Leeds City Council (202217879)
REPORT
COMPLAINT 202217879
Leeds City Council
30 September 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
- The complaint is about the landlord’s handling of the resident’s:
- request for support from council services.
- responsive repairs.
- reports the property is uninhabitable.
- The Ombudsman has also investigated the landlord’s handling of the resident’s complaint.
Background
- The resident has a secure tenancy of the property which began on 21 October 2013. The property is a 1-bedroom ground floor flat. The landlord is a local authority. The resident has a diagnosed mental health condition which the landlord is aware of.
- The landlord completed major refurbishment works to the resident’s property in November 2021. A post inspection was completed in March 2022 when it was agreed that the majority of the work had been completed satisfactorily, save for some minor snagging issues which the landlord said were completed in September 2022.
- Between 10 November 2022 and 3 May 2023, the resident sent 13 handwritten letters to the landlord and other departments within the local authority. In the letters the resident repeated complaints about the condition of his property, the impact this was having on his health and wellbeing and the lack of support he was receiving. He stated that he had no gas or electricity, no heating or hot water, there was a leak in the bedroom ceiling, there was a leak in his cellar, and there was damp, mould and asbestos in the property which made it uninhabitable. It was not clear from the resident’s letters what period his complaints related to. The resident also sent 17 letters of the same nature to the Ombudsman during the same time period.
- On 3 May 2023 the resident complained to the landlord. He said he was not happy because:
- his property had been condemned and he had not been provided with alternative accommodation
- he was homeless because of the condition of his property and the housing options team was not supporting him
- On 22 May 2023 the Housing Ombudsman Service contacted the landlord to inform it that the resident had asked for the Ombudsman’s help to make a complaint. We explained that the resident was dissatisfied with his housing condition because:
- he had no heating or hot water in the property
- he had no electricity supply in the property
- the property was uninhabitable
- On 20 June 2023, the landlord sent its stage 1 response to the resident in which it said:
Lack of heating and hot water
- It confirmed the resident had an electric boiler which provided heating and hot water to his property. When the resident had reported this issue in the past the landlord had found the boiler was working fine and the problem was due to the resident not putting any credit on his pre-payment meter.
- It confirmed it had inspected the boiler on 19 April 2023 and noted the resident’s meter was in debt by £48. It confirmed that support had been provided to the resident to top up his credit on several occasions and the boiler had worked fine once the power was restored.
No electricity supply in the property
- It confirmed that it had looked into this issue on several occasions. On each occasion it had found there had been no problem with the electricity supply.
- It confirmed its electrician had checked the electrical installation at the property during the refurbishments in November 2021 and it found the installations to be satisfactory. The landlord said that the problem was due to the resident not putting credit onto his meter, which was the resident’s responsibility.
- It confirmed that the resident’s support workers, who visited him every Tuesday, were best placed to give him practical support and advice. It said the support workers would support the resident to contact British Gas to arrange replacement of his pre-payment meter with a credit meter which would ensure the resident did not run out of power.
The property was uninhabitable
- It confirmed that a large-scale refurbishment of the property took place in November 2021. It confirmed that these works addressed a number of repairs which the resident had reported to the landlord and also included some improvements.
- It confirmed that the resident had continued to report concerns over the condition of his property following the refurbishment. However, visits from the resident’s support workers and other council officers had consistently confirmed that the conditions were not as the resident described and that his home was in a reasonable state of repair.
- It said that its contractor had inspected the property on 19 April 2023 and raised the repairs it had identified which the landlord was completing, subject to the resident allowing access.
- On 25 July 2023, the resident wrote to the landlord in which he again set out his dissatisfaction with the condition of his property. The landlord accepted this letter as the resident’s escalation of his complaint.
- On 23 August 2023, the landlord sent its stage 2 response. The landlord confirmed it had visited the resident at home on 22 August 2023 to discuss his complaint and gain a better understanding. The landlord said, after speaking to the resident, it understood his complaint to be about the following issues:
No heating or hot water to the property
- The landlord confirmed that the resident had reported this on multiple occasions and each time the landlord had investigated it found this was due to the resident not having credit on his pre-payment meter.
- The landlord said that it had tested the boiler on 18 August 2023 and again on 22 August 2023. The boiler had been working on both occasions.
