Dudley Metropolitan Borough Council (202327564)

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REPORT

COMPLAINT 202327564

Dudley Metropolitan Borough Council

30 May 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 of a roof leak and the associated remedial repairs.

Background

  1. The resident lives in a 6-bedroom bungalow as an assured tenant of the landlord with her partner and 7 children.
  2. The landlord has recorded vulnerabilities for the resident’s daughter who has physical disabilities requiring adaptations to the property.
  3. The resident reported to the landlord that there was a leak coming from the roof on 13 June 2023 affecting a bedroom. The landlord attended on 13 June 2023 as an emergency repair, and again on 7 August 2023.
  4. On 26 August 2023 the resident raised the issue as a formal complaint. She expressed that the roof was still leaking, and the loft insulation was wet. She expressed health and safety concerns due to the ongoing water ingress.
  5. On 30 August 2023 the resident said to the landlord that despite numerous inspections being raised and attended, the roof remained an issue. She said the ceiling has brown marks and cracks, and the roof tiles have not been battened down, and the nails protrude through the lining inside so when it rains the water comes in.
  6. The landlord provided its stage 1 response on 19 September 2023. It apologised for the ongoing leak. It acknowledged the delay in the repairs and the inconvenience it had caused. It said it had communicated with its repairs team, and they said the roof had been repaired on 18 September 2023 and follow on repairs would be completed shortly.
  7. On 29 September 2023 the resident escalated her complaint. She said that she had not had an update from the landlord and due to heavy rainfall on 20 September 2023, her bed and carpet was soaked and were no longer fit for purpose. She sought compensation for these items.
  8. On 5 October 2023 the landlord issued its stage 2 response. It said it had been in touch with its repairs team and the roof work had been completed. It also advised of its insurer’s contact details and how to submit a claim for any damaged possessions.
  9. The landlord inspected the main bedroom on 30 October 2023 and noted the walls were soaking wet.
  10. On 1 February 2024 the landlord logged repairs to inspect the plaster work affected by the leaks.
  11. The resident reported that the roof was leaking again on 22 February 2024, and it had spread to her daughter’s room, the living room, and hallway.
  12. The landlord’s repair logs of 23 and 27 February 2024 refer to renewing insulation in the loft, conducting damp treatments, renewing the roof valley, and clearing the gutters.
  13. On 1 March 2024 the landlord’s repair records note an attendance with roofers to check for leaks. On 8 April 2024 it refers to slabbing required and renewal of gulley skirting.

Assessment and findings

Scope of investigation

  1. The Ombudsman may only investigate complaints which have completed the landlord’s internal complaints process.
  2. In her conversations with us, the resident has referred to concerns about resulting damp and mould. However, these issues are not referenced in the landlord’s final response of 5 October 2023. As such, this investigation has primarily focused on the landlord’s handling of the resident’s reports of issues leading to her formal complaint in August 2023.
  3. We do note that following the end of the complaints process on 5 October 2023, we have seen evidence of new repairs taking place to the roof, plaster work, and damp treatments.
  4. Any new issues or repairs raised and completed following the end of the landlord’s complaint process will not be considered as part of this investigation. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to our involvement. Any further issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint, if required.

