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West Northamptonshire Council (202336643)

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REPORT

COMPLAINT 202336643

West Northamptonshire Council

09 September 2025

 

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about the landlord’s handling of the resident’s:
    1. Reports of required repairs following a mutual exchange.
    2. Associated complaint.

Background

  1. The resident became a secure tenant of a 5-bedroom 3-storey terraced house following a mutual exchange in May 2022. She lives with her partner and 7 children. The landlord, a local council, owns the property.
  2. The resident complained to the landlord on 23 June 2023. Her complaint related to the condition of her home when she moved in, her request for repairs, and the clearance of garden waste.
  3. The landlord sent its stage 1 complaint response to the resident on 4 July 2023. It acknowledged a list of required repairs and that it would collect garden rubbish within 7 days. It also confirmed that its planned investment team were looking at the condition of the property including the kitchen and bathroom.
  4. The resident asked the landlord to escalate her complaint on 12 July 2023, stating she had received no stage 1 response. It acknowledged her escalation request on 13 July 2023.
  5. The landlord sent its stage 2 complaint response to the resident on 11 September 2023. It acknowledged that she had asked for assistance on several occasions since moving to the property. It said that while it completed emergency health and safety work, it failed to confirm when other repairs would take place. It also acknowledged that its management of the mutual exchange was unacceptable, it failed to take ownership to resolve the issues, and its communication was poor. It offered to complete the outstanding repairs or find her alternative accommodation. It set out its learning from the complaint and offered £1,000 compensation. It also offered a further review of her complaint at stage 3 of its complaint process.
  6. The resident asked the landlord to escalate her complaint to stage 3 on 4 separate occasions between November 2023 and January 2024. She was unhappy with the length of time it was taking to resolve her repairs. It responded on 15 January 2024 stating that it had reviewed its complaint policy and stage 3 was no longer available.
  7. The resident was unhappy with the landlord’s response and brought her complaint to us. She wants it to complete the outstanding repairs.

Assessment and findings

Scope of investigation

  1. The resident told us that the landlord’s delay in completing repairs caused stress to her, her family, and affected them emotionally and mentally.
  2. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an illness, oral testimony can be examined in court. Therefore, this element of the complaint is better dealt with via the court. We can, however, consider any likely distress or inconvenience caused as a result of any failings by the landlord.

