London Borough of Hackney (202232201)

REPORT

COMPLAINT 202232201

London Borough of Hackney

27 March 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 repairs following a leak in the resident’s kitchen.

Background

The resident holds a secure tenancy. The property is a 2-bedroom flat. The resident has a disabled son. The resident has learning difficulties and other vulnerabilities which the landlord was aware of. The landlord was also aware the resident had a baby living with her when she made her complaint.
The resident raised a repair request on 20September 2021, informing the landlord that there was a leak from behind the boiler which was affecting the electrics in the kitchen. The landlord attended the property on 21 September 2021 and turned off the electric and the boiler to make safe electrical accessories which were affected by water penetration. The landlord delivered two temporary heaters to the resident on 28 September 2021.
The landlord attended the property on 6 October 2021 and noted that more time was needed for items to dry out and confirmed that the boiler was off. The resident contacted the landlord on 14 October 2021 to report that she had not received any dehumidifiers and she had not been contacted about being decanted to another flat. The landlord attended on 29 October 2021 to confirm if the gas was safe to switch on and reinstated the electricity.
There was some communication between the landlord and its contractors between 17 December 2021 and 20 June 2022 concerning whether the boiler flue had to be removed before completing repairs to the resident’s kitchen. During this time, the resident contacted the landlord on multiple occasions requesting information regarding when the repairs would be completed and an update regarding securing temporary accommodation for her while the works were being carried out. The resident informed the landlord that she was vulnerable and had a small baby living with her in the property.
The resident made a formal complaint on 6 July 2022. In summary, she stated as follows:
1. That she had a leak in her kitchen in September 2021 which damaged half her kitchen which she had a video of.
2. She was left for six weeks in cold weather with no boiler, so she had no heating or hot water in her flat.
3. She had been given a new boiler since the leak as she was told the previous one had a carbon monoxide issue.
4. When she asked to be put into temporary accommodation or a hotel, as she had an 18-month old disabled son, nobody helped her or offered her a hotel.
5. One side of her electric was switched off due to electrics having to dry out.
6. She was still waiting for her kitchen to be made good again.
7. She had contacted the landlord and its contractors on multiple occasions and was upset at being given the runaround.
8. A gas inspector had attended the property twice and stated that the gas flue did not need to be removed before works could be completed but the landlord’s contractors stated they had not received this report.
9. No one refunded her for the electric used to run the dehumidifier and she was on a prepaid meter.
10. She was a single mum and caring for a disabled boy and felt she had been treated very badly by the landlord and its contractors.
The landlord acknowledged the resident’s complaint on 8 July 2022 and provided a stage 1 response on 19 July 2022. In its stage 1 response, it summarised the resident’s complaint as delays in addressing kitchen repairs, stress and inconvenience caused, and lack of temporary accommodation. In addressing these issues in summary, it stated as follows:
1. Due to water penetration, some electrics, including the boiler, were disconnected. A work order was raised on 28 September 2021 for the boiler to be reinstated and two temporary heaters were left with the resident.
2. On 19 October 2021, a housing form for temporary accommodation was submitted by its staff.
3. Follow on works were raised with its contactors to carry out make good works in the kitchen and an inspection was conducted in December 2021.
4. Its contractor supplied it with an estimate of the cost of the repairs on 21 December 2021 and on 11 January 2022, they advised that they could not commence works in the kitchen until the gas flue had been removed.
5. It acknowledged that it did not respond to the contractor’s advice that the flue needed to be removed, despite being chased by them, which resulted in the works order being cancelled.
6. It acknowledged that the resident had experienced avoidable delays in the making good of her kitchen and apologised for this.
7. It confirmed that it had been advised by the gas contracts supervisor that following an inspection of the flue, there was no requirement for the flue to be removed before works commenced.
8. It had requested the works to be re-raised with its contractors on an urgent priority.
9. With regards to being rehoused, it explained that it was experiencing a large number of applications and there was unfortunately a shortage of temporary accommodation. It apologised for the inconvenience caused by this.
10. It awarded the resident £300 compensation for the delays and inconvenience she had experienced and appointed a named staff member as a point of contact for the resident to liaise with during the completion of the works.
The resident escalated her complaint on 16 December 2022. In summary, her reason for escalation was as follows:
1. Nothing had been done in her kitchen since she raised her complaint on 6 July 2022.
2. She would like compensation for the long wait and having her kitchen left in a state since September 2021.
3. That there was minimal communication from the landlord
4. That she had a disabled son who was at an age where he could get his fingers stuck between the board which was coming away in the kitchen due to the leak and this was also letting in a draft.
The landlord issued a final complaint response on 13 January 2023. In summary, it stated as follows:
1. The resident informed it during a phone call of 12 January 2023 that she had experienced additional stress regarding this issue due to her mother passing away.
2. It was aware that the job to complete the kitchen repairs was given to an alternative contractor who attempted to contact the resident without success and the resident’s phone was switched off or out of service.
3. It emailed the resident on 10 January 2023 to request a contact phone number which the resident supplied. This had been passed to the surveyor and contractor so that an appointment date could be confirmed with the resident.
4. It advised the resident that the newly appointed contractor was trying to contact her with regards to an appointment date of 16 January 2023 which she confirmed was suitable.
5. It offered the resident additional compensation of £530 for the avoidable delay from 11 January 2022, thereby bringing the total compensation to £830.
6. It informed the resident that it would check her rent account for rent arrears and the compensation was normally offset against outstanding rent if owed.
After the conclusion of the landlord’s internal complaints process, the resident asked if the compensation could be paid to her directly but the landlord said that because she owed rent, the payment had to be offset against her arrears. The landlord attended the property on 16 January 2023 and informed the resident that a few extra things needed to be added to the job and if these were approved it would contact the resident and start the job in 2 weeks’ time.
On 7 February 2023, the resident contacted the landlord stating that she had not been given a start date for the works in her kitchen. She also asked if she would be given any vouchers to buy food whilst work was being done in her kitchen as she would not be able to prepare food for her 2 year old disabled son and herself.
The landlord contacted the resident on 16 February 2023 to clarify why the resident could not cook in her kitchen. It asked if there was an issue with the cooker or something else and asked the resident to send pictures if possible. The resident explained that she would not be able to prepare or cook for her disabled son and her family in a kitchen that would be full of dust and mess for four days and her son would need to eat lunch on those days.
Between 16 February 2023 and 3 April 2023, the resident continued to chase the landlord for a date for the works to be completed and for its response to her request for food vouchers.
The landlord completed the repairs on 12 May 2023 and the resident signed a form stating she was happy with the kitchen repairs.
This Service is aware that the resident subsequently raised concerns about the quality of the works carried out, which the landlord has responded to separately to the complaint considered here.

