal complaint to the agent about the residents of flat 73 (Mr and Mrs E).
He complained about the position of their hanging baskets and vent from their tumble dryer. He wanted the baskets and tubs to be removed and the venting of the dryer to be stopped as he said it affected his health. In response the agent visited Mr and Mrs E and wrote to Mr P on 14 July 2009 with his conclusions. The agent confirmed that he had checked the dryer and ‘…as far as can be ascertained it is fit for purpose and is being used correctly.’
He noted no complaints had been received from the residents directly above flat 73 and asked Mr P to provide confirmation from a doctor medical practitioner that use of the dryer was exacerbating his medical condition before the landlord could prohibit its use.
With regard to the hanging baskets the agent stated that they were ‘…of a design which is fit for purpose and secured by wire’ and there were no health and safety issues relating to their location. He also confirmed that there had not been any complaints about similar arrangements in other flats and that he had not received any other complaints about flat 73.
The agent did not propose to take further action, subject to any medical evidence which Mr P might provide. Mr P did not provide any medical information.
Determination
We found no maladministration. It was appropriate that having received a complaint from Mr P the managing agent visited Mr and Mrs E to discuss the baskets and tumble dryer.
Whilst noting Mr P concerns, the landlord had no reason to prohibit Mr and Mrs E’s use of the tumble dryer or their hanging baskets without evidence of health and safety issues or confirmation of its effect on your medical condition.