Yorkshire Housing Limited (202411256)
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Decision |
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Case ID |
202411256 |
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Decision type |
Investigation |
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Landlord |
Yorkshire Housing Limited |
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Landlord type |
Housing Association |
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Occupancy |
Assured Tenancy |
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Date |
23 October 2025 |
Background
- The resident is a tenant of a 2-bedroom flat. She has a heart-related health issue. The resident complained about outstanding repairs, the landlord’s consideration of her health vulnerabilities, staff conduct, and damage to her carpet.
What the complaint is about
- The complaint is about the landlord’s handling of:
- repairs
- the resident’s reports about her health vulnerabilities.
- the resident’s concerns about staff conduct.
- the resident’s reports about the heating system.
- damage to a carpet.
- the complaint.
Our decision (determination)
- There was service failure in the landlord’s handling of repairs.
- There was no maladministration in the landlord’s handling of:
- the resident’s reports about her health vulnerabilities.
- the resident’s concerns about staff conduct.
- the resident’s reports about the heating system.
- damage to a carpet.
- There was reasonable redress in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
- Part of the repairs remain outstanding due to no access. The landlord took action in line with its access procedure. However, there was a period of inaction.
- The landlord took the resident’s concerns about her health into consideration in its planning of the repairs. It acted in line with its policies.
- The landlord investigated staff conduct concerns in line with its policies.
- The landlord provided the resident with a claim form and offered to assess the carpet for water damage which was reasonable.
- The landlord completed repairs to the heating system in line with its repair policy.
- The landlord offered compensation in line with its policy for the delayedcomplaint responses.
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.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order
The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 20 November 2025 |
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2 |
Compensation order The landlord must pay the resident £300 for the distress and inconvenience caused by its handling of repairs. This is separate to the £150 and £50 voucher offered for complaint handling. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid. |
No later than 20 November 2025 |
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3 |
Inspection order The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by an externally appointed independent surveyor with expertise to complete the type of inspection required. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date.
What the inspection must achieve The landlord must ensure that the surveyor:
The survey report must set out:
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No later than 20 November 2025 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
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Our recommendations |
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If it has not done so already, the landlord should pay the resident the £150 compensation and £50 voucher it offered during the complaints process. The Ombudsman’s finding of reasonable redress for complaint handling is based on the understanding that this compensation is to be paid. |
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The landlord to contact the resident to discuss any vulnerabilities that should be recorded for the household to ensure its records are accurate. |
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The landlord to contact the resident about her reports to us that the heating is not working and that a smell in the kitchen remains. |
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If it has not already done so, the landlord should inspect the carpet as proposed in its final response and provide the resident with the outcome of this. |
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The landlord to review recommendations in our Repairing Trust spotlight report published May 2025 and consider how it intends to rebuild its relationship with the resident. |
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The landlord to consider if it needs to include actions to rebuild trust into its no access procedure. |
Our investigation
The complaint procedure
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Date |
What happened |
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29 July 2022 |
After our July 2022 determination, the landlord contacted the resident about outstanding repairs. It confirmed to the resident that it had previously inspected the patio doors and a suspected leak had been condensation. It offered an appointment in August to complete repairs to handles and realign kitchen cupboards, to reinspect under the kitchen sink and floors in the kitchen and bathroom and inspect the windows. It raised the job with a contractor in September, who reported no access. |
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13 October 2023 |
The resident complained to the landlord about the time taken to complete repairs, damage to a carpet, and staff conduct. She wanted a plan of how the landlord would complete repairs given her health vulnerabilities. |
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30 November 2023 |
The landlord issued its stage 1 response. It said:
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1 March 2024 |
The landlord escalated the resident’s complaint following a call to her on 26 February 2024. |
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25 July 2024 |
The landlord sent its final response, in which it said:
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Referral to the Ombudsman |
The resident remained dissatisfied with the landlord’s final response and brought the complaint to us. She said repairs were outstanding. |
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.
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Complaint |
Handling of repairs |
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Finding |
Service failure |
What we did not investigate
- We cannot make a determination on matters which we have already decided upon. We determined a previous complaint from the resident about a leak and subsequent repairs in July 2022 (202117183). The landlord complied with the orders we made. This investigation will focus on the landlord’s handling on the issues raised in the resident’s complaint on 13 October 2023.
- The resident raised a further stage 1 complaint in January 2025 about a failed appointment. We have no power to investigate complaints which the landlord has not had the chance to put right first. There is no evidence the resident raised this further complaint to stage 2.
- The resident told us the situation had a detrimental impact on her health. It would be fairer, more reasonable and more effective for the resident to make a personal injury claim for any injury caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We’ve not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.
