Hammersmith and Fulham Council (202311490)

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REPORT

COMPLAINT 202311490

Hammersmith and Fulham Council

12 September 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

  1. The complaint is about the landlord’s handling of repairs to the kitchen and bathroom.
  2. The Ombudsman has also investigated the landlord’s complaint handling.

Background

  1. The resident is an assured tenant of the landlord. The resident was assigned the property by mutual exchange on 19 December 2022. The property is a 3-bedroom second-floor flat. The landlord has no vulnerabilities recorded for the resident.
  2. On 20 December 2022, the landlord raised repairs to the bath which had come away from the wall, a damaged bath panel, and the renewal of the kitchen door. On 24 January 2023, the landlord raised a repair to replace a kitchen cupboard with was damaged from a leak. The landlord raised further renewal works to the kitchen on 13 February 2023.
  3. The resident raised a complaint to the landlord on 21 February 2023. The resident said the following:
    1. The bathroom and kitchen needed repair.
    2. She had repeatedly reported repairs.
    3. The landlord had cancelled and rescheduled repairs.
    4. A surveyor had attended twice but there was no action plan.
    5. The previous resident removed the kitchen door. This could not be replaced until the kitchen was refurbished.
    6. The living conditions were not suitable.
    7. She had taken time off work on 6 occasions in the past 6 weeks and only 3 of the jobs were completed. She would have to take further time off work when the follow up appointments were scheduled.
    8. The kitchen needed to be replaced as the cabinets were either mouldy with damp, or damaged.
    9. The bath and shower needed to be replaced as it was causing a water leak to the downstairs neighbour.
    10. The repair jobs had been on hold for months.
  4. The landlord provided its stage 1 response on 7 March 2023. It apologised for the delays in completing the repairs. It said the works should have been closely monitored. It said a contractor attended the resident’s property on 3 March 2023 to discuss the repairs. It said works to the kitchen would start on 4 April 2023. It would fit the kitchen door following the completion of this work. The landlord said it understood the resident had taken time off work on 6 occasions. It said it did not compensate for loss of earnings however. It offered the resident £250 of compensation broken down as: £100 for the delay, £100 for the inconvenience, and £50 for a missed appointment.
  5. On 20 March 2023, the resident escalated her complaint. She said the stage 1 response did not address the bathroom repairs and it had not resolved her complaint.
  6. The landlord provided its stage 2 response on 13 June 2023. It said the following:
    1. It was sorry the stage 1 response had not provided an update on the bathroom repairs. This was an oversight.
    2. In December 2022, the resident reported the bath had moved away from the wall causing a leak to the property below, and the bath panel was damaged. The landlord completed these repairs on 18 April 2023.
    3. The kitchen upgrade took longer than the 4 days expected. This work was more complex than expected.
    4. It was sorry the correct procedure was not followed. This would have prepared the resident for the inconvenience, ensured that bottled water was provided and if necessary financial assistance for meals.
    5. Once this was brought to its attention it arranged for an interim payment of the £250 to be paid to the resident.
    6. The kitchen works were now complete.
    7. The repairs service and contractors were now meeting weekly to manage work schedules to avoid delays and missed appointments.
    8. It was sorry for the poor service and distress caused.
    9. It offered the resident a total amount of compensation of £500. This was broken down as:
      1. £350 for the poor service and distress caused.
      2. £100 for the delay in completing the repair.
      3. £50 for the delay in providing a stage 2 response.
  7. The resident contacted the landlord on 14 June 2023. She said she had been without cooking facilities for 4 weeks from 4 April 2023 to 5 May 2023. She said this part of her complaint had not been addressed. On 20 July 2023, the landlord offered the resident a further amount of compensation of £1595.This was for the loss of cooking facilities during the kitchen repair. This amount was in addition to the £500 offered during the complaints process. The landlord processed the remaining compensation payment in July 2023.
  8. The resident remained dissatisfied with the landlord’s response and contacted this Service in July 2023. The resident contacted the landlord in August 2023 about outstanding repairs following the kitchen works. This included the kitchen door not closing, damage to tiles, boiler pipes not boxed in, and no access to her garden lights due to the plug being trapped behind the kitchen counter. On 28 November 2023, the resident told the landlord works to box in the boiler pipes were completed on 6 November 2023. She said she still did not have access to the socket behind the cabinets and could not close the kitchen door. The resident confirmed to this Service in February 2024 that this work remained outstanding. The landlord confirmed to this Service that the works were completed and a post inspection was booked for 2 April 2024.