Reports of required repairs following a mutual exchange

  1. It is not disputed that there were delays in the landlord’s handling of the resident’s reports of outstanding repairs. When there are failings by a landlord, as is the case here, we will consider whether the redress offered (apology, compensation and offer to complete repairs) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we consider whether the landlord’s offer of redress was in line with our dispute resolution principles to be fair, put things right and learn from outcomes.
  2. We have not had sight of the landlord’s mutual exchange policy. However, its website states that it will inspect the property prior to a mutual exchange. The existing occupant must complete repairs prior to the exchange taking place. The property will be accepted in its current condition and any issues such as decoration or an overgrown garden will become the responsibility of the new occupant. Once the exchange has taken place, it will complete a full electrical and gas safety check.
  3. The evidence shows that the landlord followed the above process. It inspected the property in March 2022 and noted that it was in fair to poor condition. It said that “a large amount of disclaimers” would be required as the existing tenant had made alterations. It also referred to the gardens needing to be cleared of rubbish. Its records show that it completed electrical tests and repairs on 16 and 19 May 2022 respectively.
  4. The resident contacted the landlord on 23 May 2022, the day her tenancy commenced, as she was unhappy with the condition of the property. It arranged to visit that day and actions were agreed. We have not seen any evidence to confirm what the actions were. She reported further repairs in December 2022 including a health and safety issue with a window. She also stated that there were exposed live wires and that her home was cold.
  5. There is no evidence to show what happened between December 2022 and the resident making her complaint on 23 June 2023. However, the landlord’s records of 28 June 2023, refer to having completed some emergency repairs while others were outstanding. It listed these as follows:
    1. The collection of rubbish from the rear garden which required a skip or several vans.
    2. Plastering of one of the bedrooms due to a large crack from the ceiling down to the light switch.
    3. Replacement of the under stairs door. The replacement of a bedroom door as it was short and likely not in line with fire regulations.
    4. The flooring in the bathroom which was damaged and had a hole in it. This had allowed water ingress to the floorboards causing a bad smell and likely damage to the floorboards.
    5. The landing window required new sealant.
    6. The hallway ceiling was yellowing due to a possible roof or gutter leak.
    7. There was no radiator on the top floor hallway and the downstairs hallway radiator was not working. It noted this was nonstandard and had been installed by the previous tenant.
  6. In further records of 3 July 2023, the landlord states that its housing officer missed some repair issues at the time of the mutual exchange. These were resolved through its void contractor as the property was a hazard. The property had been cluttered and in “extremely poor condition”. This is concerning and does not reflect its process to ensure repairs were completed by the former occupant prior to the exchange taking place. Given its acknowledgement that the property was in poor condition, it is not known why repairs remained outstanding for over a year.
  7. The resident reported further repairs the same day. This included missing skirting boards, the front and back doors being stiff, and that the toilet cistern lid was missing. It is not known if these had previously been reported. She added that the kitchen was dangerous and that a cupboard door had fallen on her infant son. She said she had cleared rubbish from her rear garden, around 30 bags, but it failed to remove these as agreed. She explained that as she cut back brambles, she found more rubbish. She believed it had agreed the mutual exchange “illegally”.
  8. In the landlord’s stage 1 complaint response on 4 July 2023, it acknowledged that its housing officer had agreed to clear the rubbish from the garden. It said it completed some repairs but listed the remaining repairs as outlined above. It confirmed that it completed a survey on 3 July 2023 and was looking at the condition of the property, kitchen and bathroom. It agreed to fit restrictors to the children’s windows on 12 July 2023 and collect the rubbish within 7 days.
  9. The landlord’s response was reasonable having agreed to clear the rubbish and fit window restrictors. However, it gave no timescale to complete the outstanding repairs. It also failed to address the additional repairs raised in the resident’s correspondence.
  10. The resident continued to report her dissatisfaction and the landlord’s records of 3 August 2023 refer to it being unreasonable to expect her to wait until December 2023 for repairs. It said it had completed its survey but there were now many required repairs. This included a roofer to attend to repair the guttering and coping stones, the under stairs door replacement, bathroom floorboards, window repair, renewal of flooring, and kitchen repairs. Given it was aware of these issues from its own records in June 2023, it is not known why it had not arranged to complete these sooner.
  11. The landlord wrote to the resident on 8 August 2023 listing the outstanding work. It said it would complete these in August 2023. It would also collect the rubbish that week and monitor the work to completion. In response, the resident stated she had waited 15 months for repairs and responses. Her children had not had a garden for 2 summers and it failed to keep its promises. She wrote further the following day stating it sent 1 man to clear the rubbish but there was still rubble left. She chased it on 17 August 2023 listing the same repairs and stating no one had arrived to complete these despite her waiting in all day. This does not demonstrate that it was monitoring repairs as stated.
  12. In the landlord’s stage 2 response on 11 September 2023, it acknowledged the resident had asked for assistance on numerous occasions. This resulted in repairs visits to undertake urgent health and safety work including electrics, fire doors, and the staircase balustrade. It repeated its stage 1 response and appropriately identified that it had failed to confirm when it would complete the outstanding repairs.
  13. The landlord also appropriately identified multiple failings. It said that its management and sign-off of the mutual exchange was unacceptable. This resulted in the resident moving to a property where multiple repairs were required, mainly due to neglectful use by the former tenant. It said that it completed urgent health and safety repairs but failed to accept ownership of other repairs or address them in a timely manner. Furthermore, its communication had been poor and despite having a full survey undertaken it failed to advise her of the outcome. It said that its organisation of the repairs had been “hap-hazard” with no planning or consideration of the bigger picture.
  14. In its response, the landlord offered the resident 2 solutions. The first was to complete all outstanding repairs, including the renewal of the bathroom and kitchen, and fully clear the garden prior to the end of November 2023. The second was to find her alternative accommodation. It explained that if she chose the second option, it may take some time to find a suitable property given the size of her family. It explained that it would defer doing the larger improvement work until she vacated the property but would undertake any outstanding works prior to 6 October 2023. This demonstrates its commitment to put things right and resolve the outstanding matters within a specific timescale.
  15. The landlord also demonstrated learning from the complaint and explained that it would review its mutual exchange process. It said that its managers and officers needed to accept responsibility for managing situations such as the resident’s to ensure outcomes in a timely manner. It added that its stage 1 investigation should have been thorough and addressed all issues, and it needed to train staff to identify repeated failings. It acknowledged that it should have established the complexities of the case early on and identified the need for supporting her to resolve her concerns. It apologised and offered £1,000 compensation, as a goodwill gesture.
  16. The landlord’s apology was appropriate and its compensation offer was within the range of awards set out in our remedies guidance for when there has been a significant long-term affect on the resident. However, while this could be said to put things right for the resident, the evidence shows that it continued to delay in completing repairs and its communication remained poor.
  17. On 27 October 2023, the landlord wrote to the resident with a list of scheduled work but failed to provide any timescales. This was over a month since its stage 2 response and offer to complete repairs. On 31 October 2023 the resident contacted the landlord stating workmen had turned up without prior notice. She chased for dates for the work to commence on 9, 10 and 21 November 2023. She repeated that her home was cold and said that it had promised to complete the work by the end of November 2023.
  18. The resident asked the landlord to escalate her complaint to stage 3 on 22 November 2023 due to the further delays. She said that it had failed to install the new kitchen or complete any of the outstanding work. It responded that the kitchen would be complete before Christmas but there had been a breakdown in communication between its contractors. She reported on 5 December 2023 that the contractors had failed to attend that day to fit her kitchen. Its records show that the kitchen had not been paid for but this was resolved and it would start work the following day. She reported that she had half a kitchen on 13 December 2023 and that contractors arrived again on 16 December 2023 without warning. This does not demonstrate effective communication or that it was monitoring its contractors.
  19. The resident contacted the landlord again on 18 December 2023 asking for all works to be completed by 20 January 2024. She asked for temporary accommodation while it completed the work and listed her repairs in priority order. This included the installation of radiators, plastering, and the refurbishment of the bathroom. Its records of the same day referred to the kitchen being finished that week with the exception of painting as the plaster needed to dry out. It confirmed that the heating would be attended to but all other work would be after Christmas. However, further records show that the radiators were not installed until 16 January 2024.
  20. The landlord also stated that it would consider further compensation on 22 January 2024. A local councillor became involved on 24 January 2024 who expressed concern for how the outstanding work was affecting the resident and her 7 young children. Further communication in February 2024 shows that there were still outstanding repairs. It said it would arrange an urgent case review to discuss the work and compensation but we have seen no evidence this took place. She continued to chase repeatedly, 6 months after its promise to complete repairs by the end of November 2023.
  21. The landlord’s records of June and July 2024 refer to the original schedule of work as complete but there being some outstanding repairs, snagging, and a fire door inspection.
  22. In summary, while the landlord attended to complete some remedial work, it failed to effectively communicate or complete the repairs in a timely manner as outlined in its stage 2 response. This would have likely added to the resident’s frustration and distress. It also failed to consider any further detriment to her and her family or offer any additional redress. We have, therefore, made a failure finding and ordered it to pay additional compensation. We have also ordered for it to ensure it has completed all outstanding repairs.

