London Borough of Camden Council (202403980)

Background

1. The resident arranged the services of a plumber to repair a leak from a communal water tank. The resident asked the landlord to reimburse him for the cost incurred, but the landlord declined to do so.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Reports of a leak in the communal water tank, and a request for reimbursement of costs incurred to resolve the issue.
   2. The complaint.

Our decision (determination)

3. We found:
   1. No maladministration in the landlord’s decision not to reimburse the resident for his costs incurred to resolve the issue of a leak in the communal water tank.
   2. No maladministration in complaint handling.

Summary of reasons

The landlord’s handling of reports of a leak in the communal water tank and a request for reimbursement of costs

4. The landlord’s actions and responses to the resident’s complaint were in line with the tenancy agreement and its repairs policy.

The landlord’s handling of the complaint

5. The landlord followed its internal complaints procedure, responding at both stages within the timescales set out in its policy.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

6. The resident’s flat was part of a block served by a communal water tank. The tank was not located in the resident’s flat. In its stage 1 complaint response, the landlord acknowledged that there had previously been problems with the water tank, most notably in February 2023 when it caused a leak into the resident’s flat. On that occasion, the landlord’s contractor attended and repaired the issue on the same day.
7. On 10 January 2024, the resident reported that water from the tank’s overflow pipe was running continuously, hitting the building’s brickwork and a neighbour’s window. On this occasion there was no leak into the resident’s flat. The landlord’s contractor attended on 30 January 2024 and adjusted the ballcock in the tank.
8. The repairs were completed within 20 working days as set out in the landlord’s repairs policy. The resident said that the contractors told him that there would be ongoing issues with the water tank, but no evidence has been seen confirming that. The landlord said in its stage 1 complaint response that after each repair, it had not been given any indication that further work was required. The landlord also said there had been no reports of problems between 30 January 2024 and 26 March 2024.
9. The landlord said it could not reimburse the resident for the cost of engaging a private plumber on 1 April 2024, because he had not given it a reasonable time to address the issue after reporting it on 26 March 2024.
10. The landlord’s response was reasonable.Nothing in the tenancy agreement provides for the resident to undertake communal repairs, but it makes clear that the landlord was responsible for the services supplying water, and its repairs policy states it was obligated to repair and maintain communal water storage tanks. There is no evidence that the issue reported on 26 March 2024 was having a direct impact on his home or required an urgent repair, and no evidence that the landlord was aware of the resident’s intention or had agreed for him to arrange the repair himself. The repairs policy allowed 20 working days for routine repairs to be completed, but the resident called a plumber after only 4 working days.
11. There are reasons why a landlord will usually not agree to tenants arranging repairs which the landlord is responsible for. These can include insurance implications, needing to assure the quality of any work done, and the appropriateness and reliability of the private operatives doing it.
12. Accordingly, in the circumstances of the leak in March 2024 there were no failings in the landlord’s handling or its decision not to reimburse the resident.

13. The landlord’s complaints policy at the time said that that stage 1 complaints should be resolved within 10 working days, and stage 2 complaints should be resolved within 25 working days. Our Complaint Handling Code (the Code) of 2024, which applied at the time, says landlords must issue the stage 2 response within 20 working days of it being acknowledged. Its policy has since been updated to comply with the Code’s timescales.
14. The landlord responded to the complaint at stage 1 after 4 working days. It responded at stage 2 after 10 working days. This was within the timescales of both its complaints policy and the Code.

Learning

Communication

15. The landlord responded to the resident’s complaints in a timely manner. The responses at both stage 1 and stage 2 were comprehensive in setting out the background to the complaint, the key events, and the reasons that it had not been upheld.