Hyde Housing Association Limited (202309718)

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REPORT

COMPLAINT 202309718

Hyde Housing Association Limited

1 July 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 the resident’s reports about repairs to the windows.

Background

  1. The resident is an assured tenant of the landlord. The property is a 2-bedroom maisonette.
  2. The resident reported a blown window to the landlord in 2022 as part of a previous complaint. On 16 August 2023, the resident reported several windows to the property were blown.
  3. On 12 October 2023, a contractor visited the property and confirmed the windows had blown seals and glass panes needed replacing. In late October 2023, a window contractor measured the windows.
  4. On 13 November 2023, the resident made a formal complaint to the landlord during a telephone call and she followed up by email on 15 November 2023. She explained that the repairs were outstanding and she had more than 11 windows which were blown and 1 broken. She complained about her increased use of gas  due to heat loss, the cost of living crisis and the delay in repair.
  5. On 28 November 2023, the landlord issued its stage 1 complaint response. It acknowledged the delay and apologised for the distress and inconvenience caused. It explained that the repairs were scheduled for 30 November 2023 and offered £250 compensation. It also acknowledged that it must improve its response times and explained that it was undertaking several actions to improve this.
  6. On 30 November 2023, 9 windows were repaired however 2 additional windows needed replacing and this was not carried out.
  7. On 4 December 2023, the resident escalated her complaint. She explained that 2 windows were not replaced and contractors had advised her not to touch the damaged windows. She explained that the Christmas period could delay repairs. Furthermore, she mentioned again the increased use of gas due to the recent cold weather. She also informed the landlord that she was a registered disabled, and she had a heart condition and the cold exacerbated her symptoms.
  8. On 22 December 2023, the landlord issued its stage 2 response. It acknowledged that it failed to complete the window repair and reassure her. It increased the offer of compensation to a total of £550 (£50 for complaint handling, £50 customer effect, £150 for the distress and inconvenience, £150 for the delays, and £150 for reimbursement for cost of using extra energy). It explained that 2 windows had not been included in the original report and this had caused further delay. It confirmed the windows would be measured on 11 January 2023 and fitted in 4-6 weeks. It acknowledged it should have communicated better and acted more quickly.
  9. On 4 April 2024, the outstanding windows were replaced. The resident explained to us that she was dissatisfied with the length of time this had taken and the standard of those works. She also raised a new complaint with the landlord about repairs to the newly fitted windows.

Assessment and findings

Scope of investigation

  1. The Service has seen evidence of the resident reporting issues with the windows and 1 window blown in 2022. This was part of another complaint about the condition of the property which exhausted the landlord’s process on 21 July 2023. We determined this (on 13 February 2024 under case reference 202119268) and made no specific orders as to the windows repairs.
  2. The resident raised the complaint about the number of blown windows on 13 November 2023 and while the historical issues provided contextual background to the current complaint, this investigation has primarily focused on the landlord’s handling of the resident’s recent reports from August 2023 that were considered in the landlord’s final response. Residents are expected to raise complaints with their landlords normally within 12 months of the matters arising. This is so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.
  3. The landlord’s complaint process was exhausted on 22 December 2023 and the windows were replaced on 4 April 2024 as part of the follow up.  The resident then raised issues related to the quality of the replacement window. While the landlord has responded at stage 1, this matter has not fully exhausted the landlord’s complaint process (logged with the Service under case reference 202504230). The scope of this investigation is limited to the issues raised during the resident’s earlier formal complaint (12 October 2023 – 22 December 2023, and until the windows were replaced).
  4. Any new issues raised following the end of the landlord’s complaint process will not be considered as part of this investigation. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions fully through its complaints process prior to our involvement. If the resident is dissatisfied with the landlord’s handling of the subsequent issues, she can escalate her concerns with the landlord and follow its process until she exhausts it. If the resident experiences any difficulties in doing so she can contact us using case reference 202504230.
  5. Throughout the period of the complaint, the resident raised concerns about how the issues and the landlord’s subsequent service delivery may have impacted her health. The Ombudsman is unable to make a determination that the actions or omissions of a landlord have had a causal impact on a person’s health. Such a determination is more appropriate through an insurance claim or by a court. Should the resident wish to pursue a claim relating to the impact on her or her family’s health, she has the option to seek legal advice. The Ombudsman has, however, taken into account any general distress and inconvenience that the landlord’s service delivery may have caused.

