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London Borough of Islington (202232909)

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REPORT

COMPLAINT 202232909

London Borough of Islington

19 August 2025

 

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 the landlord’s handling of the resident’s:
    1. Reports of leaks and associated repairs within the property coming from a communal water tank facility.
    2. Associated complaint.

Background

  1. The resident is a secure tenant of the landlord at the property, a top floor flat. The resident’s flat is underneath a water tank storage facility that serves the building.
  2. Between November 2022 and December 2022, the resident reported a number of leaks coming from the overflow pipe above her bedroom window. She said the water was coming from the water tank facility on the roof of the building. The landlord’s operatives responded to these repairs and replaced the ball valve in the water tank in an attempt to reduce the overflow of water.
  1. On 23 December 2022 the resident said the communal water tank above was leaking through the ceiling, and down the walls into a cupboard in the hallway and the bathroom of the property. On 3 February 2023, the resident raised a formal complaint about the landlord’s handling of this repair.
  2. Between April 2023 and 4 July 2023, the resident raised reports about the continued overflow of water from the water tank storage facility above, and leaks into the property. During this time a contractor isolated and turned off the lighting in the hallway and bathroom at the property.
  3. On 6 July 2023 the resident’s councillor raised a complaint to the landlord about its handling of leaks within the resident’s property.
  4. Between July 2023 and August 2023, the landlord carried out an inspection of the leak coming from the water tank storage facility above the resident’s property. The landlord’s operatives cleared debris which the landlord said had caused obstructions to the pipes. It also re-sealed around the doors and frames to the water tank storage facility.
  5. The landlord provided its stage 1 complaint response on 17 August 2023. It apologised for poor communication in responding to the resident’s repair and delays in handling her complaint. The landlord awarded the resident £300 compensation in respect of this.
  6. On 11 October 2023 the resident asked the landlord to escalate her complaint. The resident said she wanted the landlord to fix the leaks and repair the damage caused to the property. The resident said there was still no lighting in the hallway and bathroom. She also asked the landlord to introduce additional procedures which included inspecting the water tank facility on a weekly basis.
  7. In October 2023, the landlord carried out a further inspection of the water tank room. Its contractor replaced a cracked stack pipe which it said may have explained why the leaks had been occurring after prolonged or heavy rainfall.
  1. On 8 November 2023 the landlord provided its final response to the resident’s complaint. It increased its overall award of compensation to £600. The landlord apologised for its delays in carrying out the repairs, and for its confusion and further delay in handling the resident’s complaint. The landlord said it had been unable to change how it recorded communal repairs, and that its staff would not be able to carry out weekly checks of the roof area, and storage tank facility.
  2. The resident remained dissatisfied with the landlord’s final response to her complaint. She brought her complaint to the Ombudsman stating there were still issues with the overflow pipe leaking above her bedroom window. She also said the landlord’s offer of compensation had not taken into consideration:
    1. The distress and inconvenience caused to her.
    2. The resident having to purchase sandbags, torches, and batteries, and having to use a launderette to dry clean her clothes.
    3. The repairs caused by the leak had not been resolved.
  3. The resident is seeking:
    1. An increase in compensation.
    2. For the landlord to:
      1. Repair all of the damage caused by the leaks to the resident’s property.
      2. Review its labelling of repairs.
      3. Carry out regular inspections of the roof, clear debris, and ensure the water tank facilities doors are closed.
      4. Learn and improve its handling of residents’ complaints.

Assessment and findings

  1. When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.
  2. The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.

