Metropolitan Thames Valley Housing (MTV) (202412860)
|
Decision |
|
|
Case ID |
202412860 |
|
Decision type |
Investigation |
|
Landlord |
Metropolitan Thames Valley Housing (MTV) |
|
Landlord type |
Housing Association |
|
Occupancy |
Leaseholder |
|
Date |
24 October 2025 |
Background
- The resident is the leaseholder of the property, a 3-bedroom flat. He has reported experiencing draughts and water ingress through his windows since 2019. He is unhappy with the time taken to replace his windows.
What the complaint is about
- The complaint is about:
- The landlord’s handling of window repairs and replacement works.
- How the landlord responded to the complaint.
Our decision (determination)
- We have found that:
- There was maladministration in the landlord’s handling of window repairs and replacement works.
- There was maladministration in how the landlord responded to the complaint.
We have made orders for the landlord to put things right.
Summary of reasons
The landlord’s handling of window repairs
- The landlord cannot evidence it progressed the window replacement until May 2025, despite confirming over 2 years prior that they were beyond repair. While the landlord offered compensation, this was not proportionate considering the distress caused by the boarded-up bedroom window and reported mould. This was believed to be associated with the outstanding works.
The complaint handling
- The landlord acknowledged it failed to respond to the complaint in line with policy timescales. It also acknowledged that it did not respond to all issues within the complaint. However, it took 8 months to do so, showing poor complaint handling and delayed learning.
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
|
No later than 21 November 2025 |
|
2 |
Compensation order The landlord must pay the resident £1,710 made up as follows:
It must pay this 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 21 November 2025 |
|
3 |
Inspection order The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure it completes the inspection by the due date. The inspection must be completed by someone suitably qualified to complete an inspection of the type needed. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that the surveyor:
The landlord must share the survey report with us, and share its findings with the resident, setting out:
|
No later than 21 November 2025 |
|
4 |
Compensation order Confirm its position about paying further compensation if the replacement extends past May 2026. It should provide this in writing to the resident, including the reasons for its decision. |
No later than 21 November 2025 |
|
5 |
Complaint handling order Log a new complaint to address the issues not addressed within its responses. This should include:
|
No later than 21 November 2025 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
|
Our recommendations |
|
We recommend that the landlord contacts the resident to discuss his concerns about increased heating costs. It should then consider whether to offer compensation or refer him to its liability insurers given his concerns. |
Our investigation
The complaint procedure
|
Date |
What happened |
|
3 April 2024 |
The resident complained to the landlord. He said:
|
|
30 April 2024 |
The landlord provided its stage 1 response. It acknowledged it had taken too long to complete repairs reported in August 2023. It said it had since completed 2 window repairs. It explained it would replace the windows in 2025 due to their condition. It apologised for its poor communication and the delay in completing works. It offered £160 compensation, which consisted of:
|
|
28 May 2024 |
The resident escalated his complaint. He was unhappy that he had awaited window repairs since 2019, and the landlord would not complete replacement works until 2025. He said one window did not close so this had to be boarded up, and others were rotten which allowed water in. |
|
12 September 2024 |
The landlord provided its stage 2 response. It said:
|
|
Referral to the Ombudsman |
The resident escalated his complaint to us. He remained unhappy with the landlord’s decision to replace the windows in 2025-26. He felt this was too far in the future given the condition of the windows and the impact his was having, including increased heating costs. |
|
29 May 2025 |
After we contacted the landlord to prepare our investigation, it reviewed the complaint. It acknowledged it had failed to answer part of the resident’s complaint. This included issues with mould and the paint, the previous complaints raised and its lack of communication. It said it should have updated him about the window works. It said it also should have taken responsibility for the internal repairs caused by the window issues. It said it was awaiting planning approval to replace the windows, it would then consult with the leaseholders and complete the works. It offered a further £755 compensation which consisted of:
|
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 window repairs and replacement works |
|
Finding |
Maladministration |
- The resident raised issues with the condition of the windows in 2019. In a previous complaint response, the landlord said it would complete planned works in 2021 to resolve this. However, it is unclear what works this involved, and whether it would replace the windows.
- In February 2023, the landlord inspected the windows. It noted that repairs were “no longer possible” as the windows would not shut, one was boarded up, and they allowed draughts. It also noted it would refer the matter to its planned works team for replacement works. However, it cannot evidence it did so at that time. The lack of records has meant we cannot establish why there was a delay in considering the window replacement.
