Rochdale Boroughwide Housing Limited (202323080)

REPORT

COMPLAINT 202323080

Rochdale Boroughwide Housing Limited

29 April 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 the resident’s request for:
1. A radiator to be to be installed in her porch.
2. Fencing to the back and side of the garden.
We have also considered the landlord’s handling of the associated complaints.

Background

The resident has a non-shorthold assured tenancy with the landlord, a housing association, which started in October 2021. The property is described as a 2-bedroom house. The landlord does not have any vulnerabilities recorded for the household members.
The resident complained around 9 March 2023 that the landlord had delayed:
1. Fencing around the property for more than a year.
2. Installing a radiator in the porch (which she requested in October 2022) to address the cold conditions.
The landlord responded to the complaint on 20 March 2023. It advised the resident that the fence would be installed once the garden had been cleared of overgrown shrubs. Regarding the radiator it said this is not a habitable room so a radiator would not be provided. It apologised for previously advising her that it would be installed.
Around 22 March 2023 the resident asked the landlord to escalate her complaint to stage 2. She said:
1. The fence should have been installed when she moved into the property.
2. The porch was too cold, as there was no door separating it from other areas in the property, which made it unaffordable to keep the house warm.
The landlord responded to the stage 2 complaint on 28 April 2023 and apologised that she had to make a formal complaint to be heard. It said:
1. It had agreed to install a radiator within the porch.
2. A visit had taken place to assess the garden works needed to enable fencing works.

Events after the landlord’s complaints process was completed

The landlord carried out the following actions:
1. Updated the resident on 26 May and 2 June 2023 about the works.
2. Noted on 15 June 2023 that works to install the radiator had been abandoned.
3. Advised the resident on 16 June 2023 that it may take several weeks for the fencing to be done.
4. Advised us that the fencing was completed on 11 September 2023.
The resident advised us on 5 October 2023 that the radiator had not been installed.
As part of its stage 2 response (dated 12 September 2024) to another complaint raised by the resident, the landlord acknowledged the radiator had not been installed. The landlord apologised for the service failure and assured the resident that works were underway to resolve this. It also offered £50 for the inconvenience caused.

Assessment and findings

Scope of investigation

The Ombudsman notes the resident has raised additional concerns about planned works to refurbish the porch and works to install a dividing fence in the garden to make it safe. These are new matters raised after the complaints process had been exhausted in April 2023. The evidence indicates the landlord had since addressed these matters formally through its complaints process on 12 September 2024.
However, we are unable to include it in our current investigation due to the time lapsed between the two complaint investigations. We have advised the resident this can be addressed as a separate case if she wishes to pursue the matter.

The landlord’s handling of the resident’s request for a radiator to be to be fitted in her porch

The landlord’s repairs policy states that:
1. It aims to complete repairs and improvements right first time and to keep customers fully informed about the status of their repairs, whilst ensuring it is fully compliant with all legislative and regulatory requirements.
2. All homes should provide a safe and healthy environment, to ensure this is achieved it will carry out the necessary planned preventative maintenance and repair work.
3. It would aim to carry out some non-urgent repairs within 90 calendar days.
4. Customer feedback will be used to actively manage the performance of the repairs service and improve the services provided.
We have seen from the evidence that the landlord identified areas of service failure in its response to the resident. It acknowledged in its stage 1 response on 20 March 2023 that it gave misleading advice, when it advised her that a radiator would be installed in the porch. It apologised to the resident for the inconvenience due to its actions. This was reasonable.
While it was reasonable that the landlord explained it would not usually install a radiator in a room that is not habitable, it failed to take the resident’s circumstances into account. She said the porch was very cold and draughty and she could not afford to keep the property warm due to the increased cost of heating. Although its website encourages residents to get in touch for assistance, the landlord did not offer advice on energy saving or schemes that could assist her in keeping her home warm.
The landlord reconsidered its position on the matter and learned from its error. It advised the resident in its stage 2 response (on 28 April 2023) that it was reasonable for her to expect some central heating in the porch, as it was open to the home. The landlord also assured her that it had agreed the works and would update her once it had a start date. The evidence suggests insulation works were carried out to the porch, in preparation for the installation of the radiator. This was appropriate.
Despite the promises and assurances made, the works to install the radiator were cancelled around August 2023 with no update provided to the resident. The resident informed us on 5 October 2023 (5 months after the stage 2 response) that the radiator had not been installed, and the property remained very cold, the porch damp and mouldy. This was far outside the 90 calendar days stated in its repairs policy. Failure to provide a clear explanation for the delays caused the resident further distress and inconvenience.
The evidence indicates the resident had to raise another complaint regarding the installation of the radiator. The landlord apologised in a further complaint response provided on 12 September 2024 for the delay and poor communication with the resident. It explained that the repair was cancelled in error and assured her that works were underway to ensure it was installed without further delay. This demonstrates some learning, though it was late in the process.
The landlord offered £50 in recognition of the inconvenience to the resident. The Ombudsman acknowledges the steps taken by the landlord to put things right. However, its offer of redress does not put the resident in the position she would have been had the service failure not occurred. This is because:
1. The resident explained in previous correspondence to the landlord, that the property was very cold, draughty, and unaffordable to keep it warm for her young child.
2. The resident experienced further delays, time and trouble and inconvenience after its assurances (in April 2023) for approximately 17 months.
3. The landlord has not clearly set out how it reached the amount offered in compensation and that this took account of the above.
4. The landlord has not demonstrated steps taken to improve its service and prevent a reoccurrence of the issues experienced by the resident.
For this reason, we have found maladministration in the landlord’s handling of the resident’s installation of the radiator in her porch. To resolve this, we have awarded an additional amount of £300 for the distress, inconvenience and time and trouble to the resident.