Scope of investigation

  1. Section 42.c of the Housing Ombudsman Scheme states that we may not consider complaints which, in the Ombudsman’s opinion were not brought to the landlord as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising.
  2. We have considered that the resident said she had been reporting issues about leaks within her property since 2012. However, as events become historic it can become more difficult for the landlord or the Ombudsman to assess what happened. I’ve changed this as there are some records which should be kept longer than 6 years such as asbestos surveys and building regs certificates. Landlords are not expected to keep detailed repair records indefinitely, so we would not expect the landlord to provide records dating back to this period.
  3. We have considered that the resident made attempts to raise a complaint about the landlord’s handling of the leaks within the property in February 2023. Therefore, in line with the Scheme we have considered the landlord’s handling of these repairs from November 2022. This is because this was the earliest date from when we have seen evidence about the resident’s reports about the leaks within 12 months prior to February 2023. We have then considered the landlord’s handling of the leaks within the property up to the landlord’s final response provided on 8 November 2023 and any actions the landlord committed to in its final response.
  1. Paragraph 42.a. of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints, which in the Ombudsman’s opinion are made prior to having exhausted a member’s [landlord’s] complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
  2. The resident said she had to:
    1. Use the services of her local launderette to clean her clothes because the leaks had made her property damp.
    2. Purchase sandbags due to the leaks causing flooding within her property.
    3. Buy torches and batteries for the months she had no lighting in the hallway and bathroom.
  3. We have not seen any evidence the resident communicated with the landlord directly about these additional costs. The resident can contact the landlord and pursue these separate issues as a complaint. This is because the landlord needs to have the opportunity to respond to these as further complaints through its complaints process before the Ombudsman becomes formally involved. Once the resident has exhausted the landlord’s complaints process, she may be able to refer these further matters to the Ombudsman if she remains dissatisfied with the landlord’s final response to her further complaints.

Policies and procedures

  1. The landlord’s repairs handbook states it is responsible for keeping the structure and outside of the property in good repair. This includes the roof and external pipes. It is also responsible for carrying out repairs and maintenance to the external fabric of the building including communal equipment shared by residents, as well as the installations supplying water to residents. The landlord sets out a number of categories as to how it will respond to repairs. This includes:
    1. Emergency – This is where there is an immediate danger to a person, or serious risk of damage to the property. Its contractor will respond within 2 hours and make the repair safe.
    2. Urgent – This is where the repair affects a resident’s day-to-day living. Its contractor will respond within 24 hours.
    3. Routine – This is a non-urgent repair which the landlord will respond to at its next available appointment. The landlord will complete this type of repair within 20 working days.
  2. The landlord has a 2-stage complaints process. It will acknowledge a resident’s stage 1 complaint within 5 working days. It will then provide its written response at stage 1 within 10 working days of its acknowledgement. The landlord will provide its stage 2 response within 20 working days. It will provide a resident with an explanation if it requires more time to respond, at either stage. This will not exceed a further 10 working days without good reason.

The resident’s reports of leaks and associated repairs within the property coming from a communal water tank facility

