Clarion Housing Association Limited (202408346)

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Decision

Case ID

202408346

Decision type

Investigation

Landlord

Clarion Housing Association Limited

Landlord type

Housing Association

Occupancy

Assured Tenancy

Date

31 March 2026

Background

  1. The resident lives in her home with her partner and young children. There are vulnerabilities in the household. The resident complained to the landlord about a sewage leak and associated repairs.

What the complaint is about

  1. The complaint is about the landlord’s handling of the:
    1. resident’s reports about a sewage leak and associated repairs
    2. resident’s reimbursement for the temporary move from her home
    3. associated complaint

Our decision (determination)

  1. We found service failure in relation to the landlord’s handling of reports about a sewage leak and associated repairs.
  2. We found service failure in relation to the landlord’s handling of the resident’s reimbursement for the temporary move from her home.
  3. We found reasonable redress in relation to the landlord’s handling of the associated complaint

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

Summary of reasons

Sewage leak and associated repairs

  1. The landlord was delayed in responding to the sewage leak. It did not raise jobs for repairs at the first opportunity. It did acknowledge this but problems with the drainage are continuing and this is a failure in service to the resident.

Resident’s temporary move

  1. The landlord told the resident how to be reimbursed for the temporary move and what it required to do this. But it did not explain why it may not reimburse for the temporary accommodation. It also did not demonstrate any further support or guidance offered to the resident in order to repay her. This was a failure in service to the resident.

Associated complaint

  1. The landlord was delayed at both stages of the complaints process. It did not tell at both stages. But it apologised and offered appropriate compensation. This was reasonable in the circumstances.

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

28 April 2026

2

Compensation order

The landlord must pay the resident £815 as offered in its stage 2 complaint response if it has not already done so.

 

No later than

28 April 2026

3

Meeting order

The landlord must offer support to the resident to enable her to provide the documents required for reimbursement of her temporary accommodation.  

As part of this offer the landlord should provide an opportunity for the resident to meet with the landlord to ensure she fully understands what is required.  

The landlord should then write to the resident confirming what is required, the support available and a summary of any discussions that took place.  

A copy should be provided to this Service by the due date.

No later than

28 April 2026

4

Inspection order

The landlord must undertake an inspection of the resident’s home and the associated drains.

It must produce an inspection report and action plan for any defects found including timescales for completion.

The landlord must provide the resident with a copy of the inspection report and action plan by the due date.

No later than

28 April 2026

 

Recommendations

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

Our recommendations

The landlord should pay the resident £100 as offered in its stage 2 complaint response for the delays in its complaint handling.

The landlord should consider informing residents in writing of its requirements to reimburse residents of expenses relating to temporary moves.

The landlord should consider staff training relating to its requirements for communicating with residents to ensure this is in a timely manner.

The landlord should consider training for its complaint handling staff to ensure they understand the requirements of the Ombudsman’s Complaint Handling Code.

Our investigation

The complaint procedure

Date

What happened

22 September 2023

The resident made her stage 1 complaint. She told the landlord she:

  • wanted to know when the damage from the leak would be assessed
  • wanted to know about when repairs to her home would be carried out
  • had not been paid for her temporary accommodation

The landlord acknowledged this on 25 September 2023.

14 December 2023

The landlord issued its stage 1 complaint response. It said:

  • the resident had reported the sewage leak as an emergency, but the landlord did not attend in line with its service level agreement
  • it had attended to check the electric sockets and restored power to some circuits
  • the blocked drains were cleared, and the issue was recurring as there was a break in the line
  • after the leak was resolved the remaining electric circuits were reconnected and a professional deep clean completed
  • it arranged hotel accommodation however this was not suitable for the resident’s needs
  • the accommodation paid for by the resident required a VAT receipt or booking confirmation
  • it offered compensation for its delays, communication and complaint response times.

15 January 2024

The resident escalated her complaint to stage 2 as she was unhappy with the stage 1 response. The landlord acknowledged this request 3 days later.

