Basildon Borough Council (202335067)

Decision
Case ID	202335067
Decision type	Investigation
Landlord	Basildon Borough Council
Landlord type	Local Authority / ALMO or TMO
Occupancy	Secure Tenancy
Date	20 February 2026

Background

1. Following roof repairs, the resident made a complaint that the remedial works inside her bungalow remained outstanding.

What the complaint is about

2. The complaint is about the landlord’s handling of the resident’s reported remedial works.
3. We have also assessed the landlord’s complaint handling.

Our decision (determination)

4. We have found:
   1. Maladministration in the landlord’s handling of the resident’s reported remedial works.
   2. Maladministration in the landlord’s complaint handling.

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

Summary of reasons

5. The landlord failed to demonstrate that it investigated and resolved the resident’s reports about the outstanding remedial works in a timely manner.
6. The landlord failed to demonstrate that it meaningfully investigated the resident’s complaint about the outstanding remedial works and responded to all aspects of her complaint.

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.

Order	What the landlord must do	Due date
1	Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: The apology is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance.	No later than 20 March 2026
2	Compensation order The landlord must pay the resident £350 made up as follows: £200 compensation for the distress and inconvenience caused by its handling of her reported remedial works. £150 compensation for its complaint handling failings. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date.	No later than 20 March 2026
3	Contact order The landlord must contact the resident to ascertain whether she has any outstanding concerns in relation to her complaint. If she does, it should provide a written response and provide a copy to us by the due date.	No later than 20 March 2026

 

 

 

Recommendations

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

Our recommendations
The landlord should review its handling of the resident’s reported repairs after it issued its stage 2 response and consider whether further compensation is warranted.

 

Our investigation

The complaint procedure

Date	What happened
30 November 2023	The resident made a complaint. She said, following the completion of the roof repairs, on 24 November 2023, the landlord’s contractor broke some of the roof tiles when it removed the scaffolding. When it rained the following day water came through into her kitchen. When she notified the landlord, it came out “straight away” and replaced the damaged tiles. The resident said remedial works to the bathroom and kitchen were outstanding. These included re-plastering and painting the bathroom and kitchen ceiling. Also, she said “a light needed to be refitted”. She asked the landlord to complete all of the outstanding jobs as soon as possible.
7 December 2023	The landlord issued its stage 1 response. It said it would assess the remedial works on 7 December 2023. It confirmed that the necessary works would then be scheduled in and carried out.
8 December 2023	The resident escalated her complaint. She said she was still waiting for the landlord to: Treat the damp and mould in her kitchen, make good and paint. Replace the sealant around the bathroom skylight. Repair and repaint the bathroom ceiling. Replace the living room light fitting.
21 December 2023	The landlord issued its stage 2 response. It said it had “filled in the cracks” on 7 December 2023. It explained further works would be carried out on 11 January 2024 and apologised for the delay.
Referral to the Ombudsman	The resident referred her complaint to us. She explained that she was concerned that the landlord had not offered her compensation for its handling of the matter. She confirmed that the repairs had now been resolved.

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.

Complaint	The landlord’s handling of the resident’s reported remedial works
Finding	Maladministration

