Your Housing Group Limited (202017428)

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REPORT

COMPLAINT 202017428

Your Housing Group Limited

10 September 2021

 

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 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:
    1. Handling of the resident’s request for the replacement of his living room window.
    2. Associated complaint handling.

Background and summary of events

Policies and procedures

  1. (Pg 1, policy pdf) As per the landlord’s “Service standard: repairs and maintenance” document, it is responsible for windows.
  2. (Pg 2, policy pdf) As per the landlord’s “Service standard: repairs and maintenance” document, routine repairs and maintenance should be carried out within 21 days.
  3. (Pg 3, policy pdf) As per the landlord’s “Service standard: repairs and maintenance” document, it will provide a “right-first-time approach” and keep the resident informed throughout.
  4. (Pg 25) As per the landlord’s “compensation amounts procedure – staff guidance” document, it recommends a compensation amount of £100 for distress and inconvenience and £100 for delays in resolving the resident’s complaint. It would also pay compensation for “proven” additional electricity used by a temporary heater at a recommended amount of £2 per day.
  5. (Pg 18, policy pdf) Section 6.4 the landlord’s “Service standard: repairs and maintenance” document confirms that if money was owed to the landlord, compensation would be used to offset against that debt in all circumstances.
  6. (Pg 7, policy pdf) As per the landlord’s “Service standard: repairs and maintenance” document, it would not consider complaints on cases where legal action is already being taken.
  7. (Pg 8, policy pdf) As per the landlord’s “Service standard: repairs and maintenance” document, it would initially deal with a complaint at its informal stage, and consider its escalation to formal stage one if it was unable to resolve it within 2 working days. It should respond to formal stage one complaints within 10 working days, and formal stage two complaints within 15 working days.

Background

  1. The resident has raised concerns over the quality of the windows in the property since 2019. While this has been included for contextual purposes, this report will focus on the events from 21 October 2020 onwards.