Assessment and findings

The landlord’s handling of repairs to the kitchen and bathroom.

  1. The license and deed of assignment states the resident accepts they are solely responsible for any alterations, disrepair or damage of the property caused by the previous resident, and that internal decoration is the resident’s responsibility.
  2. The landlord’s repairs and maintenance handbook says the landlord is responsible for keeping in repair the structure and exterior of a resident’s home. It is responsible for keeping in repair and working order installations for the supply of water, gas and electricity, including electrical wiring and sanitary fittings. It says responsive repairs are completed within 20 working days.
  3. The handbook says it aims to complete planned repairs within 60 days. It says planned repairs are more complex and work which may require multiple visits such as replacing individual kitchen units.
  4. The landlord’s repairs policy says repairs need to be carried out within set time frames according to the urgency of the issue. The landlord will complete emergency repairs within 24 hours, routine repairs within 20 working days and planned repairs within 60 working days.
  5. The landlord’s repairs complaints compensation policy covers the landlord’s approach to awarding compensation where a resident has experienced a delay or has incurred additional costs due to service failure.
  6. The policy says it will not offer compensation for loss of earnings. The policy says that compensation for time trouble and inconvenience ranges from £50 to £250 for minor failure, £250 to £700 for moderate disruption, and over £700 for extensive disruption. It can award the following compensation:
    1. Up to £100 for a failure to manage a complaint.
    2. Compensation for the cost of additional food while cooking facilities are unavailable. This is £15 per day per adult and £10 per child after the initial 24 hours.
    3. £50 for a missed appointment by a contractor.
  7. The landlord’s records showed it raised repairs to the bath and bath panel on 20 December 2022. The landlord’s final response stated the works were completed on 18 April 2023. However, its repair records noted appointments to replace the bath on 2 May 2023 and 18 May 2023. The landlord’s complaint records also stated on 10 May 2023 that the bathroom works were confirmed for 18 May 2023. This was a timeframe of over 4 months. This did not meet the timescales in the landlord’s repairs policy for either a responsive repair or a planned repair.
  8. It was not clear from the landlord’s records when the resident first raised concerns about the kitchen. The resident told this Service that the landlord told her it would start work on the kitchen once she moved into the property. This Service has not seen correspondence to confirm this. An inspection carried out by the landlord on 14 November 2022, prior to the resident moving into the property noted a possible kitchen renewal. However, it is noted the resident signed the mutual exchange disclaimer on 19 December 2022 to confirm she had viewed the property and accepted responsibility for any alternations, disrepair or damage of the property caused by the previous resident.
  9. It was evident the resident raised her concerns about the kitchen door in December 2022. The landlord raised a repair for this on 20 December 2022. The landlord raised further repairs to the kitchen on 24 January 2023. Notes from an inspection on 1 February 2023 stated adhesive transfer on kitchen doors, sockets loose, missing door and drawer to a base unit and a nonstandard sink. Works were raised on 13 February 2023. The landlord’s records showed an appointment was completed on 3 May 2023 for works to the kitchen. The resident told the landlord she was without cooking facilities between 4 April 2023 and 5 May 2023. The timeframe here for the completion of this work did not meet the timescales in the landlord’s repairs policy.
  10. For both the repairs to the bathroom and kitchen, it was evident the resident had to take the time and trouble to raise a complaint in order for the repair work to progress. There was no evidence that the resident was provided with an action plan for the repairs or a timeframe for completion prior to raising her complaint.
  11. This Service published a special report on the landlord in February 2024, following an investigation carried out under paragraph 49 of the Scheme. The report made recommendations to the landlord which included for it to update the Repairs and Maintenance Handbook with step-by-step guidance so it is clear for the resident what happens at each stage of the repair, with a clear escalation pathway if repairs are delayed beyond agreed or expected dates. This recommendation continues to be monitored by this Service. Therefore, a further order in respect of this matter is not required.
  12. The landlord acknowledged in its final response that the work to the kitchen took longer than expected. It said the work was more complex. This Service acknowledges that works such as kitchen renewals can take longer than planned and unexpected works can become apparent. However, the landlord did not demonstrate it took a customer focused approach at the time. The landlord did not provide evidence to show it had discussed with the resident the compensation available for the cost of additional food while the ongoing works meant she was without cooking facilities for longer than expected. The landlord acknowledged its failure here in its final response. It said it had paid the resident an interim payment of £250 once it was aware.
