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Halton Housing (202224828)

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REPORT

COMPLAINT 202224828

Halton Housing

26 September 2025

 

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 about the landlord’s handling of repairs to:
    1. Windows
    2. Guttering and resulting damage to plasterwork
    3. The stopcock
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident occupies the property under an assured tenancy with the landlord. The resident had previously owned the property but sold it to the landlord in 2014.
  2. During January 2022 the resident reported that 2 of her windows did not open. During July 2023 the windows were replaced.
  3. The resident contacted us about the repair issues in the property and on 20 December 2023 we asked the landlord to respond to the resident’s complaint. We told the landlord that the resolution sought from the resident was:
    1. To resolve any outstanding work in relation to the windows and to repair the guttering that had been damaged by contractors.
    2. To be compensated for the increased heating bills due to the lack of sealed windows.
    3. To be compensated for the distress and inconvenience over the matter being so longstanding and distressing.
  4. The landlord issued a stage 1 response on 12 January 2024. In its response it said the agreed bedroom window replacements had been completed and there were no gutter issues. It said it would arrange a property stock condition survey to identify the age of the components in the resident’s property. It concluded it could not uphold the complaint.
  5. The resident requested her complaint to be escalated to stage 2. The resident explained her health concerns and said once the ownership of the house was transferred to the landlord, it had been agreed that various works would be completed by the landlord. She said she had been chasing the landlord for at least 10 years for the window replacements, contractors had cracked the overhead gutter which caused a leak, and the walls still need plastering. In addition, she said the landlord failed to keep the appointments for the repairs and she would like compensation.
  6. In its stage 2 response dated 21 March 2024 the landlord confirmed there were a number of points it would not consider, due to them being time barred as per its policy. It said it was unable to consider the time taken to replace the windows as this was responded to as part of an MP enquiry in August 2022.
  7. In its response the landlord apologised and offered £300 compensation for the delays in repairing the gutters and plasterwork at the property. In relation to the outstanding repairs the landlord said that:
    1. Guttering: It apologised for the delay and had chased the job with its contractors. It confirmed the contractors would contact the resident directly to arrange access and complete the repair.
    2. Plaster damage: It said a repair order had been raised for an inspection of the plastering works which the resident said was damaged due to the ongoing issues with the gutters.
    3. Stopcock: It said it found no evidence that it had changed the stop tap. A repair was raised but the plumber was informed by the resident that she did not want the work to be completed that day. The job was closed as no access. A new repair had been raised.
  8. The resident complained to us as she was unhappy with the landlord’s handling of the repairs. She confirmed the windows had been installed and said:
    1. The contractors did not use scaffolding, instead used her personal ladder, which they didn’t seek permission for.
    2. The contractors had cracked the roof guttering resulting in water pouring through her conservatory.
    3. She was unhappy with the overall length and handling of the situation.
    4. She referred to the level of mental stress this matter had caused in the past 10 years and sought compensation.

Assessment and findings

Scope of investigation

  1. The resident said the repair works and the communication between her and the landlord affected her health, which we are concerned to hear. She also said she is registered disabled and has several physical health conditions. Matters of personal injury or damage to health are, however, more appropriately addressed by way of the courts or the landlord’s liability insurer as a personal injury claim. This is because we do not have the authority or expertise to determine liability or award damages for these in the way the courts or a liability insurer might. However, we can consider any distress and inconvenience, time and trouble, or loss of enjoyment the resident may have experienced as a result of errors by the landlord.
  2. The landlord listed the following issues which it time barred in its stage 2 response. These include:
    1. Items in the loft belonging to the resident’s son – this was logged and responded as a stage 1 complaint in 2017.
    2. Replacement of the kitchen in 2016 – over 6 months old.
    3. Paving of the garden area in 2022 – over 6 months old
  3. The landlord’s decision not to consider these complaints was reasonable. This is because the decision was in line with our Complaint Handling Code (the Code) which confirms that landlords do not have to accept complaints where the issue occurred over 12 months ago. Therefore, we have not considered any of the issues outlined at paragraph 12 as part of this investigation.
  4. The resident has also complained that she had been assessed for a new bathroom and it was deemed she required a shower, but the landlord had not responded to her further about this matter. We have not seen evidence that this issue has gone through the landlord’s process and as such it will not form part of this investigation. If the resident would like to pursue this matter further then she can raise a complaint with the landlord.
  5. In relation to the complaint about the windows, the landlord said that it was unable to consider this matter because it was responded to as part of an MP enquiry in August 2022. It would have been appropriate for the landlord to have responded to the complaint in line with the Code (this is explored further in the complaint handling assessment of this report). Therefore, we have decided to investigate this aspect of the complaint.
  6. The resident said she first reported the window repairs over 10 years ago. While this is noted, residents are encouraged to raise complaints with their landlords in a timely manner so that the landlord has a reasonable opportunity to consider the issues while they are still live, and while the evidence is available to reach an informed conclusion on the events that occurred. Taking into account the available evidence, we have considered this issue from January 2022 as the resident reported issues with the windows on a fairly regular basis since then.