The landlord’s handling of the resident’s reports of a roof leak

  1. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in a good state of repair.
  2. The landlord’s repairs policy refers to the landlord being responsible for all roofing and rainwater leaks. Although its policy is silent on the timeframes to complete roof repairs they should be investigated in a reasonable timeframe.
  3. The landlord’s records show that the resident reported a leak on 13 June 2023. In response, the landlord attended the property on 13 June 2023 to inspect the roof, and again on 7 August 2023 to inspect the damp in the hallway and bedroom ceilings. It also attended on 26 August 2023, following this it booked another appointment for 1 September 2023 to inspect the roof. The landlord’s initial approach to the leak was appropriate and timely. It sought to act quickly to prevent damage and assigned appointments promptly.
  4. A landlord should have systems in place to maintain accurate records of repair reports, responses, inspections and investigations. Good record keeping is vital to evidence the action a landlord has taken so it can demonstrate to a resident, and ultimately to the Ombudsman, that its actions were reasonable in the circumstances. In this case, from the repair records, it is not apparent what work was conducted during these appointments. It should also communicate with the resident to keep them informed. It is not apparent this happened. It was therefore unreasonable for the landlord not to record the purpose or effectiveness/result of these appointments.
  5. The gaps in evidence suggest that the landlord did not address or investigate the cause of the leak for some time, as there were ongoing issues from June 2023 to February 2024, across 8 months. Once again, it is not evident it kept the resident informed throughout this period as to the reason for the delays. This would have left her unclear about when or how the issue would be resolved, which would have caused distress and inconvenience.
  6. We understand leaks can be more complex than first expected and multiple areas can be affected, making it difficult to find the source/s of a leak and the best way to address it. It can therefore be reasonable to have to undertake multiple repairs over an extended period before a leak is solved. Where a leak is persistent, it is reasonable for a landlord to undertake a thorough investigation or instruct a surveyor to establish the cause of a leak. This is particularly important when the issue is reoccurring, as in this case.
  7. The gaps in evidence indicate that the landlord was not proactive in establishing the source of the leaks. Given the landlord’s numerous repair appointments across June – September 2023, it would have been reasonable to consider engaging a professional to investigate what areas required attention and assign an action plan to address all identified areas. This is particularly important given the ongoing impacts to the resident, and the risk of damp and mould developing in the property. Its failure to do so was a missed opportunity to find a permanent solution to the issue.
  8. Given the delays, it was appropriate that the landlord apologised for the ongoing inconvenience in its stage 1 response. It also acknowledged follow on repairs would be done to the roof. However, it did not advise of any timeframes or schedule of works to take place or provide assurances that it was being investigated further. This was a missed opportunity for the landlord to explain to the resident what works it had completed, and what further works were required to assure the resident that matters were progressing, which would have been frustrating for the resident.
  9. On 5 October 2023, in its stage 2 complaint response, the landlord said the works to the roof had been completed. Once again, it did not provide an explanation of what action it had actually taken and so it is not clear what these works were.
  10. As part of her complaint, the resident raised concerns about damage caused to her personal possessions by water ingress. In its formal responses, the landlord advised of its insurers contact details and how the resident could make a claim. This was appropriate advice to give in response to the resident’s concerns to allow her to make a claim for these damaged items.
  11. While the landlord acknowledged delays, it did not fully acknowledge the ongoing stress and inconvenience caused to the resident. Nor did it consider that the resident’s use and enjoyment of the property was significantly impacted by the ongoing leaks. Given the delays and level of impact to the resident, the landlord should have considered redress or compensation in accordance with its complaints policy, to attempt to put things right for the resident; however, it failed to do so.
  12. Overall, while the landlord’s initial response was appropriate and in line with its policy, the evidence shows it subsequently failed to take a focused and proactive approach to the roof leak. Its poor record keeping meant that it could not justify what repairs it had done or provide assurances to the resident in this respect. Lastly, the landlord failed to show consideration for the impact on the resident and their family, and it did not consider any redress to put things right. As such, the landlord failed to adequately address the detriment to the resident. This amounts to maladministration, and an order has been made for compensation of £550 in recognition of the stress and inconvenience caused by its failures.
  13. Given that the resident continues to experience issues with leaks, a recommendation has also been made regarding further inspections.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in relation to the landlord’s handling of reports of a roof leak.

Orders

  1. Within 4 weeks of the date of this report, the Ombudsman orders the landlord to:
    1. Provide a written apology to the resident for the failures identified in this report.
    2. Pay directly to the resident a total of £550 for the distress and inconvenience caused to the resident by its failings in handling of the reports of a roof leak.

Recommendations

  1. We recommend that the landlord make enquiries with the resident about whether the leaks are ongoing. Should this be the case, the landlord should provide a position on engaging a leak detection specialist to inspect the property. It should also provide its position on any recommendations given following any further inspections.