  13. Its final response stated the resident was without cooking facilities over a weekend. However, the resident was without cooking facilities for a period of 4 weeks. The payment of £250 paid to the resident in May 2023 following her concerns about being without cooking facilities was the compensation offered at stage 1 which did not relate to this matter. While the landlord offered the resident a further amount of compensation at stage 2, this did not account for the full period the resident was without cooking facilities.
  14. The landlord did not demonstrate it applied its compensation policy here in calculating the compensation. As such, it missed the opportunity to address this issue and put things right fully for the resident. The resident had to take the time and trouble to follow up with the landlord after the end of the complaints process about this matter.
  15. The landlord took the appropriate step of reviewing the compensation it offered the resident on receipt of an email from her on 13 June 2023. The resident provided receipts for the food purchased during the 4-week period on 14 June 2023. The landlord confirmed to the resident on 20 July 2023 that it was offering her £1595 to cover the costs of food for 3 adults and 1 child for the period. The landlord provided the calculation for this, which was based on the amounts allowed under its compensation policy. While this was an appropriate action to take, there was a delay in the landlord offering this assistance to the resident. As a result, the resident experienced financial hardship during this time.
  16. The landlord completed the works to the kitchen in May 2023. However, it was evident that some snagging issues remained outstanding following the works. The resident raised these issues again in August 2023 and confirmed works remained outstanding. Some of this work was completed in November 2023. However, part of this remained outstanding in March 2024. This resulted in further repair appointments for the resident, who had already facilitated a high number of appointments. The landlords records showed its contractor had advised in September 2023 it was waiting for the resident to confirm an appointment for the works. However, the resident confirmed to the landlord on 24 October 2023 that she was waiting for the contractor to confirm a date. It was evident the landlord had not retained a full oversight of the remaining repairs.
  17. The issues of access to a socket behind the cabinets for garden lights and the kitchen door not closing were completed in April 2024. The landlord advised this Service that an appointment to inspect the snagging issues had been arranged for 2 April 2024 due to the availability of the resident. It was noted that the landlord contacted the resident in December 2023 and January 2024 and she did not respond until 22 February 2023. This accounted for part of the delay. However, it is not clear why this work was not completed earlier.
  18. To provide a fair response, landlords are expected to resolve complaints by addressing both the main issue raised and any inconvenience that happened. When a landlord agrees that it failed to provide a service, the expectation is for the landlord to offer redress. The landlord acknowledged its delays here in completing repairs. The landlord attempted to resolve the substantive complaint through an offer of compensation of £450 at stage 2 and a further offer of £1595 for the loss of cooking facilities after the end of the complaints process.
  19. While the offer of redress made by the landlord showed good practice in trying to resolve complaints and learn from outcomes, the compensation did not go far enough to account for its full failures here. The landlord did not fully address the resident’s period without cooking facilities during the complaints process. There was also a further delay in fully completing the kitchen works with part of the snagging issues remaining unresolved until April 2024. It was noted the landlord had contacted the resident about the works and followed up with her on the completion of the works.
  20. In summary, the resident experienced delays to the repairs she reported to the landlord. As a result, the resident had to take the time and trouble to continue to chase up the repairs and raise this as complaint in order for works to be completed. She also experienced the distress and inconvenience of facilitating a high number of repair appointments, and the financial impact of being without cooking facilities due to kitchen works taking longer than expected.
  21. The landlord attempted to put things right for the resident with its offer of compensation of £450 at stage 2. It then increased this offer to £2045 to include compensation for food costs for the time period the resident was without cooking facilities. While this action was appropriate, the landlord had missed the opportunity to address this during its complaints process. As a result, the resident had experienced financial hardship for longer then necessary. The resident had to take the time and trouble to raise the matter after the end of the complaints process to gain a resolution. The compensation offered also did not account for the snagging issues from the kitchen works remaining unresolved for an extended period. The landlord had not retained an adequate oversight of the repair.
  22. As such there was maladministration in the landlord’s handling of repairs to the kitchen and bathroom. Further compensation of £200 has been ordered. This is in line with the Ombudsman’s remedies guidance for cases where the landlord’s failures have adversely affected a resident, and the landlord’s offer of compensation was not proportionate to the failings identified. This takes into account the length of time of the repairs and the impact on the resident’s during this time.