Legal and policy framework

  1. The resident’s tenancy agreement states it is the landlord’s responsibility to keep in repair the structure and exterior of the property including the gutters, window frames, internal walls, plasterwork, and installations for the supply of water.
  2. The landlord’s repairs policy defines its obligations as:
    1. Emergency repairs – where there is immediate danger to personal health and safety, serious damage to property or where the problem could create an unreasonable risk of suffering or difficulty, the repair will be undertaken or made safe within 4 hours.
    2. Urgent repairs – these are repairs such as leaks which can be contained and electrical works which do not affect resident safety. They will be responded to in 5 working days.
    3. Non-emergency work will be appointed within 20 working days or beyond that by agreement with the resident. Planned works will be offered at 54 working days. These will be typically external works which do not affect residents’ health and safety.

Window repairs

  1. The landlord’s repair log confirms that a job was raised on 31 January 2022 to repair the resident’s windows as the resident had reported that she was unable to open both the back windows. The landlord’s contractor visited the resident’s property on 9 March 2022 and made a note that the windows were not the landlord’s and the resident said she was promised the windows would get replaced. It was confirmed by the contractors that the windows should be considered for replacement as they were in a poor state. The job was closed on 24 March 2022.
  2. There is no evidence of any further action being taken to progress the matter and the resident sought assistance from her MP. In its response to the resident’s MP dated 23 August 2022, the landlord agreed to replace the windows.
  3. A further job was raised on 3 October 2022 which stated the windows were faulty and needed to be measured. It appears from the landlord’s records that its contractors had attempted to measure up the previous month but the resident was not available. The job was closed on 21 October 2022 after contractors attended, but it is unclear why. The repair records confirm that the resident chased the landlord about the window replacements on 7 November 2022 but it is unclear what the landlord told her at this time.
  4. An order to replace the windows was subsequently raised on 17 February 2023 and completed on 17 July 2023. Therefore, it took 5 months for the windows to be installed after the order was raised, exceeding the planned works target by around 2 months. It is acknowledged that windows can take time to manufacture, however the landlord has not provided any evidence to show why it took 5 months to install the windows. In the absence of any evidence to confirm otherwise, it is reasonable to conclude that there was an unreasonable delay in installing the windows.
  5. On 23 August 2023, the resident reported that the new windows needed sealing. It is reasonable to expect that these works would have been completed by 21 September 2023, in accordance with the target for routine repairs. However, the repair records indicate that contractors first attended on 16 October 2023 but the resident did not provide access. The repair records further confirm that the resident chased the outstanding works on 20 November 2023, and on 26 March 2024 the resident emailed the landlord stating that the works were still outstanding. During October 2024 the resident confirmed to us that the works had not been completed.
  6. The landlord has told us that the sealing of the windows remains outstanding as it has not been able to gain access to carry out the works. In support of its statement it has provided a record from its repairs system which shows that no access was provided. However, it is not clear when this was, whether the landlord informed the resident of the appointment in advance, and whether it has taken any steps since to try and rearrange the appointment. Therefore, it has not been able to demonstrate that it took adequate action to progress the works.
  7. In summary, there were significant failings in the landlord’s handling of the window repairs as it took 18 months to replace the windows after they were identified as needing replacement, and the works to seal the windows remain outstanding. It is reasonable to conclude that the outstanding repairs had a significant impact on the living conditions in the property. The resident reported that the windows could not be opened which she felt was a health and safety risk, and this also meant the rooms could not be ventilated. She said the lack of sealed windows resulted in increased heating bills.
  8. To put things right we have ordered the landlord to apologise to the resident and pay £500 compensation. This is in line with our remedies guidance which recommends awards of this amount where there was a failure that adversely affected the resident. We have also ordered the landlord to inspect the windows and carry out any further repairs that are required.

