From 13 January 2026, we will no longer accept new case enquiries by email. Please use our online complaint form to bring a complaint to us. This helps us respond to you more quickly.

Need help? Other ways to contact us.

Basildon Borough Council (202412377)

Back to Top

 

REPORT

COMPLAINT 202412377

Basildon Borough Council

20 August 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 regarding the landlord’s handling of repairs to the guttering.

Background

  1. The resident has a secure tenancy with the landlord. The landlord is a local authority. The property is a 3-bedroomed house.
  2. On 10 August 2023, the resident reported that the gutters to the front and back of the property had been leaking. A contractor visited the property on 11 September 2023 and noted that the guttering system was not standard, and it needed a joint inspection. It carried out that inspection on 6 October 2023 but found no evidence of a leak.
  3. The landlord issued a stage 1 response on 5 November 2023. It said that the inspections in October 2023 had found no signs of a leak, and it did not uphold the complaint.
  4. The resident reported another leak from the gutters on 26 February 2024. A contractor inspected the problem on 29 February 2024 and confirmed that the repairs required scaffolding.
  5. Around April 2024, the resident raised a formal complaint. She said that:
    1. The box guttering at the front and back of the property had been leaking for many years. Previous repairs had not resolved the issue. The Housing Ombudsman previously ordered the landlord to replace the gutters, but the landlord failed to carry out the work.
    2. The landlord put up scaffolding on 22 April 2024 for repairs scheduled on 29 April 2024, but the contractor left the site without completing any work.
    3. The landlord told her that it might remove the scaffolding and reinstall it later.
    4. The scaffolding had damaged her flowers and outside light.
  6. The landlord issued its stage 1 response on 8 May 2024. It said that:
    1. It partially upheld the complaint due to delays.
    2. It had received a report of a leak from the gutters on 10 August 2023. An engineer inspected the issue on 11 September 2023 and said that a roofing contractor needed to carry out further work.
    3. It confirmed that a roofing contractor attended the property on 29 September 2023 and again on 6 October 2023. It found no sign of a leak. It apologised if this was not the case.
    4. It did not receive another report about a leak from the gutters until 26 February 2024. An engineer visited the property on 29 February 2024 and recommended installing scaffolding.
    5. It put up scaffolding around the property on 22 April 2024 and it planned further work for 29 April 2024. It delayed this work because materials had been missing.
    6. It had scheduled a new appointment for 31 May 2024 to complete the work needed to the guttering.
    7. It apologised for the delay and inconvenience caused and confirmed that the repairs team would continue to monitor the matter.
  7. On 22 May 2024, the resident escalated her complaint to stage 2. She said:
    1. The landlord sealed the gutters on 21 May 2024, but they were still leaking and this had caused staining to the rendering.
    2. The scaffolding had been up for over 5 weeks, there was no date to remove it, and she was unable to open her windows or use her garden.
    3. She had chronic health problems and severe asthma.
  8. The landlord issued its stage 2 response on 7 June 2024. It said that:
    1. It did not uphold the complaint as it had carried out work to resolve the issue.
    2. An engineer had sealed the gutters on 31 May 2024.
    3. It inspected the property on 5 June 2024 and found no sign of a leak or staining to the rendering. However, its contractor had recommended that the guttering be replaced. This needed the private neighbour’s consent before this could go ahead.
    4. It was waiting for the contractor’s quote before it could book in the work.
    5. It would keep the resident updated and continue to monitor the issue.
  9. On 25 June 2024, the resident brought the complaint to the Ombudsman for investigation. She said that the issue was ongoing, and the landlord had not replaced the gutters.
  10. On 5 and 6 December 2024 the landlord cleared the gutters, installed a new lining, sealed the seams, and refixed tiles.

Assessment and findings

Scope of the investigation

  1. The resident has historically reported leaks from the guttering. The Ombudsman considered the landlord’s handling of the earlier leaks under case reference 202203138. We determined that case in September 2022. This investigation will primarily focus on the period from August 2023 until the end of the landlord’s internal complaints process in June 2024. While the resident’s past experiences undoubtably contributed to the overall stress and inconvenience experienced, the Ombudsman’s role is to assess how the landlord responded to the report of a leak from the guttering from August 2023.
  2. The landlord issued a stage 1 complaint response on 5 November 2023, but this was not escalated to stage 2. The Ombudsman does not investigate matters that have not exhausted a landlord’s complaints process. We will therefore not consider the handling of that complaint as part of this investigation.