11 April 2024

The landlord apologised to the resident for the delay in providing its stage 2 complaint response. It said it hoped to provide a response by 22 April 2024.

22 April 2024

The landlord issued its stage 2 complaint response. It said:

  • it accepted the resident’s flooding could have been avoided with earlier drainage attendance
  • a CCTV survey showed a collapsed drain section, and this had been repaired
  • later blockages in the drain were caused by inappropriate items flushed by others
  • there was a delay in arranging the oven deep clean and this was a failing
  • it failed to raise 2 repair jobs relating to the extractor fan and storage cupboard and this was failing
  • it deep cleaned the kitchen floor, and carpets and bathroom flooring were renewed as a goodwill gesture
  • it reiterated that the accommodation reimbursement could not proceed without a VAT receipt or valid booking confirmation
  • it acknowledged its delays in its complaint handling
  • it offered increased compensation

Referral to the Ombudsman

The resident came to this Service because she remained unhappy with the outcome and issues were ongoing.

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 resident’s reports of sewage leak and associated repairs

Finding

Service failure

  1. In September 2023 in her stage 1 complaint the resident asked the landlord about the repairs required to her home following her report of a sewage leak which the landlord was delayed in attending to.
  2. The landlord’s records show on 18 August 2023, the resident reported a drain in her garden was overflowing with faeces and there was a vulnerable child in her home.
  3. On 20 August 2023 the resident reported her bathroom had flooded and water had gone through the ceiling below and the electrics had been affected
  4. In its stage 1 complaint response, the landlord told the resident it was delayed in attending to the overflowing drain and it apologised to the resident. It had cleared the drain, and it was left free flowing. But a follow up visit confirmed a recurring issue due to a break in the line. It said it had undertaken a full deep clean and an oven clean was being arranged.
  5. The landlord said the repairs were due to start in September 2023 but, needed to be rearranged at the resident’s request due to illness and inconvenience. The works began in December 2023 as agreed on a room-by-room basis to suit the resident’s family needs.
  6. It offered £165 for the delay in the attending the emergency call out, missing the call out on 18 August 2023 and for the resident having to chase the landlord. This was in line with its compensation policy.
  7. The landlord’s records show multiple repair jobs were raised between August 2023 and December 2023 relating to the drainage issues and repair works. These were raised as both emergency and routine repairs.
  8. After the resident escalated her complaint and said there was missing information from the stage 1 response about the attitude of the landlord’s carpet fitter, the landlord issued its stage 2 complaint response.
  9. It said if it had attended to the sewage leak earlier it could have prevent the bathroom leak in the resident’s home. It outlined further work had been completed on the drain to renew a collapsed section on 1 September 2023. It also said the latest blockages were because of inappropriate items being flushed down the toilet by others.
  10. It said it was acting by arranging a letter to all residents on the estate to remind them to only flush toilet paper down the toilet.
  11. It accepted it had not raised repairs works relating to the bathroom fan, bathroom cupboard or the oven clean and apologised.  It also stated it had attempted to attend for the oven clean but was unable to gain access. It asked the resident to contact it to organise an appointment.
  12. The landlord said it had booked in a future appointment for the bathroom cupboard work and advised the Area Manager would contact the resident about next steps for the bathroom fan.
  13. The landlord apologised to the resident that the issue of the inappropriate attitude of the carpet fitter had not been addressed at stage 1 and acknowledged its failure.
  14. The landlord offered a total of £815 in compensation, which was reasonable and in line with its policy for cases involving considerable failure.
  15. However, when the resident approached this Service, she explained that she continued to experience drainage issues, some repair works remained unfinished, and she had been distressed when the drains blocked again. The landlord’s own records confirm that further problems with the drains were reported in April and May 2024, indicating that the situation had not been fully resolved.
  16. Although the landlord had taken steps to address the drainage problems, the issues persisted after its final complaint response, showing that the root cause had not been fixed. This represented a continued failure in service to the resident. In line with our dispute‑resolution principles, the matter had not been fully put right.
  17. While we have not awarded additional compensation beyond the £815 already offered, we have ordered the landlord to apologise and carry out an inspection of the property. Had the landlord not taken steps to put most issues right, this would have amounted to maladministration.

