Leicester City Council (202417512)

Background

1. The resident complained to the landlord about damp and mould in the property on 11 October 2022. That complaint completed the landlord’s complaints process on 15 November 2022 when it issued its stage 2 response. In its stage 2 response the landlord said it would inspect the property for damp and mould, this inspection took place on 17 November 2022. Following this visit the surveyor recommended the landlord install an extractor fan in the kitchen. The resident chased the landlord about the installation of the extractor fan in March 2023 and then again in January 2024. On 8 January 2024 the landlord confirmed it would not be able to install an extractor fan in the kitchen. Following that response the resident confirmed she wanted this Service to look into this issue.

What the complaint is about

2. The complaint is about the landlord’s handling of the installation of an extractor fan in the kitchen.

Our decision (determination)

3. The resident’s complaint about the landlord’s handling of the installation of an extractor fan in the kitchen is not within our jurisdiction to consider.

Summary of reasons

4. When a complaint is brought to us, we must consider all the circumstances of the case as there are sometimes reasons why we will not investigate a complaint.
5. We cannot investigate complaints which, in our opinion, are made prior to having exhausted a landlord’s complaints procedure. This is because it is the landlord’s responses to both the initial incident, and throughout the complaint process, that are under investigation. If there is no response, there is little to investigate.
6. In this instance, after the stage 2 response the landlord inspected the property on 17 November 2022. It was only after this visit that it was recommended the landlord install an extractor fan in the kitchen. As such, the resident’s concerns about the landlord not installing the extractor fan in the kitchen did not form part of the original complaint.
7. Evidence has been seen to show the resident chased the landlord about the extractor fan in March 2023 and January 2024. However, no evidence has been seen to show she raised a formal complaint about the landlord not installing the extractor fan.
8. We appreciate that on 7 February 2025 we informed the resident that her concerns about the landlord not installing an extractor fan in the kitchen was in jurisdiction. We said the landlord’s replies, dated 2 and 8 January 2024, to her chasers were effectively its stage 1 and stage 2 complaint responses. We said this was because it referred her to our Service in those replies.
9. However, the wording of the landlord’s emails from January 2024 indicate it was only responding to her chasers and explaining why it was unable to install an extractor fan. They do not indicate that it investigated this under its complaints process. Additionally, the referral rights in those emails were specifically in relation to her complaint which completed the landlord’s complaints process on 15 November 2022. That complaint did not involve the installation of an extractor fan, as that was only identified as an issue following the completion of that complaint process. We apologise that we incorrectly told the resident the complaint about the extractor fan was within our jurisdiction.
10. For the reason set out above, the complaint falls outside of our jurisdiction to consider. The resident may wish to raise a new complaint specifically about her concerns regarding the landlord not installing an extractor fan in the kitchen.