- The landlord raised and completed 2 window repairs between August 2023 and February 2024. It was reasonable for it to consider interim repairs to minimise the impact caused to the resident. However, it later acknowledged it did not respond within its planned repairs timescale of 90 days. Instead, it took 175 days. Also, its repair records show it only inspected the window, whereas its complaint response said it completed a repair. This is a further failing as we cannot assess what it did and whether it took reasonable steps in the interim.
- Additionally, there is no evidence that the landlord was progressing the replacement during this time. It should have reasonably done so following its inspection in February 2023, and especially after the resident raised his complaint. By not doing so, it cannot evidence that it proactively managed or monitored these works. It also missed opportunities to minimise the overall time taken to resolve the resident’s concerns.
- The landlord told the resident it would replace the windows in the financial year 2025-26. Yet it seemingly only started the process of doing so after we asked the landlord for information relating to the complaint in May 2025. Internal emails show it needed to first apply for planning permission and consult with the affected leaseholders. Due to this, it said it would take around 10 to 12 months to replace the windows from that point. It is understandable that this would be a lengthy process. However, by not initiating this process much sooner, it added further delays in replacing the windows.
- During this time, the resident’s enjoyment of the property was understandably impacted. At the time of the final response, his son had lived in a bedroom with a boarded-up window for around 1 and a half years. At the time of this report, it has been approximately 2 and a half years. The resident has also told us that his daughter’s bedroom window is now boarded up too.
- This would have understandably caused the resident significant frustration and distress. That the landlord failed to progress the works in a timely manner, combined with the lack of communication, would have left him feeling as though it did not take his concerns seriously.
- The landlord offered a total of £740 compensation for its handling of the window repairs. While it was right to reflect on its actions, it is concerning that it seemingly only did so after our involvement. The increased amount was also not proportionate to the failings we have identified. It delayed arranging replacement works after its February 2023 inspection confirmed it could not complete further repairs. It only progressed the replacement works following our involvement in May 2025. Due to this, we cannot evidence that it took meaningful action to put things right during this time.
- The landlord calculated the extra £555 compensation at £15 per month. We consider an award of £30 per month is fair given the distress and inconvenience caused. Additionally, it should pay this based on a period of 39 months from its February 2023 inspection to May 2026. This is when it said it would likely complete the replacement. As such, it must instead pay £1,170 compensation. It should also pay the £185 originally offered in its complaint responses.
- The overall offer of £1,355 compensation fairly reflects the distress and inconvenience caused. It is also in line with our remedies guidance for long-term failings which impacted the resident. Additionally, while not part of the complaint, the resident said the window condition has caused increased heating costs for him. We have made a relevant recommendation about this.
|
Complaint |
The handling of the complaint |
|
Finding |
Maladministration |
- The landlord’s complaints policy is in line with our Complaint Handling Code (the Code).
- The landlord acknowledged it did not respond to the complaint in line with the timescales set out in its policy or the Code. It responded within 19 working days at stage 1 (9 days late) and 77 working days at stage 2 (57 days late).
- During the complaints process, the landlord offered £155 compensation for the delay and for its lack of updates during this time. It was right for it to reflect on its handling and to consider the impact caused to the resident by its delayed responses. This amount of compensation offered is also in line with our remedies guidance for failings which did not impact the overall outcome.
- Following the landlord’s later review, it acknowledged further complaint failings by not responding to part of the complaint. While this reflection was positive, it took 8 months to do so. Therefore, it failed to put things right during the complaints process or learn lessons sooner. As such, we have found it has not acted in line with our dispute resolution principles, and we have found a failing. It is also unclear whether the landlord has since responded to the resident’s unanswered concerns. We have therefore made an order related to this.
- The landlord increased its compensation offer to a total of £355 for its poor complaint handling. This was an appropriate award in line with our remedies guidance for failings which impacted the resident. It reflected the time and trouble caused by the failings. For that reason, we have not made a further award of compensation.
Learning
- The landlord acknowledged its complaint handling failings which was positive. However, it should be mindful to do so at the time of the complaint.
Knowledge information management (record keeping)
- The lack of records meant we cannot see what actions the landlord took and the reason for the delays.
Communication
- The landlord could have minimised any distress and inconvenience caused with earlier action and better communication.