London Borough of Hounslow (202401622)

Background

1. The resident lives in the property with her son who has asthma and a heart murmur. She reported water flooding from her loft on 28 April 2023, and subsequently raised a complaint about the landlord’s actions in resolving the repairs.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Repairs and the management of temporary accommodation between April and June 2023.
   2. Remedial works from June 2023.
   3. The complaint.

Our decision (determination)

3. We found:
   1. Service failure in the landlord’s handling of repairs and the management of temporary accommodation between April and June 2023.
   2. Service failure in the landlord’s handling of remedial works from June 2023.
   3. Service failure in the landlord’s handling of the complaint.

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

Summary of reasons

4. The landlord recognised the works took longer than initially anticipated while the resident was in temporary accommodation, but did not fully recognise the impact of its lack of coordination or communication failures on her.
5. The landlord acknowledged some failings in its handling of the outstanding works once the resident returned from the property in June 2023, but its offer of compensation was not proportionate given the circumstances of the case.
6. There was a significant delay in the landlord acknowledging the resident’s dissatisfaction and complaints in line with its complaints process.

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.

Recommendations

Our investigation

The complaint procedure

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.

What we have not investigated

7. The resident has raised concern about the impact the situation had on her physical and mental health, and her son’s medical conditions. It would be fairer, more reasonable and more effective for the resident to make a personal injury claim for any injury caused. We’ve not investigated this further but can decide if the landlord should pay compensation for any general distress and inconvenience caused.
8. Part of the resident’s complaint involved damage to her possessions due to the flood. Matters related to damage to belongings and liability are best suited to be considered as part of an insurance claim. We note that the landlord provided the resident with information as to how she could raise a claim in September 2023 and September 2024. We are not able to comment on the outcome of an insurance claim as we do not have jurisdiction over the landlord’s insurer.

The landlord’s handling of repairs and management of temporary accommodation between April and June 2023

