Richmond Housing Partnership Limited (202317372)

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REPORT

COMPLAINT 202317372

Richmond Housing Partnership Limited

27 January 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 about:
    1. Graffiti outside a neighbouring property.
    2. Faulty external lighting in the building.
  2. This service has also considered the landlord’s complaint handling.

Background and summary of events

  1. The resident is a leaseholder of the landlord. The property is a flat, and the lease agreement commenced on 31 October 1988.
  2. On 10 August 2022, the resident raised a report to the landlord about graffiti outside the property.
  3. The resident made a further report to the landlord during 2022 about a broken exterior light at the back of the property in the communal area. He informed the landlord that the lack of lighting at night resulted in areas being pitch black and it being an unsafe environment.
  4. During December 2022 the resident raised a formal complaint to the landlord about its handling of his reports concerning graffiti and communal lighting. The resident was unhappy that his reports remained unresolved.
  5. The landlord issued its stage one response on 20 January 2023, stating that the complaint was raised on 4 January 2023. It acknowledged the resident’s reports about outstanding communal repairs and apologised for the inconvenience. Regarding the communal light, it explained this had been attended to by its operatives three times in December 2022, however it was unable to make a repair. It informed the resident that a further appointment had been scheduled for 26 January 2023. The landlord also informed the resident the graffiti had been attended to several times, to wash it off. In recognition of poor service, delays and not providing regular updates the landlord offered the resident £25. It offered a further £25 for trouble and upset.
  6. The resident expressed dissatisfaction with the level of compensation, however the landlord explained the amount was reasonable based on the impact on him.
  7. During February 2023, the resident further chased the landlord as the repairs were still outstanding. He also stated that, due to there being no lighting, this was encouraging people to congregate in these areas at night to smoke and drink behind the flats. The landlord apologised, stating it had removed and cleared the graffiti off, however it believed more graffiti had appeared. It also informed the resident that an operative had attended that month and attempted to fix the lights, but this was unsuccessful. The landlord contacted its contractors to investigate this further, and operatives attended to carry out works during February and April 2023.
  8. On 20 April 2023, the resident contacted the landlord to further complain about the issues. He reiterated the graffiti was still there and the light had not been fixed. He was concerned about the dangers and felt the landlord was ignoring his concerns and the hazards.
  9. During May the landlord arranged for a caretaker to clean the graffiti off the wall. Several attempts were required, and this was reported as being completed on 19 May 2023.
  10. On 27 June 2023, the landlord issued its stage two response. It confirmed the lights in the communal area had been repaired. It also stated the graffiti removal was actioned over several visits to ensure it was completely removed. The landlord upheld the complaint in part, however did not make any further offer of compensation.
  11. The resident informed the landlord he was unhappy with its responses and did not feel the complaint was resolved. He provided images to the landlord showing that the lights still did not work and parts of the graffiti remained.
  12. Throughout July to September 2023, the issues with the lights were ongoing, and there was correspondence between the resident and landlord chasing an update and repairs. The landlord proceeded to write to all residents on 22 September 2023 to inform them that it was refurbishing the lights in October 2023. This work was completed in October 2023.
  13. The resident has recently confirmed that, since the landlord hired new maintenance contractors, matters have improved and they are more responsive.

Assessment and findings

The resident’s reports about graffiti outside a neighbouring property.

  1. The resident expressed upset over the length of time it took for the landlord to remove the graffiti on the neighbouring property. We understand the resident reported this to the landlord and chased several times before it was removed completely.
  2. We recognise the distress this caused the resident, especially as he raised concerns about paying for maintenance fees and not receiving the service expected.
  3. The landlord’s Maintaining and Improving Neighbourhoods policy states it will:
    1. Deliver quality services to keep communal and external areas clean, safe and in a good state of repair.
    2. Carry out regular and scheduled estate inspections to inspect and maintain a regular and visible presence on its estates.
    3. Remove offensive graffiti as soon as possible.
  4. The evidence shows the resident first reported his concerns about graffiti on 10 August 2022. He proceeded to contact the landlord on several occasions throughout 2022. This led to his complaint as the removal had still not been completed by December 2022.
  5. The records show that on 19 January 2023 the landlord stated that the area had been cleaned on multiple occasions by the caretaker. It was noted on 3 March 2023 that something stronger was needed to completely remove the graffiti. The landlord made a further attempt to remove the graffiti, but it did not work. Therefore, it proceeded to order graffiti cleaner again on 28 April 2023, which was delivered on 9 May 2023. After several attempts the landlord states the removal was completed on 19 May 2023.
  6. The landlord’s repairs policy does not states timeframe for communal repairs. The policy state it is responsible for delivering quality services to keep communal and external areas clean and safe and in a good state of repair.
  7. This service recognises the removal of graffiti required several attempts and the sourcing of alternative materials. It is clear the resident was frequently in touch, having to chase the landlord for an update on the removal of graffiti. The landlord states the caretaker was attending weekly to remove the graffiti and says it was completed during May 2023. However It is clear the resident remained unsatisfied with the removal as he continued to express upset over the condition of the wall after May 2023. We have reviewed images provided during October 2023 of the area in question and agree the graffiti was not completely removed. Whilst we recognise the landlord’s attempted removal, stains remained on the area.
  8. The records show that during October 2023 refurbishment works were due to take place, and the landlord asked if this area would be included within the works, however it is unclear if this occurred. It is however confirmed during an inspection in April 2024 that there was no graffiti present on the property. The resident also confirmed the issue was resolved.
  9. In the Ombudsman’s opinion the length of time takes to resolve the matter is unreasonable and outside of the landlord’s expected timeframes. Whilst we recognise several attempts were made, it is unclear as to why it took this long to remove the graffiti. We understand the landlord states that graffiti was a reoccurring issue on the estate, however it is clear the graffiti the resident reported was not resolved in a timely manner. We acknowledge the landlord has offered compensation for communal repairs; however, the offer does not specify how much is allocated to each individual repair. As a result, It is unclear how the amount was determined. In our view, the total compensation offered does not appear to be to failings identified. Therefore, this service has considered the landlord’s compensation policy and will make an order to reflect the level of inconvenience caused to the resident.
  10. The landlord has stated its estate service team was aware of issues concerning graffiti and will ensure it checks the areas on weekly walks and inspection. This is a positive approach to take to maintain the communal areas and remove any graffiti as and when it arises.

