GreenSquareAccord Limited (202342904)

REPORT

COMPLAINT 202342904

GreenSquareAccord Limited

4 October 2024

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

The complaint is about the landlord’s handling of:
1. The resident’s reports of having no heating and hot water and associated repairs.
2. The resident’s report of a leak and outstanding repairs within the property.
3. The resident’s complaints.

Background

The resident is a tenant of the landlord which is a housing association. The property is a flat on the second floor of a converted terraced house. The landlord has a number of recorded vulnerabilities for the resident, including mental health disorders, anxiety and depression, and physical problems impacting his spine, shoulder, and knee.
The landlord’s records indicate that the resident had been away from the property for a period and returned to around March 2021. A repair order at the time indicated that the gas had previously been capped and could not be uncapped due to there being no electricity supply to the property because of a debt on the meter. The resident was informed that he would need to communicate with his utility company.
The landlord’s records show that an annual gas safety service was completed on 9 May 2022. The operatives notes state that the meter had previously been capped and the service had been abandoned. They added that the resident said that he did not wish for these to be turned back on at the time. The matter was referred to the landlord by the engineer as the resident had reported not receiving the support he needed for his mental health and finances. At the time, the landlord spoke to the resident and his utility company on his behalf. Its records noted that the utility company would contact the resident to install a new electric meter and he could then apply for a grant to clear the negative balance once the meter was active. The landlord attempted to contact the resident in May 2022 to determine whether the meter was in place, and the case was closed in September 2022 due to a lack of response.
An electrical inspection was due to be completed at the property in September 2022, but this could not be done as the meter had been removed from the property. The landlord communicated with the resident in November 2022, and he explained that he had attempted to resolve the issue with his energy supplier alongside 2 third parties but the supplier said that they could not reconnect the supply until the debt was cleared. The landlord offered to refer the resident to a specialist energy and financial advice service which he accepted. It initially referred him, but a planned visit did not take place as the resident was unable to stay in for an advisor.
In December 2022, the landlord continued to communicate with the resident regarding his financial circumstances to support him and apply for an energy support fund. It was established that he was not eligible for the support fund and the landlord took steps to contact the energy supplier alongside the resident. It was unable to continue a call on his behalf as the supplier did not accept its authority to act on his behalf and it could not get in touch with him directly. Its records from February 2023 indicate that it had spoken to the resident and referred him to an energy and financial support service.
On 13 March 2023, the landlord raised a work order following reports that the resident’s roof or skylight was causing a leak into the property and related damage. The record shows that the appointment was “shelved” due to no availability. The landlord’s records show that it attempted to complete an annual gas safety check on 10, 21 and 30 March 2023 and 21 April 2023, but there was no answer at the door.
A gas safety inspection then took place in May 2023 which established that the gas was still capped. The engineer had been instructed to uncap the gas; however, this could not be done due to a lack of supply and electricity. Their notes indicate that there was no active electricity meter, and the resident was informed the meter would need to be in credit. The landlord’s records show that it attempted to contact the resident and attend the property in July 2023 in relation to his reports of water ingress, but the number did not dial and there was no access on the day.
The property was attended to as an emergency on 7 September 2023 as the resident had reported water leaking through the light in the ceiling of the bedroom and living room. The operative found that there was no electricity supply to the property and that work was needed to replace the meter tails and function test the electricity. On the same day, a job was raised due to the kitchen window allowing water ingress and the frame rotting. The electricity supply to the property was resolved and tested on 8 September 2023.
The resident informed the landlord on 11 September 2023 that he now had an electricity supply. An appointment took place on 20 September 2023 to quote for scaffolding to access the roof and skylight – this was provided on the same day. An instruction was sent to complete an asbestos survey on 26 September 2023, but this could not take proceed as scaffolding was not in place.
On 12 October 2023, the landlord’s records indicate that it was informed by the resident’s support worker that the meter was in credit. However, records from 13 October 2023 show that the gas meter was off, and the resident would need to contact the supplier to reinstate the gas supply. An appointment was due to be scheduled for 20 or 21 October 2023 to uncap the supply once the resident had contacted the supplier.
The resident raised a complaint on 23 October 2023. This was acknowledged by the landlord on 9 November 2023. He stated that he was a vulnerable adult and had tried to contact the landlord multiple times about the condition of the property. He said that there was damp and mould in the property caused by a leaking roof and 2 windows that needed replacing. He added that the property was cold, damp, and unsafe to live in. There had also been 2 missed appointments to service his gas fire and uncap the gas supply to the property. He currently had no hot water or heating and felt he had received false information about the repairs. He confirmed his intention to approach the Ombudsman after completing the complaints process.
