Leeds City Council (202119882)

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REPORT

COMPLAINT 202119882

Leeds City Council

6 April 2022


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 reports about the windows at the property.

Background

  1. The resident is a secure tenant of the landlord at the property, a one-bedroom flat.
  2. In July 2019, the resident advised the landlord that window repairs were needed to the living room and bedroom. In September 2019, the repair job was cancelled as the landlord’s contractor said they were not able to gain access to the property.
  3. The resident made a complaint to the landlord in 2021 about separate issues relating to the plastering of the chimney breast, and a broken extractor fan. As part of his request for the complaint to be escalated to stage two of the landlord’s complaints process, the resident also said that the living room and bedroom windows were very draughty, and he could feel the draught across the room.
  4. The landlord issued its stage two (final) complaint response on 2 November 2021. In respect of the windows, it said it had raised another repair order for these to be adjusted and the seals to be replaced. The landlord confirmed its contractor would attend on 4 November 2021.
  5. On 4 November 2021, the landlord’s contractor inspected the living room and bedroom windows. Their notes stated they had oiled the hinges, and that the seals and gaskets were intact and ok. They also said the vents to the bedroom window were open. The landlord therefore did not arrange any further repairs to take place to the windows.
  6. The following month, the resident advised this Service that he was still experiencing problems with the windows. He thought he had been paying more than he should have been in heating costs, and wanted to know if he could sue the landlord for extra heating costs, and also wanted to put in a claim for the issue causing him additional mental health problems.
  7. The resident later told this Service that whilst the issues with the plastering and fan were resolved, the remaining issue was the problem with the windows. He said the sealant was missing which sealed the windows from the outside. The resident explained that he had been reporting the problem for five to six years, and said that after the contractor had attended, he needed to put up a yellow vapour barrier sheet on his living room window to stop the wind blowing into the property.

Assessment and findings

Scope of investigation

  1. The resident has complained about an issue that he says was first raised with the landlord five to six years ago. The landlord’s first record of the issue with the windows being reported was in July 2019, which was two years before the resident complained to the landlord about the matter.
  2. The Ombudsman encourages residents to raise complaints with their landlords in a timely manner, so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and whilst the evidence is available to reach an informed conclusion on the events which occurred. As the substantive issues become historic it is increasingly difficult for either the landlord, or an independent body such as the Ombudsman, to conduct an effective review of the actions taken to address those issues.
  3. Whilst it is evident that the resident raised concerns with the windows in the property a considerable period prior to the formal complaint, he did not raise these concerns with this Service, nor progress them through the landlord’s complaints process in a timely manner. As such, this investigation has focussed solely on the issues pertaining to the complaint raised by the resident in July 2021.
  4. The resident has made comments about his medical condition in his contact with this Service. It is outside the Ombudsman’s remit to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. Matters of personal injury or damage to health, their investigation and compensation, are not part of the landlord’s complaints process, and are more appropriately addressed by way of the courts.
  5. This is in accordance with paragraph 39(i) of the Scheme which states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concerns matters where the Ombudsman considers it quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.
  6. The resident’s original complaint, from July 2021, related to repairs that he considered to have been outstanding from the year before the COVID-19 pandemic, as well as outstanding plastering works to the chimney at the property. He has confirmed to this Service that these issues have since been resolved, though he remains dissatisfied with the draught and cold entering the property through the windows, an issue he raised at stage two of the landlord’s complaint process (October 2021).
  7. It is evident that the landlord was satisfied to accept this new issue at this stage of the complaints process as its subsequent final response provided its position in this respect. The landlord’s response has been considered in further detail below, however, it is noted that the landlord, by accepting this new issue part way through the complaints process, effectively denied the resident the opportunity to escalate this aspect of the complaint and have it reviewed separately.
  8. Whilst the Ombudsman appreciates that the landlord intended to demonstrate flexibility in using its discretion by including the issue within the ongoing complaint, it is important that any new issue raised through the complaints process is allowed to progress through the various stages available. This ensures transparency to the complaints process, provides a further opportunity for potential service failures to be identified/addressed and also ensures a process compliant with the Ombudsman’s Complaint Handling Code.

Landlord response to reports about the windows

  1. The resident advised the landlord on 18 October 2021 that the living room and bedroom windows were draughty. The landlord arranged for its contractor to attend a few weeks later, on 4 November 2021. That was an appropriate response, and within the landlord’s repair response time of 20 working days for general repairs.
  2. The contractor found they did not need to carry out a repair (other than to oil the hinges), and reported that the seals and gaskets were intact. It is not clear if the contractor inspected both the outside and the inside of the windows. Though it was reasonable for the landlord to rely on what its contractor had said, and not take any further action.
  3. However, the resident has maintained that cold air continued to blow through his windows after the contractor’s visit, and has described how he needed to put up a vapour barrier sheet in the living room. He says he has found that the issue is with the sealant on the outside of the windows.
  4. Given that the resident has continued to experience problems and has reported identifying the issue with the windows, a reasonable solution would be for the landlord to arrange for a further inspection to take place, and to arrange for the contractor to inspect the exterior of the windows if this is possible. As such, a recommendation has been included to this end.
  5. In all the circumstances of the case, there has been no maladministration in respect of the complaint. The landlord, upon receiving the resident’s reports about the windows, arranged an inspection that took place promptly. The inspection did not identify any issues with the windows and it was reasonable for the landlord to rely on the opinion of the operative that attended that day in reaching its conclusion that no further works were required.

Determination (decision)

  1. In accordance with paragraph 54 of the Scheme, there was no maladministration by the landlord in its handling of the resident’s reports about the windows at the property.

Recommendations

  1. The landlord should arrange for a further inspection to take place of the living room and bedroom windows, and arrange for the contractor to inspect the exterior of the windows if this is possible.