East Devon District Council (202446740)

Decision
Case ID	202446740
Decision type	Investigation
Landlord	East Devon District Council
Landlord type	Local Authority / ALMO or TMO
Occupancy	Secure Tenancy
Date	27 May 2026

Background

1. The landlord installed a new bathroom at the property. During the works, the resident reported a hole above the bathroom window, and the rear wall of the property were soft. She was unhappy with the delays completing the bathroom installation, window and wall repairs. The resident later reported 2 gas leaks at the property. She said this left her without cooking facilities for several days. She was unhappy with the amount of compensation offered.

What the complaint is about

2. The landlord’s handling of the resident’s:
   1. bathroom upgrade, window and wall repairs
   2. reports of a gas leak
   3. complaint

Our decision (determination)

3. There was maladministration in the landlord’s handling of the resident’s:
   1. bathroom upgrade, window and wall repairs
   2. reports of a gas leak
   3. complaint

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

Summary of reasons

Bathroom upgrade, window and wall repairs

4. The landlord’s responses did not go far enough in putting things right. Its communication was poor and it did not keep to its Repairs Policy. Its compensation was not proportionate to its failings and it did not show learning from the complaint.

Reports of a gas leak

5. The landlord’s investigation into the gas leak was poor and it missed opportunities to put things right sooner. It did not offer reasonable compensation.

Complaint handling

6. The landlord did not follow its Complaints Policy or the Complaint Handling Code (the Code). It did not show learning from the complaint as its poor communication and delayed responses continued.

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 24 June 2026
2	Compensation order The landlord must pay the resident £630 made up as follows: £150 already offered at stage 2 for the distress and inconvenience caused by its handling of the bathroom, window and wall repairs £150 to recognise the distress and inconvenience caused by its repair delays and poor communication £90 to recognise the inconvenience of having no gas £140 to recognise the additional expenses incurred for 7 days of no gas £100 to recognise the loss of confidence caused by its complaint handling This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid.	No later than 24 June 2026
3	Survey The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by an externally appointed independent surveyor with expertise to complete the type of inspection required. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that the surveyor: inspects the bathroom window joists, soffits, and rear wall of the property and produces a written report with photographs The survey report must set out: whether the property is fit for human habitation and whether there are any hazards the most likely cause of the soft rear wall whether further remedial repairs are required to the bathroom window joists of soffits whether the landlord is responsible to repair or resolve the issue together with reasons where it is not responsible a full scope of works to achieve a lasting and effective repair  to the issue (if the landlord is responsible) the likely timescales to commence and complete the work whether temporary alternative accommodation is necessary either because of the condition of the property or during the works When the inspection is completed, the landlord must: agree a communication plan with the resident to ensure it provides updates on any changes in timeframes and details of any further necessary works if required provide a named point of contact for the resident for these repairs write to the resident to confirm the communication plan, point of contact, and a timeframe for when work will likely begin and finish The landlord must provide documentary evidence of the above by the due date.	No later than 08 July 2026

 

Recommendations

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

Our recommendations
The resident has raised concerns about the whether the landing window has appropriate soffits and joists. We recommend that the landlord inspects this as part of the survey to help ensure there are no further structural concerns.

Our investigation

The complaint procedure

Date	What happened
12 September 2024	The resident made a complaint. In summary, she said: on 14 February 2024 the landlord began the bathroom upgrade, but it had not completed the works there was a large gap above the bathroom window and no joist on the soffit above the window the landlord inspected the crumbling rear wall, said it needed replacing, and did not make an appointment with her To resolve her complaint, she asked the landlord to complete the repairs by 31 October 2024.
26 November 2024	The landlord gave its stage 1 response. In summary, it said: it would raise a repair for the window and joist once it had received the repair quotes on 6 September 2024 it inspected the window and found the brickwork required further investigation on 8 May 2024 it took down the rear cavity wall and had recently raised the remedial work it was working with its contractors to ensure all the works were completed it apologised and offered £75 compensation for its repair delays
9 January 2025	The resident escalated her complaint. In summary, she said: £75 compensation did not reflect the distress and inconvenience of regularly cleaning brick dust and falling bricks she was without heating, hot water and cooking facilities for 5 days during Easter Bank Holiday in April 2024 as the contractor had hammered a nail into a gas pipe she asked it to reimburse her £100 for the household’s microwave meals during that period the landlord had not kept to its Complaints Policy and had not contacted her to arrange the outstanding repairs she asked the landlord to update her by 30 January 2025
1 May 2025	The landlord gave its final response. In summary, it said: it increased its compensation offer to £150 in recognition of the delays, re-arranged appointments and accidental damage on 19 February 2024 the resident reported a gas leak and was without gas for less than 24 hours it was reviewing its processes to improve compliance with its Complaints Policy the resident had cancelled the bathroom window repairs as she did not feel it would solve the issues and the rear wall needed to be rebuilt the resident had cancelled the insulation works as she was concerned about it being blown into the property, but it would install insulation once it had finished the wall repairs it had inspected the wall and was creating a plan
Referral to the Ombudsman	The resident referred her complaint to us. She said the landlord had not finished the repairs and did not thoroughly investigate the gas leaks. She disagreed that she had cancelled appointments and was unhappy with the landlord’s responses. To resolve her complaint, she wanted the landlord to: apologise compensate her for the periods without gas, purchase of microwave meals, and overall distress and inconvenience it had caused provide a date for when it will install a window joist and repair the rear wall