7. It is acknowledged that having a leak occur so soon after the roof was repaired would have caused the resident frustration. However, the evidence suggests it was caused by a contractor who damaged some of the roof tiles when it removed the scaffolding after the repair works were completed. There is no evidence to show that the leak occurred because the roof work that the landlord had completed was inadequate.
8. The resident also said that once she notified the landlord of the leak, it came out “straight away” and replaced the tiles. While we do not have a record that tells us the specific timeframe it took the landlord took to repair the issue, the resident’s account indicates that it resolved the issue in a timely manner. Given the circumstances outlined above, we are satisfied that there were no failings by the landlord in relation to this matter.
9. Following the resident’s concerns that there were outstanding remedial works to her bathroom and kitchen, the landlord said that it would scope the works on 7 December 2023. This was reasonable as the evidence suggests that the roof repairs were recently completed.
10. The landlord’s repair records show that on 7 December 2023 it “filled in the kitchen ceiling” cracks. However, there is no evidence to show that it looked into the resident’s other repairs. Given the circumstances, it would have been appropriate for it to have done so. This would have demonstrated that it had appropriately addressed her concerns. That there is no evidence that it did is unreasonable.
11. Nor is there evidence that the landlord carried out a meaningful inspection of the property on 7 December 2023. Therefore, it has not demonstrated that the absence of any follow-up remedial works (apart from filling in the kitchen ceiling cracks) at this time was based on an appropriate inspection.
12. In her escalated complaint, the resident reiterated that she was still waiting for the landlord to complete the repairs. The time and trouble she incurred by escalating these works may have been reasonably avoided if the landlord had carried out a meaningful inspection.
13. The landlord’s records show that on 21 December 2023, it raised an order to carry out a mould treatment, which it later completed on 11 January 2024. However, there is no evidence that it considered or raised orders for the other repairs that the resident had reported in her complaint. Given the circumstances, it would have been reasonable for it to have done so. That it did not was a further failing and missed opportunity to progress and resolve the issues in line with its repair obligations.
14. The repairs remained outstanding at the time of the landlord’s stage 2 response. While the resident has told us that the repairs have now been completed, the landlord has failed to demonstrate that they were completed within a reasonable timeframe or in line with its 28-day published timescale for routine repairs.
15. Taking this into consideration and the other identified failings, we have ordered the landlord to pay the resident £200 compensation for the distress and inconvenience its failings would have caused her. We have also recommended that the landlord should review how it handled the resident’s reported repairs after it issued its stage 2 response and consider whether further compensation is warranted.

Complaint	The landlord’s complaint handling
Finding	Maladministration

16. The landlord issued its complaint responses within its policy timescales, which was appropriate.
17. In its stage 1 response, the landlord told the resident that it would assess the remedial works on 7 December 2023. Therefore, it would have been reasonable for it to have reviewed whether it had appropriately done so at stage 2. In particular, as some of the resident’s reported repairs in her escalated complaint were also raised in her original complaint. Our Complaint Handling Code (‘the Code’) states effective complaint handling includes careful consideration of all information and evidence. The landlord’s failure to do so meant that it missed an opportunity to reasonably review its handling of the resident’s reported repairs at that time.
18. The landlord’s response that “further works” would be carried out on 11 January 2024 was vague. It would have been reasonable for the landlord to have provided a brief summary of what works were raised. This would have ensured and demonstrated to the resident and itself that it had fully understood and addressed all aspects of her complaint. If it had done so, it may have identified that “further works” only included a mould treatment. As such, it missed another opportunity to fully and promptly resolve her complaint.
19. The resident made references to other issues in her complaint, which included concerns about her boiler and multiple visits from the landlord’s contractors in relation to the roof repairs. It is accepted that it may not have been clear to the landlord whether the resident was providing context to her complaint or whether she wished the issues themselves to be investigated. Therefore, in accordance with the Code it would have been reasonable for the landlord to have asked her for clarification and agreed the full complaint definition with her. That it did not was a missed opportunity to ensure it fully addressed her complaint. As such, we have made an order for the landlord to contact the resident to ascertain whether she has any outstanding concerns in relation to her complaint.
20. Taking into consideration the above failings, we have ordered the landlord to pay the resident £150 compensation. This is in line with our remedies guidance.

Learning

Knowledge and information management (record keeping)

21. There were examples of poor record keeping in this case, which highlighted that at times the landlord did not record, use or analyse the relevant information it had available. This contributed to its failure to ensure it progressed the repairs and effectively handled the associated complaint. Therefore, it may wish to arrange for relevant staff to complete our eLearning on knowledge and information management, which it can find on the Centre for Learning section of our website.

Communication

22. The landlord failed to fully engage with the resident’s complaint. This suggests it may need to improve its complaint handling and communication practices. Therefore, it may wish to complete our eLearning course on complaint handling and communication, which it can find on the Centre for Learning section of our website.