Gutter repair and resulting damage to plasterwork

  1. The resident contacted us during October 2023 and said that during the window replacement works, the guttering was damaged by the contractors resulting to water leaking into her home. On 20 December 2023 we told the landlord that the resident had reported this matter to us and asked it to respond to her complaint. Therefore, the landlord was aware from this date that the gutter needed repairing.
  2. The repair logs show that the landlord raised a job to repair the gutter on 13 March 2024. During January 2025, the landlord told us that the repair was still outstanding and had been flagged for approval. During our investigation we asked the landlord for an update on the status of the repair and it told us that the repair had been completed. However, it did not provide evidence of the completion date and as a result we have not been able to verify if and when the gutter was repaired. In any case, it is reasonable to conclude that there was a long delay in completing the gutter repairs, which far exceeded the 20 working day target for routine repairs.
  3. A job was raised on 21 March 2024 to inspect the damage to the plasterwork. This job was attended to on 24 May 2024 but was recorded as no access Therefore, the landlord failed to attend within its target of 20 working days for routine repairs. During our investigation the landlord told us that it has not been able to gain access to carry out the repairs. In support of its statement it has provided a record from its repairs system which shows that no access was provided. However, it is not clear when this was, whether the landlord informed the resident of the appointment in advance, and whether it has taken any steps since to try and rearrange the appointment. Therefore, it has not been able to demonstrate that it took adequate action to progress the works.
  4. In its stage 2 response dated 21 March 2024 the landlord apologised for the delay in obtaining a report of the gutters. It also offered £300 compensation for the delay in carrying out the repairs to the gutters and plasterwork. While the compensation offered at this time was reasonable and in line with our remedies guidance, it does not reflect the additional delays that have taken place since the landlord issued its stage 2 response. Therefore, to put things right we have ordered the landlord to pay the resident additional compensation of £200. This brings the total amount to £500 which is in line with our remedies guidance where there was a failure that adversely affected the resident.

Stopcock

  1. The landlord’s repair log confirms that a job was raised on 15 January 2024 in relation to the stopcock. This is because the resident said she had an automatic switch to stop any leaks but this had been removed. The landlord marked this job as complete on 12 February 2024 when it attended the property and the resident said she did not want the works carried out that day.
  2. In its stage 2 response of 21 March 2024 the landlord said that the resident had not provided access to the contractor for this job and it had arranged another appointment. The job was subsequently completed on 14 May 2024 when a new stop switch was installed.
  3. Overall the landlord responded appropriately to this issue; it initially attended within its target for routine repairs but the resident did not provide access. It subsequently confirmed it would raise the repair again and this was completed within a reasonable timeframe.

Complaint handling

  1. On 4 May 2023, following contact from the resident, we wrote to the landlord asking it to respond to the resident’s complaint about its handling of the window repairs. In response the landlord wrote to the resident stating that it had responded to her MP on this matter on 23 August 2022.
  2. We contacted the landlord again in December 2023 and asked it to respond to the resident’s complaint, which included her concerns about the windows. However, the landlord subsequently confirmed in both its stage 1 and stage 2 responses that it would not address the complaint about the windows as this matter had been resolved as an MP enquiry.
  3. The landlord failed to handle the complaint appropriately as it should have responded under its complaints procedure in line with the Code, which requires that: “A landlord must accept a complaint unless there is a valid reason not to do so”. The resident clearly expressed dissatisfaction with how the window replacements had been handled and it was inappropriate for the landlord to exclude the complaint from the complaints procedure on the basis that the matter had previously been dealt with as an MP enquiry. The failure to respond to the complaint meant that the landlord missed an opportunity to put right the failings in its handling of the repairs, and the resident had to go to the time and effort of bringing her complaint to the Ombudsman for resolution.
  4. To put things right the landlord is ordered to pay the resident £150 compensation for the distress and inconvenience caused by its complaint handling. This is in line with our remedies guidance’s recommended range of compensation where there was a failure which adversely affected the resident. We have also ordered the landlord to review its complaint handling in this case and confirm the steps it will take to ensure the same failures do not happen again.

Determination

  1. In accordance with paragraph 52 of the Scheme there was maladministration by the landlord in its handling of the windows repairs.
  2. In accordance with paragraph 52 of the Scheme there was maladministration by the landlord in its handling of the guttering and plasterwork repairs.
  3. In accordance with paragraph 52. of the Scheme, there was no maladministration in the landlord’s handling of the stopcock repairs.
  4. In accordance with paragraph 52. of the Scheme there was maladministration with the landlord’s handling of the associated complaint.

Orders and recommendations

Orders

  1. The landlord is ordered to do the following within 4 weeks of the date of this report:
    1. Provide a written apology to the resident for the failures identified in this report.
    2. Pay the resident £1150 compensation. This includes the amount of £300 offered by the landlord which can be deducted if it has already been paid. The compensation order is broken down as follows:
      1. £500 for the distress and inconvenience caused by its handling of the window repairs.
      2. £500 for the distress and inconvenience caused by its handling of the gutter and plaster repairs.
      3. £150 for the distress and inconvenience caused by its complaint handling.
    3. Contact the resident and agree an appointment for completing works to the window seals and internal plasterwork.
    4. Review its complaint handling in this case and confirm the steps it will take to ensure the same failures do not happen again.
  2. The landlord should contact us within 4 weeks to provide evidence of compliance with the above orders.