  1. Between 25 November 2022 and 13 December 2022, the resident raised 3 reports about a leak from the overflow pipe above her bedroom window. This pipe was coming from the storage tank facility above her property. The landlord responded to these reports within 24 hours and replaced the ball valve as part of its attempt to reduce the overflow of water coming from the storage tank. The landlord’s operative acted reasonably in trying to repair the issue of the overflow, and by carrying out a follow up inspection of the tank. The landlord also acted in line with its repairs policy which states it will respond to urgent repairs within 24 hours.
  1. On 23 December 2022, the resident reported there was water leaking through the ceiling and down the walls within a cupboard in the hallway, and the bathroom of the property. The landlord’s operative attended and traced the leak to the storage tank facility above. The landlord then failed to raise a job for its contractor to carry out the required works to fix the leaks. It should have arranged for its contractor to carry out these repairs within 28 days of it tracing the leak.
  2. The resident chased the landlord, and raised further reports about leaks coming from the storage tank facility into the property, between January 2023 and June 2023. We have seen evidence that during this time the landlord’s repairs team disagreed with its subcontractor over who was responsible for carrying out the repairs to the storage tank facility. This misunderstanding and delay in resolving this issue resulted in a significant delay in the landlord carrying out an inspection of the leaks at the property, during which no repairs were carried out. We acknowledge this caused the resident significant distress and inconvenience whilst she was trying to stop the leaks which were causing damage to the property.
  3. We understand that complex repairs involving different contractors can sometimes take longer than expected for landlords to resolve. However, we would expect a landlord to keep resident’s updated on the progress of its works, especially where there are complications, or unexpected delays which may result in its repairs taking longer than its published timescales. We have not seen any correspondence by the landlord providing these types of updates to the resident. The landlord’s failure to do so is evidence of poor communication.
  4. On 23 June 2023 the landlord’s contractor carried out an inspection of the leaks within the resident’s property. The contractor disconnected the lights in the resident’s hallway and bathroom due to the unresolved leaks causing water ingress through the lighting, and light switches. The resident was without lighting in these areas of her property until 13 November 2023. During these 5 months we have not seen any evidence the landlord offered any alternative solutions such as portable lighting.
  5. These areas of the property also had no windows or natural light. Therefore, we understand this would have had a significant adverse impact on the resident and was a significant period of time to not have lighting when using these essential areas of the property.
  6. In July 2023, the resident’s councillor chased the landlord for it to fix the leaks within the resident’s property. Between July 2023 and August 2023, the landlord cleared the debris from the outlets and resealed the doors and frames to the storage tank facility. The resident continued to state there was water leaking into her property. Therefore, it was appropriate the landlord agreed to carry out another inspection of the storage tank facility, and the resident’s property on 4 October 2023. The contractor identified a cracked cast iron stack pipe which they said explained the leaks into the resident’s property which was often following periods of rainfall. This repair was completed on 19 October 2023. We understand these works completed stopped the leaks into the resident’s property from the storage water tank facility above.
  7. This repair had taken over a year during which the landlord failed to communicate effectively with the resident and left her being unable to use lighting in functioning areas of her property for 5 months. Many of the delays were caused by the landlord’s lack of effective communication with the resident and its contractors. The landlord also failed to consider the repair history which meant it took longer to address the overall works needed to fix the leaks. Had it considered this and taken a methodical approach to investigating the leaks, the repair would have likely been resolved much sooner for the resident.
  8. The resident has said the landlord has not carried out any of the works to put things right following the damage caused by the leaks to the internal aspects of the property. Therefore, we will order the landlord to carry out a survey of the resident’s property in respect of the damage, within 28 days of this report. The landlord is to then set out a schedule of works for which it is responsible. It is to complete these works within its own published timescales and industry best practice.
  9. We acknowledge the resident has also said she still has issues with the overflow pipe outside of her bedroom window. The resident said the landlord’s operatives and contractors have given her different information about the impact and seriousness of the leaks from this overflow pipe. In the landlord’s stage 1 complaint response on 17 August 2023,the landlord said it had asked its subcontractor to consider relocating the overflow pipe.
  10. We have not seen any evidence of this being investigated. Therefore, we will order the landlord to inspect the overflow pipe and explain the cause of the overflow of water through this pipe.
  11. For the reasons described above the Ombudsman makes a finding of maladministration in the landlord’s handling of the resident’s reports of leaks and associated repairs within the property coming from a communal water tank facility.
  12. The landlord awarded the resident £450 compensation in its stage 1 and stage 2 complaints responses for this aspect of the resident’s complaint. It is positive the landlord attempted to put things right, but we do not consider that the landlord went far enough. Therefore, we will increase this to £1,000. This is in line with the Ombudsman’s remedies guidance (published on our website). Examples of this level of compensation in the guidance include where the landlord has made errors which had a significant impact on the resident over a prolonged period of time.