On 27 October 2023, the landlord asked that temporary heaters were provided. The landlord’s records from 30 October 2023 indicate that the back boiler did not pass the relevant gas safety tests as it had been off for 5 years, the radiant did not work and it had seized. A boiler referral was made, and the landlord asked for a quote on 11 November 2023. On 16 November 2023, it was established that the boiler could not be replaced and the landlord intended to convert the property to an electric system. A damp surveyor visited on 17 November 2023 and confirmed the damp in the property was due to water ingress from the roof and Velux skylight window.
The heating system was removed on 29 November 2023 and the immersion heater was left in place for access to hot water. Follow on works were required to make good the area. On 1 December 2023, the resident reported having no hot water from the immersion cylinder. A quote for works required to the roof was approved on 6 December 2023 and the landlord has advised that the heating system was upgraded by its contractors on the same day. It had established that there was an issue with the existing immersion heater and the heater was subsequently replaced on 12 December 2023.
In its initial stage 1 complaint response on 3 January 2024, the landlord:
1. Apologised for the delay in responding to the complaint. It explained that this was due to a higher volume of correspondence and staff absence. It said it had attempted to call the resident but noted that one number did not go through, and the other did not have a voicemail facility.
2. It summarised the history of the resident’s reports of leaks from the skylight from 13 March 2023 and established that the resident had been impacted by poor record keeping on its part and a lack of communication which led to appointment delays and confusion. It had asked a manager to contact the resident within 10 working days regarding the outstanding repairs as it had not had confirmation as to when the contractors would be attending. It confirmed that once the works to the roof and window were completed, it would arrange internal works to rectify water damage.
3. It also summarised the history of the repairs associated with the heating and hot water system from 27 October 2023 onward. It explained that it did not hold records for the period prior to October 2023 as it had ended the contract with its heating contractor. It was pleased to see that the heating and immersion systems had been replaced but appreciated the delays, poor record keeping and poor communication had impacted him.
4. It upheld the complaint due to the length of time he had waited for the leaks to be attended to, the length of time he had waited for the heating system to be changed, the lack of communication meaning he needed help from his support worker, and the impact this had on his wellbeing and enjoyment of his home. It apologised for the number of errors and communication issues, unnecessary delays caused by internal communication, a lack of organisation and poor record keeping as well as the impact of its failings and the distress and inconvenience caused.
5. It offered £1,500 compensation comprised of; £550 for the length of time taken for the leaks to be resolved and the damage to the resident’s flat, £500 for the impact caused by the issues with the heating and hot water system, £350 for its poor communication and £100 for the delay in responding to the complaint.
The resident asked that the complaint was escalated on the same day as he did not feel the level of compensation offered was sufficient given the impact the unresolved issues had on his mental and physical health over 5 years. He had received emergency help for mental health services during the time and his medication had been increased so he could cope with his poor living conditions. He said he had been asking for help from the landlord for a significant period over the phone prior to his support worker becoming involved and there had been missed appointments with no follow-up.
The landlord responded to the complaint at stage 2 on 31 January 2024 and explained that:
1. Its decision remained unchanged following its review of the complaint, and the complaint remained upheld. It apologised for the resident’s experience and that he had been living in conditions which impacted his wellbeing, causing distress and frustration. It added that it was sorry that its failure to act efficiently and effectively impacted his ability to feel safe, warm, and comfortable in his home. While it identified and carried out repairs and replacements, this took, and continued to take, an unacceptable length of time.
2. Its contractor would erect scaffolding on 5 February 2024 to allow works to the window and roof. It would then complete internal repairs once the leak was fixed. It confirmed that it would monitor progress with both the external and internal repairs and ensure he was kept up to date.
3. It understood that the heating and hot water had now been resolved following a full replacement of the system on 6 December 2023 and an immersion heater on 12 December 2023. It ended its contract with its previous heating contractor in October 2023 and said it did not hold records of repairs reported or completed to heating systems prior to October 2023 as these were kept by its contractors. Its records did show that the gas was capped due to a period of absence from the property, but if this was incorrect the resident could let it know and it would update its records to reflect this.
4. It increased its offer of compensation to £2,600. The additional compensation of £1,100 was for the distress caused by its failure to resolve the leak caused by delayed roof and window repairs. The landlord confirmed that the resident could refer his complaint to the Ombudsman if he remained dissatisfied and acknowledged that a full resolution was dependent on it completing the repairs.