Associated complaint

  1. At the time of the resident’s complaint, the landlord operated a 3-stage complaint process. It acknowledged complaints within 5 working days and responded to stage 1 and 2 complaints within 10 and 20 working days respectively. It offered an optional independent review by its complaints panel at stage 3. Its panel would hear the complaint within 20 working days and respond within 10 working days of the panel hearing. It has since reviewed its complaint policy and now operates a 2-stage process which is compliant with the Complaint handling Code (the Code).
  2. The landlord acknowledged the resident’s complaint and responded at stage 1 within its complaint policy timescales. However, she asked to escalate her complaint on 12 July 2023 and we have seen no evidence that it responded to confirm when its stage 1 response was sent. Its internal correspondence and records also show that there was no copy of its response on its system which is a record keeping failure.
  3. The landlord acknowledged the resident’s escalation request on 13 July 2023. She chased it for a response on multiple occasions. It sent its stage 2 response on 11 September 2023, 22 working days later than its complaint policy timescale which is a failing. It failed to apologise for its delayed response or offer any redress.
  4. The resident asked the landlord to escalate her complaint to stage 3 on 23 November 2023. It acknowledged her request the same day. She repeated her request on 5 and 13 December 2023, and 10 January 2024. It wrote to her on 15 January 2024 apologising for the delay in responding to her stage 3 request. It explained that it reviewed its complaint policy in December 2023 and removed stage 3 of its process to ensure it was compliant with the Code. This was, therefore, no longer available.
  5. It was appropriate for the landlord to review its policy to a 2-stage process in line with the forthcoming mandatory Code in April 2024. However, it failed to follow its process at the time having offered a further review of the resident’s complaint in its stage 2 response. Given that she asked to escalate her complaint in November 2023, prior to it reviewing its process, it should have escalated her complaint at that time. It was not reasonable to raise her expectations and then remove its offer of a further review. It again failed to offer any redress or consider the likely further frustration with its poor communication.
  6. Due to the landlord’s delayed stage 2 response and its failure to escalate the resident’s complaint to stage 3, we have made a failure finding. We have made an order for compensation in line with our remedies guidance.

Determination

  1. In accordance with paragraph 52 of the Scheme there was maladministration in the landlord’s handling of the resident’s:
    1. Reports of required repairs following a mutual exchange.
    2. Associated complaint.

Orders and recommendations

Orders

  1. The landlord is ordered to take the following action within 4 weeks of the date of this report and provide evidence of its compliance:
    1. Pay to the resident the sum of £1,800 broken down as follows:
      1. £1,000 offered in its stage 2 response if not already paid.
      2. £600 for time and trouble, distress and inconvenience for its further failings to complete repairs in a timely manner.
      3. £200 for time and trouble for its complaint handling failures.
    2. Send a written apology to the resident for the failings identified in this report.
    3. Undertake an inspection of the resident’s home to ascertain the extent of all outstanding repairs and complete these.

Recommendations

  1. The landlord should review its mutual exchange policy and procedure if it has not already done so. It should ensure that properties are in good condition prior to agreeing a mutual exchange.