Notting Hill Genesis · Case 202450359 · 26 May 2026
Notting Hill Genesis — case 202450359
The Ombudsman did not investigate the resident's reports of repairs, damp and mould because these were subject to ongoing court legal proceedings. It found service failure in the landlord's handling of communal cleaning concerns (failing to follow through on a promised meeting and share investigation findings) and in its complaint handling (delays and failure to acknowledge the stage 1 complaint). The landlord was ordered to apologise, pay £175 compensation, and meet with the resident to discuss communal cleaning.
Orders and recommendations
- ApologyWithin 4 weeks
Apologise in writing to the resident for the failures identified, ensuring the apology is specific, meaningful and empathetic with due regard to the apology guidance.
- CompensationWithin 4 weeks
Pay the resident £175: £50 already offered in stage 2 response for complaint handling, £25 additional for loss of confidence caused by poor communication and complaint handling, £100 for loss of confidence caused by communal cleaning handling.
- Take specific actionWithin 4 weeks
Meet with the resident to discuss communal cleaning concerns and write to them with a clear action plan, the outcome of the previous investigation into communal cleaning, and whether any refund of service charges has been made or is due.
Compensation ordered
| Reason | Amount |
|---|---|
| Already offered in stage 2 response for complaint handling | £50 |
| Additional compensation for loss of confidence caused by poor communication and complaint handling | £25 |
| Loss of confidence caused by communal cleaning handling | £100 |
| Total | £175 |
Findings by complaint head
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Reports of various repairs, damp and mould
Outside jurisdictionLegal proceedings were issued at court on 7 April 2026 relating to property condition, repairs, damp and mould. The Ombudsman cannot investigate issues subject to legal proceedings as the matters are so closely connected they cannot be separated.
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Communal cleaning concerns
Service failureThe landlord did not follow through on its stage 1 commitment to meet the resident and discuss his concerns, and there is no evidence it completed its investigation or shared its findings. However, it agreed not to charge the resident for missed cleaning visits.
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Complaint handling
Service failureThe landlord did not acknowledge the stage 1 complaint or issue responses within the timeframes in the Complaint Handling Code. Its final compensation offer did not go far enough in putting things right.
The full determination
Decision Case ID 202450359 Decision type Investigation Landlord Notting Hill Genesis Landlord type Housing Association Occupancy Secure Tenancy Date 26 May 2026 Background The resident moved into the property and reported several repairs to the landlord 1 week later. These included kitchen plumbing faults, unsafe electrics, rotten windows, and damp and mould. He said the property was cold and that there was insufficient bathroom tiling, which allowed water to ingress into the electrical cupboard below.
He also reported that the cleaners were not attending to the communal areas. He was unhappy with the landlord’s communications and its actions to resolve his concerns. What the complaint is about The landlord’s handling of the resident’s: reports of various repairs, damp and mould communal cleaning concerns complaint Our decision (determination) We have not investigated the resident’s complaint about his reports of various repairs, damp and mould because it is outside of our jurisdiction.
There was service failure in the landlord’s handling of the resident’s: communal cleaning concerns complaint We have made orders for the landlord to put things right. Summary of reasons Reports of various repairs, damp and mould We cannot investigate issues which are also subject to legal proceedings or where matters at court are connected so closely to the complaint, they cannot be separated. In this case, we can see legal proceedings were issued at court on 7 April 2026. The matters at court relate to the property condition, repairs, damp and mould.
We cannot investigate the complaint without considering the same matters the court would also look at. That means we have no power to investigate the complaint. Communal cleaning The landlord did not see through its stage 1 commitment to meet the resident and discuss his concerns. There is no evidence it completed its investigation and shared its findings. However, it agreed to not charge the resident for missed cleaning visits. Complaint handling The landlord did not acknowledge the resident’s stage 1 complaint, or issue either of its responses within the timeframes set out in the Complaint Handling Code (the Code).
