London Borough of Hackney (202012302)

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REPORT

COMPLAINT 202012302

London Borough of Hackney

30 July 2021


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:
    1. The landlord’s handling of repairs to the property, involving plumbing leaks, damp, and asbestos.
    2. The landlord’s decision to suspend the replacement of kitchen and bathroom works in the property.

Jurisdiction

  1. What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman 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.

The landlord’s handling of repairs to the property, involving plumbing leaks, damp, and asbestos.

  1. In accordance with paragraph 39(h) of the Scheme, the Ombudsman will not investigate complaints which “concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings;”
  2. The landlord advised this Service on 28 July 2021 that the issues in relation to the outstanding repair works and asbestos in the property (excluding kitchen and bathroom replacements) are subject to a current legal disrepair case. The claim for this was brought against the landlord in August 2020. The landlord has provided evidence of it informing the resident in November 2020 that the resident’s complaint about the repairs, logged on 13 November 2020, would be investigated by the housing disrepairs team. However, the landlord has explained that it did not address this issue in its final complaint response, because the matter had been overtaken by the legal disrepair action. Accordingly, in line with paragraph 39(h), this part of the complaint will not be investigated by the Ombudsman.

Background and summary of events

  1. The landlord wrote to the resident on 3 September 2019 to advise that her home had been included in its internal works programme, subject to survey. It would attend to check if works were required in the resident’s kitchen or bathroom and record the condition of other areas within her home.
  2. On 25 September 2019 a surveyor attended the property and completed a report in preparation for the internal works programme. The resident chose her colour options for the kitchen and bathroom replacement.
  3. From 16 March 2020 people across the UK were advised to work from home and avoid contact with others, with ‘lockdown regulations’ coming into effect on 26 March 2020. Guidance for landlords, tenants and local authorities was published on 28 March 2020, recommending that “access to a property is only proposed for serious and urgent issues” and acknowledging that “current restrictions may prevent routine and obligatory inspections.”
  4. The landlord wrote to the resident, and tenants of other properties in the block, on 27 March 2020. It advised that, due to the coronavirus pandemic and government advice, it was suspending the kitchen and bathroom replacement programme. The landlord explained that this was to reduce the risk of spreading the virus and because of manufacturers and other suppliers temporarily ceasing deliveries. It would contact the resident when the landlord was ready to resume operations.
  5. On 18 May 2020, the Housing Minister wrote to all social housing residents via representative bodies to confirm that “landlords should be able to carry out routine as well as essential repairs for most households. There will be a backlog of repairs that they will need to address, so it may take longer than normal to carry out more non-essential work.”
  6. Further guidance was released for landlords, tenants and local authorities on 1 June 2020. This advised that

“Where workforce is available and resources allow, landlords or contractors are now able to visit most properties to carry out both routine and essential inspections and repairs, as well as any planned internal works’. The guidance on ‘Working safely in other people’s homes’ must be followed. Some landlords will have a backlog of repairs that they will need to address, so it may take longer than normal to carry out more non-essential work.”

