Clarion Housing Association Limited (202221917)

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REPORT

COMPLAINT 202221917

Clarion Housing Association Limited

12 September 2024


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint is about:
    1. The level of compensation paid by the landlord in recognition of damage to personal belongings, and its handling of repairs in the property.
    2. The resident’s concerns about arrears on her rent account and her liability to pay these.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated. After carefully considering all the evidence, I have determined that the complaints, as set out above, are not within the Ombudsman’s jurisdiction to consider:
    1. In line with paragraph 42(f) of the Housing Ombudsman Scheme, the level of compensation paid by the landlord in recognition of damage to personal belongings, and its handling of repairs in the property, is not within the Ombudsman’s jurisdiction to consider.
    2. In line with paragraph 42(a) of the Housing Ombudsman Scheme, the resident’s concerns about arrears on her rent account and her liability to pay these is not within the Ombudsman’s jurisdiction to consider.

Summary of events

  1. The resident is a tenant of the landlord, which is a housing association. The property is a 3 bedroom mid-terraced house. Her tenancy began in May 2018.
  2. The resident instructed a solicitor who submitted a legal claim for disrepair under the pre-action protocol for housing conditions on 21 June 2022. This was in relation to damp and mould affecting 3 bedrooms, the kitchen, living room and bathroom and which had been ongoing since 2018. The letter confirmed that the claim was also for general damages, including the impact of any disruption caused by any remedial works such as decanting, and special damages for loss or damage to belongings. 
  3. The resident raised a complaint in December 2022 due to the length of time the repair issues had been ongoing, her children needing to sleep downstairs due to 2 bedrooms being unusable, and ruined furniture each year which she had needed to replace. The evidence provided by both parties states that the property was condemned by the local authority’s Environmental Health department on 16 December 2022 and the resident was decanted (temporarily moved) from the property on the same day.
  4. The landlord responded at stage 1 of its complaints process in December 2022 and said that as the issues formed part of an ongoing legal disrepair claim, its complaints team were unable to comment further and the matters would be responded to as part of the claim.
  5. Following the resident’s request to escalate the complaint via this Service in October 2023, the landlord issued its stage 2 complaint response on 5 January 2024. In its response, the landlord:
    1. Apologised for the delay in responding to the complaint, and confirmed that its response to the stage 1 complaint was in line with policies at the time. It had since revised its approach where legal recourse had been pursued and a complaint had been made and now provided updates regarding the status of works in question.
    2. Acknowledged that it had not effectively managed the repairs needed. It confirmed that all works were now completed. This included:
      1. The replacement of all windows and external doors.
      2. Mould treatment and redecoration, including new sealant to bathroom fixtures.
      3. Repointing affected areas at the front and rear of the property.
      4. Clearing and re-fixing gutters at the rear of the property.
      5. Renewing the kitchen flooring and refixing all wall units.
      6. Renewing the kitchen and bathroom extractor fans.
    3. Understood the resident was decanted on 16 December 2022 and that she was seeking a permanent move to another property. It confirmed that its housing team would continue to communicate with her and it would also reimburse her for any additional costs incurred as a result of being decanted.
    4. Offered the resident £1,150 compensation, comprised of £800 for its failure to address repairs and the impact this had, £250 for its failure to adequately handle and communicate about the complaints, and £100 for the time taken to complete its response.
  6. The resident moved back to the property in January 2024. The landlord’s records show that all works were completed as of 12 January 2024 when the resident’s washing machine was re-connected. The compensation of £1,150 was paid directly to the resident’s rent account on 16 January 2024 to offset rent arrears.
  7. The resident referred her complaint to the Ombudsman in January 2024 as she was dissatisfied with the compensation offered given the length of time issues had been ongoing, her children had needed to sleep downstairs as their bedrooms were not safe, she and her family missed holidays due to the damp and mould preventing family from visiting and the impact of being decanted. She added that this was not enough to cover the cost of damaged furniture which needed to be replaced, or the impact on her, and her family’s, physical and mental health.
  8. The landlord has confirmed that no proceedings were issued for the disrepair claim and provided evidence that it reached a settlement with the resident’s solicitor on 4 July 2024. The agreement was for £1,600 to be paid in full and final settlement of all general and special damages and it was specified that this would be offset against any rent arrears. It also agreed to pay £3,500 towards legal costs. The landlord has confirmed that this relates to all the disrepair alleged in the letter of claim including distress and inconvenience, damage to belongings and special damages. The landlord has confirmed that this was in addition to the previous compensation offered. The Ombudsman has seen evidence that £1,600 was paid to the resident’s rent account on 16 July 2024 to offset existing arrears.
  9. In communication with the Ombudsman, the resident has said that she did not know about the settlement agreed on her behalf and this had been done without her instruction. She has also disputed arrears on her account and maintained that she was not told she would need to continue to pay rent while decanted. She remained dissatisfied with the compensation offered by the landlord and said that she had raised an insurance claim for her damaged belongings.

