Metropolitan Thames Valley Housing (202115012)

REPORT

COMPLAINT 202115012

Metropolitan Housing Trust Limited

6 April 2022

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 response to:

a.     Repairs reported by the resident.

b.     The associated complaint.

Background and summary of events

2. The resident is an assured shorthold tenant of the landlord at the property, a 4th floor one bed flat in a modern block, under an assured shorthold tenancy since 2017. The building is serviced by a communal lift, with the landlord confirming in its correspondence with the resident that a managing agent was responsible for repair/maintenance of this lift. The household, including the resident’s infant child, has no vulnerabilities recorded.

The tenancy agreement

3. The tenancy agreement sets out the rights and responsibilities of both the resident and the landlord. Section 2.3 states that the landlord will maintain the window catches and frames and internal doors. Section 2.4 states the landlord will maintain toilet waste pipes. Section 2.7 states the landlord will take reasonable care to maintain lifts.

The repairs policy

4. The ‘Repairs, a guide for tenants’ booklet confirms that the landlord is responsible for doorframes and hinges, lifts, WC blockages and windows. It confirms that a blocked WC, where it is the only one in the home, is classed as an ‘emergency’ repair to be completed within 24 hours, as is securing entrance doors or windows. ‘Routine’ repairs are to be completed within 28 days and ‘major routine’ repairs within three months or as part of a planned programme of works. Window and door replacement are included in the list of major items normally completed to an agreed work programme.

The complaints policy

5. The landlord’s complaints policy says stage one complaints will be responded to within 10 working days, and stage two within 20 working days.

The compensation policy

6. The landlord’s compensation guidance says that aggravating factors should be considered to justify an increased award of compensation, including the emotional impact experienced where there are young children in the property. The landlord’s compensation policy allows for compensation of between £151 to £350 when there has been a repeated failing in the service provided meaning a high impact to customers and their standard of living. 

Guarantee/maintenance of windows

7. The instructions relating to the windows installed at the property say that window handles, in a normal environment should be serviced every 12 months, friction stays/tilt turn/top swing/sliding/handles and parallel hinges in a normal environment, should be serviced every 6 months.

Summary of events

8. The landlord’s repair records confirm that in February 2020, the resident reported that the living room windows were not opening and closing properly and that the hinges could be defective. Prior to this, in November 2019, a survey of the windows in the building was carried out. The resident’s property was not inspected but the survey concluded that the majority of the hinges to the windows that had been inspected elsewhere were still performing as they should, but the tilt mechanisms were beginning to fail on some of the windows. The issues with the windows were regarded to be latent defects.
9. The resident reported the problems with the living room windows on at least five further occasions in 2020 and then again in March and July 2021. In March 2021 the resident reported that the windows would fall out of the frame when opened. 
10. During December 2020, the resident reported that her toilet was leaking and constantly flooding over the bathroom floor. She made further reports about blockages to the toilet in January and March 2021. The landlord’s records indicate that the reports of the toilet leaking were attended to as a routine repair and that the reports about the blocked toilet were attended to as an emergency repair.
11. On 5 January 2021 the resident reported that there was mould and condensation growing in the property caused by the ventilation system not working.
12. On 29 January 2021 the landlord’s records show that the only lift was not going above the first floor.
13. A job was raised relating to a leak from the toilet on 15 April 2021 when a drainage contractor attended and recommended the landlord visit to rectify the leak and check the pipework connection. The contractor recommended that the toilet was removed to carry out a further CCTV survey as they were not able to pass 2.63 metres. An internal landlord email recommended that the bath panel and tiles on the wall be removed to check how the pipework was connected.
14. The resident logged a complaint on 7 July 2021:
    1. The windows did not open properly and hung on one hinge; she had been told the last time they were fixed that the wrong seal was used, and the whole building would have their windows redone.
    2. The toilet was still blocking. The resident had been advised the pipework was not connected properly and would need re-doing.
    3. The lift was always broken.
    4. They were trapped in the flat as could not use stairs from the 4th floor with a baby and could not open the window in case it fell out.
15. The resident’s MP made an enquiry to the landlord chasing the window and plumbing repairs on 16 July 2021 and on 20 July 2021 the MP asked the landlord for the periods in the previous year the lift had been broken. The resident’s email attached outlined her problems with a baby on the 4th floor with the window not opening, as well as window and plumbing repairs.
16. The landlord responded to the MP that the lift was out of order between 7 – 14 July 2021 and in that time an alternative lift was available up to the 3rd floor. Repairs were arranged by the managing agent as lifts were their responsibility. The lift had been vandalised but there had been no concerns about repeated breakdowns, and this was being monitored. The MP replied further chasing the window and plumbing repairs.
17. On 20 July 2021 the resident reported that the ventilation system in the property was not working. In response a routine repair was raised.
18. An internal landlord email on 22 July 2021 raised a repair following a CCTV drainage report.
19. On 28 July 2021, the resident asked to include the issues of ventilation and the window hinges to the complaint. The landlord had attended on 26 July 2021 to review the windows and vents and said the hinges needed replacing and the ventilation appeared to have never worked. The landlord also noted that the toilet was constantly flooding due to the waste pipe being installed incorrectly.
20. The landlord emailed the resident and said the complaint response would be delayed on 2 August 2021.
21. The landlord tried to contact the resident several times on 4 August 2021 and again on 5 August 2021, the date upon which it issued its stage one complaint response, which said:

1. The landlord restated the resident’s complaint; that the windows did not open properly, the toilet was still blocked, and the lift was always broken.
2. The landlord apologised and said that contact had been attempted on several occasions to advise that an engineer would visit on 19 August 2021 to inspect all the issues raised and any required works would be raised.
3. The lift had been vandalised, but an engineer attended within two days, it had happened again, and the managing agent had asked their insurance company to deal with this.
4. The complaint was upheld, and £70 compensation was offered, being £50 for time and trouble and £20 for poor complaint handling.
5. Any training needs identified as a consequence of the complaint would be acted upon.

22. The resident responded on 6 August 2021 to ask why new hinges had not been fitted for the windows despite the report saying they were needed, and why another engineer was being sent. She said the lift was out for longer than two days, and she had to carry the baby down five flights of stairs so had been housebound and had suffered with severe anxiety. The compensation was not enough, and the ventilation had never worked.
23. The landlord acknowledged the stage two complaint and said a response should be expected by 3 September 2021.
24. On 9 August 2021, the resident advised the landlord that the lift was out of order again, as was the disabled lift. She said the windows, ventilation, toilet and bath issues were not resolved.
25. The landlord responded to the resident’s MP; The windows were considered a latent defect so needed to be replaced not repaired, this was being inspected and once further information was known all tenants would be advised. A CCTV inspection of the toilet was planned for 10 August 2021 to find the source of the blockage. The communal doors were repaired but the problem had reoccurred, and this had been passed to a specialist team to investigate. The communal ventilation appeared to have a mechanical fault which could not be fixed inhouse, so a subcontractor was investigating. Apologies for the delays and assurances that the landlord was managing all concerns were given.
26. The resident emailed on 10 August 2021 and asked to add the living room door getting stuck to the complaint. The family had to call the fire brigade to release them from the living room and the children were traumatised. The fireman had said the door was not fitted properly and had warped due to the heat in the flat, and the bar inside the door had snapped. Someone due that day to inspect it had not turned up or called and the resident stated that she had had enough of living in the property.
27. On 15 August 2021, the resident said the landlord had attended the property on 13 August to inspect the toilet and fix the leak, but this had not been arranged. The resident wished to escalate the complaint and did not accept the £70 compensation. The resident was told that the bathroom would be fixed on 25 August and wanted further details as the last contractor had damaged the toilet. She asked if she and her family would have to stay elsewhere if the work was not finished. She said the issues of the living room door, ventilation, windows and bathroom were still outstanding.
28. The next day the landlord confirmed that a job had been raised for the new door furniture and it would refer the issue of the stairwell and lift. On 27 August 2021 it advised that jobs had been raised to fix the window and ventilation and asked for photographs of the painting that needed to be done. The bathroom work would not require the family being moved into temporary accommodation and compensation would be considered once all the work was done.
29. On 1 September 2021, the resident advised that a contractor had attended to fix the ventilation and said he needed another part; this should have been ordered already. The flat had been without fresh air for months when they could not open windows. The resident asked when the ventilation, windows and living room door would be fixed and painted.
30. An inspection by a glass contractor dated 16 September 2021 confirmed that the window was not functioning as it should in all operation modes. The inspector believed it may not have been adjusted correctly on installation and recommended a repair.
31. The landlord updated the resident on 17 September 2021 that there would be a delay in the complaint response. The resident said they were not happy with the delay and the landlord apologised.
32. On 24 September 2021, the landlord issued a final response letter:
    1. The landlord had undertaken an inspection on 25 August 2021 and identified several outstanding repairs which needed to be raised and scheduled for completion.
    2. Repairs had been completed in respect of the toilet, ventilation system, decoration/door stops in the lounge, and the lifts.
    3. The issue with the window had been raised with the contractors.
    4. A post repairs inspection in respect of the toilet, ventilation and door took place on 7 September 2021 and the landlord was satisfied with the repairs carried out.
    5. The complaint was upheld, and an increased compensation offer of £125 made.
    6. Appeal rights to this Service were given.

