Haringey London Borough Council (202221780)

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REPORT

COMPLAINT 202221780

Haringey London Borough Council

8 February 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 the resident’s reports about multiple outstanding repairs.

Background

  1. The resident has a secure tenancy. The property is a 2-bedroom second floor flat in a low-rise block.
  2. The landlord attended the property on several occasions between 2018 and 2021, to make good defective walls, and replaster cracks throughout the property.
  3. The resident made a stage 1 complaint on 4 June 2022. The resident said that she had been waiting for a surveyor to inspect significant cracking of the walls and ceilings throughout the property. However, the landlord had only sent a plasterer to fill some of the cracks(in February 2021). The job had not been completed. The resident wanted the landlord to carry out a proper inspection and complete the works.
  4. The landlord issued its stage 1 response on 21 June 2022. The landlord upheld the resident’s complaint. It said it was sorry for any inconvenience caused due to reoccurring cracks and its failure to identify an underlying cause. It apologised for its poor communications when the resident asked for a surveyor to carry out an inspection. To remedy the resident’s complaint, it offered to inspect the property.
  5. The landlord inspected the property on 29 June 2022. The resident chased the landlord for an update on 29 July 2022 and 15 August 2022. After not receiving a response, the resident asked the landlord to escalate her complaint to stage 2 on 16 August 2022. The resident was dissatisfied because no follow-on works had been arranged since the property inspection on 29 June 2022. To remedy the complaint, the resident wanted the landlord to complete all the repairs listed on its inspection sheet and for its surveying team to inspect the more serious issues.
  6. The landlord issued its stage 2 response on 14 October 2022. The landlord found fault in the manner with which remedial works were being planned. It also found evidence of poor service. It suggested that its transition to a new repair’s contractor was a contributory factor. It was looking at ways to improve its communications. It committed to inspecting the cracks located throughout the property on 10 November 2022. On the same day it intended to seal holes behind plinths in the kitchen and plaster over a hallway vent.
  7. The resident responded to the landlord on 17 October 2022. She said that there were inaccuracies and omissions in the landlord’s stage 2 response. The resident brought her complaint to the Ombudsman on 14 October 2022, because the landlord had not scheduled any appointments to complete the outstanding repairs.

Assessment and findings

  1. The landlord has a statutory obligation under Section 11 Landlord and Tenant Act 1985, to keep the structure and exterior of the property in repair. This included the walls, ceilings, and internal plasterwork. Under the Act, repairs must be carried out within a reasonable timeframe. This is echoed in the tenancy agreement. The tenancy agreement states that the resident is responsible for internal decorations.
  2. The landlord’s repair’s handbook states that for all repairs other than emergency and planned repairs, an appointment would be offered within 28 days and the landlord would attempt to resolve the repair in one visit. This includes roof leaks and minor plaster repairs. For planned repairs, such as plastering of large areas, the landlord will inspect within 28 days and inform the resident at the inspection when works will be carried out. The policy states that planned repairs are those repairs where a job has to be pre-inspected, jobs that may take several days to complete, or where it is more economical and efficient for the work to be packaged up.
  3. The landlord accepted that there were failings in the way it had handled repairs between February 2021 and issue of the stage 2 complaint response. The landlord showed that it was trying to put things right by apologising, setting a date to complete identified repairs, and by committing to reinspect the property in accordance with timescales set out in its repair’s handbook. Having identified that its communications were poor, it showed that it was taking learnings from the complaint. This is evidence of good complaint handling.
  4. However, it is also noted that the landlord’s repair’s records and stage 2 response refer to the vent being in the hallway. The resident states that the vent was in the living room. The resident has also pointed out that the landlord’s records were confused about the location of a hole that needed filling following repositioning of a boiler. This suggests a possible issue with the landlord’s record keeping. Landlords who fail to create and record information accurately, risk missing opportunities to identify when its actions are wrong or inadequate and contribute to inadequate communication and redress.
  5. In line with its repair’s handbook, the Ombudsman has assumed that repairs to the vent and kitchen plinth should have been completed in one visit, or as soon as possible thereafter. If the landlord had cause to delay completion of these works, the Ombudsman has seen no evidence that it explained this to the resident at the time. This suggests that the landlord’s communications did not improve, or there was an issue with its record keeping.
  6. The landlord told the Ombudsman on 25 July 2023, that excluding the repairs to the walls and ceilings, it had booked appointments for all other outstanding works to be completed. The landlord gave no explanation for it not completing repairs to the living room vent and kitchen plinths, within the timescales it originally promised. In the Ombudsman’s opinion, the landlord’s delay to complete these works was unreasonable and was not in keeping with the commitments given in its repair’s handbook. This was likely to have caused the resident frustration and inconvenience.
  7. The Ombudsman has assumed that the other works referenced in the landlord’s stage 2 response, were treated as planned works. This is because the landlord would have needed to identify the underlying cause of the cracks before carrying out remedial works and replastering.
  8. It has not been possible to determinate based on fact whether the landlord reinspected the property on 10 November 2022, as promised. The landlord told the Ombudsman on 25 July 2023, that it was unable to book an appointment to repair and replaster the walls and ceilings, until it had resolved a leak from the roof. Since it would have needed to satisfy itself that the leak had been fixed before replastering, the Ombudsman considers that it was not unreasonable for these repairs to be handled in stages. However, having fixed the roof, the Ombudsman would have expected the landlord to have scheduled and carried out the remaining works expediently.
  9. The resident has explained that the roofing works were completed sometime around October 2023. The Ombudsman is led to understand that repairs to the ceilings and walls remain outstanding. The landlord’s lack of prioritisation after completing the roofing repairs was unreasonable. This has caused the resident continued uncertainty and inconvenience.
  10. As a remedy, the resident has asked for all outstanding repairs to be completed and for the landlord to redecorate the property thereafter. Better still, the resident would like to redecorate herself and the landlord pay the invoice. While the landlord is obliged to complete repairs under the tenancy agreement, responsibility for internal decorations falls to the resident. However, considering the scale of the disrepair to the walls and ceilings throughout the property, the landlord may wish to consider if there is any assistance that it can provide to the resident in this regard.
  11. When considered cumulatively, there was maladministration in the landlord’s handling of the resident’s reports about multiple outstanding repairs.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports about multiple outstanding repairs.

Orders

  1. The landlord must write to the resident to apologise for the failings identified in this report.
  2. The landlord must pay compensation of £250 directly to the resident. This has been determined in line with the Ombudsman’s remedies guidance.
  3. The landlord must provide the resident with a copy of its inspection report from 29 June 2022. Against each repair identified, the landlord must provide the current repair status. For outstanding repairs, the landlord must provide the resident with an action plan, with timescales, for completing works. The landlord should act accordingly thereafter.
  4. The landlord must provide evidence to the Ombudsman that it has complied with the above orders, within 4 weeks of the date of this decision.

Recommendation

  1. The landlord may wish to consider any assistance that it can provide the resident with internal redecorations, following completion of outstanding works.
  2. The landlord should confirm its intentions to the Ombudsman in regard to this recommendation within 4 weeks of the date of this decision.