Cheshire Peaks & Plains Housing Trust Limited (202326951)

REPORT

COMPLAINT 202326951

Cheshire Peaks & Plains Housing Trust

2 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 a repair to the resident’s paving stones and patio.

Background

2. The resident is an assured tenant of the landlord. The landlord is aware the resident has vulnerabilities and has recorded these on its system as sight and mobility issues. 
3. The resident reported issues with the pavers on 3 August 2023, in particular that 1 paver was broken, 1 was loose and several were not level. The landlord assigned an appointment to inspect the pavers on 8 August 2023, which was not suitable for the resident, and it rescheduled this to 6 October 2023. On 6 October 2023 the landlord’s bricklayer attended the repair, saying it had replaced 1 damaged flag and made good around the drain. They noted no further work was required as there were no trip hazards or cause of damage to the property.
4. The resident raised a formal complaint with the landlord on 9 October 2023. He said the works had been signed off without being inspected and he wanted the work inspected by management.
5. The landlord issued a “quick fix” response on 11 October 2023. It said that it had reviewed the evidence and had come to the conclusion that the complaint was not upheld. This was because it deemed the condition of the pavers to be acceptable in line with its service standard, and there were no trip hazards in the area.
6. On 27 October 2023, the resident escalated the complaint to stage 1 of the landlord’s process at the time. On 2 November 2023 the landlord’s building surveyor attended to inspect the patio/pavers for any hazards. The builder surveyor reported that there were no issues with trip hazards or water pooling, and the drain near the pavers had been correctly fitted and was level.
7. The landlord responded at stage 1 of its process on 6 November 2023. It reiterated its response of 11 October 2023 and its building surveyor’s opinion of 2 November 2023.
8. On 20 November 2023 the resident escalated to the final stage of the landlord’s complaint process and requested the landlord to reconsider its decision in light of his vulnerabilities.
9. The landlord issued its stage 2 complaint response on 14 December 2023. It did not uphold the complaint, as it had not identified any health and safety issue or failure in its handling of the repair. It said it could reconsider if the resident provided further evidence. It recommended the resident contact the local authority to discuss any possibility for aid to support him. It further added that if this took place it could work with the local authority to support the resident to live independently.
10. When the resident approached us, he said that the outcome he sought was for the pavers to be level and for the landlord to respond to his communication.

Assessment and findings

The landlord’s handling of a repair to the resident’s paving stones and patio

11. The tenancy agreement records that the landlord has an obligation to keep in good repair the structure and exterior of the home, including pathways, steps or other means of access provided by the landlord.
12. The landlord’s repair policy says that it will undertake planned improvements and cyclical maintenance programmes arising out of surveys of its properties. The landlord’s website refers to planned works being completed within 90 days.
13. The landlord has recorded the work to the pavers as planned works. The repair was raised on 3 August 2023 and completed on 6 October 2023. Given there were no immediate risks identified in August 2023, it was appropriate for the landlord to classify the repair as a planned repair/works. The repair was completed in 64 days, and this was in line with the landlords planned works service standard timeframe of 90 days.
14. At stage 1 of the complaints process the landlord’s maintenance manager deemed the condition of the pavers to be of acceptable standard and there were no trip hazards in the area. It justified its decision to not uphold the complaint by evidence. This evidence consisted of photographs of the work done in October 2023, the bricklayers opinion, and an assessment for trip hazards. It was reasonable for the landlord to rely on this evidence in making its decision.
15. From the evidence we have seen, the landlord took appropriate action to ensure the pavers and surrounding area were safe and free from trip hazards. It was appropriate for the landlord to engage a surveyor on 2 November 2023 in response to the residents escalation, and rely on their professional opinion as to the condition of the pavers. It was also reasonable for the landlord in its stage 2 response and in correspondence to allow the resident an opportunity to present any new evidence to support his case. This shows the landlord was acting fairly and with an open mind towards the situation.
16. Furthermore, given the resident’s vulnerabilities, the landlord recommended the resident consult with the local authority to seek assistance in considering any aids or supports to allow him to safely navigate the property. It also said it would work with the local authority after an assessment took place to support the resident to live independently. This advice appropriately recognised the resident’s vulnerabilities and potential risk of injury to him. This was appropriate customer service and demonstrated empathy towards the resident. Additionally, this advice was in line with the landlord’s repair policy, which says where possible it should co-operate with the relevant organisations to provide adaptations that meet residents’ needs.
17. The landlord took appropriate action to ensure the pavers were safe and the repairs were completed. It provided evidence to us to show that it had investigated the situation further to ensure appropriate steps had taken place and it had taken an informed decision. It also effectively explained its decision making to the resident, and proactively advised the resident on suitable next steps relevant to his need to make his patio safer. Therefore these actions were reasonable in the circumstances, and there was no failure in the landlord’s handling of repairs to the resident’s paving stones and patio.

Determination

18. In accordance with paragraph 52 of the Scheme, there was no maladministration by the landlord in its handling of the repairs to the resident’s paving stones and patio.