Since the stage two response was issued.

33. In October 2021, a report from the window manufacturers said that the landlord was advised on installation about the maintenance required on the windows. It included reference to the resident’s property and said the lounge windows needed adjustment, with no parts required. The windows had not been serviced and maintained in line with the manufacturer’s manual. A further email from the freeholders said that issues with windows were a combination of misuse by residents and no maintenance or servicing by the landlord.
34. The resident advised that decorating around the door had not been completed by the contractor who attended on 15 October 2021, that MDF had been used instead of wood and the paint would not adhere to it, and the landlord was made aware by the contractor that day.
35. An internal landlord email dated 11 November 2021 discussed that the failure of windows in the resident’s block was due to lack of maintenance and servicing.
36. A report by the window contractor on 13 December 2021 confirmed a site inspection to the resident’s property. It found 12 failed items including that the window was not in good condition and could not be opened normally, and that it was not safe to open the window.
37. The resident advised in January 2022 that the windows were still not opening despite the contractor’s visit on 13 December 2021 to quote for a repair. The lift was now operational, and the living room door was still stiff, but they were told this would resolve itself.

Assessment and findings

Windows

38. The manufacturer’s guarantee indicates the window mechanism should have been serviced every six months. The landlord initially considered the issue as a latent defect but later acknowledged internally that the windows were not serviced as recommended. The resident has raised the issue of the windows since February 2020, long before the complaint in July 2021. The landlord was given a report in December 2021 which said it was not safe to open the windows. However, there is no evidence this has been resolved as yet, more than two years after the repair was first reported, and eight months after having been raised as a formal complaint.
39. The landlord does not dispute that the repairs were required, and that the resident was not responsible for these repairs. According to the landlord’s guide, routine repairs should be attended to in 28 days and given the safety implications of the window falling out, this should have been prioritised by the landlord. The issue of whether it was the manufacturer or the landlord’s responsibility for the repair should have been resolved later.
40. For the family not to be able to open the window safely, particularly throughout the summer months and with no working ventilation system in the block, could reasonably be said to cause discomfort. The length of time that the matter has been outstanding has caused undue distress.
41. In all the circumstances of the case, the delay in achieving a resolution for the resident in regards the windows at the property amounts to a significant service failure. As such, an order has been included below for additional compensation to be paid to the resident to reflect this failure, together with a further order to achieve a resolution within a reasonable timeframe.

Toilet

42. The toilet repair was reported in December 2020, and work to resolve the issue was carried out on 25 August 2021 and it appears the problem was resolved at this point, nine months later. It seems there were two issues, a leak and periodic blockages. These appeared to be intermittent issues so as a minimum should have been resolved within 28 days in accordance with the landlord’s timescales but took far longer. This was the only toilet in the property and the inconvenience and stress caused by a toilet potentially flooding into the home would be considerable for the family. The landlord was made aware in April 2021 that further investigation was required but were slow to arrange this.
43. As with the issues pertaining to the windows, the landlord’s delay in resolving these issues amounts to a service failure against its published repair standards. To reflect this failure, a further amount of compensation has been ordered below.

Lift

44. The resident reported the lift broken in July 2021, and the landlord’s log shows that it was not working in January 2021 as well. The landlord initially said it was out of order from 7 to 14 July 2021, and there was another lift available to the third floor, but the resident said that was not the case. It is not possible for this Service to know which is the correct version of events, but even if one lift were not working for a week, and the other was working up to the third floor, this would reasonably cause considerable inconvenience for a family with a baby and small child.  The resident has explained the difficulties of managing a pram and baby on the stairs and this is appreciated by the Ombudsman.
45. The resident said that the lift was broken again on 9 August 2021.The lift was said to be fixed in the stage two response dated 24 September 2021, but it is not clear how long it was out of service on that occasion. The landlord said that it had asked its insurance company to deal with the matter, and internal emails said it was the building freeholder who was responsible for the lifts. The tenancy agreement says that the landlord is responsible for the lift, so the resident should expect that the landlord liaise with its tenant and work on their behalf to resolve the issue.
46. It is noted that the resident has stated that the broken lift caused her extreme anxiety. The Ombudsman does not doubt her comments; but must clarify that it is beyond the expertise of this Service to decide on whether there was a direct link between the repairs at the property and her health. The resident therefore may wish to seek independent advice on making a personal injury claim if she considers that her health was affected by any action or lack thereof by the landlord.

