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Clarion Housing Association Limited (202226928)

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REPORT

COMPLAINT 202226928

Clarion Housing Association Limited

28 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 about the landlord’s handling of the resident’s reports about the condition of the windows and her request for replacement.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident has an assured tenancy with the landlord of a second-floor 1-bedroom flat.
  2. On 4 April 2023 the landlord inspected the windows. It found the rear windows were in a poor condition and recommended they be replaced. It also noted that the front windows needed painting to prevent rotting.
  3. On 20 November 2023 the resident complained to the landlord. She said she had been waiting months for new windows and frames to be fitted. She was unable to attend the scheduled 16 November 2023 appointment to measure the windows as she was abroad until Christmas. She said she had lost countless hours chasing updates. She asked the landlord to replace all the windows as soon as possible and to compensate her for the loss of time and the lack of insulation caused by the deterioration of the windows.
  4. On 22 January 2024 the landlord responded at stage 1. It provided a history of the window repairs. And in summary, said:
    1. It arranged an appointment in early February 2023, however, it missed this appointment without notice or explanation to the resident.
    2. It arranged a follow-up appointment for late February 2023, however, there was no access as the resident was away.
    3. There was an admin error after the April 2023 inspection. It did upload the measurements for the windows, and parts were not ordered.
    4. It attended late to an appointment in early June 2023, and there was no access as the resident had returned to work.
    5. It arranged a follow-up appointment for mid-June 2023, but the resident cancelled this as she was not available.
    6. It took measurements for the windows in early July 2023, however, it ordered the wrong size glass, meaning the repairs could not be completed.
    7. In August 2023 it found scaffolding was needed and acknowledged it should have identified this earlier.
    8. It booked appointments for November and December 2023, but no access was provided.
    9. It noted the resident would not return to the property until May 2024 and asked her to contact it then.
    10. It would offer £330 compensation, made up of £30 for 2 missed appointments, £50 for a late complaint response, and £250 for a lack of communication and inconvenience caused.
  5. That same day, the resident asked to escalate the complaint. She was unhappy that the landlord would only consider repairs rather than commit to replacing the windows.
  6. On 23 March 2023 the landlord issued its stage 2 final response. It said that it would replace the windows that needed it and repair those that did not. It could not confirm a timeframe for the work until the resident returned. It agreed to follow up with her at the end of May 2024 to arrange the installation. It also offered another £400 compensation, made up of £50 for the delayed stage 2 response and £350 for delays in resolving the window issues.
  7. In her referral to us, the resident said the landlord had replaced the rear windows but had not communicated with her about the replacement of the front windows. She said they continued to deteriorate, were unsafe and beyond repair.

Assessment and findings

The landlord’s handling of the resident’s reports about the condition of the windows and their request for replacement

  1. The landlord does not dispute that there were failings in its handling of this matter. Where the landlord admits failings, we consider whether it resolved the resident’s complaint satisfactorily in the circumstances and offered appropriate redress. In considering this, we assess whether the landlord’s actions were in line with our Dispute Resolution Principles: Be fair, put things right and learn from outcomes.
  2. The landlord did not deal with the resident’s reports about the condition of the windows in a timely way. Communication was poor, appointments were missed, and an admin error delayed progress. The landlord also failed to identify early on that scaffolding would be needed, which led to more delays. These failures caused distress, inconvenience, as well as time and trouble to the resident who regularly chased the landlord for updates.
  3. The landlord recognised its failings and offered £630 in compensation across its formal complaint responses. Our remedies guidance says that compensation from £600 should be considered where failures have a significant adverse effect on the resident. Given the landlord’s failings and the resident’s health and safety concerns, this compensation was appropriate.
  4. However, in the resident’s escalation request and subsequent referral to us, she was unhappy that the landlord would not commit to replacing all windows. The landlord replaced the two rear windows around September 2024, but it is unclear what action the landlord has taken regarding the front windows, which the resident says are still in poor condition.
  5. The landlord is not required to replace windows if repairs are possible. However, in August 2025 the resident told us that the landlord had said there was nothing wrong with the front windows. She said that it told her to wait to hear from the landlord’s planned investment team about any upgrades and that no further work had been reported.
  6. The landlord had already identified problems with the front windows as early as April 2023. It records said they need repainting to stop them from rotting and indicated that this needed to be done soon. However, there is no evidence that this work happened or that further checks were carried out on these windows.
  7. In its final response, the landlord explained it would only replace windows if needed. It also said it would follow up with the resident at the end of May 2024 to confirm a timeframe for the work. However, it is unclear if this included the front windows. And the resident remains concerned about their condition and safety. She told us that the kitchen window does not open or close properly.
  8. The landlord seemed focused only on the replacement of the rear windows. It did not properly consider or address the resident’s concerns about the front windows. This was despite identifying issues in April 2023. Again, there is no evidence of any follow-up checks or action taken on the front windows.
  9. An internal landlord note from February 2024 said it would check whether this matter included all windows and that it would be in a position to provide an action plan with possible timeframes when the resident returned. However, there is no evidence that this happened.
  10. In this case, the resident reported potentially unsafe front windows, and the landlord did not take any meaningful action to address this. The resident has told us that she is still concerned about the safety and condition of these windows, over 2 years after the landlord acknowledged they needed work.
  11. This amounts to maladministration. We have therefore ordered the landlord to pay a further £170 compensation and to inspect the front windows.

Complaint handling

  1. There were delays in the landlord’s complaint handling. It took just over 2 months to issue its stage 1 response, contrary to its 10-working-day stage 1 policy timescales. There was also a similar delay at stage 2, with the landlord again failing to act in line with its policy timescales. These delays likely caused frustration.
  2. While the landlord’s approach was contrary to its usual procedure, it acknowledged this and made an offer of £100 compensation in recognition. This was fair and proportionate to the detriment caused to the resident.
  3. As such, we have found reasonable redress for the landlord’s complaint handling. The landlord should pay the £100 offered across its formal responses if it has not already done so.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of the resident’s reports about the condition of the windows and her request for replacement.
  2. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, the landlord offered redress to the resident prior to investigation which, in the Ombudsman’s opinion, resolves the landlord’s complaint handling.

Orders

  1. The landlord must do the following within the next 4 weeks:
    1. Pay the resident compensation of £800 comprised of:
      1. £630 as offered across its formal responses if it has not done so already.
      2. A further £170 for the distress and inconvenience caused by the resident’s reports about the condition of the windows and her request for replacement.
    2. Inspect the front windows to identify if they require repair or replacement. If works are needed, the landlord must create an action plan with proposed timescales. It must provide a copy of the inspection report and action plan to the resident and this Service.
  2. The landlord must provide this Service with evidence of compliance with these orders within the timescale set out above.

 Recommendation

  1. The landlord should pay the resident £100 compensation as offered across its formal responses for its complaint handling if it has not already done so. This Service has found reasonable redress based on this being paid to the resident.