Chisel Limited (202227881)

REPORT

COMPLAINT 202227881

Chisel Limited

23 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

The complaint is about the landlord’s handling of repairs to the:
1. Boiler.
2. Kitchen, bathroom and garden.
We have also investigated the landlord’s handling of the associated complaints.

Background

The resident has an assured tenancy with the landlord, a housing association, which started in January 2020. The property is described as a 3-bedroom house with a garden. The landlord noted the resident’s son has attention deficit hyperactivity disorder (ADHD).
The resident and landlord communicated on 4 October 2022 about her request for the kitchen renewal. She said it was becoming a health and safety concern. The landlord advised her to send pictures of the current state of the kitchen as it was in the process of compiling a list of properties for planned maintenance.
On 5 January 2023 the resident requested an update following the inspection conducted in October 2022. She said all efforts to contact the landlord had proven unsuccessful.
The resident complained to the landlord on 13 January 2023 about the repairs in the property. The landlord responded on 20 March 2023 and apologised for the delay in carrying out the works. It assured her that a survey would be carried out by a qualified property surveyor and an action plan for any outstanding works would be shared with her. It offered £200 for the distress and inconvenience caused (£50 for complaint handling and £150 for the repairs).
The landlord conducted the survey around 30 March 2023 as agreed. The survey report recommended that:
1. The boiler should be replaced.
2. The kitchen was beyond economical repair and a replacement would be best practice, along with new flooring.
3. Works should be carried out to renew the shelf, worksurface and holes in walls in the bathroom.
4. The large concrete slab in the garden should be removed urgently as it was causing a health and safety risk.
The resident reported concerns about the boiler on 6 April 2023. She said an engineer attended on 3 April 2023 when the problem occurred but she was not provided with means of temporary heating until she requested it.
The resident raised a stage 2 complaint on 5 June 2023. She said this was because the landlord had ignored her and not carried out the works.
The landlord contacted us on 31 October 2023 and advised that it had planned for its contractor to visit the property and provide quotes for the works needed. It said the resident had also been updated.
The landlord responded to the stage 2 complaint on 17 November 2023. It acknowledged it did not make good on the promises made to the resident on 20 March 2023. It assured her that it would keep in regular contact and ensure that the outstanding works were completed. It also offered £750 as compensation broken down as:
1. Original compensation – £200
2. Contribution towards cost of decking removal – £350
3. Delay in responding to boiler repairs – £100

Events after the complaints process was exhausted

During our telephone conversation on 13 May 2025 the resident advised us that the:
1. Boiler was replaced around 13 and 14 April 2023.
2. Kitchen and bathroom were renewed in January 2024.
3. Garden remains a safety hazard, especially for her son, who has vulnerabilities, as the landlord had not carried out works previously agreed.

Assessment and findings

Scope of investigation

The Ombudsman notes the resident’s concern that the repairs had been outstanding since 2020. We have not seen evidence that this was raised as a formal complaint until January 2023. Therefore, we are not able to consider the events that occurred in 2020 due to the time that has passed.
We have noted that the landlord offered £350 to the resident (in its stage 2 response), as contribution towards the cost of the removal of the decking in her garden. We have not considered this as part of our assessment, because it has not clearly explained the reason for the offer and if this was part of a settlement for another complaint.

Jurisdiction

Paragraph 42.a. of our scheme states that we may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
The resident expressed dissatisfaction on 6 April 2023 with the landlord’s handling of repairs to her boiler. We have not seen evidence of its response to this matter or the resident’s request for an escalation of the issue through the landlord’s complaints process. For this reason, the landlord’s handling of repairs to the boiler is outside of our jurisdiction.
Although the landlord offered £100 as redress for its communication regarding the issue (as part of its stage 2 response), we have not included this as part of our investigation.

The landlord’s handling of repairs to the kitchen, bathroom and garden.