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 landlord’s handling of the resident’s bathroom upgrade, window and wall repairs.
Finding	Maladministration

7. On 14 February 2024 the landlord began the bathroom upgrade. It is unclear when, but between April and July 2024 the resident reported a hole above the bathroom window. She said it had no joists and reported the property’s rear wall was soft.
8. This raises concerns about the landlord’s record keeping. Landlords should have systems in place to maintain accurate records of repair reports, responses, investigations, and communications. Good record keeping is vital to evidence the action a landlord has taken, and failure to keep adequate records indicates that the landlord’s processes are not operating effectively.
9. During this time, the resident asked the landlord for updates on at least 3 occasions. The landlord’s Repairs Policy requires it to keep residents informed of progress and delays. However, there is no evidence it did so until it visited on or around 21 August 2024, where it noted further brickwork and window repairs were needed.
10. On 6 September 2024 the landlord attended again and sealed the bathroom window and recorded the same issues. It is unclear why this visit was needed, given the earlier findings. This suggests the landlord’s repairs oversight was poor and likely caused the resident frustration and inconvenience.
11. On 12 September 2024 the resident complained as the repairs remained incomplete. There is also no evidence the landlord had raised follow on repairs for the wall or window at this stage. While it acknowledged this and its overall delays in its stage 1 response (dated 26 November 2024), its £75 compensation did not go far enough in putting things right.
12. The landlord’s Remedies Policy allows awards of up to £300 where it has caused the resident distress, inconvenience, time and trouble. The landlord’s delays prolonged the resident’s uncertainty as to when the repairs would be completed. She also explained her wellbeing was being affected. Considering this, the landlord’s offer was not proportionate to it failings or consistent with its policy.
13. In its response, the landlord also said it had attended on 8 May 2024 to remove part of the rear wall cavity and had now raised the relevant repair. It set a repair target date of 9 January 2025. However, it did not agree a follow-on appointment, as required by its Repairs Policy. This left the resident uncertain about timeframes.
14. On 9 January 2025 the resident escalated her complaint as she was unhappy with the length of time taken to complete the repairs and the level of compensation it offered.
15. The landlord subsequently carried out window repairs between 12 and 28 March 2025. Its records do not clearly set out whether it installed the soffits as planned. This was nearly 12 months after the issue was reported.
16. While the Repairs Policy does not set timescales for complex repairs, the Landlord and Tenant Act 1985 says landlords must complete repairs in a reasonable timeframe. The tenancy agreement also says it must keep the walls and windows of the property in good condition.
17. The landlord did not show due regard to its obligations. Repairs remained outstanding for several months, leaving the resident to clear bricks and debris. She spent time and effort pursuing the repairs.
18. On 1 May 2025 the landlord gave its stage 2 response, which did not go far enough in recognising the impact of its delays and poor communication.
19. The landlord said the resident contributed to the delays by cancelling the insulation and window appointment. However, evidence shows she questioned whether these works were appropriate given the outstanding brickwork issues.
20. The landlord also said that brickwork repairs were required before window and insulation works. This inconsistency likely caused the resident confusion and frustration.
21. While the landlord increased its compensation offer to £150, it was still not proportionate to its failings. The resident had spent more than a year chasing the repairs and did not consider them complete. She has told this service that the rear wall and joist issue had not been resolved.
22. The landlord later installed the insulation on or around 12 May 2025. This significantly exceeded its target date of 9 January 2025. The resident’s confidence in the landlord to complete the repairs was likely undermined.
23. Overall, the landlord’s handling of the repairs was poor. It did not manage the works effectively or keep the resident informed, unreasonably placing the onus on her to seek updates. Its compensation did not reflect the extent of its failings, and it is unclear that all repairs were completed to a reasonable standard. As it is unclear whether works to the joists or soffits are required, and the available records are inconsistent, we have ordered an independent survey to put things right.
24. These failings caused the resident avoidable distress, inconvenience, time and trouble. Our compensation order includes the landlord’s stage 2 offer and reflects both its Remedies Policy and our compensation guidance.