No electricity to the property
- The landlord confirmed that, as set out in its stage 1 response, the issue with the resident’s electricity supply was that he did not routinely put credit onto the pre-payment meter.
- The landlord said that, following its meeting with the resident on 22 August 2023, it understood that the resident often did not have means to pay for electricity credit. The landlord confirmed that this was something that the resident could discuss with his social worker, subject to the resident’s engagement.
- The landlord confirmed that it was aware that the resident’s social worker was still keen to work with the resident and complete a care and support plan. The social worker also hoped to support the resident with his finances and moving him over to a credit electricity meter so that the resident would not experience problems topping it up in the future.
The property was uninhabitable
- The landlord referred to the refurbishment of the property in November 2021 and the repairs to the property which the landlord completed in June 2023.
- The landlord confirmed that following its visit on 22 August 2023 it could not find any outstanding repairs, with the exception of a coat rack which had come away from the wall. The landlord confirmed it had arranged for this to be refixed to the wall.
- During the visit the landlord spoke to the resident about the accumulation of items within the property.
- The landlord noted that the resident had covered one of the smoke detectors with tape. The resident allowed the landlord to remove this at the visit.
- The landlord had requested a fire safety ‘safe and well’ visit and said the fire and rescue service would contact the resident to arrange this.
Dangerous asbestos in the property
- The landlord carried out a full asbestos survey prior to the refurbishment works in November 2021 and completed the necessary works at the time.
- The landlord said that it could arrange for a member of its asbestos team to discuss this with the resident if he remained concerned.
Request for compensation
- The landlord had considered the resident’s request for compensation and did not see any grounds to award this.
- The landlord had responded to the resident’s repairs and concerns appropriately.
- The landlord had worked collaboratively with adult social care to ensure it had provided the maximum support to the resident.
The resident did not feel he was receiving adequate support from council services
- Following the visit on 22 August 2023, the landlord had spoken to adult social care and the housing team and confirmed that offers of support which had been made to the resident previously, remained open should he wish to accept them.
- The resident remained dissatisfied with the landlord’s answer and referred the complaint to the Ombudsman.
Assessment and findings
Jurisdiction
- What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme (the Scheme). When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
- Paragraph 41(d) of the Scheme states:
41. The Ombudsman cannot consider complaints which, in the Ombudsman’s opinion: (d) concern matters in respect of Local Housing Authorities in England which do not relate to their provision or management of social housing, or the management of dwellings which they own and let on a long lease
- In his complaint the resident said that he was not receiving enough support from council services including adult social care and the housing options team.
- The council is only a member of the Housing Ombudsman Scheme for its management of social housing and long leases. It is not a member in respect of its social care function or its wider ‘housing options’ and homelessness functions. These are services offered to citizens of the city, regardless of whether they have a social housing tenancy or long lease with the landlord. Therefore, the Housing Ombudsman has no power to investigate this ground of complaint.
- This aspect of the resident’s complaint may therefore fall within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO). This is the appropriate body to consider complaints about a local authority.
Scope of the investigation
- In the interest of fairness, the Ombudsman has limited the scope of this investigation to the issues raised during the resident’s complaint dated 3 May 2023, which completed the landlord’s internal complaints procedure on 23 August 2023. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions before the involvement of this service. The Ombudsman is aware that the resident has raised issues about his property both before and after these dates. The Ombudsman has referenced events that pre and post-date this period for contextual reasons.
The landlord’s handling of the resident’s responsive repairs
- The Landlord and Tenant Act 1985, places a statutory obligation on the landlord to keep in repair the structure and exterior of the property, the installations for the supply of gas and electricity, heating and hot water. These obligations are also reflected in the resident’s tenancy agreement. It should also be noted that the tenancy agreement obligates the resident to provide access to the landlord to conduct repairs in his property.
- The landlord’s policy states its repair response times are as follows:
- emergency repairs such as total electric failure, uncontrollable leaks, total or partial loss of heating and hot water (between 1 November to 30 April). The landlord will attend within 3 hours and complete the emergency repair within 24 hours
- priority repairs, such as plumbing, drainage, partial loss of electricity and total or partial loss of heating or hot water (between 1 May and 31 October). The landlord will carry out the repair within 3 working days
- other priority repairs such as extractor fans not working and roof leaks. The landlord will carry out the repair within 7 working days
- general repairs, such as small external repairs, fixing of cupboards and units and general heating repairs. The landlord will complete these within 20 working days
- The Ombudsman has seen evidence that the landlord has worked very closely with adult social care in supporting the resident with his housing needs. The Ombudsman recognises that the frequency and content of the resident’s letters would likely be difficult for the landlord to manage and respond to. During the time covered by this investigation, the resident received a weekly support visit from a member of the adult social care team. This provided support to the resident to put credit on his electricity meter and also to ensure that any repairs were reported to the landlord.