The tenant handbook states that:
1. The landlord will keep in repair and working order the structure and exterior of the property.
2. It will aim to complete routine repairs not classed as emergencies or urgent that do not cause immediate discomfort to the tenant or damage the property within 3 months.
It is a fundamental part of providing a good repairs service to keep an accurate record of repairs. This should include dates repairs were requested, clear details of the works required, dates for appointments and works completed. The records provided by the landlord do not fully account for the events that occurred in this case. Failure to keep accurate records of repairs would have been a contributing factor to the poor service experienced by the resident. For example:
1. The repair records do not provide a full history of repairs reported by the resident in the months leading to the formal complaint on 13 January 2023.
2. She said a survey was conducted in October 2022 for a report on all the issues she had raised, but this was not provided by the landlord.
3. The repairs log provided by the landlord do not include the resident’s request for repairs to the boiler, kitchen, bathroom or garden relevant to the complaint period.
The poor records have impacted our investigation as we have not been able to determine the events that occurred before the resident raised the formal complaint. This is not appropriate.
While the landlord has not provided sufficient records of the history of the case, the resident provided evidence showing she contacted the landlord on 5 January 2023 for an update on the survey carried out in October 2023.
The landlord responded through its stage 1 response on 20 March 2023 that:
1. Following its investigation it had identified the following internal service failings:
  1. Poorly maintained records of the outstanding repairs.
  2. A lack of communication with the resident to confirm the category of the repairs and any actions which would be taken to address them.
2. To resolve the issue an inspection would be undertaken by a surveyor and an update would be provided on the next steps including the timescales for completion of any outstanding works.
The landlord’s response demonstrates some learning from its mistakes and a commitment to put things right for the resident. We have seen from the evidence, that it carried out a survey on 30 March 2023 as agreed. The survey identified that:
1. The kitchen was in a state of disrepair and should be refurbished because:
  1. There were various damaged units.
  2. The resident had no safe space to move hot pans, as there was a large space between her cooker and the nearest unit.
  3. The cooker spur was in an unsafe position due to the removal of a base unit.
  4. The kitchen floor was also very uneven and would require a replacement.
2. Decorative works were needed to the bathroom.
3. The garden was uneven and a safety concern.
Despite the promises made by the landlord, it failed to provide an update to the resident following the completion of the survey. She expressed disappointment with its poor communication in her emails on 6 April and 24 April 2023. This would have caused the resident some distress, frustration and uncertainty.
The repairs team sent a message to the resident on 12 June 2023 advising her to contact its contractors to book an appointment for the bathroom works by 21 May 2023. This would have been confusing and frustrating for the resident, as the date given for the completion of the appointment was in the past.
The repairs team also sent a message on 27 October 2023 that a repair had been ordered for the removal of a concrete slab in her garden. It assured her that its contractor would contact her to arrange an appointment. While this would have provided some assurance that some progress was being made, we have not seen evidence of the action plan and timescales promised.
There was an unexplained delay of 7 months after the survey (30 March 2023), far outside the published timescales (3 months) for completing routine repairs (long term). During this period the landlord missed various opportunities to update the resident on its plans to carry out the outstanding works. This is not appropriate. If the landlord was experiencing any difficulties, it should have advised the resident to manage her expectations.
The landlord advised us on 31 October 2023 that it had contacted the resident and arranged for its contractor to visit the property and provide quotes for the works needed. It said once these were received and reviewed, it would discuss the extent of the works and the timeframe for completion. The evidence indicates this visit was completed on 16 November 2023. Though late in the process, this demonstrates some learning on the landlord’s part.
We have seen evidence of further learning by the landlord in its stage 2 response where:
1. It acknowledged the poor communication following the survey in March 2023 and the frustration this would have caused the resident.
2. It advised that works had been agreed to renew the kitchen, but there might be a delay whilst contractors purchased and prepared the necessary material.
3. It said the bathroom was outdated and agreed to renew it.
4. It agreed to carry out works to the garden to remove the trip hazard.
In addition to the £150 offered to the resident in its stage 1 response, the landlord offered £100 for the extended delays experienced. The failures identified in the landlord’s management of repair records, communication and overall delays amount to maladministration. We recognise that the landlord has taken steps to put things right in accordance with its compensation policy.
However, the survey completed in March 2023 identified safety issues with the kitchen and garden. It took a further 7 months for the landlord to agree these works, causing the resident distress, frustration, time and trouble and inconvenience. While the £250 offered by the landlord aligns with our remedies guidance for service failures that have adversely affected a resident, it falls at the lower end of the amount recommended for redress (between £100 and £600).
Also, the resident advised us that the works to the kitchen and bathroom were completed in January 2024 but the landlord had stopped communicating regarding the works to the garden. She said her son, who has ADHD, is unable to use the garden due to the safety issue which remains unresolved. She said this is not convenient, as she is unable to use the garden when the weather is nice. This shows that the landlord failed to commit to actions agreed with the resident.
Due to the above we have found maladministration. We have ordered the landlord to pay an additional £300 for the following reasons:
1. Though it acknowledged and apologised for its handling of the repairs, it has not set out any learning and improvement plans for its services.
2. It did not follow up works agreed to the garden, which the resident said had impacted her household’s enjoyment of the garden.
3. The level of compensation awarded for the delay was not proportionate to the inconvenience caused.

