Network Homes Limited (202010498)

REPORT

COMPLAINT 202010498

Network Homes Limited

16 December 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

The resident complains about how the landlord handled her reports of repairs needed to the communal hallway outside the property (from December 2019 onwards).

Jurisdiction

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.
After carefully considering all the evidence, in accordance with paragraph 39 (e) of the Housing Ombudsman Scheme, the following aspect of the complaint is outside of the Ombudsman’s jurisdiction: how the landlord handled the resident’s reports of repairs needed to the communal hallway between August 2017 and December 2019.
In accordance with paragraph 39 (e), the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising.
The resident raised a complaint in December 2020 and therefore the Ombudsman has investigated the period from December 2019 onwards as this is considered a reasonable period in which the resident could have raised a complaint about the issue. Some of the history of the repairs is referred to in the Summary of events section below as relevant background.

Background and summary of events

The resident is an assured tenant and lives in a two-bedroom flat on the first floor (the property). The landlord is a member of the Housing Ombudsman Scheme, but there is also a managing agent to the building who is not a member of the Scheme.
The landlord’s repair records include approximately 7 reports of leaks affecting the communal areas between August 2017 and 16 November 2018 by various residents in the block.
On 13 March 2018, the resident contacted the landlord about repairs needed to the communal hallway. She provided photographs and said it had been in need of repair for more than one year. She said there was damp and it was unsafe. The photographs show a wet area of carpet in the corridor, staining above an electrical socket and an area of carpet that had been cut or ripped next to the lift.
On 28 January 2019, the resident contacted the landlord about the communal hallway again. The landlord’s repair records include three reports of leaks affecting the communal areas between January and May 2019.
On 20 July 2020, a leak was reported affecting the “second floor riser cupboard” and a contractor attended and competed a repair.
On 11 September 2020, the landlord acknowledged various reports the resident had made including that the carpet in the hallway was dirty and ripped. The landlord said it would inspect the block and make any necessary recommendations. In subsequent correspondence, the resident referred to an inspection taking place on 16 September 2020.
On 25 November 2020, the landlord’s contractor attended and noted an uncontrollable leak affecting the “lobby” area. The notes state that there was a report of water coming through the CCTV cameras and lights near the lift. The contractor’s notes state that they made the CCTV cameras safe but a plumber was needed urgently and “ceiling came down”.
On 27 November 2020, a contractor attended and checked the “lock room” on each floor and found a leaking water meter joint to one flat. Further notes from the same date refer to a suspected leak to the “communal SVP stack” in a another flat. On 2 December 2020, the contractors attended and found that the possible cause of the leak was a temperature/pressure valve in a particular flat and said the valve should be replaced.
The landlord’s contractors also attended on 18 December 2020, during which the engineer traced and provisionally repaired the leak which was under the bath of a particular flat (not the property). They noted that a new short section of pipework and a new PVR was required. On 6 January 2020, engineer replaced the temperature/pressure relief bar valve and adjusted the pipework under the bath.
On 21 December 2020, the Ombudsman contacted the landlord stating the resident wished to complain about its handling of repairs to a leak in the ground floor communal hallway including her concerns about safety issues. She had said she had slipped in the past and that the leak was close to exposed wiring and that she was concerned the ceiling may collapse. The resident also complained about how the landlord was handling issues with her hot water supply.
The landlord contacted the resident to request further information about the complaint and the resident said that:
1. She had complained about the communal repairs in 2017 when she had tripped over the ripped carpet outside the lift and had fallen on her young baby. The carpet was soaking wet and damaged due to water leaking from the camera and light on the ceiling. She said that had not been repaired“until now”. She said the Local Authority’s Health and safety departmenthad confirmed that the situation was unsafe.
The resident provided some supporting documents and pictures. The photos provided show a tear or cut in the carpet outside the lift and a bucket placed on the floor in the communal area. The floor outside the lift appears wet and a photograph of the ceiling shows water staining and peeling paintwork.
The landlord responded to the complaint on 8 January 2021. The landlord said that while she had said the issue had been reported for three years, in accordance with its complaints policy, it had only looked into the repair history for the past six months. The landlord said, in summary:
1. It had been most recently made aware of the leak affecting the ground floor when an emergency repair was raised on 25 November 2020. An emergency electrician attended the same evening, reported an uncontrollable leak present and made safe any affected electrics. It said that it was noted a ceiling tile had come down however “no further action was required to the ceiling at this point as the leak was still progressing”.
2. Its surveyor had attended the block on 27 November and reported that there were two leaks affecting the communal areas. Its contractors attended and noted that major works were required which could not be completed on an emergency attendance as they suspected the leak to be coming from the boxed-in area around the communal stack pipe. It was suggested that access was required to two flats to establish if there was a leak on the stack.
3. An appointment was made for 7 December 2020 to investigate this issue. On this date it was reported back that the possible cause of the leak was found in one particular flat as the “temperature/pressure relief valve” was leaking. The plumber also noted that the stack pipe would still need to be checked.
4. As there was a management agent at the property, it made enquiries to establish who was responsible for the repairs to the valve in the flat with the leak and the leak from the communal soil stack.
5. The managing agents advised that a plumber had attended on 17 December and reported that the leak could be from a blocked stack pipe. An emergency job was raised by out of hours team who attended on 18 December at which point the source of the leak was traced and found to be related to a pressure relief valve within a particular flat and a temporary repair was completed to stop the leak. Although identified on 7 December, the landlord said it was still in the process of determining if it was responsible for the repair, which did turn out to be the case.