- On 20 December 2022, the resident reported that he had no heating or hot water in his property. The landlord liaised with the resident’s social worker and arranged to meet at the resident’s property at 4.30pm on the same date to check the electrics and boiler. The resident was not in. The landlord attended the following day. It checked the boiler and found that either a setting had been changed or the boiler had been affected by a power outage or there being no credit on the meter. The landlord reset the boiler. This was appropriate as it was consistent with the landlord’s policy.
- On 27 December 2022, the resident reported a leak affecting his bedroom ceiling, which the landlord repaired on the same date. This was appropriate as it was consistent with the landlord’s policy.
- On 4 January 2023, the resident reported the leak in his bedroom ceiling again and also that his boiler was not working. The landlord raised a job to clear out the debris from the gutters and the downpipe and to check the boiler. The landlord’s records show that the job raised for the boiler was completed on 8 February 2023. It is not clear from the records if attempts were made to check the boiler before this date. The landlord is reminded to keep more detailed case notes to show what action it has taken.
- On 9 March 2023, the resident went into the landlord’s housing office to report that he had no gas or electricity at the property. The resident also reported that he was not receiving any support from adult social care. The landlord contacted adult social care to ask if the resident had mentioned the repairs to his social worker at their visits. The resident’s social worker confirmed that they had tried to visit the resident twice on 9 March 2023 but he had not been in. It was reasonable of the landlord to check with the resident’s social worker if the resident had mentioned the repair to them because of the history in this case and this was the arrangement which was in place.
- The records show that the resident’s social worker attempted to visit the resident on 9, 10, 14, 15, 17 and 21 March 2023 in order to speak to him about his property and his concerns about lack of support. All attempts were unsuccessful.
- On 21 March 2023, the resident wrote to the landlord setting out his concerns about the condition of his property. The letter again included comments that the property was in disrepair with no heating or hot water. It is unclear from the records what date this letter was received. However, there is evidence that the landlord spoke to the resident’s social worker on 30 March 2023. The social worker informed the landlord that there was nothing wrong with the resident’s property as far as it was aware, it was not in disrepair. The resident had included new repairs within the letter, which had not been included in previous letters. He said that his toilet was leaking and he had a leak in his bedroom ceiling. There is no evidence that the landlord logged these repairs at this time, which was a failure.
- On 17 April 2023, the landlord wrote to the resident to confirm it had seen the resident’s letter of 21 March 2023 reporting the new repairs. The landlord said that these repairs were potentially hazardous to the resident’s health and it wanted to ensure they were rectified. The landlord informed the resident that his social workers had been trying to engage with him since receipt of the letter to discuss the repairs and arrange completion, but the resident had not engaged with them. The landlord referred the resident to his tenancy obligations, to allow access to the landlord to complete repairs. The landlord gave an appointment for 19 April 2023 to repair the resident’s toilet and check the bedroom for signs of any damp and mould. This was reasonable in the circumstances.
- On 19 April 2023, the landlord inspected the resident’s property and identified a number of repairs. The landlord also checked the bedroom for damp and mould and noted that there was no evidence of this. This was appropriate.
- At the visit on 19 April 2023 the resident told the landlord that his boiler was faulty. The landlord checked the boiler and found there was no fault. The landlord checked the resident’s meter and saw that it was in debt. The resident told the landlord that he could not afford to pay for electricity. The landlord emailed adult social care the following day to make them aware that the resident’s meter had a debt on it and that he had said he could not afford to put credit on. The landlord’s safeguarding policy states that a local authority has a statutory duty to make whatever enquiries it thinks necessary where it has reasonable cause to suspect an adult in its area has needs for care and support, whether or not the authority is meeting any of those needs. The landlord’s actions were appropriate and consistent with its policy.