Its final compensation offer did not go far enough in putting things right. Putting things right Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction. Orders Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
Order What the landlord must do Due date 1 Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: the apology is specific to the failures identified in this decision, meaningful and empathetic it has due regard to our apologies guidance No later than 23 June 2026 2 Compensation Order The landlord must pay the resident £175 as follows: £50 already offered in its stage 2 response for complaint handling £25 additional compensation to recognise the loss of confidence cause by its poor communication and complaint handling £100 to recognise the loss of confidence it caused by its communal cleaning handling This must be paid directly to the resident by the due date.
The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid. No later than 23 June 2026 3 Communication order The landlord must meet with the resident to discuss his communal cleaning concerns. Following the meeting, the landlord must write to the resident. This must include: a clear action plan setting out what, if any, steps it will take to address his concerns, including any timescales and how it will monitor progress the outcome of its previous investigation into the communal cleaning whether any refund of service charges has been made or is due, including the amount and when it will be paid The landlord must provide documentary evidence by the due date.
No later than 23 June 2026 Recommendations Our recommendations are not binding, and a landlord may decide not to follow them. Our recommendations The resident has told us that there are storage heater bricks in the communal garden. We recommend that the landlord contacts the resident to discuss this and agree a resolution. Our investigation The complaint procedure Date What happened 21 January 2025 The resident made a complaint following the start of his tenancy on 13 January 2025.
In summary, he said: the property had problems with the plumbing and electrics, damp and mould, bathroom tiling, windows, and there was little thermal comfort the communal cleaning log had not been signed for many weeks, and he was concerned that cleaning had not taken place 7 March 2025 The landlord gave its stage 1 response. In summary, it said: it resolved the plumbing issues and had arranged further works to address the damp and mould, windows, electrics, and heating it explained its position on the bathroom tiling the property had been identified for future improvement works it had tried to call the resident that day to discuss his cleaning concerns and committed to speaking with the cleaning company It offered the resident £250 compensation, made up as follows: £50 for its delayed complaint response £100 to recognise the time and effort it caused the resident chasing the repairs £100 for the length of time the issues had been unresolved for 11 March 2025 The resident escalated his complaint.
In summary, he said: the landlord had not considered the impact on his living conditions or his increased heating costs the electric, heating, windows, and bathroom issues had not been resolved there had been no communal cleaning and he was paying a service charge for this To resolve his complaint, he asked the landlord to: compensate him for the impact on him caused by his living conditions and heating costs refund him for the missed visits and clean on a regular basis complete the repairs 18 March 2025 The landlord acknowledged the resident’s escalation request.
13 May 2025 The landlord gave its stage 2 response. In summary, it said: it acknowledged its handling of some repairs was poor and confirmed that a number of repairs remained outstanding, which it would monitor to completion it repeated its stage 1 findings about the bathroom tiling, thermal comfort and confirmed further action in relation to electrical checks and windows it was still investigating the communal cleaning but if it found no cleaning had been carried out for the relevant periods, it would not charge the resident it signposted him to its online portal and asked him to raise a service charge dispute It offered the resident £600 compensation, made up as follows: £550 to recognise the impact caused by its poor repairs handling and time and trouble it caused the resident £50 for complaint handling Referral to the Ombudsman The resident referred his complaint to us.
He said he was unable to live in the property due to its condition. He also explained that the cleaning was better than it was in 2025 but remained unhappy with the standard. To resolve his complaint, he wanted the landlord to: apologise compensate him improve the communal cleaning What we found and why The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed.
We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration. Complaint The landlord’s handling of the resident’s reports of various repairs, damp and mould Finding Outside jurisdiction The resident complained about various repairs, damp and mould in the property. He then raised a legal disrepair claim on 7 April 2026 about these issues. We do not investigate complaints about issues which are also subject to legal proceedings, so we have not investigated this.