In its communication with the Ombudsman, the landlord has explained that it had difficulties in obtaining start dates from its contractors and was provided with a number of dates for the work throughout the beginning of 2024. It has acknowledged that there is no evidence of updates being provided to the resident.
On 1 May 2024, the resident’s support worker reported that repairs were outstanding. These included a hole in the wall where the back boiler was removed (which had been covered in cellophane), the roof leak in the lounge and bedroom, and a leaking skylight window in the kitchen and landing which was soaking the floor. They reiterated that he was a vulnerable adult and not only was the property past the point of repair, he was now struggling to walk up the stairs to the top floor and could not get in and out of the bath. They requested, noting this was out of desperation, that the landlord move the resident from the property in view of the outstanding repairs and impact the circumstances were having on his mental health and wellbeing.
The landlord’s records from 7 May 2024 note that an order was raised to block a hole following the removal of the back boiler.
The landlord issued a stage 1 complaint response on 4 June 2024 and said:
1. It had attempted to call the resident on 22 May 2024 and left a voicemail. It had also attempted to contact his support worker but there was no answer.
2. Work to brick up the hole left following the removal of the back boiler was scheduled for 25 June 2024. In relation to the roof leak, the scaffolding had now been booked in for the week commencing 10 June 2024 and the roofer would attend the following week. Its scheduling team would contact the resident within 5 working days in relation to his reports about the leaking skylight.
3. It upheld the complaint as it had not progressed works since the last time the matter was investigated. It understood that this had a significant impact on the resident in view of his vulnerabilities. It apologised for the distress and inconvenience caused. It offered £300 compensation, comprised of: £100 for not carrying out repairs, £100 for its failure to provide updates and £100 for his time and trouble in pursuing the matter.
On 11 June 2024, the resident asked for the complaint to be escalated. He said:
1. He was lied to about the repairs and needed to waste money on electricity due to repair problems and large gaps around the skylight window and wall. He noted that the previous response said that someone had tried to call him and left a voicemail which was a lie as his phone had no voicemail facility.
2. There was water running down the walls and ceiling when it was raining and he needed to turn the electricity off at the mains due to water entering the lights. When he needed to turn the electricity off, he was without lighting and heating and could not cook food so had to eat out which he did not feel was fair. He reiterated that he had severe mental health issues and disabilities and could not live in the conditions any longer.
Scaffolding was placed on 18 June 2024. On 25 June 2024, the hole in the wall (related to the boiler removal) was reportedly bricked up and the landlord’s records from 26 June 2024 show that the area was ready for plasterboard. Roofing work to replace and line the valley of the roof and relay slates, and work to replace the skylight were reported as completed on 27 June 2024.
The landlord issued a stage 2 response to the resident on 3 July 2024 and explained:
1. It was sorry that the resident felt it had been dishonest about the repairs. It had found all information provided to be correct. The resident had not specified which call he was referring to, but it confirmed that there was a call on 4 June 2024 to book the repair for the hole in the wall and a possible call on 19 June 2024 for the roof repair.
2. The resident had made it aware of the leak causing cold, damp and water damage, but he had not said this had penetrated the electrics meaning he needed to turn them off. On this basis, it could not offer direct compensation for loss of lighting, heating, or cooking facilities. It could not conclude that it had failed to recognise his circumstances as it was not made aware. It said that if the resident was able to provide copies of his electricity bill, which showed an increase since he had been experiencing issues with the skylight, it would consider this further.
3. It confirmed that the hole in the brickwork was bricked up on 25 June 2024. It added that its planning team was due to contact him by 11 June 2024 regarding the skylight but did not make him aware of the date for the repairs. It apologised that it had failed to inform him that the repairs to the roof and window would be completed on one job.
4. It initially informed the resident that the roofers would attend the week after scaffolding was placed but they did not attend until 25 June 2024. The works were marked as completed but it would be arranging a post inspection to ensure the leak was resolved.
5. It acknowledged that there had been continued poor communication regarding the repairs which led to an extended resolution time for which it apologised. It upheld the complaint due to poor and inconsistent communication, failure to resolve his query in a timely manner, continued failure to complete repairs within its repairs policy timescales and failure to carry out actions agreed at stage 1.
6. It offered an additional £350 compensation, comprised of £50 for poor communication, £100 for the additional repairs delays, £100 for distress and inconvenience caused and £100 for his time and trouble.
The landlord’s records show that remedial work to the plastering and decorations around the skylight was raised on 8 July 2024 and noted that there were holes in the roof around the skylight. Plastering was also needed where the wall had been bricked up and this was booked for 6 August 2024. The plastering works to the skylight were reported as completed on 19 August 2024. In his communication with the Ombudsman in September 2024, the resident said that there was still water coming in through the roof. He specified that he wants additional compensation for damage to the paintwork, for the landlord to fix the ongoing leak, and compensation for damaged furniture.

