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Islington Council (202234316)

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REPORT

COMPLAINT 202234316

Islington Council

15 November 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 response to the resident’s:
    1. Request for general repairs.
    2. Report of no heating.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident has a secure tenancy with the landlord, which is a local authority. The tenancy commenced on 22 August 2022. The property is a 2 bedroom flat on the fifth floor of a block with 9 floors. The landlord has no record of any vulnerabilities for the resident.
  2. On 22 August 2022 the resident contacted the landlord to report cracks in the walls. The landlord inspected the property on 15 September and recommended repairs be carried out. A job sheet dated 14 October set out works orders for the subsequent repairs. The landlord’s records show they were complete by the time of its stage 2 complaint response of 18 March 2023.
  3. On 1 January 2023 the landlord raised a works order in response to the resident’s report that she had no heating. The landlord marked the repair as completed on 1 February.
  4. The resident made a stage 1 complaint on 18 January 2023, as follows:
    1. She signed her tenancy on 15 August 2022. Although she was charged rent from 22 August she could not move in as repairs were outstanding.
    2. The repairs that were carried out were not completed “properly.”
    3. Her heating had not worked for 2 weeks. She raised an emergency repair and was told the radiators were leaking and needed replacing.
    4. She did not hear anything and therefore had to chase a response. The landlord said it was waiting to hear back from its contractor to confirm who would be carrying out the repair.
    5. She said that 2 weeks later she was still without heating and she had a 15 month old baby. The landlord promised to provide blow heaters but failed to do so, causing the resident to purchase one at her own cost.
    6. She was dissatisfied with the lack of communication from the landlord.
  5. The landlord provided its stage 1 complaint response on 1 February 2023, the main points being:
    1. On 14 October 2022 the landlord raised works orders for plastering, plumbing and carpentry repairs.
    2. It apologised that the repairs had prolonged the resident’s move in date.
    3. On 10 January 2023 it attended the property and identified which parts were required to resolve the issue. A further works order was raised the following day and it attended again on 1 February to replace 5 thermostatic valves and restore the heating.
    4. The resident experienced a loss of heating from 10 January to 1 February. Compensation for loss of heating and/or hot water was processed by another team and the resident was signposted accordingly.
    5. It partially upheld the resident’s complaint due to the inconvenience caused by the void repairs being carried out after the tenancy start date. However, the heating repairs were carried out in a timely manner.
  6. On 1 February 2023 the resident emailed the landlord to request to escalate her complaint, as follows:
    1. The heating was fixed but she requested to escalate to stage 2 because she had been left for 3 weeks without heating. She reiterated that she had a young baby and there had been times when she had been unable to stay at the flat. She also said her son had suffered from flu and had been to the GP due to how cold it was.
    2. She had paid to have the property decorated due to inaction by the landlord. She said the plaster was starting to crumble and had fallen out in places.
    3. She said she was “not helped to a satisfactory standard” after she reported the repairs. She had paid for a decorator to plaster and repair things the landlord was responsible for.
    4. She had been contacting the landlord for months to advise that the outstanding repairs had stopped her moving in. She said she would contact the correct team to request compensation.
  7. The landlord provided its stage 2 complaint response of 18 March 2023, the main points being:
    1. It apologised for the delay in its response and offered £25 compensation.
    2. On 22 August 2022 the resident reported some radiators were rusted and not working. She had also reported that some windows did not work correctly.
    3. It had raised a works order for its surveyor to attend the property to carry out a structural assessment of the cracks in the wall. An inspection was carried out on 15 September and a works order raised for plastering works.
    4. It inspected the property again on 14 October and raised works orders for “various” repairs. Its contractor did not complete all works as some had already been completed, adding “I presume this to be the private works you paid for.”
    5. The resident’s request for compensation was referred to the appropriate team to calculate and award however, they failed to progress the request. It apologised for the “shortfall in service provided.”
    6. It offered £25 compensation for its failure in addition to the compensation applicable for loss of heating and inconvenience.
    7. It also said it would consider a partial reimbursement for private works carried out by the resident if she was able to provide an invoice.
    8. It offered £320.20 compensation comprised of:
      1. Loss of heating (10 January to 1 February 2023) for 23 days at a rate of £7.40 a day amounting to £170.20.
      2. £50 for inconvenience.
      3. £50 for time and trouble.
      4. £25 for its failure to act on the resident’s request for compensation.
      5. £25 for its delayed complaint response.
    9. Although it awarded compensation its decision was that it did not uphold the complaint because it was satisfied with the outcome of its stage 1 investigation.
  8. On 28 March 2023 the resident contacted this Service to request that we investigate her complaint because she remained dissatisfied with the landlord’s response. The complaint became one we could investigate on 7 May 2024.