Summary of events

  1. (Pg 170+171) On 21 October 2020, the landlord’s records confirm that the resident had raised his stage one complaint following a telephone discussion that day. The resident was unhappy as although his window had already been repaired “about three or four times”, it had ordered yet another repair instead of replacing it. He had been told by an operative that the reason it was not doing so was because it was a listed building, which meant that permission from the local authority was required to erect the required scaffolding.
  2. (Pg 209) On 19 November 2020, the landlord’s records confirm it had attended the resident’s property to inspect his living room window. It explained that as the windows were on a planned maintenance programme, it could only carry out repairs. However, the resident wanted the window to be replaced and would not accept any repairs. It also explained that it would carry out any necessary work, including obtaining scaffolding if needed and completing any necessary paperwork; therefore, the listed status of the building did not deter the landlord from carrying out its responsibilities.
  3. (Pg 179) On 2 December 2020, the landlord’s records confirm that the resident had requested an update on his complaint as he had not heard from it since 21 October 2020.
  4. (Pg 180+181) On 5 December 2020, the landlord issued its stage one complaint response to the resident. It confirmed that “a programme will be in place for next year” to replace the windows. It also apologised for any inconvenience that it caused him.
  5. (Pg 182) On 2 February 2021, the resident requested the landlord reopen his complaint. He also informed it that he would be seeking legal advice. This was because the resident had believed the windows would be replaced in January 2021, and this work had not been carried out.
  6. (Pg 188) On 8 February 2021, the resident emailed the landlord to explain that there was condensation and mould in his property. His windows had been sealed shut to keep the warm air in, but the flat was still cold. He felt that he had been “conned” into believing the windows would be replaced in January 2021 “just to shut [him] up”. He also alleged that he had lost his job due to it missing appointments, though no further information was provided on this.
  7. (Pg 197) On 11 February 20021, the resident emailed the landlord to request an update on his complaint.
  8. (Pg 203) On 10 March 2021, the landlord’s records confirm it had spoken to the resident, who was unhappy that he had received no contact to explain the reasons why it did not install new windows in January 2021, or give him the timescales for the work. He confirmed that he has not filed a formal disrepair claim, as he was seeking legal advice.
  9. (Pg 201) On 18 March 2021, the landlord’s records confirm it had spoken to the resident, who requested the escalation of his complaint.
  10. (Pg 201) On 19 March 2012, the landlord’s records confirm it had taken the complaint out of its complaints process, as it had understood there to be an active disrepair claim for the resident.
  11. (Pg 77) On 26 March 2021, the landlord’s confirm it had escalated the resident’s complaint and it would look to resolve the complaint by 21 April 2021.
  12. (Pg 78) On 7 April 2021, this Service wrote to the landlord following a referral from the resident, asking for it to complete its internal complaints procedure due to the resident’s continued dissatisfaction.
  13. (Pg 268) On 30 April 2021, the landlord’s records confirm it spoke to the resident and agreed a figure of £400 in compensation for his complaint. It also confirmed that it would arrange for an electric fan heater to be delivered and that it would reimburse the resident for its running costs.
  14. (Pg 268) On 4 May 2021, the resident responded to ask for the timescales for him to receive the additional heating. He had sealed his windows shut as his flat was “freezing”. He subsequently received the heater later that day.
  15. (Pg 84+85) On 6 May 2021, the resident emailed the landlord to explain that the electric fan heater had broken, and that it was warmer outside than in his property. He had also not received the compensation from the landlord.
  16. (Pg 67+68) On 6 May 2021, the landlord received a repair request for the resident’s living room window, which had cracked while the resident tried to close it. It attended the following day to board up the window; however, the resident had already boarded the window himself. He had refused to allow for the sash to be removed to allow it to fix from the inside, which meant that scaffolding would be required as it was two storeys up. He also told the operative that the landlord could fit the replacement glass it if wanted to, but it was “pointless” as he wanted new windows.
  17. (Pg 274+275) On 6 May 2021, the landlord issued its final stage complaint response to the resident. It understood that the resident was unhappy that the windows needed to be replaced, as the existing windows were making the flat cold. It found that there had been “prior miscommunication regarding a timescale for replacing the windows” and that repairs it had carried out had been of poor quality. It had agreed £400 compensation in settlement of the complaint, and had arranged for an electric fan heater for the resident.
  18. (Pg 274) On 6 May 2021, the resident responded to explain that his complaint was regarding the timescales for the replacement of the windows. He was unhappy with the £400 compensation having been applied to his rent account and had to borrow money to pay for the electricity for his electric fan heater. He was frozen every day in the property.
  19. (Pg 274) On 7 May 2021, the resident emailed the landlord to confirm he had boarded up the window. He informed the resident that the contractor was “not welcome in [his] home”.
  20. (Pg 69+70) On 8 May 2021, the landlord’s records confirm that it cancelled the job to repair the window. The resident had refused this repair and wanted a new window to be installed.
  21. (Pg 145) On 13 May 2021, the resident emailed the landlord to explain that he wanted to know when his windows would be replaced, and did not want to be “fobbed-off” any longer.
  22. (Pg 160+161) On 3 June 2021, the landlord issued a further final stage complaint response to the resident. It explained that it had applied for the necessary consent from the local authority to replace the windows; as a result, it was unable to offer a date for the installation of the windows until this consent had been received. In the meantime, it would continue to offer to complete any necessary repairs. Furthermore, it had offered the resident £400 compensation which was declined as it would be added to his rent account.
  23. (Pg 71) The landlord’s records confirm that it spoke to the resident on 27 July 2021. He confirmed that he “never refused the works”; therefore, it had been assigned to the contractor to complete the repair by 20 August 2021.

Assessment and findings

  1. The resident has previously raised concerns over the effect of the complaint on his health and wellbeing. The Ombudsman does not dispute his comments regarding his health, but we are unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing or award damages for these. This is because we do not have the authority or expertise to do so in the way that a court of insurer might. However, we have considered the general distress and inconvenience which the situation has caused him.
  2. Following the resident’s request for the replacement of his living room window, and considering the historic element of the resident’s complaint, it was obliged to carry out an inspection to understand the condition of his window. It had evidenced that it did so on 19 November 2020, which was fair action for the landlord to take. Its records confirm that it informed the resident that it could only carry out repairs as the windows were on a planned maintenance programme; however, the resident refused the repair.
  3. The resident’s complaint was escalated on 2 December 2020; in response, the landlord confirmed that “a programme will be in place for next year” to replace the windows. This was reasonable of the landlord, as it had given the resident an update on when his windows would be replaced.
  4. The resident requested the escalation of his complaint in February 2021, as he was expecting the work to be completed in January 2021. This Service has seen no evidence to suggest that it had committed to replacing the windows in January 2021.
  5. Under the circumstances, the landlord is obliged to provide an explanation on its proposed timescales for the replacement of his windows. However, it did not inform the resident. While it is recognised that the landlord had believed this to be a legal disrepair claim which delayed its response to the resident’s final stage complaint, it also failed to provide this information to the resident in it’s final stage complaint response of 3 June 2021. This was not fair on the resident; he had waited since 2 February 2021 for its response, and he had clearly explained in his conversation with the landlord on 10 March 2021 that he wanted the timescales for the completion of the work; therefore, and a failure has been found for not fully addressing the resident’s complaint it its final stage complaint response.

