Clarion Housing Association Limited (202339137)

Background

1. The resident lives in a 2-bedroom maisonette over the 4th and 5th floor. The resident has held a leasehold on the property since 2019. The resident complained to the landlord about repairs to her home and communal areas.

What the complaint is about

2. The complaint is about the landlord’s handling of;
   1. the resident’s reports of various repairs required to the property
   2. the associated complaint

Our decision (determination)

3. We have found service failure in relation to the landlord’s handling of the resident’s reports of various repairs required to the property.
4. We have found reasonable redress in relation to the landlord’s handling of the associated complaint.

We have made orders for the landlord to put things right.

Summary of reasons

5. The landlord was aware of the resident’s concerns. The landlord investigated the resident’s complaint, and it took steps to rectify the issues. It apologised for the inconvenience and failings and offered compensation. But the issues are ongoing.
6. The landlord’s complaint handling was delayed and not in line with the Ombudsman’s Complaint Handling Code. But it acknowledged the delays, apologised and offered compensation.

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.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our investigation

The complaint procedure

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.

7. On 20 April 2023, the resident called the landlord. She wanted to discuss her ongoing complaint. The landlord informed the resident there were no historical or ongoing complaints. The landlord also informed the resident that it could not see any history of her reporting a repair about her balcony doors.
8. In her stage 1 complaint, the resident also told the landlord of other repairs relating to her windows and guttering. She also told the landlord she had changed her preferred contact method which had not been actioned and had not received contact from the landlord despite being told she would be.
9. But the landlord’s records show the resident did previously report issues with the balcony doors, communal repairs, and a window in her home. She did this between May 2021 and January 2023. This is unreasonable in the circumstances.
10. On 15 June 2023 in its stage 1 complaint response the landlord said it:
    1. found significant evidence of the resident contacting the landlord about repairs
    2. had raised jobs for the repair issues the resident had reported and it provided actual or planned completion dates
    3. had fitted new windowsills in the resident’s flat and a mould treatment had been arranged
    4. had updated the resident’s preferred contact method
    5. apologised and offered £200 compensation. This was broken down as:
       1. £150 for inconvenience, resident having to chase the issue and for not changing the preferred contact method.
       2. £50 for the complaint response being outside of its timescales
11. Most initial repairs (balcony doors, windows, and rear communal door) were completed within 28 days of being raised and this was in line with the landlord’s policy. The front communal door closer was scheduled beyond 28 days but this was identified by the landlord when attending the rear communal door and this was reasonable in the circumstances.
12. On 8 October 2024, the resident told this Service that she had tried to escalate her complaint to stage 2 verbally with the landlord. This Service asked the landlord to escalate the complaint. We have not seen evidence that the resident did or did not escalate her complaint.
13. On 8 November 2024, the landlord said it required more time to respond to the complaint to ensure a full and comprehensive response as additional enquiries had to be made.
14. On 15 November 2024, the landlord issued its Stage 2 complaint response, providing an update on actions taken and acknowledging service failures. It reported that:
    1. further communication occurred with the resident, and inspections were carried out on her home and communal areas
    2. no outstanding roofing issues were identified
    3. the landlord addressed ventilation concerns and advised on managing condensation, damp, and mould during colder months
    4. failures were acknowledged in progressing incomplete works to the resident’s home and in communicating about communal repairs
15. It also said it had raised a “post action resolution” task for the Area Manager to ensure that all outstanding issues were completed.
16. The landlord apologised for its failings, re-offered the compensation made at stage 1. It made a further offer of compensation of £300 to recognise its service failures and inconvenience and £50 for delays.
17. The landlord acted reasonably up to the Stage 2 response, acknowledging failings and offering appropriate compensation for inconvenience. However, the resident reports that some issues remain including damp and mould. We have ordered the landlord undertake a further inspection to confirm whether the same problems persist, have re-occurred or if new issues have arisen.

18. On 20 April 2023, the landlord’s records show the resident made a stage 1 complaint by telephone. The landlord told the resident there were no open complaints.
19. On 15 June 2023, the landlord issued its stage 1 complaint response. This was 37 working days after the complaint was raised, which was not in line with the Ombudsman’s Complaint Handling Code.
20. On 8 October 2024, the resident contacted this Service. She said she had raised her complaint several times by telephone. Following a request from this Service, the landlord escalated the complaint to stage 2. On 11 October 2024, the landlord acknowledged this to the resident.
21. On 8 November 2024, the landlord contacted the resident and apologised for the delay in providing a response. This was 21 working days after the acknowledgement and was not in line with the Ombudsman’s Complaint Handling Code. The landlord said it needed more time to provide a full report and aimed to resolve the complaint by 11 December 2024.
22. On 15 November 2024, the landlord issued its stage 2 complaint response.
23. The landlord acknowledged delays at both complaint stages and apologised. It offered £50 for stage 1 and £50 for stage 2. This was reasonable in the circumstances.

Learning

Knowledge information management (record keeping)

24. As mentioned in this report there were failures in the landlord’s record keeping. A landlord should have systems in place to maintain accurate records of repair reports, responses, investigations, and communications. Good record keeping is vital to evidence the action a landlord has taken, and failure to keep adequate records indicates that the landlord’s processes are not operating effectively.

Communication

25. The landlord did not respond in a timely manner to some of the resident’s communications. This could have had an impact on the landlord / resident relationship. There are opportunities for the landlord to be more proactive when receiving communication from a resident to prevent issues being missed or escalated through the complaint procedure.
26. The resident also told us she had escalated her complaint to stage 2 verbally to the landlord and this Service had to contact the landlord on the resident’s behalf. The landlord should assure itself that its staff are correctly trained to handle and record repair requests and all complaints are handled in line with The Ombudsman’s Complaint Handling Code.