Assessment and findings

  1. The landlord’s repairs policy defines urgent repairs as those which affect a resident’s day to day living. It will respond to urgent repairs within 24 hours. It will respond to routine repairs within 20 working days.
  2. Its complaints policy says that it will respond to stage 1 complaints within 10 working days and to stage 2 complaints within 20 working days.
  3. Its compensation policy says that it will consider making payments for time and effort in pursuing a complaint and for distress caused by the substantive issue.

The complaint is about the landlord’s response to the resident’s request for general repairs

  1. On 22 August 2022 the landlord raised a works order to carry out a structural assessment following a report from the resident that there were cracks in the walls. The landlord carried out the inspection on 15 September which noted that there was “moderate damage” to some of the walls on the first and third floor landings and on the third floor staircase. It recommended that plastering works be carried out, to commence within 20 days which was 19 October.
  2. A job sheet dated 16 September 2022 confirms that plastering works to the hallway were completed. It is unclear whether this was part of the works recommended by the structural assessment or a separate repair.
  3. On 14 October 2022 the landlord raised a 5 day works order to carry out works relating to various plastering, plumbing and carpentry repairs. The target date was 21 October. The plastering works included the stairwell referred to in the structural assessment which were due to commence by 19 October.
  4. It is unclear why they had not been completed in accordance with the landlord’s internal deadline. Furthermore, it is unclear as to whether the deadline of 19 October had been communicated to the resident. This is a further record keeping failure which hampered this investigation’s assessment of any detriment caused.
  5. The resident’s stage 1 complaint of 18 January 2023 said that she had not been able to move into the property because of the outstanding repairs. In her stage 2 complaint of 1 February she said she had raised this with the landlord prior to making her complaint. This investigation does not doubt the resident’s account. However, there is no independent evidence to corroborate events. Therefore, it is not possible for this investigation to make a determination on this point.
  6. The landlord’s stage 1 complaint response of 1 February 2023 upheld part of the resident’s complaint on the basis that she had been caused inconvenience by the repairs being carried out after the tenancy had commenced. However, it failed to consider how it could put things right in line with its compensation policy which was inappropriate.
  7. In her email to the landlord on 1 February 2023 the resident said that due to the landlord’s inaction she had “paid for a decorator to plaster and repair things it was responsible for”. The landlord’s stage 2 complaint response of 18 March 2023 appropriately offered to consider compensation if the resident provided evidence of the works. However, it is unclear what works the resident carried out and when. Furthermore, it is unclear if the resident provided evidence of the cost and whether the landlord considered offering compensation.
  8. In its stage 2 complaint response of 18 March 2023 the landlord confirmed that on the tenancy start date the resident had reported that some of the radiators were rusted and not working. She also reported that some windows did not work correctly. This investigation has not seen copies of the reports made by the resident which is a record keeping failure.
  9. These repairs were included in the works order raised on 14 October 2022, 2 months after the tenancy start date. The landlord therefore failed to comply with the target for routine repairs set out in its repairs policy.
  10. The landlord’s failures amount to maladministration because they had an adverse effect on the resident. The landlord has been ordered to pay the resident £150 which is in line with the Ombudsman’s remedies guidance where there was no permanent impact.

The complaint is about the landlord’s response to the resident’s report of no heating