The resident’s associated complaint

  1. On 3 February 2023 the resident raised a complaint to the landlord about its handling of her reports of leaks and associated repairs within the property coming from a communal water tank facility. We have seen no evidence the landlord responded to the resident’s complaint between February 2023 and June 2023. We would expect a landlord to acknowledge a resident’s request to raise a complaint within 5 working days, in line with the Ombudsman’s Complaint Handling Code (which sets out our service’s expectations for landlords’ complaint handling).
  2. The landlord provided its stage 1 written complaint response to the resident’s complaint on 17 August 2023. This was 135 working days after the resident first raised her complaint. This was also 30 working days after the resident’s councillor chased for the landlord to raise the resident’s complaint. This is evidence of poor handling of the resident’s complaint, during which we also advised the landlord to provide its stage 1 complaint response.
  3. The landlord should have provided its stage 1 complaint response within 10 working days of its acknowledgement in line with the Code. These delays meant the resident was waiting for an answer to her complaint for far longer than she should have been and was further inconvenienced by having to involve her councillor and the Ombudsman to chase a response from the landlord.
  4. The landlord provided its stage 2 written complaint response within 20 working days of the resident’s request to escalate her complaint. This was on time and in line with the Code.
  5. The landlord apologised and awarded the resident £150 compensation within its stage 1 and stage 2 complaint responses for this aspect of the resident’s complaint. We have considered our own remedies guidance (published on our website) in respect of compensation. This amount awarded by the landlord is within the range of compensation the Ombudsman would issue if the landlord had not made this offer. The remedies guidance gives examples of an award in this range where there has been a failure in the service provided by the landlord which had an impact on the resident but may not have affected the overall outcome of the complaint.
  6. Therefore, the Ombudsman makes a finding of reasonable redress for the landlord’s errors in its handling of the resident’s associated complaint.

Determination (decision)

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of leaks and associated repairs within the property coming from a communal water tank facility.
  2. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, satisfactorily resolves the complaint about its handling of the resident’s associated complaint.

Orders and recommendations

Orders

  1. The landlord is to apologise to the resident in writing. The apology is to be in line with the Ombudsman’s guidance that it acknowledges the maladministration and expresses a sincere regret for its handling of the resident’s reports of leaks and associated repairs within the property coming from a communal water tank facility.
  2. The landlord is to pay the resident a total amount of £1,150 compensation which includes the £600 it awarded in its final response to the resident’s complaint. The £600 can be deducted from the total if it has already been paid. This compensation is broken down as follows:
    1. £1,000 for its errors in its handling of the resident’s reports of leaks and associated repairs within the property coming from a communal water tank facility.
    2. £150 for its errors in its handling of the resident’s associated complaint.
  3. The landlord is to arrange a survey of:
    1. The damage caused by the leaks within the resident’s property.
    2. The overflow pipe outside of the resident’s window. This is to include consideration of whether to relocate the pipe.
  4. The landlord is then to set out a schedule of works for which it is responsible, including timescales, which it is to share with the resident and the Ombudsman. If follow on works are identified by the inspection, these works are to then be carried out within a reasonable timescale, in line with the landlord’s published timescales and industry best practice.
  5. If the landlord is unable to relocate the overflow pipe from above the resident’s bedroom window, it is to write to the resident explaining this. The landlord is to also explain the reasons for the continuous overflow of water through this pipe that occurs for around 6 months of the year and what it plans to do instead of relocating the pipe, to resolve this issue.

Recommendations

  1. Subject to the resident submitting her receipts, the landlord should consider reimbursing the resident all reasonable costs for her using the services of her local launderette and purchasing torches and batteries between January 2023 and October 2023. The landlord should explain its decision to the resident in writing.
  2. The landlord should consider carrying out and completing records of routine inspections of the water tank room facility within the building to ensure the tank room doors are secure, and the area is clear of debris and in good working order.It is for the landlord to decide the frequency of such checks.
  3. The landlord should ensure its staff training is up to date so that resident’s complaints are managed in line with its internal complaint’s procedure and the Housing Ombudsman Service’s Complaint Handling Code.