Complaint The landlord’s handling of the resident’s communal cleaning concerns Finding Service failure In his complaint, dated 21 January 2025, the resident reported that the communal cleaning log had not been signed for several weeks. On 7 March 2025 the landlord gave its response, which went some way towards putting things right. It said it would arrange to meet the resident at the property to discuss his concerns. This was a reasonable response, as it would allow the landlord to understand his concerns in detail.
The resident escalated his complaint on 11 March 2025 as there had still been no cleaning. On 13 May 2025 the landlord gave its stage 2 response. It said it had not finished its investigation into the cleaning. It is unclear what its investigation delays were, given the resident had escalated his complaint 2 months prior. The landlord’s approach was also not consistent with its Estate Management Policy. This says it will work proactively with residents and contractors to resolve issues.
In this case, the landlord told the resident it would arrange an onsite meeting, but it did not do so. This likely made him feel his concerns had been overlooked. However, the landlord said if it found there were periods with no cleaning, it would not charge him for them. This was consistent with its Service Charge Policy, which says it reviews its accounts each year to compare estimated charges with actual spending. It then reconciles any surplus or deficit. Overall, the landlord’s responses did not go far enough in putting things right.
It did not follow through on its stage 2 commitment. While it said it would investigate the communal cleaning concerns, there is no evidence it shared the outcome of that investigation with the resident. It also fell short of setting out what the resident could expect from its cleaning services. These failings likely undermined the resident’s confidence in the landlord’s communal area management. We have therefore made orders to put things right. This includes an order for compensation in line with our compensation guidance and the landlord’s Compensation Policy.
These set out payments up to £100 are appropriate when service standards have not been met and has caused some inconvenience to the resident. Complaint The handling of the complaint Finding Service failure The Complaint Handling Code (the Code) sets out when and how a landlord should respond to complaints. Our findings are: The landlord did not acknowledge the resident’s complaint, dated 21 January 2025 as required under the Code and its policy. However, there is no evidence this had a significant impact on the resident at that stage.
On 7 March 2025 the landlord gave its stage 1 response, 33 working days later. This exceeded the 10-working day timeframe set out in the Code and landlord’s policy. However, the landlord apologised and offered £50 compensation for its delayed response. This amount was consistent with its Compensation policy and our compensation guidance. These suggest payments of up to £100 where the landlord has failed to meet its service standards. The landlord acknowledged the resident’s escalation request, dated 11 March 2025, within 5-working days.
This met the Code and its policy. The landlord’s final response, dated 13 May 2025, was 43 working days after acknowledging the escalation request. This significantly exceeded the Code and its policy’s 20-working day timeframe. During this time, the resident contacted the landlord on at least 1 occasion asking for an update. While the landlord re-offered the resident £50 compensation, it did not explain how it calculated this amount. The landlord’s poor communication and continued delays after its stage 1 response, which likely increased the resident’s frustration.
Therefore, an increased award would have better reflected the further failures at stage 2. Overall, the landlord’s final compensation offer did not go far enough in putting things right. While it apologised in its final response, it did not show it took learning from the stage 1, repeating the same patterns. These failings caused the resident avoidable inconvenience and undermined his confidence in the landlord’s complaint handling. We have made an additional compensation order in line with our compensation guidance and the landlord’s policy.
Learning The landlord did not keep to its commitment to meet the resident to discuss his communal cleaning concerns. Failing to deliver promised complaint actions risks undermining resident confidence and can weaken the landlord and resident relationship. Knowledge information management (record keeping) Maintaining clear and accurate records of communal cleaning attendance helps evidence attendance. It can also help feed into a landlord’s awareness about oversight of cleaning.
Communication Acknowledging complaints on time is essential for compliance. Even minor delays can sometimes create uncertainty and undermine residents’ confidence in the landlord’s complaint handling.
This is a structured summary of a published determination. The official decision is the authoritative record. Contains public sector information licensed under the Open Government Licence v3.0.