  1. On 1 January 2023 the landlord raised a works order for a repair. The entry does not say what the order was for. However, it was included at the top of a job sheet which contains further entries relating to a boiler repair so it is reasonable to assume it related to the same.
  2. This investigation has not seen a record of the resident’s request for the boiler repair which is a record keeping failure. Furthermore, it means it has not been possible to assess whether the landlord’s response was in line with its repairs policy.
  3. On 3 January 2023 the job sheet was updated to say the job was completed and that the central heating and hot water were “both working correctly on arrival. No issues upon arrival anymore.”
  4. A further entry on the job sheet dated 9 January 2023 shows a photograph taken at 11.10p.m. of a communal front door and the words “N/A @ 23:10.” It is unclear how this relates to the previous entries on the job sheet.
  5. A further works order was raised on 11 January 2023 again, the job sheet does not say what the order was for. Furthermore, there is no record of contact from the resident to request the repair. It was updated again on 12 January to say that a gas contractor had started work. A further update was added on 16 January to say that the resident had requested the landlord provide blow heaters.
  6. The lack of clarity on the job sheet was inappropriate because it did not clearly set out the resident’s first report and the detailed steps it took in response. This was a record keeping failure.
  7. A final update was added on 1 February 2023 to say the job was completed on that day. It had replaced 5 thermostatic radiator valves and resumed the heating supply. It confirmed all was in working order.
  8. The resident’s stage 1 complaint of 18 January 2023 said she was dissatisfied about the landlord’s lack of communication. There is no evidence that the landlord provided any updates to the resident regarding the progress of the repair which was inappropriate.
  9. The landlord’s records show that its initial response was in line with its repair policy. However, having identified a need to order parts the issue was not resolved until 23 days later. This caused inconvenience and distress to the resident. In its stage 1 complaint response of 1 February 2023 the landlord signposted the resident to be able to claim compensation.
  10. In its stage 2 complaint response of 18 March 2023 the landlord said that the resident’s request for compensation had been referred to the relevant team but that the payment was not progressed. It appropriately offered £25 for the inconvenience in addition to the payment of £170.20 for loss of heating and inconvenience.
  11. This investigation has not seen any evidence of correspondence between the resident and landlord regarding the request for compensation for loss of heating. This is a record keeping failure which impacts on this Service’s ability to assess whether the landlord’s response was appropriate in the circumstances.
  12. In its stage 2 complaint response the landlord also offered an additional £50 for time and trouble and £50 for inconvenience. It is unclear whether this was in relation to the loss of heating or the delay in carrying out the general repairs. The lack of clarity is compounded by the landlord’s statement that although compensation was awarded it did not uphold the complaint. This was because it was satisfied with the outcome of the stage 1 investigation, which partially upheld the complaint, although the reasons for the decision was omitted.
  13. The landlord’s failures amount to maladministration because they had an adverse effect on the resident. The landlord offered a total of £295.20 which is in line with the Ombudsman’s remedies guidance where there was no permanent impact.
  14. However, this does not prevent an adverse finding because the landlord had failed to identify the issues identified in this report and failed to demonstrate its learning from the complaint. Learning is an integral part of complaint handling because it helps to ensure that landlords do things differently.

Record keeping

  1. The Ombudsman would expect a landlord to keep a robust record of contacts and repairs, yet the evidence has not been comprehensive in this case. It is vital that landlords keep clear, accurate and easily accessible records to provide an audit trail. If we investigate a complaint, we will ask for the landlord’s records. If there is disputed evidence and no audit trail, we may not be able to conclude that an action took place or that the landlord followed its own policies and procedures. The Ombudsman’s investigation was hampered by the poor quality of the landlord’s records that were provided to this Service.
  2. The landlord was the subject of a special investigation by the Ombudsman in October 2023. One of the actions arising from the investigation was for the landlord to put in place formal procedures to ensure its records were complete and accurate. Therefore, it has not been necessary to make a further order in this report.

The Ombudsman has also considered the landlord’s complaint handling

  1. The resident made a stage 1 complaint on 18 January 2023. The landlord provided its response on 1 February which was appropriately in time.
  2. The Ombudsman’s complaint handling code (the Code) requires landlords to address all points raised in the complaint. The landlord’s stage 1 complaint response of 1 February 2023 failed to address the resident’s complaint that the delay in carrying out the repairs had prevented her moving in which was inappropriate.
  3. Furthermore, in its stage 1 response the landlord signposted the resident to an internal department to claim compensation for the time she was without heating. This was inappropriate because the landlord should have considered this as part of its complaint response. This is because putting things right is an integral part of complaint resolution. Instead of putting things right, the landlord’s response compounded the inconvenience already caused to the resident.
  4. The resident emailed the landlord on 1 February 2023 to set out her ongoing dissatisfaction. The landlord provided its response on 18 March which was 33 working days later and 13 days out of time. The landlord’s response appropriately apologised for the delay and offered £25 compensation.
  5. The landlord’s failures amount to maladministration because they had an adverse effect on the resident. The landlord is ordered to pay the resident £100 which is in line with the Ombudsman’s remedies guidance where there was no permanent impact. The landlord may deduct the £25 it has offered if this has already been paid.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s response to the resident’s request for general repairs.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s response to the resident’s report of no heating.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s complaint handling.

Orders

  1. Within 4 weeks of the date of the determination the landlord is ordered to:
    1. Write to the resident to:
      1. Apologise for the failures identified in the case.
      2. Set out its position regarding compensation for the private works carried out by the resident.
      3. Set out its position with regards to compensation for the inconvenience caused by carrying out void works after the tenancy start date.
    2. Evidence of compliance with the orders should be provided to the Ombudsman, also within 4 weeks.
    3. Pay the resident £545.20 compensation comprised of:
      1. £150 for the inconvenience caused by its failures in its response to the resident’s request for general repairs.
      2. £295.20 for the distress and inconvenience caused by its failures in its response to the resident’s report of loss of heating if this has not already been paid.
      3. £100 for the inconvenience caused by its complaint handling failures. The landlord may deduct the £25 it has offered if this has already been paid.