Assessment and findings

Scope of investigation

Throughout his communication, the resident has referred to how his living conditions have impacted his health and wellbeing. The Ombudsman does not doubt this. However, it is beyond our remit to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is more appropriate to be dealt with through the courts or as a personal injury claim. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident and whether the landlord adequately considered his vulnerabilities.
The resident has also advised that he is seeking compensation for the damage caused to his personal belongings due to the property condition and leaks. As above, it is not our role to determine liability for damaged possessions and the resident may wish to make an insurance claim. An order had been made below for the landlord to provide its liability insurance details and support the resident in pursuing a claim for damaged items if needed.

Policies and procedures

The tenancy agreement states that the landlord is responsible for repairs needed to the structure of the building. This would include the roof and windows as well as internal walls but not painting and decoration. In addition, the landlord is responsible for ensuring that the installations for the supply of water, space heating, electricity, and gas are in working order. The resident is responsible for meeting all utility bills, including water, gas and electricity charges.
The landlord’s repairs policy confirms that emergency repairs should be completed within 24 hours. Routine repairs should be completed within 28 days and planned repairs should be completed within 84 days.
The landlord’s complaints policy stated that it had a 2 stage formal complaints process when a complaint could not be resolved informally in the first instance. At stage 1 (step 2), it aimed to respond within 10 working days. At stage 2 (step 3), it intended to respond within 20 working days.