Assessment and findings

Scope of investigation

For clarity, this report will not investigate issues that occurred after the date the landlord completed the kitchen repairs on 12 May 2023. All other issues after this date such as the resident’s complaint on 8 September 2023 about the quality of repairs completed, and the compensation of £460 offered to the resident, will be treated as a separate issue as the landlord needs to be provided with the opportunity to investigate and respond to this. This is because, in accordance with paragraph 42(a) of the Ombudsman’s Scheme, this Service may not consider complaints which, in the Ombudsman’s opinion, are made prior to having exhausted a member’s complaints procedure.
The resident would need to contact the landlord and, if appropriate, raise a separate complaint regarding these new issues.

The landlord’s handling of repairs following a leak in the resident’s kitchen

In reaching a decision, we consider whether the landlord has kept to the law, followed proper procedure and good practice, and acted in a reasonable way. Our duty is to determine complaints by reference to what is, in the Service’s opinion, fair in all the circumstances of the case. The Service has a specific role in considering whether the landlord has met its obligations to a resident and taken reasonable steps to resolve the complaint.
The resident initially reported the leak in her property on 20 September 2021. The landlord attended on 21 September 2021 and turned off the boiler and electric in the resident’s kitchen. Two temporary heaters were then delivered on 28 September 2021. This meant that the resident did not have access to heating for 7 days, despite the landlord being aware that she had a baby in the flat with her. This delay in the landlord procuring heating for the resident was unreasonable and would have understandably caused distress and inconvenience to the resident and her baby. This delay in procuring heating promptly for the resident was a failure in the landlord’s service.
The landlord has not disputed that the resident reported that she had no heating or hot water in her flat for 6 weeks. As the landlord was aware that the resident was vulnerable and had a baby, it would have been reasonable to have expected it to be more pro-active in restoring the resident’s boiler. This delay was not reasonable and would have resulted in further unnecessary distress and inconvenience to the resident.
This Service would expect the landlord to consider the resident’s October 2021 request to be placed in temporary accommodation while the repair works were ongoing and provide a reasonable response. The landlord’s internal communication shows it considered the resident’s request to be placed in temporary accommodation. In its July 2022 stage 1 response, it provided an explanation to the resident, stating it was unable to offer temporary accommodation because it was experiencing a large number of applications and there was unfortunately a shortage of temporary accommodation. It apologised for the inconvenience caused by this. It was appropriate for the landlord to explain the difficulties it had in organising temporary accommodation. However, it is unreasonable that it has not evidenced that it assessed the risk to the resident and her child by staying in the property and that it took so long for the landlord to answer the resident’s request. This would inevitably have left the resident uncertain as to how seriously the landlord was considering her concerns.
The Ombudsman would have expected the landlord to keep in touch with the resident and update her on the progress of the repairs or any difficulties it was having. However, in this case, it was the resident who had to continuously chase the landlord and its contractors at stage 1 and 2 for updates which resulted in her feeling unsupported and distressed.
The landlord stated in its stage 1 response of 19 July 2022 that it would re-raise the works with its contractors as a priority request. However, by 13 January 2023, the works were not yet raised. The landlord gave the resident a date for the work to start of 16 January 2023, this was almost 6 months after it said it would raise the job as a priority request.
The landlord eventually completed the repairs on 12 May 2023 – this was around 10 months from when the resident raised her complaint on 6 July 2022. This was a significant delay, particularly considering the landlord was aware of the resident’s vulnerabilities and the fact that she had a disabled son. The landlord should have been aware of the distress and inconvenience this delay would have caused the resident and her family.
The landlord apologised and offered compensation of £300 for distress and inconvenience at stage 1 and a further £530 for avoidable delays at stage 2. In this case, it is reasonable to have expected the landlord to also consider the added cost the resident would have incurred in supplying food as she did not have access to cooking facilities and the cost of running temporary heaters.