The landlord’s complaint handling.

  1. The landlord’s complaint policy at the time of the resident’s complaint says a stage one response will be provided within 10 working days of a complaint, and a stage two response will be provided within 20 working days of an escalation request.
  2. The Complaint Handling Code sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days and a stage 2 response within 20 working days from the request to escalate. This should not exceed a further ten working days without good reason. The Code also states that landlords must address all points raised in the complaint and provide clear reasons for any decisions.
  3. The resident escalated her complaint on 20 March 2023. The landlord acknowledged this on 13 April 2023. The delay in acknowledging the complaint escalation was unreasonable.
  4. The landlord provided its stage 2 response on 13 June 2023. This was a timeframe of 57 working days. This did not meet the timescale in the landlord’s complaint policy, or in the Code.
  5. The landlord failed to keep the resident updated on the delay to its stage 2 response. As a result the resident had to take the time and trouble to follow up with the landlord. The resident contacted the landlord for an update on her complaint on 4 May 2023. The landlord did not provide evidence to this Service that it had informed the resident of the delay to its response following its acknowledgement on 13 April 2023 in which it said it would respond by 20 April 2023. This did not demonstrate a customer focused approach.
  6. It was noted that the landlord attempted to contact the resident by phone on 16 May 2023, 26 May 2023, and 13 June 2023 to find out if the repair works had been satisfactory completed. This showed the landlord’s complaints team taking a proactive approach to following up on the issues in the resident’s complaint through to completion. However, this should not have delayed the response to the resident. The landlord did not demonstrate it had updated the resident on a delay to its response or an explanation for the delay.
  7. The landlord failed to address all aspects of the resident’s complaint in its stage 1 response. The landlord did not provide a response at stage 1 on the resident’s concerns about the repairs to the bathroom. The landlord apologised for this in its stage 2 response, and confirmed this was an oversight. It also offered the resident a full response on this at stage 2. This was an appropriate action to put things right for the resident.
  8. The landlord acknowledged the delay in its final response. It offered the resident £50 compensation for the delay. While this offer of compensation shows good practice in the landlord attempting to put things right for the resident and learn from outcomes, it was not enough to account for its full failures here. It did not fully account for the inconvenience of the excessive delay at stage 2 and the poor communication around this.
  9. Overall, the landlord’s complaint handling took too long and did not follow the complaints policy. The stage 1 response provided did not address all the resident’s concerns. The landlord acknowledged its failures here. However, the compensation offered by the landlord did not go far enough to put things right for the resident. The resident the experienced distress and inconvenience of not knowing when she could expect the stage 2 response. Therefore, there was service failure in the landlord’s complaint handling. A total amount of £100 compensation has been ordered. This is in line with the landlord’s compensation policy and the Ombudsman’s remedies guidance where a failure as adversely affected a resident.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of repairs to the kitchen and bathroom.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s complaint handling.

Orders and recommendations

Orders.

  1. The Ombudsman orders the landlord to apologise in writing to the resident for the failings identified in this report.
  2. The Ombudsman orders the landlord to pay the resident compensation of £2345. This amount includes the £2095 paid during the complaints process. Compensation not already paid, should be paid directly to the resident, and not offset against any arrears. The compensation comprises of:
    1. £650 for the distress, and inconvenience caused by the handling of repairs to the kitchen and bathroom.
    2. £1595 as previously offered by the landlord for the loss of cooking facilities.
    3. £100 for the inconvenience, time and trouble caused by the landlord’s poor complaint handling.
  3. The landlord is to provide evidence of compliance with the above orders to this Service within four weeks of the date of this report.