The resident’s reports of having no heating and hot water and associated repairs

The Ombudsman has seen evidence that the resident was without an electricity and gas supply for a number of years which impacted his access to heating and hot water and was understandably distressing to him. Within its complaint responses, the landlord acknowledged that its records prior to October 2023 were limited as it had ended its contract with its heating contractor in October 2023 and did not hold complete records for the period prior to this. It did, however, accept that appointments to uncap the gas supply had been missed on 20 and 21 October 2023.
It also acknowledged that the resident experienced delays and it was not always clear whether he or his support worker had been responded to. It apologised for the length of time taken to resolve the repair and for appointment delays and confusion as well as the impact of being without heating and hot water. It offered a total of £500 for the impact caused by the issues with heating and hot water supply and £350 as an overall offer for its poor communication.
While it is evident that the resident did not have a gas supply to the property since at least March 2021, this was related to a lack of electricity and debt with the energy supplier. The Ombudsman has seen evidence of the landlord’s efforts to support the resident in engaging with his energy supplier and referring him to an energy support agency. It gave correct advice to the resident that he would need to contact his energy supplier regarding the issues as it was unable to uncap the gas, or service his back boiler or gas fire, until the supply was reinstated. Under the terms of the tenancy agreement, it was the resident’s responsibility to ensure that any outgoings for the supply of gas and electricity were paid. The landlord took reasonable steps to attempt to communicate with the supplier in 2022 who confirmed they would install a new electric meter as this had been removed for an unknown reason.
The delay in reinstating the gas supply to the property was outside of the landlord’s control until September 2023 when it attended an emergency appointment for water ingress through a light. The Ombudsman has not seen evidence to support that the resident informed the landlord that the supply to his electricity meter had been resolved or that the supply had been put into prior to September 2023 when it attended as an emergency to check the water ingress through the lighting.
Once it became aware that the electricity meter was in place, the landlord acted within its emergency timescales and completed works on 8 September 2023 to connect the meter to the property and test the service. This was within a reasonable timescale once it was aware of the issue.
Following this, there was an unreasonable delay in fully reinstating the gas supply and heating and hot water until 12 December 2023. The landlord’s records show that it was made aware the meters were in credit on 11 October 2023. The landlord has acknowledged that its lack of records associated with the actions of its heating contractor impacted its understanding of what had happened but did not dispute that the resident had said there were 2 missed appointments in October 2023 prior to the complaint.
Further works to reinstate the heating and hot water were complicated by needing to replace the back boiler and gas fire with an electric system. However, it is evident that the resident was chasing works via his support worker and understandably inconvenienced by the lack of heating and hot water during winter months. The landlord’s records indicate that it provided temporary heaters to the resident between 27 and 30 October 2023 to reduce the impact which was reasonable in the circumstances.
Overall, the Ombudsman has found that the landlord has offered reasonable redress to the resident for its handling of his reports of having no heating and hot water. The landlord historically took reasonable steps to support the resident and manage his expectations in that it was not able to service or reinstate the installations without a supply which would be the supplier’s responsibility to resolve with him. Once it was aware that the electrical supply was in place, it acted within its emergency timescales to reinstate this. It has not disputed that delays, lack of records, and lack of communication impacted the resident following this.
The landlord’s offer of £500 for the impact caused by the lack of heating and hot water, and overall award of £350 for its poor communication, is in line with the Ombudsman’s remedies guidance which states that amounts in this range are considered proportionate in instances of maladministration which had a significant impact on the resident.