Complaint

The resident’s reimbursement for the temporary move from her home

Finding

Service failure

  1. When she made her stage 1 complaint, the resident told the landlord she was awaiting reimbursement for her temporary move accommodation.
  2. In its stage 1 complaint response the landlord told the resident it had arranged for a temporary move for her and her family, but the resident did not wish to be in 2 separate rooms, and the resident sourced her own accommodation which was a caravan advertised on Facebook.
  3. The landlord asked the resident for a copy of the booking confirmation or a bank statement.  But the receipt provided was not a VAT receipt or booking confirmation, so it was unable to reimburse her. It advised the resident to go back to the person or company she had rented from to ask for this, or to provide a bank statement showing the transaction.
  4. When the resident escalated her complaint, she told the landlord she had still “had no word about all the money I had to pay out” for the temporary move.
  5. In its stage 2 complaint response the landlord told the resident it was “satisfied the team had acted in line with policy” relating to the temporary move. It said it had approved the resident to find her own alternative accommodation and advised her on the same day that it would need either a VAT receipt or booking confirmation to reimburse the cost.
  6. It also said the resident had sent a screenshot of a bank transfer for £700 but it had not received either the VAT receipt or booking confirmation. It advised the resident again how to try and get either of these items.
  7. The landlord’s records show it told the resident on 21 August 2023 it “cannot guarantee full repayment on decant if tenant chooses to rent caravan.” But its records do not document a reason for that statement. It also does not show that a VAT receipt or booking confirmation were mentioned to the resident at this stage.
  8. This Service has not seen a policy relating to temporary moves so are unable to confirm the landlord’s policy around temporary moves.
  9. The landlord did tell the resident how she could be reimbursed after raising her complaint. There was an opportunity to confirm with the resident at an earlier stage, in writing, of the requirements for reimbursement. We have made a recommendation relating to this.
  10. It was reasonable for the landlord to require proof the temporary accommodation was used prior to refunding the costs to the resident.
  11. But the landlord did not demonstrate what further actions or support it provided to help the resident supply satisfactory evidence for reimbursement, beyond repeating its request of a VAT receipt or booking confirmation. This lack of guidance and support amounted to a service failure. As a result, we have ordered the landlord to apologise to the resident and to meet with her directly to discuss the reimbursement process.

Complaint

The handling of the complaint

Finding

Reasonable redress

  1. On 22 September 2023 the resident made her stage 1 complaint. The landlord acknowledged this on 25 September 2023.
  2. On 14 December 2023 the landlord issued its stage 1 complaint response. This was 59 working days from the acknowledgement. This was unreasonable in the circumstances because it was not in line with the Ombudsman’s Complaint Handling Code.
  3. But the landlord apologised for the delay and offered £50 compensation for the response being delayed.
  4. On 15 January 2024 the resident escalated her complaint. On 18 January 2024, the landlord acknowledged this request.
  5. On 11 April 2024 the landlord advised the resident there was a delay in providing its complaint response.
  6. On 22 April 2024 the landlord issued its stage 2 complaint response. This was 66 working days from the complaint acknowledgement.  It apologised to the resident and offered an additional £50 compensation for this delay.
  7. There was reasonable redress in the landlord’s complaint handling. It was delayed at both stages of the complaints process and did not consistently inform the resident. But it apologised for its delays and offered appropriate compensation. We have made a recommendation to the landlord about its complaint handling.

Learning

Knowledge information management (record keeping)

  1. The landlord provided sufficient information to allow the investigation to be conducted.

Communication

  1. The resident was required to repeatedly chase the landlord relating to the issues being experienced. A landlord should ensure its staff respond to residents in a timely manner. We have made a recommendation relating to this.