Abri Group Limited (202205248)

REPORT

COMPLAINT 202205248

Abri Group Limited

28 June 2023

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 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 regarding the landlords;
   1. response to the resident’s request for replacement windows and doors; and.
   2. complaints handling.

Background

2. The resident has occupied the property under an assured tenancy, since March 2019. The resident gained the property by way of a mutual exchange. The property is a large flat converted from an old convent, it falls within a conservation area. The landlord acquired the property in February 2020 from another landlord.
3. On 9 July 2021 the resident made contact with the landlord to complain about the length of time she had waited for the windows and doors within the property to be replaced. The landlord responded the same day acknowledging the complaint and advising it had been raised at stage one.
4. The landlord issued its stage one response on 24 August 2021. It partially upheld the complaint and apologised for the length of time the replacement windows were taking. The landlord stated the delay was due to the COVID-19 lockdown putting a stop to its planned works. It also stated further delays due to the property being within a conservation area. It confirmed it had submitted a pre-planning application to the local authority and it was awaiting a response. The landlord advised that it would provide the resident with the reference number of the pre-planning application when it was received.
5. On 28 January 2022 the resident contacted the landlord to advise the complaint was still ongoing. The resident advised they were unhappy with the ongoing wait for windows and doors to be replaced, the pre-planning reference number not being given to them and their raised heating bills. On 31 January 2022 the landlord acknowledged the complaint and advised it had been raised at stage two.
6. The landlord issued its stage two response on 9 March 2022. The landlord upheld the complaint. It apologised for the lack of clarity and updates in its stage one response. It made a commitment to improving its service and it advised that due to COVID-19 delays and further discussions between itself and the local authority it’s previous completion date of 2022/2023 was now out of reach. It advised the works were scheduled to be completed in 2023/2024.
7. After this service became involved the landlord sent further correspondence to the resident on 1 November 2022 apologising for the quality of the complaint handling and offering £200 compensation. The resident remains dissatisfied with the outcome of the complaint, nonetheless. As a resolution the resident would like the doors and windows to be replaced by the end of 2023 and compensation for their increased energy bills.

Assessment and findings

The landlord’s response to the resident’s request for replacement windows and doors.

8. The landlord’s Repairs and Maintenance Policy states its aims and objectives as “to keep in good repair the structure and exterior of buildings”. The landlord is responsible for keeping the windows and doors in the property in a good state of repair. However, social landlords have limited resources and are expected to manage these resources responsibly, to the benefit of all their residents. In view of this, landlords are entitled to opt to repair damaged items such as windows rather than replacing them. However, the windows should be replaced if they cannot be economically repaired. If it is not clear whether the windows can be repaired or should be replaced, the landlord should hire a specialist surveyor to attend the property and assess the condition of the windows and give recommendations to the landlord on the next steps to take.
9. In this case, the landlord hired a surveyor in 2020 to complete a report on the repair status of the property. This was an appropriate step for the landlord to take as it needed an expert opinion on the condition of the windows and doors and the  possibility of repairs. The surveyor concluded that the windows could not be repaired to an appropriate standard and would require replacing.
10. This Service notes the surveyor’s comment that other houses within the block had similar windows so needed to be included in the same programme. It is good practice for landlords to schedule major works, such as window and door replacements, in advance and to have a programme of such works so multiple properties can be renovated at the same time. However, landlords are still expected to carry out window and door replacements, outside of a major works programme, if it is necessary to do so based on the conditions of that particular property.
11. This Service acknowledges the residents frustration at having a replacement date far in the future but accepts that this is common practice for major works and as such is not a service failure.
12. The landlord acknowledged that there have been delays to the planned replacement works. This Service accepts that COVID-19 and the conservation status of the building would cause service delays, however, the landlord is expected to take appropriate steps to resolve the issue as soon as possible.
13. The landlord initially advised the works would be done in 2021. The landlord then, sent a letter to all residents in November 2021 advising the works were delayed until March 2023. The landlord then stated in its stage two response to the resident that the works would be completed in 2023/2024. This service has seen no evidence that the landlord acknowledged the impact that the continuously changing dates would have had on the resident and her expectations.
14. The lack of communication from the landlord on these date changes contributed to the residents uncertainty as to whether the repairs were happening and added to the distress caused.
15. The landlord explained to the resident that part of the delay in undertaking this work was that it needed to apply for planning permission and await approval. It advised the resident that it would be making this application on 9 August 2021. While it advised the resident that this could take up to eight weeks, by the time of its complaint response, the landlord changed its tune suggesting that the application for full planning permission could be a “lengthy process”. This made it more difficult to manage the resident’s expectations and would have resulted in some uncertainty.
16. The resident requested the planning application number be provided to her and the landlord confirmed on 16 August 2021 it would pass this on once it was known. The resident requested this reference number again on 1 December 2021. This Service has seen no evidence that this reference was ever shared.
17. At stage two of the complaints process the resident requested the landlord consider the increase in their heating bill due to the condition of the windows and doors. The landlord did not address this in its complaint response and therefore, no remedy was offered to the resident.
18. Although there will be differences in what a resident may consider a comfortable living temperature, landlords have a responsibility to ensure that accommodation provided enables its residents to stay warm.
19. The Homes (Fitness for Human Habitation) Act 2018 places an obligation on landlords to ensure that its properties are safe, secure, warm and dry. It acknowledges that low household temperatures pose a variety of health risks, particularly when they last for prolonged periods, and subsequently encourages landlords to proactively seek to address this.
20. This would include taking reasonable steps to address unnecessary and/or problematic drafts that could be reducing the temperature of a residents home. Residents should be capable of heating and maintaining a good temperature, at a reasonable cost, and the landlord should take action to combat anything that prevents a resident from doing so.
21. As such, on receiving the residents reports of increased heating bills, the landlord should have taken reasonable steps to assess the living situation and to consider whether action needed to be taken.
22. On receipt of the resident’s concerns on 28 January 2022, this Service would have expected a proactive response, and within a reasonable time. This Service has seen no evidence which suggests the landlord made contact with the resident to discuss her energy costs or attempted to signpost to relevant support services.
23. In its review, around November 2022, the landlord stated that it would not offer compensation for increased energy bills as, under the mutual exchange process “customers accept a property as seen and as provided with Energy Performance Certificate for the property”.
24. By conducting an online search this Service is aware of the Energy Performance Certificate (EPC) for the property. The EPC assessment was carried out in 2012 and rated the property a band D.
25. This Service acknowledges that the EPC was still valid at the time of the complaint in 2022, however, as the EPC would be due for renewal that same year, the landlord could have conducted an energy assessment on the property. It appears to this Service that an assumption had been made that the energy costs remained the same as they were when the resident acquired the property. There was no thought given to the possibility that the properties energy efficiency may have worsened – resulting in higher bills. The landlord had made no attempt to investigate this.
26. Despite its handling of matters, the landlord made no offer of redress to the resident. Given the landlord’s communication failings, this would have been fair in recognising the resident’s trouble and inconvenience in repeatedly having to request updates. Moreover, as the planned works had been given a further date, and in light of the resident’s concerns about excessive energy use, it would have been appropriate for the landlord to have confirmed for itself that the property was energy efficient. This Service has seen no evidence that it took any of this into consideration, but only that it pointed to an EPC certificate from 2012.
27. As such, this Service has determined that there was maladministration and has made an order below for the landlord to offer compensation to accurately reflect the distress and inconvenience caused to the resident.