Ventilation

47. The resident first raised the issue of the ventilation in January 2021 and later included this in her formal complaint. The landlord acknowledged a building wide mechanical fault when it replied to the MP on 9 August 2021 and in the final response of 24 September 2021 it said this had been repaired. Ventilation is not listed as a category of repair on the repair guide so is not considered as a service failure in itself. However, this would have added to the discomfort felt by the family by the closed window.

Living room door

48. The door repair was reported by the resident on 10 August 2021 and was said to have been resolved by the second stage response of 24 September 2021. It is not listed as an emergency repair though it clearly caused a distressing situation for the family. However, this could not reasonably have been anticipated by the landlord so is not a service failure in this instance.
49. After the stage two response the resident said that the decorating around the door was not completed satisfactorily. The Ombudsman cannot normally investigate matters which arise after the final complaint response as this is something that the resident can raise a formal complaint about if required. Further, the Ombudsman cannot decide whether the decoration is up to standard, but the landlord may wish to follow this up with the resident to ensure it is satisfactorily resolved.

The compensation offered

50. The landlord has acknowledged the service failures in respect of the various repairs and its liability for them, but the compensation offered does not recognise the particular circumstances of the resident and her family. The combination of living with a baby and small child on the fourth floor with a broken lift and no ventilation when the window cannot be opened safely would cause a particularly unpleasant environment for the family, who felt that their concerns were not being addressed.
51. The window repair has been outstanding for an inordinate length of time, through periods of the Covid pandemic lockdown when the resident and her family would be restricted to the home more than they would ordinarily. The landlord’s guidance for compensation recognises that some individuals will be more affected by the inaction of the landlord and includes those with young children in the house.
52. The landlord’s compensation policy allows for compensation of between £151 to £350 when there has been a repeated failing in the service provided, meaning a high impact to customers and their standard of living. It is clear that the landlord’s identified failures in resolving repair issues at the property have caused significant detriment to the household, for which an award of compensation at the higher end of the compensation range detailed within the compensation policy. Given the significant failure relating to the windows, which remains unresolved, a figure at the top of this range is considered reasonable (£350), with a figure within the middle of this range considered reasonable for the failures relating to the toilet issues (£250).

Complaint handling 

53. The stage one and stage two complaint responses were both overdue, taking nearly twice as long as the landlord’s published targets. The stage one response did not include the ventilation issue raised by the resident on 28 July 2021.
54. This Service has also assessed whether the landlord’s actions were in accordance with the Ombudsman’s ‘dispute resolution principles,’ that is to have a process that seeks to put things right for residents, is fair, and that learns from outcomes. The landlord’s responses did acknowledge the poor complaint handling and the stage one response said that that ‘any training needs which had been identified as a consequence of your experience are being acted upon’.  However, it did not say that any training needs had been identified, or what areas the training would include which does not give reassurance that the resident’s experience had resulted in a positive change.
55. It should be clarified that when this Service awards compensation, it is not to punish or make an example of the landlord, nor is it to award ‘damages’ in the way that a court or insurance claim may. The purpose of compensation is to recognise the likely level of distress and inconvenience caused by its failures and award an amount that is proportionate to this. In accordance with the landlord’s discretionary compensation tariff, an award of £100 would more reasonably reflect the poor complaint handling in this instance.

Determination (decision)

56. In accordance with paragraph 54 of the Scheme there was maladministration in respect of:
    1. The landlord’s handling of the repairs and;
    2. The landlord’s response to the resident’s complaint.

Reasons

The repairs

57. The award made by the landlord did not recognise the particular circumstances of the resident, and the duration the issues persisted.

The complaint handling

58. The complaint responses were late, the stage one response did not include all the issues complained about and no learning has been demonstrated.

Orders

59. The landlord to:
    1. Pay the resident the £700 compensation, made up of £600 in respect of the service failures relating to the repairs (£350 for the window issues and £250 for the toilet issues) and £100 for the service failures identified with its complaint handling.
    2. Repair or replace the faulty window.
    3. Carry out a case review to identify the learning from this complaint.
60. The landlord to evidence compliance with these orders to this Service within four weeks of the date of this determination.

Recommendations

61. It is recommended that the landlord carry out an inspection to ascertain the situation with the decoration around the living room door, and the closing of the door after the repair, and take action if required.