- Following the inspection the landlord raised the identified repairs with the following target dates:
- Investigate possible rotten floor area in rear bathroom. Repair where necessary. Apply floor levelling compound if necessary. Fit new toilet. Target date – 25 April 2023.
- Roof repair to flash to rear bay left hand side. Gap in flushing at gutter level. Check/clear gutter if necessary. Repoint gap at path level between house and path (small area). Target date – 21 April 2023.
- Decorate bedroom after leak damage to rear bay. – Target date – 22 May 2023.
- On 24 April 2023 and 9 May 2023, the landlord contacted adult social care to explain that it had been trying to arrange appointments to complete the repairs identified on 19 April 2023. The landlord said it had tried to call the resident to book the appointments with him, but it had been unsuccessful as the resident’s phone went to voicemail. The landlord also said it had attended the property to carry out the repairs, but the resident had not been in. It is unclear from the evidence provided on what dates the landlord called the resident and what dates it attended his property. The Ombudsman is therefore unable to determine whether its actions were reasonable or not. The landlord is reminded to keep more detailed case notes to show what action it has taken.
- On 16 May 2023, the landlord’s contractor attended the resident’s property to complete the repairs to the bathroom and the redecoration to the resident’s bedroom. The resident was not at home and the landlord recorded both jobs as no access.
- On 19 May 2023, the adult social care team wrote to the resident in response to his letters dated 12, 26, 27 April 2023 and 5 May 2023. The resident had sent letters to various departments which included adult social care, the litigation department, the housing service department, the member of parliament and the local councillor. The letter from the adult social care team provided a joint response to all issues raised by the resident in his letters which were, in the main, in relation to the condition of his property and his support needs. The letter confirmed details of the repairs found by the landlord during its inspection on 19 April 2023 and that the landlord would contact the resident to arrange appointments to complete the repairs.
- On 31 May 2023, the landlord wrote to the resident to confirm it had completed the works to the rear external wall on 16 May 2023. It said it had hoped to complete the internal repairs on the same date, but the resident had not been in and therefore these repairs remained outstanding. The landlord said it would complete the work to the roof on 6 June 2023. The landlord informed the resident that it would also attend to complete the internal repairs on the same date.
- The landlord attended the property on 6 June 2023 as arranged. It inspected the roof and the flat above the resident’s property to check for leaks. The landlord found a small defect to the external roof flashing which it repaired at that visit. This was appropriate.
- With regards to the internal repairs, the landlord refixed the toilet to the floor. However, immediately afterwards, the landlord saw the resident pulling at the toilet. It was concerned that this would make the toilet loose again and took the decision to replace the toilet with a different type, which had more fittings. This was appropriate.
- The landlord inspected the vinyl floor covering in the bathroom. The resident had also raised concerns that there was a sink hole under the bathroom floor, which he said made it dangerous. The landlord inspected the floor and found that it was a solid concrete floor with no defects, save for a slight dip, which the landlord said was normal, considering its age. However, because the resident remained concerned about this the landlord re-screeded the floor to give it a fresh surface and agreed to return the following day to replace the vinyl and to refix the bathroom door which the landlord had to remove to lay the flooring.
- The decorator was also due to attend on 7 June 2023 to redecorate the section of the resident’s bedroom where the leak had marked the wall. The landlord attended on 7 June 2023, but the resident was not at home. The landlord marked the job as no access.
- The landlord wrote to the resident to inform him that it had rearranged the appointment for 13 June 2023 to complete the internal repairs. The landlord laid the vinyl floor covering in the bathroom and refixed the bathroom door on 13 June 2023. The landlord was unable to complete the redecoration works to the resident’s bedroom due to the number of belongings in the room which meant that the decorator could not access the area safely.
- On 15 June 2023, the landlord provided the adult social care team with an update in relation to the resident’s repairs. It explained that because the redecoration was not an essential repair it could not force the resident to accept this if he did not allow access. However, it did say that it would write to the resident with a new appointment and ask him to clear his belongings beforehand so that the decorator could access the area. This was reasonable in the circumstances.
- On 19 June 2023, the landlord wrote to the resident with an appointment of 27 June 2023 to complete the redecoration work in the resident’s bedroom. The landlord asked the resident to clear enough space so that the decorator had room to work on the affected area. There is evidence to show that the landlord completed this work on 28 June 2023.
