City of Doncaster Council (202529246)
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Decision |
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Case ID |
202529246 |
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Decision type |
Investigation |
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Landlord |
City of Doncaster Council |
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Landlord type |
Local Authority / ALMO or TMO |
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Occupancy |
Secure Tenancy |
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Date |
31 March 2026 |
Background
- The resident’s property is a 2-bedroom top floor flat in a low-rise block with a pitched roof. She lives in the property with her partner and child. She raised concerns with the landlord about the condition of the roof. Dissatisfied with the landlord’s assessment that the condition of the roof did not warrant replacement, she referred her complaint to us.
What the complaint is about
- The complaint is about the landlord’s response to the resident’s:
- Reports about the condition of and repairs to the roof.
- Associated complaint.
Our decision (determination)
- We have found that the landlord responsible for:
- Maladministration in its handling of the reports about the condition of and repairs to the roof.
- No maladministration in the landlord’s response to the associated complaint.
We have made orders for the landlord to put things right.
Summary of reasons
- The landlord took reasonable steps to meet its repair obligation in respect of the roof. It also explained why it would not replace the felt membrane at that time. However, it delayed in responding to the resident’s reports, both in completing works in the first instance, then in completing another inspection. It also did not address the resident’s report of ongoing leaks to the bedroom and that she had laid boards to mitigate the effect of water ingress.
- The landlord responded to the complaint in line with its policy and procedures.
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 30 April 2026 |
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2 |
Compensation order The landlord must pay the resident £150 to recognise the distress and inconvenience caused by the delays and failure to address the resident’s report about the bedroom ceiling and the boards she had laid. 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 30 April 2026 |
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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 someone suitably qualified to complete an inspection of the type needed. 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 30 April 2026 |
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4 |
Case Review The landlord must carry out a case‑specific review in which it considers why there were delays in the completion of the repairs identified and the re–inspection of the resident’s roof. The report must be shared with the resident and this Service. |
No later than 30 April 2026 |
Our investigation
The complaint procedure
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Date |
What happened |
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10 July 2025 |
The resident submitted a complaint and said the following:
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18 July 2025 |
The landlord sent the stage 1 response. It said the following:
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13 August 2025 |
The resident escalated her complaint and said the following:
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28 August 2025 |
The landlord sent the stage 2 response. It said the following:
water running uphill against gravity and entering the roof space
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Referral to the Ombudsman |
The resident referred her complaint to the Ombudsman on 12 December 2025, and said the following:
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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 |
Reports about the condition of and repairs to the roof |
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Finding |
Maladministration |
- The landlord’s Repairs Policy states that “A Routine repair does not immediately affect the health and safety or security of the tenant but may do so if not attended to within a short space of time.” The landlord “will aim to complete urgent repairs within 5 working days, excluding the day the repair is reported, Saturdays, Sundays and Bank Holidays. Routine repairs include, but not limited to…Leaking roofs”.
- On 19 December 2024, the resident reported that when it rained, it leaked into her property. The landlord raised a repair to remedy missing tiles which allowed daylight to be seen in the loft. The landlord’s Repair Policy states it should have responded within 5 working days, and the landlord’s repair note which states a target date of 3 January 2025 confirms this. The landlord did not meet this timeframe. In fact, the resident on 6 January 2025 requested that the landlord bring an appointment forward as she thought water potentially was coming through holes in the roof and causing a wet patch in the ceiling in a bedroom.
- The landlord did not attend the resident’s property to repair roof tiles until 9 May 2025, according to its repair records. This was over 4 months after the resident’s report which was an unreasonable delay.
- On 3 June 2025, the resident, through her housing officer, enquired with the repairs team why it had closed her repair request as she thought no works had been completed. The landlord’s complaint response confirms that on 4 June 2025, it decided to conduct another roof inspection; however, it did not raise an order for its contractor. The landlord did not raise the order until 17 July 2025, 6 weeks later, and only as a result of the resident’s complaint. This indicates that it lost oversight of the agreed actions identified in response to the resident’s query.
- Another roofing contractor attended on 21 July 2025. It was prudent that the landlord commissioned another contractor given that the resident’s concern that the first contractor had not completed works. On 21 July 2025, the second contractor advised the landlord that all the felt membrane had perished. The contractor also said it could not fix this as no tiles were broken. The resident has advised us that the contractor told her verbally the roof needed to be replaced. In the absence of corroborative evidence, we cannot confirm that it said this. Ultimately, the contractor did not formally make this recommendation to the landlord.
- The landlord in the stage 2 response explained its view that while daylight could be seen between roof tiles, there would not necessarily be water ingress in the roof space. It advised that the felt was only a secondary barrier of protection, and its condition did not compromise the roof’s performance in stopping water ingress. It also confirmed the circumstances when it would replace the felt by stating it could conduct a full roof replacement when the roof was beyond repair.
- However, in her stage 2 complaint, the resident was insistent that the rainwater reached a bedroom. She also said she had laid boards to mitigate the effect of water ingress. The landlord has a responsibility to investigate reports of damp and mould. In focusing on the condition of the roof, and whether it needed to complete works to the roof, it overlooked the resident’s report of water ingress. Given the resident’s complaint, it would have been reasonable to inspect the bedroom and the boards that she referred to.
- In summary, the landlord in response to the resident’s report of water ingress in the roof carried out repairs, then re-inspected the roof. It thereby took reasonable steps to meet its repair obligation in respect of the roof. It also explained why it would not replace the felt membrane at that time. However, it delayed in responding to the resident’s reports, both in completing works in the first instance, then in completing the re-inspection. It also did not address the resident’s complaint that there were still leaks to the bedroom and that she had laid boards to mitigate the effect of water ingress. Given its acceptance that the membrane, as secondary protection, required repairs, it was important that the landlord investigate further. For this reason, we find that there was maladministration by the landlord in respect of this complaint. We award the resident £150 compensation. In making this award, we have considered the range of compensation in our remedies guidance for cases of maladministration arising from the failure identified.
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Complaint |
The handling of the complaint |
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Finding |
No maladministration |
- The landlord has a 2-stage complaint process. It aims to acknowledge complaints at both stages within 5 working days. It says the resident should then receive a formal response to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days of the complaint acknowledgement. This is in line with our Complaint Handling Code.
- The landlord acknowledged the stage 1 complaint on 16 July 2025, within 5 working days. It acknowledged the stage 2 complaint although the copy provided to us contains an inaccurate date. However, it provided a formal response at both stages of the process within the timescales set out within its policy and our Complaint Handling Code. There is therefore no maladministration in the landlord’s complaint handling.
Learning
Communication and Knowledge information management (record keeping)
- Our spotlight report on repairs and maintenance explains that failures can be avoided when landlords:
- let residents know what to expect regarding repairs and provide a clear schedule for repair visits.
- gather feedback from residents and conduct inspections to ensure the work is satisfactory.
- In this case, the records do not show if the landlord regularly updated the resident on the status of repairs and inspections. The resident’s complaint as opposed to oversight of works led to a review of progress. Frustration and dissatisfaction may have been avoided if the landlord’s repairs team had followed our spotlight report recommendations.