What we did investigate
- In July 2022, the landlord wrote to the resident setting out what work they would complete following our orders. The works included an inspection of the bathroom and kitchen flooring, checking the under-sink area following a resolved leak, and fixing new handles and realigning the kitchen cupboards. It confirmed it had inspected the patio doors previously for a leak and this had been condensation which was resolved. It was unclear when window issues were reported, but in August 2022, the landlord said it would inspect them also.
- The evidence shows the relationship between the resident and the landlord is fractured. Our Repairs and Maintenance – Repairing Trust spotlight report published May 2025 found that if landlords do not take steps to repair or build trust, the relationship can become even more strained. This strained relationship can result in increased tension and frustration. The issues affecting the resident and landlord include ambiguity around whether items should be repaired or replaced, no access or cancelled appointments, and the alleged conduct of employees.
- In its final response, the landlord said it had been unable to access the property for inspections. Records show multiple attempts between August 2022 and October 2023. The resident declined inspections and repairs in August and September 2022, requesting replacement of the patio doors and kitchen instead. The landlord reraised the inspection in October and attended on 21 November 2022, but the resident again refused kitchen repairs. Notes from the visit reported no leak to the patio doors, no sponginess in the floor, and no kitchen odour.
- On 29 November 2022, a contractor noted spongy kitchen and bathroom floors, a slight damp smell, and signs of water coming in round windows and the patio door. As the operative was a plumber who recommended further inspection, and given conflicting earlier reports, the landlord reasonably raised a surveyor visit the same day. This aligned with its repairs policy for complex issues. However, there were discrepancies between the assessment of the works at the visits in November which meant the work required was not clear at this stage.
- The landlord made several attempts to access the property for inspection before the complaint, including missed appointments and a cancellation by the resident in June 2023. The reasons for no access are unclear, however, the landlord followed its no access procedure, promptly rebooking when contacted. The landlord acknowledged delays in rebooking after June 2023 due to the resident’s request that local surveyors not attend. Although the reason was unclear, it complied and arranged for an alternative surveyor, who visited on 27 October 2023. Between June and July 2023, the tenancy coaching team also contacted the resident to offer support with any adjustments needed for access, in line with its procedure.
- On 21 November 2023, the resident refused a further surveyor visit. She said the landlord already knew the issues. In its final response, the landlord said it needed a further surveyor appointment in order to book in the correct repairs. This was reasonable because the resident had not provided access for a full inspection to take place on 27 October 2023 for the landlord to assess the condition of the windows.
- From December 2023 to July 2024, the resident chased repairs, but the landlord did not attempt to arrange the inspection until 22 July 2024. This delay was unreasonable given that the resident had reported the repairs were impacting on her health vulnerabilities. It did not demonstrate it had followed its no access procedure at this time. While its internal correspondence showed it had discussed referring the case to tenancy enforcement, this did not happen, nor did it propose a visit to discuss support needs during this time as set out in the procedure.
- In its final response, the landlord offered mediation to agree a way forward. This was a proactive approach by the landlord to attempt to repair its relationship with the resident and progress the repairs. The landlord should have offered this earlier.
- After the complaints process ended, the landlord continued engagement. It followed its no access procedure with letters, contact attempts, and team referrals. It inspected the kitchen for damp and mould in March 2025. This noted no damp and mould. It inspected the patio doors and windows on 28 July 2025. This noted these could be repaired, and no leak from the patio door and the flooring was dry. The resident disputes this and refused repairs, requesting replacements instead.
- The resident disagrees with repairs and wants replacements. There’s no evidence the landlord agreed to replace the windows, patio doors, or kitchen. It relied on qualified staff to decide the work needed. Under the tenancy agreement, the resident must allow access for repairs. While the landlord set expectations about repairs, it’s unclear if it shared its diagnosis or inspection reports. Doing so would have clarified next steps and explained its decisions to the resident. We have made an independent inspection order to give finality and resolve the conflicting opinions about the repairs required.
- The resident reported a front door lock issue on 4 September 2023, which was repaired on 8 August 2024. The landlord acknowledged missing its 28-day repair target and a failed appointment on 21 November 2023, offering £150 compensation. This was reasonable, as later delays were due to no access. It also accommodated the resident’s request for a specific operative.
- Overall, some of the repairs remain outstanding, but the landlord followed its policies and attempted to gain access for repairs. However, it’s unclear what steps it took to gain access between December 2023 and July 2024 which was a significant time frame. It acknowledged delays to the lock repair and offered £200 compensation, but this didn’t fully reflect the additional failings identified.
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Complaint |
Handing of the resident’s reports about her health vulnerabilities |
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Finding |
No maladministration |
- The landlord became aware of the resident’s health condition in June 2021. The resident asked that anyone attending her home for repairs wore personal protective equipment. The landlord appropriately added notes on its repairs system.
- In 2022, the landlord sought information about the resident’s health. In May 2023, it opened a tenancy coaching case after she said certain repair products affected her health. It followed its accessible services policy by trying to agree reasonable adjustments and made multiple contact attempts.