The landlord’s complaints handling.

28. The landlords Customer Relations Policy states that all complaints will be responded to within ten working days, extended to 20 working days in certain scenarios. It states that when these scenarios arise it will contact the customer to confirm the delay, explain the delay and agree how often it will keep them updated on progress.
29. The resident made a stage one complaint on 9 July 2021. The landlord acknowledged the complaint the same day. The landlord issued its stage one response on 24 August 2021, 32 working days after the complaint was raised.
30. The resident made a stage two complaint on 28 January 2022. The landlord acknowledged this complaint on 31 January 2022. The landlord issued its stage two response on 9 March 2022, 28 working days after the complaint was raised.
31. By failing to respond to the resident’s stage one and stage two complaint within an appropriate timeframe, the landlord contributed to the residents uncertainty about whether the complaint was being taken seriously.
32. The Ombudsman’s Complaint Handling Code (CHC) is a guidance document which sets out the Ombudsman’s expectations for how landlords should handle complaints. The CHC states “Landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate”.
33. The residents initial complaint raised the issue of both the windows and doors requiring replacement. The landlord did not acknowledge the door replacement at any point within the stage one or stage two response.
34. The residents stage two complaint raised the issue of increased heating bills. The landlord did not acknowledge this in its stage two response.
35. By failing to acknowledge these aspects of the complaint, the landlord contributed to the residents uncertainty about whether the complaint was being taken seriously and whether they were being listened to.
36. The landlord offered no redress for poor complaints handling. The landlords Putting Things Right policy states that compensation of up to £500, depending on the severity of the service failure, can be awarded.
37. In its later review, around November 2022, the landlord acknowledged that it failed to address the residents concerns regarding the condition of the doors and increased energy bills in its responses. It also acknowledged poor complaint handling and that its responses lacked empathy with regards to the length of time taken to provide the resident with an update. The landlord apologised and offered £200 compensation for the quality of the complaint handling.
38. This service expects the landlord to undertake a sufficient investigation and review all circumstances of the case at stage two. Had this been done, the landlord may have identified its failings at stage one and not repeated those at stage two. It appears to this Service that the landlord only undertook a further review after the issue had been brought to the Ombudsman for investigation. Had the landlord made the offer of redress during the complaints process it may have been satisfactory in putting things right.
39. As it did not, however, this Service has determined that there was service failure. This Service is content that the landlord has made a fair offer of redress and so will not be seeking to make a further award, however the adverse finding in this case should encourage future learning for the landlord.

Determination

40. In accordance with paragraph 52 of the Housing Ombudsman scheme, there was maladministration in the landlord’s response to the residents request for replacement windows and doors.
41. In accordance with paragraph 52 of the Housing Ombudsman scheme, there was service failure in the landlord’s complaints handling.

Orders and recommendations

Orders

42. In light of the above, the Ombudsman has made the following orders for the landlord:
    1. To pay the resident £500 comprised of:
       1. £300 in recognition of the failings in response to the request for replacement windows and doors.
       2. £200 in recognition of the complaints handling failures, this is inclusive of the £200 already offered following the landlords review in November 2022.
    2. To provide the Ombudsman with evidence of compliance with these orders within four weeks of this determination.

Recommendations

43. It is recommended that the landlord conduct an energy assessment of the property and provide the resident with next steps, as well as signpost the resident to support services should she need further assistance with her bills.
44. It is recommended that the landlord reviews its staff training requirements regarding its complaint handling procedure to ensure that it follows the complaints process correctly going forward.