The resident’s reports about faulty external lighting in the building.

  1. In accordance with the landlord’s repairs policy, it is responsible for the communal areas. Therefore, when the resident raised a report about lights not working within the communal area, it was the landlord’s obligation to address the matter.
  2. The resident has expressed upset with the length of time it had taken the landlord to attend to the communal lights. He had to chase the landlord on several occasions.
  3. In accordance with the landlord’s repairs policy, it is expected to respond to reports of this nature within 10 working days.
  4. In its stage one response the landlord stated it attended 3 times in December 2022 to fix the communal lights but was unsuccessful. It confirmed that a further appointment was scheduled in January 2023.
  5. Reviewing the landlord’s repair records, during March 2022 it was noted that some lights were not working on the block and works had been scheduled to repair. In September 2022, the issue remained, and the operative’s notes stated that lights on the block were in a bad condition and there was no emergency lighting. It also said that works had started but were never completed.
  6. We can see that, from September 2022, repairs were attempted on seven occasions. The evidence shows the operative was able to repair some lights, however some remained unrepaired. Operatives also attended in February and April 2023, however it is unclear what works were carried out.
  7. We understand the resident continued to chase repairs to the communal lighting throughout 2023. Subsequently, on 22 September 2023, the landlord wrote to all its residents to inform them that it would be fitting a new communal lighting system on the block in October 2023.
  8. This service acknowledges the landlord attempted on several occasions to have the lights repaired. Despite these efforts, it is evident that the attempts were unsuccessful in resolving the issue. The landlord was unable to resolve the issue within a reasonable timeframe, which contributed to ongoing distress and inconvenience to the resident.
  9. The Ombudsman agrees it was appropriate for the landlord to seek a permanent solution to fix the lights by updating the whole lighting system in October 2023. However the length of time taken to resolve the issue was unreasonable.
  10. Overall, there were failings in how the landlord handled the resident’s reports. The evidence shows there have been several delays, resulting in the resident having to chase the landlord for updates and being concerned about safety. Therefore, it was appropriate for the landlord to consider its compensation policy, when responding to the complaint.
  11. The landlord’s compensation policy states that in instances where its service failures create distress to residents it may offer compensation from £50 to £100. In this instance, in its stage one response on 20 January 2023, the landlord offered the resident a total of £50 in recognition of poor service, trouble and upset. It is unclear how the landlord apportioned the compensation as this amount was an overall amount to reflect its service failures.
  12. We understand the landlord considered the amount offered was reflective of the impact caused to the resident at the time. However, as the issues remained unresolved past the date of offer, and it is clear the resident was still chasing updates in October 2023, the landlord did not fully use its complaints procedure to ensure that matters were put right. The Ombudsman has therefore found service failure and made an order for compensation.

The landlord’s complaint handling.

  1. The landlord’s complaints policy states it will investigate and respond to a complaint within 10 working days. In the event response times are extended the resident will be notified and will be updated on how the complaint is progressing. Residents are expected to appeal within 10 working days of receiving their stage one response and the landlord will provide a stage two response within 20 working days.
  2. The evidence shows the resident raised a formal complaint on 4 January 2023 and the landlord provided him with a response on 20 January 2023, apologising for the delay. The resident’s complaint was escalated on 20 April 2023 and the landlord issued its stage two response on 27 June 2023, further apologising for the delay whilst investigating the complaint. Throughout this period, we can see the resident expressed upset with the length of time it was taking the landlord to resolve the complaint.
  3. Whilst we acknowledge the landlord apologised for the delay, the length of time to issue the final response was considerably longer than we would expect. During this time, the resident chased for a response which caused further inconvenience and distress to him. There was therefore service failure in the landlord’s overall complaint handling.
  4. The Ombudsman has therefore made an order for the landlord to pay £50 compensation in recognition of the failings in its complaint handling. This reflects the inconvenience, stress, and impact of the incidents the resident experienced as a result of waiting for the landlord to complete its internal complaints procedure.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s response to the resident’s reports of graffiti outside the neighbouring property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s response to the resident’s reports of faulty external lighting in the building.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s complaint handling.

Orders and recommendations

Orders.

  1. If not done so already, the landlord to compensate the resident £50 compensation offered in its formal response.
  2. The landlord to pay the resident a further £50 compensation regarding its handling of his reports of graffiti outside the neighbouring property.
  3. The landlord to pay the resident a further £100 compensation regarding its handling of his reports of faulty external lighting in the building.
  4. The landlord to pay the resident a further £50 compensation for its complaint handling failure.
  5. The above amounts should be paid within four weeks of the date of this letter and the landlord should provide evidence of compliance to this service.