9. The landlord acted appropriately by attending the property within its emergency timescales (24 hours) to make safe the flood on 28 April 2023 and arranging temporary accommodation on the day given concerns about the safety of the property. Following this, the resident spent considerable time and trouble seeking updates about the repairs and returned to the property around 16 June 2023, 7 weeks later, after moving hotels on 5 occasions.
10. The landlord raised work required on 11 May 2023 to:
    1. Strip wallpaper in a bedroom, replaster the ceiling, and redecorate the bedroom.
    2. Make good and decorate the ceiling, door and door frame, regrout the tiles, renew the bath silicone, renew flooring and renew some wall tiles in the bathroom.
    3. Fully decorate the hall and landing, and replace the loft hatch.
    4. Stain block and paint the understairs cupboard.
    5. Renew the kitchen ceiling and fully decorate and renew the kitchen door.
    6. Complete an electrical test.
11. It completed the majority of the work on 16 June 2023 which was 32 working days of the flood. The landlord aims to complete routine repairs within 20 working days, but where works are extensive, it aims to do so as soon as possible, and within 40 working days. The landlord completed these repairs within a reasonable timeframe given the extent of work required.
12. However, there were failings in the landlord’s communication with the resident about the works, and its management of her time in temporary accommodation. We found:
    1. Given the lack of cooking facilities in the initial hotel placement, it was reasonable for the landlord to book a B&B with cooking facilities and attempt to deliver a food package to support the resident and her son around 5 May 2023.
    2. However, it was on notice that she did not feel the B&B was safe or suitable and was not staying there as early as 6 May 2023. While it arranged a further hotel stay around 10 May 2023, this was only after her reports that she and her son were “sofa surfing” and had nowhere else to go on the day. We have not seen evidence to support that it sought to understand her reasons for not wanting to stay at the B&B, considered arranging alternative accommodation, or explained its position at the time despite her requests.
    3. Following this, there were at least 3 occasions (on 17, 24, and 26 May 2023) where she had to chase updates on the day she was due to check out from the hotel. The landlord had not given her notice of where she and her son would be staying in advance which was likely to cause significant upset and distress.
    4. The landlord explained the limitations it faced due to the availability of hotel accommodation over the May bank holiday weekend, and difficulty contacting the hotel in its response to the MP enquiry on 31 May 2023. However, it has not provided evidence to show that it sought to extend or arrange the ongoing accommodation prior to the resident’s check out date
    5. While it may have been limited in the steps it could take due to hotel availability, we have not seen documentary evidence to support that it explained the steps it was taking at the time, its plans, or offered reassurance, which would have gone some way to avoid the distress and uncertainty caused.
    6. The resident spent considerable time and trouble asking the landlord for updates about what repairs it intended to complete, and how long the work would take. In line with its decant policy, it is the landlord’s responsibility to keep the resident updated on repairs and expected timeframes while in temporary accommodation.
    7. On 22 May 2023, following the resident’s request for updates, the landlord said it was “obvious” that its repairs team were in communication with her, and that she could continue to call them for further timelines on the works as this was her “responsibility”. At this stage, we have not seen documentary evidence to show that it had told her what the works were, when they would begin, or how long it expected the work to take despite several requests. It was inappropriate for it to state that calling for updates was her “responsibility”. This communication was heavy-handed and dismissive, and likely to impact the ongoing landlord/tenant relationship.
    8. In its MP enquiry response on 31 May 2023, the landlord said that the works were due to take place between 19 and 21 June 2023, but that it had asked for these to take place sooner. It was unreasonable that the resident had been in temporary accommodation for over a month at this stage, and this was the first proposed timeframe it provided.
    9. We note that the work began on 5 June 2023, and the landlord initially told the resident that it was due to complete work by 9 June 2023. The landlord acted appropriately by informing the resident of the extension until 15 June 2023 as soon as it was aware (on 9 June 2023). The resident continued to ask it to provide a list of the repairs due to be completed on 12 June 2023 and noted that there was damp and mould in a bedroom. It responded by advising her not to visit the property while works were in progress. While this was reasonable from a safety perspective, it failed to address her specific concerns or explain what it would do.
13. The resident is seeking compensation for the additional food and travel expenses she incurred due to being in temporary accommodation. It is understandable that the resident may have experienced additional food expenses due to primarily staying in hotels that provided breakfast but did not have cooking facilities over the 7-week period. We have not seen evidence to confirm that the landlord agreed this in advance but it is evident that the resident understood that she needed to keep receipts in order for it to reimburse her.
14. The landlord’s decant policy specifies that it may pay a disturbance allowance of up to £250 to assist with reasonable costs, and would cover costs associated with moving to and from the property. Where a household is temporarily moved to a hotel or bed and breakfast accommodation, it would also consider offering a weekly subsistence payment due to the lack of cooking facilities.
15. The landlord acted reasonably by agreeing to pay the resident £233 as a disturbance allowance (£250 minus £17 used to top up the electricity at the property to allow work to go ahead). This was in line with its policy. However, there was a delay in it offering this until 31 May 2023. It would have been reasonable for it to consider offering this support sooner given that it was aware she was staying in hotels without cooking facilities.
16. While the landlord attempted to provide a B&B with cooking facilities and a food package around 5 May 2023 (as set out above), it did not fully engage with her concerns about why she did not want to stay there. We note that the landlord offered a B&B that included cooking facilities on 24 May 2023. This may have reduced the inconvenience caused to the resident but she chose to remain in a hotel.
17. We appreciate that the landlord would need to consider that the resident chose to remain in a hotel without cooking facilities in deciding whether to reimburse her for additional expenses. However, it is relevant that the resident chose to go back to the hotel on 10 May 2023 because there was no other availability. And, when the landlord initially gave her a timeframe for the work on 31 May 2023, it had already extended the stay in the hotel to cover the remaining period she would need to remain away from the property.
18. Given the lack of clarity about how long the work would take, the resident was not in a position to make an informed decision about whether remaining in a hotel without cooking facilities would be suitable. The landlord has not provided evidence that it considered offering a weekly subsistence payment in line with its policy. In view of the above, it would have been appropriate for the landlord to have requested evidence of the resident’s costs and considered contributing to additional food expenses above £233.

Summary

19. The landlord acted reasonably on 27 June 2023 by recognising that the work took longer than initially anticipated (7 weeks rather than 2) which added to the disruption and inconvenience caused to the resident. It offered £200 compensation. Our remedies guidance states that compensation figures between £100 and £600 are proportionate where there has been maladministration, including where there have been several independent service failures over a period of time that adversely affected a resident.
20. While the landlord’s offer was within this range, it did not take into account the inconvenience, uncertainty, and distress caused by its failure to coordinate its services or provide sufficient communication during her stays in temporary accommodation. We have ordered the landlord to pay an additional £150 in recognition of this, bringing the total to £350.