Handling of repairs to the guttering

  1. The tenants’ handbook says that the landlord is responsible for maintaining the guttering, rainwater pipes, fascia’s, soffits, and barge boards. The handbook classes non-emergency repairs as priority 2. The landlord should complete these repairs at the tenant’s convenience, but within 28 days.
  2. The landlord’s first response to the report of a gutter leak on 10 August 2023 was reasonable. It acknowledged the repair and arranged attendance within 28 days. During a joint visit on 6 October 2023, the contractor found no evidence of a leak but said they could not rule one out. The contractor also said that it was not possible to replace the rear gutters because of the neighbouring gutters, and adapting the front could cause complications. The landlord took no further action following this visit.
  3. The landlord was entitled to rely on the contractor’s assessment. However, since the contractor did not rule out a leak and there was a history of gutter repair reports, the landlord should have taken further steps to investigate and ensure the gutters functioned properly.
  4. Following a further report of a gutter leak on 26 February 2024, the landlord attended the property on 29 February 2024. This was an appropriate response. It acknowledged the report, inspected the issue within 28 days, and decided it needed scaffolding for further repairs.
  5. However, the landlord did not complete the work within the 28-day target set out in the tenants’ handbook. It did not put up scaffolding until 22 April 2024 and it did not bring the correct materials to repair the gutters on 29 April 2024. While the initial response was appropriate, the delay in progressing the work did not meet the timeframe set out in its repairs policy, and this added to the resident’s experience of leaks and inconvenience.
  6. The landlord issued its stage 1 response on 8 May 2024. It appropriately addressed the resident’s concerns by summarising the key events, explaining the reason for the delay, apologising, and partially upholding the complaint. However, it did not acknowledge the impact of the delays or explain why the scaffolding took nearly 2 months to put up. While its response showed fairness by admitting the service failings and confirming future work, it could have gone further by showing learning and offering compensation that reflected the impact of the delay.
  7. On 21 May 2024, the landlord sealed the gutters. This was a reasonable action to reduce the leaks while it considered a permanent fix. At the visit on 5 June 2024, a contractor advised the landlord to replace the guttering. This showed that the landlord had established a long-term fix which was appropriate given the history of ongoing leaks.
  8. In the resident’s stage 2 complaint, she said that the temporary seal had not worked, rain was leaking through the gutters, and scaffolding was impacting the use of her home. In its June 2024 stage 2 response, the landlord confirmed that a contractor had recommended a replacement, it was awaiting a quote, and it would keep the resident updated on the progress.
  9. However, the landlord’s refusal to uphold the stage 2 complaint was unreasonable. In its response, it did not acknowledge that the temporary seal had failed, and the scaffolding was causing the resident inconvenience. The resident had experienced reoccurring leaks since August 2023. By not upholding the complaint, the landlord did not acknowledge the impact the delays and lack of clear timeframe would have had on the resident.
  10. Following this response, the landlord did not complete the agreed works within a reasonable time. The records show that it completed an inspection on 25 July 2024, and it decided that a repair would be suitable. No further action took place until 22 October 2024 when a contractor recommended that the gutters needed new felt. The landlord has since informed this Service that the resident refused these repairs at the time as she wanted a replacement.
  11. It is understandable that the resident wanted the landlord to replace the gutters after the assurances it made in its stage 2 response. Furthermore, there is no evidence that the landlord explained the reason for the change or that it kept the resident updated during this period. This was not appropriate, and the resident continued to live with leaks and prolonged disruption while the scaffolding remained outside her home.
  12. The landlord completed repair works to the guttering on 5 and 6 December 2024. The resident has since told this Service that the guttering is still leaking, but it is not clear if the landlord is aware. However, its actions were not in line with its stage 2 response. It did not replace the guttering as agreed or explain the reason for the change. This was a failing that would have caused the resident distress and inconvenience.
  13. In summary, the landlord did not complete the agreed works within a reasonable timeframe. It agreed to replace the guttering but took no further action for several months. During this time, the scaffolding remained in place, which restricted the resident’s use of her home. It did not keep the resident updated or explain why it changed the scope of the work from replacement to repair. These delays and poor communication would have caused the resident distress and inconvenience. For these reasons, we have made a finding of maladministration.
  14. In light of the inconvenience and distress caused to the resident, the Ombudsman awards £300 compensation for the failures noted in this report. This is in line with the Ombudsman’s remedies guidance when the landlord has not acknowledged its failings and the impact this would have had on the resident.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of repairs to the guttering.

Orders and recommendations

Orders

  1. The landlord must send a written apology to the resident for the failures identified in this determination and provide a copy to this Service within 4 weeks.
  2. The landlord must pay the resident £300 in compensation within 4 weeks of this determination for the distress and inconvenience caused by its failures in handling the gutter repairs. It must also provide this Service with evidence of this payment.

Recommendations

  1. The landlord should contact the resident within 4 weeks of this report to confirm whether the gutters still leak. If the gutters require further work, the landlord must give both the resident and this Service a clear timeframe for completing the repairs.