Although it was appropriate for the landlord to acknowledge its faults through the complaints process and make a compensation award, the £830 it offered to the resident was insufficient given the circumstances of the case. The delays in the landlord rectifying damage to the resident’s kitchen (during which time there was a loss of heating and hot water) extended for a period of 18 months. Given the impact on the resident’s ability to use her home, the landlord being aware of the vulnerabilities of the household and the lack of any support offered to her in the meantime, the landlord should have awarded a more significant compensation amount.
Further, there is no evidence that the landlord took the opportunity to learn lessons from its handling of this case to avoid similar failings occurring again in future. This meant that it did not act in accordance with the Ombudsman’s Dispute Resolution Principles. Indeed, the resident has had to raise concerns about the landlord’s communications since the end of the complaints process, despite the landlord acknowledging its failings in its internal communications and complaint responses.
Since the end of the complaints process, the resident sought food vouchers to cover the period when her kitchen was out of use and it is unclear that the landlord made any decision on this and the potential expenses she incurred in running temporary heaters. An order is made accordingly below.
In summary, there were failures by the landlord in:
1. the delay in supplying heating for the resident and her child and not being proactive in restoring the boiler;
2. its communication with the resident about the repairs and her temporary accommodation request;
3. the 6 months delay raising priority works as promised in its stage 1 response and the overall delay in completing remedial works between September 2021 and May 2023.
The landlord’s record keeping in this case has also been of concern as it has been difficult to know exactly what dates specific repairs have been completed. From the landlord’s repair logs, it is not easy to understand what days repairs were raised or completed. The Ombudsman expects landlords to maintain a robust record of contacts and repairs. This is because clear, accurate, and easily accessible records provide an audit trail and enhance landlords’ ability to identify and respond to problems when they arise. This Service will be making a recommendation with regards to record keeping at the end of this report.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of repairs following a leak in the resident’s kitchen.

Orders

Within 4 weeks of the date of this report, the landlord must write to the resident to:
1. apologise for the service failures identified in this report;
2. if it has not already done so, invite her to submit evidence of her food and fuel expenses incurred while her kitchen was out of use and her boiler was not functioning (it should provide her with an answer on whether it is willing to reimburse these amounts within a further 4 weeks of receiving this evidence).
Within 4 weeks of the date of this report, the landlord must pay the resident total compensation of £1,250 (in addition to the £830 it awarded through the complaints process) in recognition of the distress and inconvenience caused to her by its service failures. This amount must be paid direct to the resident and not offset against her rent account.
Within 8 weeks of the date of this report, the landlord must review its handling of this case and create an action plan to demonstrate how it will avoid these failings happening again in future. This should include:
1. how it communicates with its contractors to ensure that they are able to commence works promptly after raising a works order;
2. how it monitors repairs through to completion;
3. how it communicates with, and offers support to, residents who have requested to move into temporary accommodation due to the condition of their property.
The resulting action plan/report must be shared with the landlord’s Member Responsible for Complaints and its Group Director for Climate, Homes & Economy.
The landlord should provide this Service with evidence of compliance with these orders within the timescales set out above.

Recommendations

It is recommended that the landlord reviews the Ombudsman’s spotlight report on knowledge and information when reviewing its record keeping procedures. This sets out the benefits of good record keeping and provides recommendations for landlords. https://www.housing-ombudsman.org.uk/wp-content/uploads/2023/07/Insight-report-issue-14-FINAL.pdf
This Service recommends that the landlord continues to liaise with the resident and supports her regarding completing any outstanding kitchen repairs or opening of a new complaint about its actions since May 2023.