  1. Local lockdowns were introduced and later relaxed or extended in many areas of England between 29 June and 4 November 2020.
  2. The landlord wrote to the resident, on 24 September 2020 that, in line with the government’s new “COVID-19 Secure” guidance, there would be a further delay before it could complete works under its internal works programme. Due to a recent rise in Covid-19 infections, it extended the “temporary suspension” until early 2021. The landlord advised that any residents who had immediate repairs should report these.
  3. The landlord and resident corresponded between 5 and 13 October 2020. The resident said, in relation to the kitchen and bathroom replacement, “in the past five years you have been coming and taking pictures and doing nothing. You must give a specific date” The landlord explained that the decision to further delay the planned refurbishment works was due to the current rise in COVID-19 cases. The landlord confirmed that the resident may contact its repairs team to raise a new repair and follow-up on previously reported repairs. The resident reiterated her request for a start date of refurbishment due to the condition of her property and noted that the repairs team only considered urgent repairs. The landlord replied that the information provided remained the same and it was unable to provide a start date for the works. It encouraged the resident to report general repairs to her home to the repairs team, which would provide details of what repairs could be carried out and timescales. The landlord advised that if the resident remained dissatisfied she could raise a complaint.
  4. A second national lockdown was put in place from 5 November 2020 to 2 December 2020. The national guidance was updated but said that landlords could still carry out repairs and safety inspections if in line with public health advice.
  5. The resident raised a formal complaint on 10 December 2020. She said that she had been waiting for her kitchen and bathroom to be refurbished for five years and asked for an immediate date for this to be completed. The resident said that the landlord completed works to other residents’ bathrooms and kitchens but only sent surveyors to her property. She said she was “keeping [the landlord] in charge of negligence and discrimination”.
  6. The landlord’s system notes from 14 December 2020 say that the landlord was trying to establish whether the resident’s complaint formed a part of the resident’s ongoing legal disrepair case.
  7. Following further contact from the resident, a Councillor asked the landlord on 4 January 2021 to advise the resident when the kitchen and bathroom works would commence. The landlord confirmed that it would address this as part of the complaint response.
  8. On 4 January 2021 another national lockdown was announced.
  9. The landlord’s internal notes of 7 January 2021 say that it concluded that the complaint investigation would address the issue of when the kitchen and bathroom renovation would take place, as this did not form a part of the legal disrepair claim. The landlord acknowledged the resident’s complaint on the same day. It apologised for the delay and explained that this was due to issues in gaining access to records, as a result of a major hacking incident on its computers in October 2020. The landlord explained that it would respond within ten working days.
  10. In the landlord’s stage one complaint response, dated 12 January 2021, the landlord said that it was sorry the resident felt discriminated against and that was not its intention. It confirmed that, since it began consultation with the resident on proposed major improvements to the property, disruption to its investment programme caused by coronavirus restrictions meant that it would need to postpone the project until further notice. The landlord apologised for the delay to the planned work and confirmed it would be in touch regarding the matter “once government guidelines permit”. The landlord said that, if there were still issues that the resident felt the landlord needed to attend to immediately, she should contact its repairs team.
  11. The landlord sent a suspension of works notification letter on 15 January 2021, reiterating the details above.
  12. The resident asked the landlord to escalate her complaint on 15 January 2021. The landlord noted on 19 January 2021 that it was unable to call the resident because it did not hold a telephone number for her. It sent her an email on 19 January 2021, asking what aspects of the complaint she remained unhappy with or her required outcomes. It confirmed that it aimed to respond to the complaint within 20 working days.
  13. In the landlord’s final complaint response, dated 20 January 2021, it confirmed that it had established from the resident’s stage one complaint that she remained dissatisfied with the landlord’s decision to suspend the replacement of kitchen and bathroom works in her property. It confirmed that on 15 January 2021 it wrote to all affected residents that following the introduction of stricter lockdown conditions imposed by the government on 4 January 2021, it decided to suspend all internal kitchen and bathroom works until restrictions are relaxed. The landlord apologised if the resident felt that she was being discriminated against and reiterated that this was not the case. It said that the decision was in response to current government guidelines and in order to safeguard residents and staff. The landlord advised the resident that she could contact this Service if she remained dissatisfied.

Assessment and findings

  1. Planned maintenance is designed to update and replace worn-out parts of a property, including replacement roofs, windows, heating systems, kitchens and bathrooms. The Decent Homes standard is a government target set to ensure all social housing meets an acceptable standard. The landlord’s website confirms that it runs a programme of works focussing on improving kitchens, bathrooms, roofs, and windows. If a property is included in the programme, the landlord will write to the resident to advise the details of the work to be carried out and when it will start. Any work subject to a survey before works start to check the condition of the property.
  2. The landlord’s website clarifies that if a resident has any urgent repairs needed in their home, they should not wait for the investment programme and should instead request a repair by getting in touch with its repairs team.
  3. Unfortunately, after the landlord confirmed that it would include the resident’s property on its internal works programme, the government implemented coronavirus restrictions. In line with the advice at the time, the landlord put the programme on hold on 27 March 2020. The restrictions which followed had an impact on the landlord’s investment programme, resulting in them being postponed on more than one occasion. Nothing in the evidence provided for this investigation indicates that these delays were the result of anything except the national circumstances at the time, in relation to the covid lockdowns, and the evolving government guidance for landlords.
  4. The resident complained that she believed the landlord was discriminating against her, and the landlord advised that this was not the case. No evidence has been provided indicating that, in the circumstances of this complaint, the landlord’s actions and decisions were motivated by anything other than the need to meet its obligations and objectives, while also complying with the covid restrictions.
  5. The landlord kept the resident updated on the refurbishment programme in letters dated 27 March 2020, 24 September 2020, and 15 January 2021, and provided explanations of the reasons for the postponements and delays. Although the delay was understandably frustrating for the resident, who reported that she had waited for the kitchen and bathroom to be replaced for some time, the landlord’s explanations were in line with the government’s guidance and therefore reasonable. The landlord also reminded the resident that, despite the suspended works to her home, she was always able to report to its repairs team any urgent repair needs. This demonstrates that the landlord sought to assist the resident, where possible, and was aware of the need for the continuation of certain types of activity, despite the covid restrictions.

Determination (decision)

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s decision to suspend the replacement of kitchen and bathroom works in the property.

Reasons

  1. The landlord provided reasonable explanations, in line with the government’s coronavirus guidance, for the postponement of the planned internal works. It also kept the resident updated on the programme.