- Although the case was closed, the landlord added an alert noting the resident’s request for operatives to wear masks and appointments to be scheduled as the first of the day. This aligned with its accessible services and repairs policies, which allow reasonable adjustments based on individual needs.
- At stage 2, the landlord also requested further information from the resident about her health conditions to support her with booking repairs. This was a reasonable and proactive approach in order for it understand how best to support the resident and act in accordance with its accessible services and repairs policies. It is not clear if the resident responded to this request. As such a recommendation has been made for the landlord to contact the resident about this to ensure it has the correct details.
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Complaint |
Handing of the resident’s concerns about staff conduct |
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Finding |
No maladministration |
- In her complaint, the resident raised concerns about the conduct of a staff member in dealing with her outstanding repairs and during a visit on 27 October 2023. The landlord’s records show it investigated this with the staff member’s manager as stated in its complaint responses. This demonstrated it had taken the resident’s concerns seriously. This action was in line with its complaints policy. This says complaints about staff will be passed to the individual’s manager to investigate. The landlord did this and provided the results of its investigation to the resident. We have not seen any evidence that further action was required by the landlord.
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Complaint |
Handling of the resident’s reports about the heating system |
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Finding |
No maladministration |
What we did not investigate
- The resident made a further complaint to the landlord about the heating system and energy costs. The landlord responded at stage 2 in October 2024. This further complaint is not part of this investigation. The resident may wish to bring this complaint to us for investigation should she remain dissatisfied with its response.
What we did investigate
- It is not clear when the resident raised an issue with her heating system. In its final response, the landlord said the heating system was not due for replacement and any issues should be reported as a repair. This was reasonable given the landlord had explained the system had a 30-year lifespan and was installed in 2007. It confirmed the last repair was in May 2023. Its records showed a repair reported on 12 May 2023 was completed on 16 May 2023 in line with the timescales in its repairs policy. There is no evidence of the resident reporting any further repairs to the heating after this time.
- The resident told us that she has continued to experience issues with her heating. There is no evidence of the resident reporting any further repairs or loss of heating after the repair in May 2023. A recommendation has been made for the landlord to contact the resident about this.
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Complaint |
Handling of damage to a carpet |
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Finding |
No maladministration |
- There was no evidence of the resident raising damage to a carpet due from water leak before her complaint. It was appropriate for the landlord to provide the resident with a claim form for it to investigate given that she felt the landlord was responsible. The landlord provided this on 30 November 2023 and also offered support with completing it. This was a reasonable attempt for the landlord to gather evidence of damage in line with its compensation policy which says It will not pay compensation for damage if there is no evidence it caused it.
- Having not received a completed claim form, at stage 2 the landlord offered to complete a water test on the carpet to review if it could consider replacing it This demonstrated a proactive approach to resolving the issues for the resident.
- Overall, the landlord has made a reasonable attempt in line with its policies to investigate the damage to the carpet. A recommendation has been made for the landlord to inspect this and confirm the outcome to the resident.
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Complaint |
Complaint handling |
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Finding |
Reasonable Redress |
- The Ombudsman’s Complaint Handling Code (the Code) 1 April 2022 required landlords to acknowledge a complaint within 5 days and respond to stage 1 and 2 complaints within 10 and 20 working days, respectively. The landlord has a published complaints policy which complies with the timescales in the Code.
- The landlord took 34 days to respond at stage 1, missing its policy and the Code timescales. It apologised and said this was due to staff sickness. It provided a £50 voucher in line with its compensation policy. It followed up on 10 November 2023 as promised to discuss the complain. However, it did not confirm when it would respond.
- The landlord acknowledged the stage 2 escalation within 5 days but took 105 days to respond. Again, this was not in line with its policy and the Code. It extended the response timeframe on 2 April 2024 due to complaint complexity. It attempted to update the resident in May 2024 but gave no further updates after that.
- In its final response, the landlord offered the resident a further £50 for its delay at stage 1 in addition to a £50 voucher, and £100 for its delay at stage 2. The compensation was in line with its compensation policy and our own remedies guidance. The remedy it offered was reasonable redress.
Learning
- The landlord continued to attempt to engage with the resident about access for repairs. It took steps to rebuild its relationship with the resident. This included allocating jobs to specific operatives and surveyors as requested by the resident, requesting information about her medical needs for appointments, and offering mediation. We have included learning recommendations for the landlord to consider when continuing to rebuild its relationship with the resident.
Communication
- While the landlord had contacted the resident about its complaint handling delays at both stage 1 and 2, it had not confirmed when it aimed to send a response. Had it done so, the resident would have known when to expect a response. The landlord’s stage 2 response acknowledged its delays in responding and explained the changes it had recently made to ensure complaints are promptly addressed and acknowledgement letters are sent on time.