- It is clear that there were delays in the landlord completing the works it had identified on 19 April 2023. However, it is the opinion of the Ombudsman that some of the delays were as a result of the resident not allowing the landlord access to his property. There is evidence that the landlord tried to work with the adult social care team, who were supporting the resident at the time, to complete the works as quickly as it could. This was appropriate.
- On 22 August 2023, the landlord visited the resident to discuss his complaint. During this visit the resident told the landlord that he struggled to pay his bills and that he had suicidal thoughts. The landlord thereafter contacted the adult social care team to ensure that they were aware of the concerns the resident had raised about his mental health and if support was in place. This was appropriate and an example of the landlord continuing to safeguard the resident.
- The landlord said that it completed an annual tenancy check with the resident on 30 July 2024 when the resident said that the adult social care team was still supporting him. The landlord has informed this service that it will continue to work jointly with the adult social care team to respond to any issues that the resident raises about his tenancy. The landlord said this will ensure that the opportunities to identify support and tailor services towards the resident’s needs are met.
- Taking everything into account, the Ombudsman finds that there was no maladministration in the landlord’s handling of the resident’s repairs.
The landlord’s handling of the resident’s reports that the property was uninhabitable
- The resident has repeatedly referred in his letters to his property being in disrepair and uninhabitable. He stated that the property was dangerous, unsafe and had been condemned by an independent surveyor. He stated he had no gas or electricity and was unable to cook and bathe as a result. He alleged there was damp and mould in the property together with asbestos.
- With regards to gas and electricity, the resident does not have a gas supply to the property. His boiler is an electric boiler. The resident has repeatedly reported not having electricity, heating or hot water at the property. When the landlord has attended, on the majority of occasions, it has found that the resident’s boiler is in working order and the issues had arisen as a result of the resident not putting credit on the meter.
- The resident has referred to not having funds to pay for his electricity. The adult social care team informed the landlord that they were satisfied that the resident had sufficient funds. An arrangement was put in place for the adult social care team to visit the resident on a weekly basis to support him to put credit on his meter. They were also looking to support the resident to have his pre-payment meter changed to a credit meter, which it hoped would resolve the issue of the resident running out of electric. It is unclear from the records whether this had been completed or not at the time of writing this report. However, this is not something the landlord would be obliged to do and therefore is not for the Ombudsman to comment on.
- As stated above, the landlord completed a significant refurbishment of the resident’s property in November 2021. The final inspection took place in March 2022 when it was agreed that all works on the scope of works had been completed, save for some snagging issues which the landlord said were completed in September 2022.
- With regards to damp and mould, there is evidence that some issues around damp and mould were identified as part of the refurbishment works. The resident had mentioned damp on his bedroom wall following the leak which was reported in January 2023. The landlord’s records show that it inspected this area on 19 April 2023 and noted the wall was marked as a result of the leak but there were no signs of damp. As outlined above, the landlord redecorated this area on 28 June 2023, which was appropriate.
- With regards to asbestos in the property, the landlord carried out a full asbestos survey on 15 April 2019 in preparation of the refurbishment works. The survey identified that a shelf and the floor in the kitchen store cupboard contained asbestos. The landlord removed the shelf on 15 October 2021 in order to facilitate the work in this area. It inspected the floor covering at the time and took the decision to leave this in place because it was in a reasonable condition and free from defects.
- The resident’s concerns and anxiety about the finding of asbestos materials within his home are duly noted. However, the Ombudsman’s role is not to investigate the level of asbestos, or the risks involved, but rather, it is to provide an independent review of the landlord’s actions in its response to the resident’s concerns. It is clear from the resident’s correspondence that he genuinely believes that the presence of asbestos in the property is alarming and poses a significant health risk.
- The Health and Safety Executive (HSE), says that “as long as asbestos is in good condition, and it is not disturbed or damaged there is negligible risk. However, if it is disturbed or damaged, it can become a danger to health, because fibres are released into the air and people may breathe them in”. The HSE advises not to remove asbestos unnecessarily “as this can be more dangerous than leaving it in place and managing it”. The landlord’s actions were therefore appropriate.
- In conclusion, the Ombudsman finds that there was no maladministration in the landlord’s handling of the resident’s reports that the property was uninhabitable.