21. The landlord has recognised failings in its handling of remedial works once the resident returned to the property in June 2023. It offered £200 compensation in its complaint process toward the time, trouble, and inconvenience caused by delays in arranging work, the time spent without insulation during the winter months, and a lack of coordination and communication.
22. The resident raised concerns about outstanding works on 22 June 2023. Specifically, these included the below:
    1. Decoration, damaged airing cupboard, and mould in the bedroom used as a safe storage room while she was in temporary accommodation.
    2. The bath panel, sealant, broken tiles flooring, and extractor fan in the bathroom.
    3. Adjusting the bedroom and bathroom doors and repairing a stair.
    4. Replacing the tanks in the loft.
    5. Several other repairs to a leak, flooring, and extractor fan in her kitchen, and windows in a bedroom due to draughts.
23. It is understandable that the landlord may not have been able to complete work in the “safe” room while the resident was in temporary accommodation as this room was locked to store her personal belongings. It completed work to the cupboard, mould washed and decorated the bedroom, and adjusted the bedroom door on 10 August 2023. This was 35 working days after her report of outstanding remedial works. It would have been appropriate for the landlord to have handled this under its routine repair timescale of 20 working days given that the repairs were not extensive and could have been completed over 1 day.
24. In addition, there was a significant delay in raising repairs to replace a stair tread, the bath panel, broken tiles, sealant, and the floor covering until 15 September 2023. This was 61 working days following her request. It then completed some work on 6 November 2023 (a further 38 working days later) but did not replace the floor covering until around 28 November 2023 (52 working days later). The work to replace the bathroom flooring formed part of the initial scope of works from May 2023, and the overall delay was unreasonable.
25. We note that the resident continued to raise concerns about the remaining water tanks in the loft, and the landlord has not disputed that it was aware it needed to replace the water tank from June 2023 but did not order the replacement until 9 February 2024. It removed the insulation in the loft space in October 2023 to allow work to replace the tank at a later date but had not ordered the tank at the time. It was unreasonable for it to remove the insulation during the winter months without a plan to reinstate this within a reasonable timeframe. This demonstrated a lack of co-ordination in the landlord’s repairs.
26. While the landlord reinstated the insulation in part on 31 January 2024, the matter remained unresolved at the time of its stage 2 complaint response on 11 April 2024, almost a year following the flood. Within its complaint responses, it said that once it fitted a stopcock (on 12 April 2024), it would install the water tank, and then finalise the insulation. At this stage, it had already fitted a stopcock on 25 March 2024, indicating that it did not rely on up to date records when responding to the complaint. While it completed a post inspection related to the installation of the stopcock on 23 April 2024, it is unclear if and when the landlord replaced the water tank or installed the remaining insulation.
27. In her communication with us, the resident has explained that she continued to experience damp and mould in the property, which she believed is related to the previous flood. She has explained that the landlord did not replace the extractor fans after they were damaged by the flood, and continues to experience mould. We have not seen evidence to show that the landlord raised works to repair or replace the extractor fans when she raised this concern on 22 June 2023. This was a failing at the time and we have therefore ordered it to complete a damp survey of the property to determine if further works are required.
28. While the landlord acted reasonably by recognising that the resident had been inconvenienced by the ongoing delays and failings after she returned to the property, its additional offer of £200 made during the complaints process was not proportionate. It did not fully recognise the impact on the resident between June 2023 and April 2024. We have ordered the landlord to pay an additional £150 compensation, bringing the total to £350.

29. At the time of the complaint, the landlord had a 2 stage complaints process. At stage 1, it aimed to respond within 15 working days, and at stage 2 it aimed to respond within 20 working days after acknowledging the complaint. The relevant Ombudsman Complaint Handling Code (April 2022) set out that landlords must define a complaint as “an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents”.
30. The landlord had the opportunity to handle the resident’s concerns formally under its complaints policy multiple times before it acknowledged the complaint on 19 January 2024. The resident had attempted to raise a formal complaint from at least as early as May 2023 and used the landlord’s complaint webform on several occasions. She specifically said she wanted it to move her complaint to stage 1 on 3 July 2023, but the landlord failed to consider her request at the time.
31. We note that on 21 September 2023, the landlord set out the payments it had already offered and concluded that it had done all it could and fulfilled its obligations. It would have been appropriate for it to have used this opportunity to address the resident’s complaint formally at the time so as not to unreasonably delay a resolution. The resident also raised a complaint via the landlord’s webform on 27 November 2023 about the lack of insulation which the landlord failed to consider formally.
32. Following the resident’s further complaint submission on 18 January 2024, the landlord responded at stage 1 on 9 February 2024, which was within a reasonable timeframe. The resident escalated the complaint on 10 March 2024, and the landlord responded at stage 2 on 11 April 2024 which was also within a reasonable overall timeframe.
33. The landlord did not acknowledge its failures to recognise the resident’s complaint formally from the outset. While it recognised the time and trouble she spent pursuing the repairs, it did not adequately consider the unreasonable delay of at least 6 months in acknowledging the complaint formally. We have ordered the landlord to pay £150 compensation to the resident in recognition of the inconvenience caused by its complaint handling failures. This is in line with our remedies guidance for failings which had an adverse impact on a resident, but where there may be no permanent impact.

Learning

Knowledge information management (record keeping), and communication

34. The landlord should ensure it keeps accurate records of any actions taken, including communications, when a resident is in temporary accommodation so that it is able to provide an audit trail where needed.
35. The landlord should take steps to ensure that its repairs team provide expected timeframes for repairs within a suitable timeframe, and communicate these to prevent both residents and internal staff spending unreasonable time and trouble requesting this information.
36. The landlord should ensure that staff are adequately trained to recognise complaints and raise these appropriately to avoid delays in the complaint process.