Complaint	The landlord’s handling of the resident’s reports of a gas leak.
Finding	Maladministration

25. On 19 February 2024 the resident smelt gas after the landlord attended to secure floorboard nails in place. She contacted the gas network provider, who attended and capped the gas supply.
26. Later that evening, the resident told the landlord it had hammered a nail into the gas pipe. Evidence shows that she and her household were left without heating, hot water and cooking facilities for 24 hours. This likely caused the resident distress and inconvenience. The landlord attended the following day to rectify the leak and reinstate the gas supply.
27. While the landlord’s Repairs Policy requires it to attend within 4 hours, this was not necessary as the gas network had attended. Therefore, attending the next day, on 20 February 2024, to repair the pipe was reasonable.
28. The resident did not include this concern in her stage 1 complaint, so the landlord did not address it at that stage. However, in her escalation dated 9 January 2025, she said she had been without gas on 19 February 2024 and again over Easter 2024.
29. In its stage 2 response, dated 1 May 2025, the landlord said the loss of gas lasted 24 hours on 19 February 2024. Evidence shows that on 28 March 2024 the resident had her annual gas safety test. The engineer capped her gas supply again as it found another gas leak on the bathroom pipework. It restored the gas supply on 3 April 2024, 6 days later.
30. The landlord’s investigation into the resident’s reports of gas loss was poor. It did not show it considered the annual gas safety check findings. Had it done so, it would have identified the resident was without cooking facilities for 6 days, and a further 1 day in February 2024.
31. While the landlord offered the resident £150 compensation for all of her concerns, it did not clearly explain how the amount had been calculated. We have apportioned all of this amount for the bathroom upgrade, wall and window repairs.
32. There is also no evidence the landlord provided alternative heating and hot water during this time. As the landlord’s policies are silent in relation to compensation, we have considered our compensation guidance. This sets out that payments of £15 per day are appropriate for a complete loss of heating and hot water. Although the total period was 7 days, we have based the award on 6 days, as the first period lasted less than 24 hours. We have made an order to this effect.
33. The landlord’s Remedies Policy also allows it to reimburse any quantifiable losses and put the resident back into the position had the fault not occurred. Considering this, and the resident’s purchasing of microwave meals, it would have been fair and reasonable for it to compensate her. We have made an additional compensation order to reflect this.
34. Overall, the landlord’s response to the resident’s reports about the gas outages was poor. It did not carry out a thorough investigation and did not fully acknowledge the extent of its failures. It missed the opportunity to apologise and offer proportionate redress.
35. These failings caused the resident avoidable distress, inconvenience, time and trouble. Our compensation order reflects both its Remedies Policy and our compensation guidance.

Complaint	The handling of the complaint
Finding	Maladministration

36. The Complaint Handling Code (the Code) sets out when and how a landlord should respond to complaints. Our findings are:
37. The landlord did not acknowledge the resident’s complaint, dated 12 September 2024, as required under the Code and its policy. This likely caused the resident frustration, as she asked for an update at least once.
38. On 26 November 2024the landlord gave its stage 1 complaint response, 53 working days later. While its complaint definition was consistent with the Code, its response exceeded the 10-working day timeframe set out in the Code and landlord’s policy.
39. Although the landlord apologised, it did not offer compensation, which its Remedies Policy allows. This suggests awards between £50 and £100 where its complaint handling failures have had an adverse effect on the resident. It would have been reasonable for the landlord to apply this, given the uncertainty it caused.
40. On 9 January 2025 the resident escalated her complaint, but the landlord did not acknowledge this again. On 7 February 2025 the landlord extended the complaint response deadline. This was in line with the Code, which allows extensions of up to 20 working days. However, it took a further 58 working days to give its stage 2 response, dated 1 May 2025.
41. This fell 38 days outside of the 20-working day timeframe set out in the Code and its policy. This was an unreasonable delay and undermined the resident’s confidence in the landlord’s complaint handling. While the landlord apologised, this did not go far enough in putting things right.
42. Overall, the landlord’s complaint handling and communication were poor. It did not show learning from the repeated delays and failed to apply its Remedies Policy. Its responses did not reflect the impact of these failings on the resident. She remained uncertain about when the landlord would give its response.
43. Our compensation order reflects these failings, the landlord’s Remedies Policy and our compensation guidance. These both suggest compensation awards of up to £100 where its failings cause distress, inconvenience, time and trouble.

Learning

44. The landlord’s approach to, and oversight of the repairs has been slow. It could consider whether it has adequate systems in place to identify repairs that have been outstanding for prolonged periods. This would reduce delays and improve the resident’s experience.

Knowledge information management (record keeping)

45. The landlord’s records were unclear as to when repairs were reported and what took place. It could consider improving how it records and maintains communication notes to ensure they are accurate. This would help support effective decision-making and help avoid unnecessary delays.

Communication

46. Clear, early and regular communication is essential for managing residents’ expectations. When landlords explain what will happen, when, and why, residents understand the process and the reasons behind any decisions. This transparency helps build trust and confidence in the landlord’s service delivery and helps reduce uncertainty.