The landlord’s handling of the resident’s complaint
- The landlord operates a 2-stage complaint process. At stage 1, the landlord will acknowledge the complaint within 3 working days of being made and will provide its response within 10 working days of being acknowledged. At stage 2, the landlord will acknowledge escalation of the complaint within 3 working days and provide its response within 20 working days of being acknowledged.
- The resident sent letters to the Ombudsman in November 2022 about the condition of his property. The Ombudsman told the resident that he would need to make a complaint to his landlord and allow it to deal with the issues via its internal complaint procedure before the Ombudsman could investigate.
- On 14 April 2023, the Ombudsman received a telephone call from the resident, supported by Citizens Advice. The Ombudsman again informed the resident that he would need to report his concerns to his landlord before this service could investigate his complaint.
- On 3 May 2023, the landlord received an undated typed letter from the resident saying that he was not satisfied with the landlord’s response to his formal complaint about disrepair, lack of heating, lack of electricity and lack of hot water. He said that he wanted to escalate his complaint to the next stage. He said he was not satisfied because:
- the property had been condemned and he had not been provided with alternative accommodation
- he was homeless because of the condition of the property but the housing options team were not supporting him or giving him appropriate banding
- Paragraph 1.7 of the Complaint Handling Code (the Code) (2022) states that landlords must accept a complaint unless there is a valid reason not to do so. It is the Ombudsman’s opinion that the landlord ought to have logged the resident’s complaint following receipt of the letter on 3 May 2023. The landlord’s failure to respond to the resident’s initial complaint in line with its complaint’s procedure, meant it missed an opportunity to address his concerns sooner and left the resident waiting for a resolution to his concerns. The landlord should have conducted a timely and appropriate investigation and response to the resident’s concerns.
- On 22 May 2023, the Housing Ombudsman Service wrote to the landlord regarding the resident’s letters. The Ombudsman instructed the landlord to either consider the resident’s complaint under its internal complaint procedure.
- On 25 May 2023, the landlord informed the Ombudsman that it was aware of the resident and his situation. It said that it had a bespoke contact process in place through the adult social care team, who it said had a positive and long-standing contact history with the resident. The landlord referred to a joint letter sent by the adult social care team to the resident dated 19 May 2023, which it said it considered a reasonable adjustment to strengthen the level of service it provided to the resident outside of the standard complaint procedure. In light of this, the landlord said it felt that it would be inappropriate to process the resident’s contact through its complaint policy. The Ombudsman wrote to the landlord on 14 June 2023 advising it to write to the resident to confirm this decision, in accordance with paragraph 1.9 of the Code.
- Following the Ombudsman’s contact on 14 June 2023, the landlord acknowledged the resident’s complaint on the same date advising it would send its stage 1 response by 29 June 2023. The landlord sent its stage 1 response on 20 June 2023. This was within a reasonable time of the Ombudsman’s correspondence to the landlord. However, this was 33 working days after the resident’s initial complaint letter on 3 May 2023.
- The resident wrote to the landlord on 25 July 2023. The letter contained the same issues as all his previous correspondence and whilst it did not refer specifically to escalating his complaint, the landlord accepted it as such.
- The landlord visited the resident on 22 August 2023 to discuss his complaint and sent its stage 2 response on 23 August 2023. This was 22 working days after the resident had escalated his complaint. Although this was a delay of 2 days, the Ombudsman would not consider this to be significant.
- In conclusion, the Ombudsman finds that there was service failure in the landlord’s handling of the resident’s complaint, in that it delayed in accepting the resident’s initial complaint which delayed the response at stage 1. This was not consistent with the Code.
- The Ombudsman’s remedies guidance, which is available online, provides awards of compensation between £50 and £100 when there is evidence of a service failure by the landlord which may not have significantly affected the overall outcome for the resident. The Ombudsman has therefore made an order that the landlord pay the resident £50 compensation to reflect the distress and inconvenience caused in the landlord’s handling of the resident’s complaint.
Determination
- In accordance with paragraph 41.d of the Housing Ombudsman Scheme, the resident’s complaint about the landlord’s handling of having no support from council services is not within the Ombudsman’s jurisdiction to investigate.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s responsive repairs.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s reports that the property was uninhabitable.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s complaint.
Orders
- The landlord must, within 28 days of the date of this determination:
- pay the resident £50 compensation for the failures identified in its handling of the resident’s complaint
- The landlord must provide the Ombudsman with evidence of how it has complied with the above order within 28 days of the date of this determination.