Leeds City Council (202211100)

REPORT

COMPLAINT 202211100

Leeds City Council

19 January 2023

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 of repair issues with the back door.

Background

2. The resident is a secure tenant of the landlord.
3. In October 2021, the resident reported that the back door was causing a draught in the property. A contractor identified a new “bubble gasket” was required on 19 November 2021, which was then installed on 2 December 2021. Follow-on works to replace the draught-proofing and rehang the door frame were completed by a sub-contractor on 18 January 2022. On 8 June 2022, the resident reported water was entering the property through the bottom of the door, and a contractor installed a weather strip on 24 June 2022.
4. The resident raised a complaint to the landlord on 5 July 2022 as she said despite numerous repairs, there was water entering the property when it rained, which had caused damage to the carpet. She was dissatisfied that a previous contractor had advised that the door required replacement, but she had since been advised it was fit for purpose.
5. In the landlord’s final response to the complaint, it said the contractors had identified that the door was dragging on the carpet, which caused damage to the gasket and allowed water into the property. It said it was unable to replace the door, as it was economically viable to repair it and it was replaced previously in 2014, so it was within its expected lifespan. It also noted that the door only leaked in adverse weather conditions, and “when water tested under normal conditions it performs as it should”. It offered to replace a section of the carpet with a hard flooring as a gesture of goodwill.
6. In the resident’s complaint to this Service, she said she remained dissatisfied as she thought the installation of hard flooring would cause issues with heat retention in the property. She requested for the door to be replaced.

Assessment and findings

7. In accordance with the tenancy agreement, the landlord is responsible for repairs to the structure and exterior of the property. It is therefore responsible for completing repairs to external doors. The landlord’s repairs handbook states that it will complete general repairs within 20 working days. The landlord was therefore obliged to respond to the resident’s reports of the back door repair issues in line with its repair response timeframes.
8. The landlord seemingly acted appropriately as it appeared to have responded to the resident’s individual reports of issues with the back door within its repair response timeframes, other than when follow-on work was required, which was then promptly arranged. However, although the landlord stated in its complaint response that the resident reported a draught from the door in October 2021, it is unclear from the repair records exactly when it was reported. An appointment was attended on 19 November 2021, so it may have been the case that the landlord exceeded its repair response timeframe, albeit not excessively. Regardless, the landlord should ensure that it keeps clear, accessible repair records in order to provide an audit trail. A recommendation has been made below for the landlord to review its record keeping practices to ensure it records the date in which repairs are reported.
9. In her complaint to this Service, the resident said she was dissatisfied as she wanted the door to be replaced. Whilst the problems she experienced with the door were understandably frustrating for the resident, the Ombudsman must also consider that social landlords have limited resources and are expected to manage these resources responsibly, to the benefit of all their residents. The landlord’s repairs handbook states “We will always carry out repairs where it is cost effective to do so. We will only replace parts if they cannot be repaired”. It was therefore reasonable that the landlord explained to the resident in its complaint response that it generally replaced external doors through planned work schemes, and doors would only be replaced outside of such a scheme if they could not be economically repaired . As a result, it was appropriate for the landlord to attempt to repair the door as it was determined that it was economically viable to do so.
10. While it was appropriate for the landlord to attempt to repair the door, if several repairs failed, it should consider alternative action or assess replacing the door. Following several repairs, the contractor identified that the repair issue was recurring as the thick carpet undelay was causing additional friction and resulting in damage to the gasket. The contractor recommended that replacing the carpet with a smooth flooring, such as vinyl, would prevent damage to the gasket and would be a longer lasting repair. Ultimately, the landlord’s decision that the door was not in need of replacement was reasonable as it relied on the opinions of its appropriately qualified contractors to determine the required repairs. As an alternative repair had been identified, the landlord would not be expected to replace the door.
11. The landlord initially advised the resident that she would be responsible for the cost of the work, however, in its stage two complaint response it agreed to complete the work as a gesture of goodwill. The landlord exceeded its strict obligations by offering to replace the flooring to prevent recurrence of the damage to the gasket, as in accordance with the tenancy agreement, the carpet is considered the resident’s “personal property” and therefore her responsibility to repair and replace if needed.
12. The landlord’s response stated it would complete the repair with the resident’s permission, but there is no evidence that she granted permission or that the repair has since been completed. The resident is not obliged to give permission for the flooring to be replaced but if she does not give permission the landlord may not reasonably be in a position to do anything further to resolve the problem with the door. In her complaint to this Service, the resident raised concerns that the work would cause issues with heat retention and draughts in the property. The Ombudsman can understand the resident’s concerns, however, there is no evidence that she raised these concerns directly with the landlord, so it has not been given the opportunity to address them. It is recommended that the landlord contacts the resident to discuss her concerns regarding the possibility of replacing the flooring.
13. Overall, the landlord acted reasonably as it completed required repairs within reasonable timeframes, relied on its contractor’s opinions to determine the door was not in need of replacement and offered to complete additional repairs as a gesture of goodwill to avoid the issue recurring.

Determination

14. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its handling of the resident’s reports of repair issues with the back door.

Recommendations

15. It is recommended that the landlord contacts the resident and discusses her concerns with the recommended repairs to replace the flooring.
16. It is recommended that the landlord reviews its record keeping practices to ensure it keeps clear, accessible repair records and it records the dates when repairs are reported.