The landlord’s handling of the resident’s request for fencing to the back and side of the garden.

The resident complained around 8 March 2023 that she had been waiting more than a year for the landlord to replace fencing to the right and back of the property. From our review of the evidence, the specific date the resident requested the repair is not stated. However, the landlord acknowledged in its stage 1 response (on 20 March 2023) that the works were delayed, and it apologised for the inconvenience. It explained that overgrown shrubs needed to be cleared before this work could be done. This was reasonable.
The landlord’s stage 2 response dated 28 April 2023 suggests a visit was carried out to assess the garden works required to enable the fencing works. The landlord also kept the resident updated and managed her expectations regarding the works. It contacted the resident in May and June 2023 and discussed planned treatments to the overgrown plants in the garden. It also advised her that it may take several weeks for the works to start. The works were later completed on 11 September 2023.
Overall, it is not disputed that the resident experienced some delays in relation to the works to repair her garden fence. The landlord acknowledged this throughout the complaints process and sought to put things right. Although it offered £100 as compensation in its stage 1 response, it did not clearly set out what this was in relation to, as the response addressed various other issues not included in this investigation. This was not in adherence with its compensation policy.
Due to the above, we have found service failure in the landlord’s handling of the resident’s request for a fence to be installed to the side and back of the garden. We have ordered the landlord to pay an additional amount of £50 to resolve this.

The landlord’s handling of the associated complaints

The landlord’s complaints policy (in force during the complaints period) states that it will aim to respond to:
1. Stage 1 complaints within 10 working days.
2. Stage 2 complaints within 15 working days.
The resident raised the stage 1 complaint around 8 March 2023. The landlord acknowledged the complaint on 9 March 2023 in accordance with its complaints policy and it responded within 10 working days. This was appropriate.
The resident requested the escalation of the complaint on 22 March 2023. The landlord acknowledged the complaint on 23 March 2023 and advised that it would aim to respond by 17 April 2023. The landlord followed its complaints policy and requested additional time to respond to the complaint. It advised the resident that it would aim to respond by 2 May 2023, and responded on 28 April 2023.
Although the landlord managed the resident’s expectations, it failed to apologise for the inconvenience caused due to the delay in its stage 2 response. An apology would have been appropriate under the circumstances, as the response took approximately 25 working days as opposed to the 15 workings days stated in its complaints policy.
Our complaint handling code advises landlords to ensure that any remedy proposed is followed through to completion. We have seen that the landlord did not closely monitor some of the actions agreed at stage 2 of the complaints process. This led to significant delays in resolving outstanding repairs. It failed to use its complaints process to resolve matters at the earliest opportunity, which meant the resident had to wait approximately 17 months for the radiator to be installed.
Due to the above we have found service failure in the landlord’s handling of the associated complaints. An order has been made to address this.
The landlord has since updated its complaints policy to reflect the response times published in our complaints handling code.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s request for a radiator to be installed in her porch.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s request for a fence to be installed to the side and rear of the garden.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the associated complaints.

Orders and recommendations

Order

Within 4 weeks of the date of this report the landlord is ordered to:
1. Apologise in writing to the resident for the failures identified in this report.
2. Pay the resident a total amount of £600 broken down as:
  1. £350 (inclusive of the £50 offered on 12 September 2024) for the distress, time and trouble and inconvenience due to its handling of the request for a radiator.
  2. £150 (inclusive of the £100 offered on 20 March 2023 in its stage 1 response) for the inconvenience caused due to its handling of fencing works to the garden.
  3. £100 for the inconvenience due to its handling of the associated complaints.
3. Any compensation awarded should be paid directly to the resident.
4. The landlord acknowledged there were delays in completing works to install a radiator in the porch. It should:
  1. Confirm whether these works have now been completed. If works remain outstanding it should provide a timescale for this to be completed and advise the resident in writing.
  2. Set out any learning from its handling of the case and measures it would put in place to improve its services.
5. Provide evidence of compliance with the above orders.