The associated complaints

The landlord complaints policy (effective 2019) had 3 stages:
1. The first fix stage where it aimed to resolve the complaint within 3 working days.
2. If the complaint cannot be resolved within 3 working days, it will be treated as a formal complaint, contact the resident within 5 days to clarify the issues, identify the desired outcome and agree a timescale for the response. It will then investigate the complaint and provide an outcome letter within the timescale agreed.
3. If the resident feels the landlord has not dealt with their complaint satisfactorily, they can ask for a panel review. On receipt of a request to escalate a complaint to stage 2, a complaints panel will be convened within 21 days of receipt of the request.
4. The panel will provide their decision in writing to the client and the managing director within 10 working days of the panel meeting.
5. It will ensure any actions agreed are followed up and carried out.
The resident raised the formal complaint on 13 January 2023, yet the landlord did not respond to the complaint until 20 March 2023. This was approximately 46 working days later.
There were also significant delays in its stage 2 response. The resident raised the complaint on 5 June 2023 and the landlord responded on 17 November 2023. This was approximately 5 months later.
It is noted that the landlord’s complaints policy did not include timeframes for responding to stage 1 complaints, but we have not seen evidence that it agreed a response date as set out in its policy. Also, our complaints handling code (April 2022) set out that stage 1 and 2 complaints should be responded to within 10 working days and 20 working days respectively.
These delays were unacceptable, and it took intervention from this service for the landlord to respond to the complaints. This caused inconvenience for the resident and prolonged the complaints process. The resident also incurred time and trouble in chasing up the landlord and in contacting us for assistance. This was not appropriate.
The landlord acknowledged in the complaint responses that things had gone wrong. It apologised for the delay in responding to the complaints, and offered £50 for the overall failures. While it offered additional compensation for the boiler and garden issue, it failed to provide a detailed explanation for its decision. This is not in line with the code which stated that landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
Also, the landlord did not monitor the actions agreed at stage 1, which caused unnecessary delays for the resident. While it demonstrated some learning and followed up works to the kitchen and bathroom, the resident said it failed to address the works to the garden. It did not adhere to its promise to ensure all actions agreed are followed up and carried out.
The landlord advised us on 20 March 2023 and 12 October 2023 of the difficulties it was facing. It said it was experiencing exceptional challenges including significant staff changes and shortages. However, it did not set out its plans to improve its services. Due to the failures identified we have found maladministration in the landlord’s handling of the associated complaint. We have awarded £200 as compensation in addition to the £50 offered by the landlord in its stage 1 response.
The landlord has updated its complaints policy on its website and reduced the complaints handling process to 2 stages. The policy states it will aim to respond to stage 2 complaints within 28 working days which does not align with the timescales set out in our complaints handling code. This has been referred to our duty to monitor team.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, the landlord’s handling of the repairs to the boiler is outside of our jurisdiction.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of repairs to the kitchen, bathroom, and garden.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the associated complaints.

Orders and recommendations

Orders

Within 4 weeks of the date of this report the landlord is ordered to:
1. Apologise to the resident for the failures identified in this report.
2. Pay the resident the amount of £800 (this includes the £300 offered on 17 November 2023) broken down as:
  1. £550 for the distress and inconvenience for its handling of the repairs.
  2. £250 for the inconvenience and time and trouble for its handling of the complaints.
  3. The landlord can deduct any payments already paid to the resident from the amount awarded.
3. Any compensation awarded should be paid directly to the resident.
4. The landlord should contact the resident to follow up any outstanding actions regarding the garden works. It should confirm this in writing, including expected timescales for the works. A copy must be provided to us.
The landlord should carry out the following orders within 12 weeks of the date of this report:
1. Following its acknowledgement of failings in its record keeping and communication in its handling of the repairs, the landlord should set out any learning and improvement plans to its:
  1. Record keeping.
  2. Complaints handling with a view to providing timely responses and in adhering to any actions agreed.
  3. Repairs service.
2. A copy should be provided to this service.