The resident’s report of a leak and outstanding repairs within the property

Over the course of his 2 complaints, the resident raised specific concerns about a leak from the roof and skylight, and a hole in the wall following the removal of the back boiler in November 2023.
The resident initially reported a leak into his property from the roof or skylight on 13 March 2023. The landlord has now provided evidence to confirm that remedial works to replaster and decorate around the skylight window following its replacement have been completed as of 19 August 2024 following works to replace the window and complete roofing works in June 2024. Ultimately, this is a significant period of approximately 17 months.
Within its complaint responses to the resident, the landlord did not dispute that there were significant delays in addressing the resident’s concerns due to poor communication, record keeping, and appointment delays which caused confusion. It acted fairly within its responses to the resident’s initial complaint in January 2024 by offering a genuine apology for his experience and a total of £1,650 compensation for the length of time he had waited for the leaks to be resolved, the damage caused to the internal parts of the property, and the distress caused by its failure to resolve the leak. It also offered £350 for its poor communications across the property maintenance issues. At the time, this offer was reasonable and proportionate in view of the impact on the resident because of the delays, poor communication, and distress and inconvenience.
The landlord initially confirmed that scaffolding would be placed on 5 February 2024 to allow the works to be completed and that its customer care team would monitor works through to completion and keep him up to date. It is evident that this did not happen which caused additional inconvenience to the resident. As above, the window and roofing works were not completed until June 2024. The landlord, in its communication with this Service, admitted that the further delays placing scaffolding were due to its roofing contractor providing different dates. It also admitted that it had not kept the resident updated.
Through the second complaint (June-July 2024), the landlord addressed further delays in completing works to the roof and skylight and the resident’s concerns about a hole left in the wall following the removal of the back boiler.
Operatives removed the resident’s back boiler and gas fire on 29 November 2023, with the landlord’s notes showing that a request had been sent to make good the area following the removal. The landlord did not address this until 25 June 2024 when the hole was bricked up and confirmed ready for plaster boarding. This was a period of 7 months and an unreasonable timescale for follow-on works. Following the works on 25 June 2024, there was a further delay with the plastering work, which was marked as completed on 19 August 2024, almost 2 months later.
In its subsequent complaint responses on 4 June 2024 and 3 July 2024, the landlord acknowledged that it had failed to progress the repairs since the previous complaint, it had not monitored works to the roof and skylight through to completion, that the resident had experienced continued poor and inconsistent communication, and that there had been a continued failure to complete works within its published timescales.
It is evident that the resident was subject to significant delays in the landlord’s handling of his repairs reports. Where a landlord admits failings, the Ombudsman’s role is to consider whether the redress offered put things right and resolved the resident’s complaint satisfactorily in the circumstances. In assessing this, the Ombudsman considers whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right and learn from outcomes.
Through its complaint responses, the landlord offered the resident a total of £2,300 specifically in relation to its handling of repairs following his reports of a leak into the property and a hole in the wall within the property. This was in addition to its overall offer of £350 for poor communication awarded through its initial response.
In line with the Ombudsman’s remedies guidance, amounts in this range are considered proportionate where there have been serious failures by the landlord which have had a significant long-term impact on the resident. It is the Ombudsman’s view that the landlord’s offer is proportionate in recognition of the impact on the resident in this case.
The landlord’s additional offer of £650 compensation in June-July 2024 for its delay in completing repairs, poor communication and the impact, distress and inconvenience caused is proportionate in recognition of the additional failure to complete works following its response to the initial complaint in January 2024. The resident has said that the leak from the roof continues despite previous works to make good. In view of this, the landlord is to complete an inspection to address any ongoing problems.