Associated complaint handling

  1. Following receipt of the resident’s complaint on 21 October 2020, the landlord arranged for an inspection of the resident’s living room window on 19 November 2020. This was reasonable action for the landlord to take; however, it had continued to treat the resident’s complaint under its informal stage. This allows 2 working days to resolve the complaint. In this case, it is clear that given an inspection was required, this complaint would not be resolved within 2 working days. The landlord has failed to evidence consideration to escalating the resident’s complaint in line with its service standard.
  2. This was escalated at the resident’s request on 2 December 2020, with the landlord’s formal stage one complaint response being sent on 5 December 2020, this being within its 10-working day response time.
  3. Despite the resident having requested the escalation of his complaint on 2 February 2021, and again on 10 March and 18 March 2021, the resident’s final stage complaint was not acknowledged until 26 March 2021. Additionally, the landlord did not issue its final stage complaint response until 3 June 2021. This was not fair on the resident which added distress, inconvenience, time and trouble to the resident, and a failure has been found for these delays in its handling of the resident’s final stage complaint.
  4. It is the Ombudsman’s opinion that the amount of £400 compensation would provide adequate redress for the service failures identified and is in line with our Service’s remedies guidance (published on our website) as well as the landlord’s own compensation policy. The Ombudsman’s remedies guidance suggests awards of between £250 to £700 where there has been considerable service failure which had an impact on the complainant but there may be no permanent impact on the resident. In this case, the delays and poor communication did not affect the outcome of the complaint as the landlord ultimately agreed a way forward in adding the resident’s windows to its programme for the next year, but these errors did have an impact on the resident and compensation is due in view of this.

Determination (decision)

  1. In accordance with paragraph 55(b) of the Housing Ombudsman Scheme, the landlord has offered redress to the resident prior to investigation which, in the Ombudsman’s opinion, satisfactorily resolves the complaints about its:
    1. Handling of the resident’s request for the replacement of his living room window
    2. Associated complaint handling.

Reasons

  1. The landlord has failed to escalate the resident’s complaint appropriately at stage one, resulting in delays. Furthermore, it’s final stage complaint response was outside of its stated timescales and failed to address the resident’s concerns.
  2. The landlord has offered compensation which is adequate in recognising the detriment experienced by the resident as a result of the landlord’s failings.

Recommendations

  1. It is recommended that the landlord:
    1. Re-offer the £400 compensation to the resident, to be paid to the resident’s rent account in line with its policy.
    2. Write to the resident to inform him of the expected timescales for the completion of the repair to his living room window, and the replacement of the resident’s windows, if this work has not been carried out already. Additionally, it should explain to the resident how he can progress his claim for the reimbursement of his increased electricity costs.
    3. Review its record keeping processes for prolonged repairs and repair complaints, including for the retention of contact between it and its contractors, ensuring that there is a clear audit trail for these, which provides details of specifically when contact was made, what was said, what the agreed next steps, timescales and expectations were, and what actions subsequently took place.
    4. Review its staff’s training needs in relation to their application of its policies and procedures with regard to repairs, complaints and compensation, to seek to prevent a recurrence of its above failures in the resident’s case. This should include consideration of this Service’s guidance on remedies, at https://www.housing-ombudsman.org.uk/about-us/corporate-information/policies/dispute-resolution/policy-on-remedies/, and the completion of our free online dispute resolution training for landlords, if this has not been done recently, at https://www.housing-ombudsman.org.uk/landlords/e-learning/.
  2. The landlord shall contact this Service within four weeks of this determination to confirm whether it will follow the above recommendations.
  3. The Ombudsman accepts that, because of the present restrictions due to the corona virus pandemic, the timing of the above actions will depend on what is reasonable in the light of Government guidance regarding the health of the resident and of the landlord’s staff.