Grainger Trust Limited (202319695)

Background

1. The resident moved into her home in April 2023. Shortly after, she complained to the landlord about the property condition.

What the complaint is about

2. The complaint is about the landlord’s handling of the resident’s:
   1. Concerns about the property condition.
   2. Complaint.

Our decision (determination)

3. We have found there was service failure in the landlord’s handling of the resident’s:
   1. Concerns about the property condition.
   2. Complaint.

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

Summary of reasons

Concerns about the property condition

4. The landlord did not acknowledge that it had failed to act in line with its void standard upon letting the property. Due to this, it did not offer proportionate redress to the resident.

The complaint

5. There were failings in the landlord’s complaint handling that it did not acknowledge, apologise or offer redress for.

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.

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.

6. The tenancy agreement sets out that the landlord will invite the resident to an appointment to complete a property inventory. This sets out the condition of the property at the beginning of the tenancy. There is no evidence that it did so. This was a missed opportunity to deal with any concerns raised by the resident about the property condition and manage her expectations.
7. The resident told the landlord in her complaint that upon viewing the property she had requested it remove the carpets due to concerns over their condition. After moving in she said she had noted a foul smell coming from them. Due to this, it should have removed the carpets and underlay as set out in its published void standard. She has told us that she subsequently removed the carpets at her own expense.
8. In her complaint the resident said her front door was damaged and she had concerns there was damp in the property. The landlord raised repair work to address the door and a damp inspection 8 weeks later on 6 September 2023. It is not clear what caused this delay.
9. The damp inspection on 20 October 2023 identified several repair issues. These included a leaking toilet, gaps in loft insulation and mould in a kitchen cupboard. The landlord completed these repairs within 11 days, which was reasonable. However, we have seen no evidence that it completed its agreed follow‑up inspection and repairs to the ventilation system. The resident stated that this remains outstanding.
10. In its complaint responses the landlord said it had inspected the property and was satisfied it had let it in accordance with its void standard. We have not seen any evidence of its inspections, indicating a record keeping failure. Due to this we have been unable to assess if its response was proportionate.
11. The landlord’s final complaint response failed to acknowledge it had not acted in accordance with its published void standard or the tenancy agreement. Due to this it was unable to offer proportionate redress to put things right for the resident. Therefore, in line with our compensation guidance, we have ordered it to apologise, pay compensation and carry out specific actions to resolve the outstanding matter. This is consistent with our principles of fairness and putting things right.
12. The landlord’s apology for areas of poor decoration and offer of £100 compensation towards redecoration came after its final response. Our guidance is clear that a finding of reasonable redress cannot be determined under such circumstances. This is particularly the case where the landlord has not demonstrated any specific learning points to ensure similar failings do not occur in future.

13. Under the Complaint Handling Code (the Code), landlords must issue stage 1 responses within 10 working days of acknowledging a complaint. Stage 2 responses are due within 20 working days. This is extendable by 10 and 20 working days respectively in agreement with the resident.
14. The landlord responded to the complaint at both stages in line with timescales set out in the Code. However, it failed to acknowledge the complaint at either stage. It did not specify that its email reply, sent in response to the resident’s initial complaint, was a stage 1 complaint response. As a result, she was unclear whether it had formally logged the issue or treated it as an enquiry.
15. The landlord’s stage 2 response did not propose a remedy or set out timescales for addressing the substantive issues, such as repairs. This did not comply with the Code. Instead, it asked the resident to confirm the remedy she sought. While involving residents in resolving complaints is appropriate, this should take place during the investigation stage. As a result, it caused avoidable delay in resolving the matter.
16. We have found service failure in the landlord’s complaint handling. With view of our compensation guidance, we have ordered it to apologise and pay compensation. This is in recognition of the time, trouble, distress and inconvenience caused by the failings identified in our investigation.

Learning

17. It is important that when commencing new tenancies landlords are clear on responsibilities for fixtures and fittings. If landlords gift items to residents, it is good practice to document this to avoid any dispute that may arise.

Knowledge information management (record keeping)

18. The landlord may wish to review its record‑keeping arrangements for repairs to ensure they are robust. This would help ensure that accurate and accessible records are kept and collated, covering both completed actions and resident contact. Reference may be made to our spotlight report on knowledge and information management.

Communication

19. There were instances of the landlord not responding to queries initiated by the resident. Effective communication is vital as poor communication leaves residents uninformed leading to frustration. Effective communication ensures landlords manage expectations, even when delays occur, and how they can mitigate the impact of these.