The resident’s complaints

The resident raised 2 separate complaints that both exhausted the landlord’s complaints process between October 2023 and July 2024. He initially raised a complaint on 23 October 2023 which the landlord acknowledged on 7 November 2023. The landlord responded on 3 January 2024 which was outside of its policy timescales. It acted fairly by apologising to the resident for the delay and explaining that this was due to a high volume of correspondence and staff absence. Its records show that action was being taken to resolve the repair issues complained about in the interim period and the landlord’s offer of £100 compensation towards the delay in issuing its response is proportionate in the circumstances.
The resident escalated the complaint on 3 January 2024 and the landlord responded on 31 January 2024 which was within a reasonable timescale of 20 working days. The response at this stage offered a sincere apology which may have gone some way to restore the landlord-tenant relationship. However, despite acknowledging that a full resolution was dependent on it completing the repairs, the landlord failed to adequately monitor the agreed actions through to completion following the complaint. This undermined the steps it had taken to put matters right.
The ongoing failure resulted in the landlord logging a further complaint on 20 May 2024 following communication from the resident’s support worker and MP between 1 and 9 May 2024. The landlord should have raised a new complaint on 1 May 2024 following receipt of communication from the resident’s support worker setting out dissatisfaction with the lack of progress. Its failure to consider the matter formally led to a delay in issuing a stage 1 response until 4 June 2024. It did not acknowledge any delay as part of its response which would have been appropriate. The landlord responded at stage 2 of its process within a reasonable timescale on 3 July 2024.
In line with the Ombudsman’s Complaint Handling Code (the Code), landlords are expected to address each aspect of a complaint, identify where things have gone wrong and demonstrate learning within their response. The landlord upheld the complaint and acknowledged that it had not progressed the repairs but failed to provide any explanation for the delay, identify how it could prevent similar failings in the future, or address the concerns raised specifically in relation to the resident’s declining mobility or request to be moved from the property.
The landlord’s stage 1 complaint response on 4 June 2024, while upholding the complaint and confirming when actions would take place, failed to explain the reason for the continued delay in completing works. It has subsequently explained to the Ombudsman that the delay in resolving the roof leak was due to different dates being provided by its roofing contractors but failed to offer any transparency to the resident. It also did not engage with the concerns raised about him struggling to get up stairs and get in and out of the bath (due to his mobility difficulties) or the request for him to be moved from the property at either stage. This was a significant failure in view of the concerns raised about the impact on his mental health and wellbeing, and physical health.
The second stage 1 complaint response stated that the complaint handler attempted to call the resident on 22 May 2024 and left a voicemail. Within his escalation request, the resident raised specific concern that this was a lie as he had no voicemail facility. While the landlord attempted to respond to his concern about phone calls in its subsequent response, it did not identify which call he had disputed. There is no clear evidence to suggest it asked him to provide further details prior to issuing its stage 2 complaint response and it therefore missed the opportunity to address his concerns in full.
It was somewhat reasonable for the landlord to say that the resident had not made it aware of his need to turn the electricity off as a result of the leak, as there is no documentary evidence to show that he had informed it of this issue between January 2024 and his escalation request on 11 June 2024. However, it is evident that the resident had previously reported the same leak coming through his lights in September 2023, and, as the leak was ongoing, it is understandable that the electrics may have been affected during this period. It was reasonable for the landlord to consider this as part of its overall award of compensation.
However, it was not reasonable for the landlord to say that it would consider the resident’s claim further if he was able to provide evidence of increased energy usage since he had experienced issues with the skylight. This demonstrates that the landlord had not considered the history of the resident’s case when responding. It should have been aware that the resident had been without electricity for a significant period prior to September 2023 and would not have been able to provide this information.
While the landlord acknowledged that it had failed to progress works following its previous complaint response, and said that it had improved the way it highlighted and monitored repairs, it failed to provide any transparency on the learning it had taken from this complaint in order to prevent similar occurrences in future.
The Ombudsman has found maladministration in the landlord’s response to the resident’s complaints. The landlord took reasonable steps to put things right for the resident within its responses to his initial complaint in January 2024. However, it failed to monitor works through to completion as it said it would, address his subsequent concerns in full, or demonstrate that it had adequately learned from the complaint. Several orders have been made below for the landlord to address outstanding concerns and to offer redress for its failings.
The Ombudsman has recently published a Spotlight (paragraph 49) report into the landlord which sets out various recommendations, including some in relation to its handling of repairs and complaint handling. For this reason, no additional learning orders have been made in this case, however, the landlord should consider using this case when assessing its response to the recommendations made in the Spotlight report.

Determination

In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation in relation to its handling of the resident’s reports of having no heating and hot water and associated repairs, which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.
In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation in relation to its handling of the resident’s report of a leak and outstanding repairs within the property, which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of the resident’s complaints.

Orders

Within 4 weeks, the landlord is to write to the resident to apologise for the failings identified in this report. The apology should come from a senior member of staff given the length of time the issues were ongoing.
Within 4 weeks, the landlord is to pay the resident £300 compensation in recognition of the inconvenience caused by its complaint handling failures (in addition to the £100 it awarded for complaint handling through its January 2024 response).
Within 4 weeks, the landlord is to provide the resident with details on how he can raise a claim for items damaged because of the property conditions via its insurance team. It should help in making a claim should the resident wish to pursue this.
Within 4 weeks, the landlord is to contact the resident to discuss his concerns that the property may not be suitable for his mobility needs and any steps it is able to take to support him via either adaptations, or a move to a more suitable property. Where an Occupational Therapy assessment is required, it should support the resident in arranging this.
Within 4 weeks, the landlord is to contact the resident to confirm whether he is still experiencing a leak into the property. It should subsequently complete a post-inspection of the property to ensure that there are no further signs of leaks, damp, or mould. It should also consider whether it is willing to decorate affected areas or contribute towards the cost of redecoration through decoration vouchers.
Within 2 weeks of that visit, the landlord is to write to the resident to confirm its findings and the outcome. If further works are required, it should confirm the timescales in which it intends to complete work.
The landlord is to provide evidence of compliance with the above orders within the specified timescales.

Recommendations

The landlord is to pay the resident £3,150 compensation as previously offered within its complaint responses, if it has not already done so. The Ombudsman’s findings of reasonable redress were made on the basis that this amount is paid.