Longhurst Group Limited (202207628)

REPORT

COMPLAINT 202207628

Longhurst Group Limited

2 May 2023

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 repairs to the resident’s bedroom windows and outhouse roof.

Background

2. The resident is a tenant of the landlord and occupies a house with an outhouse (the property).
3. The landlord recorded the first report of repairs being required to the resident’s outhouse roof on 2 September 2020. It recorded, on 3 December 2021, that his windows were defective and insects had been trapped inside the panes.
4.  The resident raised a stage one complaint with the landlord on 17 March 2022 which it acknowledged the following day. It noted that he was unhappy with its contractor’s communication and the following repairs remained outstanding:
   1. The outhouse roof was leaking.
   2. The kitchen tap was leaking.
   3. A screw was needed for his cooker socket.
   4. Two windows had condensation within the double-glazed panes.
   5. His windows required replacement handles.
5. On 14 April 2022, the landlord informed the resident that it would escalate the complaint directly to the final stage of its internal complaints process, due to the “complexity of the repairs”. It confirmed that the replacement of the windows and their handles had not been completed and an appointment was still not available for the outhouse roof repair.
6. The landlord issued its final response to the resident on 13 June 2022 which upheld the complaint. It offered £175 for the inconvenience caused by the delay in completing the repairs. The landlord confirmed that the remaining work would be completed by its new contractor and therefore new measurements would be required. It advised that the new contractor would attend on 13 June 2022 to take measurements.
7. The resident informed this Service on 9 August 2022 that the outstanding repairs were:
   1. His windows had yet to be replaced; these had developed condensation between the panes and insects had become trapped within.
   2. The leaking outhouse roof had not yet been repaired.
8. The resident told the Ombudsman on 24 August 2022 that, after almost 11 months, the above repairs were still incomplete.

Assessment and findings

9. The landlord’s tenancy agreement with the resident confirms that it is responsible for the repair and maintenance of the structure of the property; this includes the windows and roof. It informed the Ombudsman on 31 August 2022, that the outhouse was part of the property and was the landlord’s responsibility to repair.
10. The landlord’s repairs and maintenance policy confirms that it must attend emergency repairs within two hours and make them safe within 24 hours. For non-emergency, appointed repairs this policy states that the landlord should complete these within 21 days.
11. There has a been a significant failure by the landlord to complete the repairs to the resident’s windows and outhouse roof in accordance with its policy. While it may be reasonable that some repairs may exceed the standard timeframes in a landlord’s policy on occasion, these should be due to exceptional circumstances or exceptional complexity to resolve. There was no evidence that either circumstance was applicable to these two repairs.
12. The landlord explained to the resident, in its final response, that the repairs had to be restarted due to its change of contractor, meaning that measurements would need to be taken again by its new repairs provider. A change of contractor does not exempt a landlord from fulfilling its obligation to carry out repairs within a reasonable period of time. A landlord would be expected to manage its repairs service to ensure that there is no break in the continuity of its service to residents in event of a change of contract.
13. The Ombudsman understands that the changeover of contractors occurred in July 2022. This, therefore, did not fully explain the period of delay that occurred from when the landlord was first made aware of the repairs on 2 September 2020 and 3 December 2021.
14. The landlord was aware from 2 September 2020 that the outhouse roof required a repair to fix a leak and the resident re-reported this issue again on 22 March 2021. It was recorded that the landlord attended on 7 Jun 2021, however there was no record of any work being completed. The repair was recorded as outstanding again on 10 June 2021 and works were raised on 21 January 2022 before being cancelled. There was no evidence of any progress in resolving the repair for the resident and no explanation of why this was the case.
15. The landlord recorded that repairs were required to the resident’s windows on 19 August 2021. There then followed seven appointments, between 28 October 2021 and 26 May 2022, which were cancelled or where the work was not completed, before the job was cancelled. the landlord did not explain why this was the case.
16. In conclusion, the landlord delayed excessively in completing the repairs to the outhouse roof and the windows. There was a period of approximately two years delay in addressing the outhouse roof, which the landlord has informed the Ombudsman was scheduled to be repaired on 14 September 2022. It confirmed to this Service that it was due to attend the property on 1 September 2022 to measure the windows; this was a delay of approximately one year to begin the repair of the windows.
17. The landlord, in its final response to the complaint, acknowledged that there had been a “significant delay” in completing the repairs, but other than informing the resident that it had changed contractor, it offered no further explanation why. The landlord offered the resident compensation of £175 to recognise the delay. This offer was insufficient to proportionately recognise the distress and inconvenience experienced by the resident as a result of the landlord’s errors.
18. For the excessive unexplained delay in carrying out the repairs, the landlord should pay the resident £600 compensation to recognise the distress and inconvenience experienced by, and time and trouble expended by, the resident while awaiting completion of the repairs. This award is in accordance with the Ombudsman’s remedies guidance, available to view online, which provides for awards of £100 to £600 where has been a failure by the landlord over a significant period of time which caused detriment to the resident , but may not be permanent.

Determination

19. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of repairs to the resident’s bedroom windows and outhouse roof.

Orders

20. Within four weeks, the landlord should:
    1. Pay the resident compensation of £600. The landlord’s earlier offer of £175 can be deducted from this amount if it has already been paid.
    2. Provide confirmation to the Ombudsman that it has completed the repairs to the resident’s outhouse roof and bedroom windows. If it has not, it should complete the repairs and pay further compensation for any additional delay occurring since September 2022 when the complaint was brought to this Service.
    3. Review its procedures for the management of repairs and confirm to the Ombudsman what steps it will take to ensure that repairs are completed in a timely manner, in accordance with its policy.
21. The landlord should provide evidence to the Ombudsman within four weeks to confirm that it has complied with the above orders.