Landlord’s handling of reports of repairs to the windows

  1. The Housing Act 2004 obliges landlords to provide a safe and healthy environment in its properties by keeping these free from unnecessary and avoidable hazards, and by providing adequate protection from these, including falling elements and structural collapse.
  2. The landlord’s responsive repairs procedure states that anytime repairs should be completed within 20 working days. The resident reported on 16 August 2023 that windows in the bathroom, toilet, kitchen, bedroom, spare room and living room were blown. The landlord inspected the property on 12 October 2023, in 42 working days. This was more than double the timeframe set out in its responsive repairs procedure. The landlord repaired most of the windows on 30 November 2023, in 77 working days and replaced the final 2 window on 4 April 2024, in 162 working days. This delay of 8 months was not reasonable.
  3. When the landlord could not meet expected timeframes, it should have maintained effective communication with the resident. There is no evidence of proactive contact by the landlord whereas there is evidence of the resident chasing and submitting a complaint in November 2023. The landlord had not arranged any work at that point. The resident should not have needed to chase or raise a complaint before the landlord carried out a repair work. There was further delay in the repair after the stage 2 response and there is no evidence of the landlord informing the resident that it would not be able to meet the expectation it set at stage 2. This was unreasonable and caused additional frustration and inconvenience to the resident having to chase the landlord for updates.
  4. Furthermore, the resident had to chase 3 times before receiving an acknowledgement for the complaint escalation. It is not reasonable that the resident had to repeatedly chase the landlord. This is not in line with our Code as landlord should keep the resident appropriately informed not only for repairs but also complaint responses.
  5. During the 8-month delay, the landlord inspected and repair the windows on 5 occasions (12 October 2023, late October, 30 November 2023, 11 January 2024 and 4 April 2024). 2 windows were missed off the original report and only came to light after the windows were fitted in November 2023. Inspection reports should be comprehensive and have full instructions, missing these two windows in the report caused the above mentioned further delay and inconvenience to the resident of an additional appointment.
  6. It is reassuring to see the landlord acknowledged the inconvenience to the resident of the delays, the repeated chasing of both repairs and complaint, and multiple and missed appointments. It apologised and appropriately offered compensation for the above mentioned failures and the distress and inconvenience caused to the resident.
  7. There is no evidence that the landlord considered temporary measures aside from advising the resident not to touch the broken windows. Furthermore, the landlord had a record of the resident’s vulnerabilities and the resident also informed the landlord in her escalated complaint that she was a registered disabled and had a heart condition. She also explained that the cold exacerbated her symptoms. The repair period was over the winter months and the resident reported increased use of heating to keep the property warm. There is no evidence that the landlord acknowledged the resident’s reports of health conditions or considered any temporary measures because of this. This is inappropriate as the landlord should have ensured the property was safe and any vulnerabilities were appropriately considered. Furthermore, in its complaint response, it did not specifically comment on this, which was not appropriate.
  8.  However in its stage 1 response, it offered £50 for personal customer effect and at stage 2, offered £150 for reimbursement for cost of using extra energy. This was a reasonable attempt to put things right and to ensure that it acknowledged its failures.
  9. The landlord acknowledged its failings and offered compensation in line with its compensation policy. The total of £550 compensation was proportionate for the experience by the resident until its stage 2 response inconvenience. The compensation also acknowledged the additional use of energy during the winter months. However, the outstanding windows were replaced on 4 April 2024, 6 weeks after the stage 2 time estimate. The landlord did not provide a timely update to the resident as to the reasons of this further delay. The continued delay was not reasonable and added to the resident’s inconvenience and increased use of heating therefore the landlord has been ordered to pay £100 in addition to its earlier offer of £550.
  10. It is further acknowledged that the resident reported concerns with the standards of those repairs. However, as per the above scoping paragraph this is matter of a new complaint and is not taken into consideration when deciding the level of compensation.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s reports about repairs to the windows.

Orders and recommendations

Orders

  1. Within 4 weeks from the date of this report, the Ombudsman orders the landlord to:
    1. Provide a written apology to the resident for the failures identified in this report.
    2. Pay a total compensation of £650 to the resident. This amount is comprised of:
      1. £550 compensation (if not paid already) to the resident offered during its complaints process for the delays in repairs to the windows.
      2. £100 additional compensation in recognition of the further delay, and distress and inconvenience caused by the landlord’s handling of repairs to the windows.
    3. Contact the Service and provide evidence of compliance with the above orders.