Reasons

The level of compensation paid by the landlord in recognition of damage to personal belongings, and its handling of repairs in the property.

  1. The Ombudsman understands that the repair matters were resolved at the time of the landlord’s final complaint response and the complaint brought to this Service relates to the level of compensation offered. In her communication with the Ombudsman, the resident advised that she was dissatisfied with the offer of compensation made by the landlord through its complaints process as this did not adequately take into account the damage caused to personal belongings as a result of the damp and mould issues, the inconvenience caused to her and her family or the impact the issues had on her family’s physical and mental health.
  2. Paragraph 42(f) of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints which, in our opinion, concern matters where we consider it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, other tribunal or procedure.
  3. The resident has stated that the damp and mould, the landlord’s lack of action and the length and impact of being decanted have impacted her household’s health both mentally and physically. Whilst this Service is an alternative to the courts, it is unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health or wellbeing. Nor can it calculate or award damages. The Ombudsman is therefore unable to consider the personal injury aspects of the resident’s complaint. These matters are likely better suited to consideration by a court or via a personal injury claim.
  4. As above, it is also beyond the remit of this Service to draw conclusions on the causation of, or liability for, loss or damage to personal belongings as this is better suited to be dealt with under an insurance claim or via the courts who can make legally binding decisions. It is noted that the resident has said she had put forward a claim for her damaged belongings since the formal complaint.
  5. When the resident approached the Ombudsman, she was dissatisfied with the landlord’s offer of £800 towards the repair aspect of her complaint and did not feel this was sufficient. The landlord has confirmed and provided evidence that the resident’s solicitor accepted a further settlement offer of £1,600 on 4 July 2024 and that the agreed payment was paid into the rent account on 16 July 2024. This is alongside the £800 compensation offered in relation to the repair aspect of her complaint which was paid on 16 January 2024. This brings the total figure paid by the landlord, specifically in relation to the repair issues, to £2,400.
  6. The resident has said she does not feel the settlement compensation offered is sufficient in response to the claim she had raised and disputed that this was accepted with her instruction. It is not within the Ombudsman’s jurisdiction to consider the actions of the resident’s legal representative.
  7. Where a settlement agreement is accepted by a legal representative acting on behalf of a resident as part of a disrepair claim for damages, it is fairly assumed that the resident has been given competent legal advice about the offer made, the effects of accepting the offer and their legal rights and prospects of success if rejecting it. Where a settlement has been accepted, it is not within the remit of the Ombudsman to assess the offer made or accepted, as decisions regarding damages are best suited for court.
  8. All solicitors in the UK and Wales are governed by the Solicitors Regulation Authority (SRA). If the resident believes that her solicitor has not implemented her instructions, she may wish to speak with the firm in the first instance to rectify the situation and raise a complaint if needed. Complaints relating legal service providers are best suited to be investigated by the Legal Ombudsman.

The resident’s concerns about arrears on her rent account and her liability to pay these.

  1. The resident has advised that she was not informed that she would need to continue to pay rent for her property in the period she was decanted between December 2022 and January 2024 and has disputed her liability for the arrears.
  2. Paragraph 42(a) of the Scheme states that the Ombudsman may not consider complaints which, in our opinion, are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
  3. As the resident’s concerns about arrears on her rent account did not form part of her complaint to the landlord, the Ombudsman is unable to adjudicate on this matter. The resident will need to raise a separate complaint to the landlord regarding her concerns to allow it the opportunity to investigate and respond in the first instance.
  4. It should be noted that complaints that relate to the level, reasonableness, or liability to pay rent or service charges are within the jurisdiction of the First-Tier Tribunal (Property Chamber) and the resident would be advised to seek independent legal advice on pursuing her concerns should she remain dissatisfied with the landlord’s response after completing its internal complaints process.