6. The managing agent was informed on 21 December that the leak had been repaired temporarily, that further works were required and they were asked to attend and carry out any making good works required to the communal area. An appointment was made for 23 December 2020, but this did not go ahead as the part requiring replacement had not been ordered. The work was rescheduled and completed on 6 January 2021.
7. In relation to outstanding remedial works, the landlord said it had been liaising with the managing agents and it would be overseeing management of these works until completion and keeping residents updated. In relation to the electrics, an operative had attended on 26 November 2020 and made safe the electrics to the communal area.
In conclusion, the landlord acknowledged that there had been a delay in rectifying the leak due to its lack of clarity regarding repairing responsibilities. It said it was working to try and ensure better logs were kept containing this information to prevent any further delay in repairs for this reason. It said it was an example of where communication between itself and the managing agent needed to be improved and the delay had been used as an example within its weekly contractor meetings.
The resident was dissatisfied with this response stating that she had been complaining about the leak in the communal arear for the past five years and while the leak had since stopped, the area remained in a poor state of repair. The resident also said that she had been unable to swap to another property due to the state of the hallway.
On 8 February 2021, a solicitor wrote to the landlord on behalf of the resident under the Housing Disrepair Pre-action Protocol. It requested the landlord carry out an inspection of the property and provide a report. The defects referred to in the letter included the issues in relation to the boiler breaking down and “penetrating damp for leaks in the communal hallway, damaged/ripped carpet, unsafe electrical wires, collapsed ceiling and unsafe doors in the communal area”.
On 10 February 2021, the landlord responded to the complaint at Stage two of its complaints procedure. The landlord apologised for the distress caused by the delay in the repairs.
The landlord said that it was focusing on the resident’s comments that she felt vulnerable and discriminated against as a result of unresolved repairs in the communal arears. The landlord apologised that she felt this way. It acknowledged that the repairs to the communal areas had been ongoing for some time. The repair responsibility for the communal areas did not rest with it but with the managing agents.
However, the landlord acknowledged that communication could have been managed better. It said that on at least two occasions, she and other residents had been directed to the agents if they had queries, however it was for the landlord to liaise with the managing agents following any reports of communal issues. It apologised that there had been so much confusion over this issue which had led to delays.
The landlord also acknowledged that when reports of damage to the communal areas had been reported, on a number of occasions, these had been raised to its contractors rather than the managing agents. It said it was looking into this to ensure that the correct information was given to residents and that repairs were passed to the correct people. It said it was continuing to liaise with the managing agents and it would keep her updated with progress. The landlord offered £110 compensation for the time taken and inconvenience experienced.
On 16 February 2021, the resident provided the landlord with photographs of the communal hallway which she said showed the condition that day. These included a tear in the carpet and a stained ceiling with visible drips on it. She asked the landlord if she needed to raise a new repair.
The landlord’s correspondence with the managing agents refers to its plumber attending on 16 February 2021 and noting that there was a new leak from communal pipework. The plumber noted that water was dripping through a gap in the ceiling of the communal area. The landlord requested the managing agents action it as an emergency that night and report back once their plumber had attended.
On 16 February 2021, the managing agents responded that their engineer was on site and found that the leak was from the meter for a particular flat therefore it was a “demised pipe”. The engineer was going to fix it whilst on site. The agents stated the following day that the leak had been repaired and there were no more visible leaks. The agents said that as both leaks were “demised”, the landlord was responsible so these so the costs would be recharged. It explained that an insurance claim had been logged and it would arrange for the communal repairs to be completed via that claim.
The landlord has provided a survey report from an inspection of 18 February 2021. The report notes that the access panel directly outside of the property was missing and recommended a new panel door be fixed back; that there was damaged carpet in the communal hallway; and that following a leak and condensation related dripping had damaged the communal entrance area. This was for the managing agent to rectify and there were no further leaks present from other flats owned by the landlord.
The landlord’s correspondence refers to it raising an emergency job on 19 February 2021 stating it had been “identified there are leaks from the pipework that feeds multiple water meters”. The contractor’s notes from 19 February 2021 refer to no leaks being found on that date.
On 24 February 2021, the landlord informed the resident that when its plumber had attended on 19 February 2021, they did not find any leaks on the ground, first or second floor water meter cupboards, or any other leaks currently affecting the communal area. It said it did not have any properties on the third floor so it had asked the managing agent to ensure a plumber attended to check these.
The resident responded stating that the plumber who had attended on 19 February 2021 did in fact confirm a leak on the water pipe for her flat and one other. She provided a video to the landlord which includes an operative confirming two leaks on pipework. The landlord offered for a plumber to attend on 26 February 2021.
A plumbers report from 8 March 2021 refers to having checked the cylinder cupboard and bathroom to one flat and found no leaks, and to having checked with a second property and the resident said the leak had stopped.
The landlord booked for remedial works to make good the ceiling above the entrance the block and paint on 19 May 2021.
The landlord’s internal correspondence of 29 April 2021 refers to it having received a notice from the Fire Brigade in relation to the building which included a reference to “widespread damp and water damage evidence throughout ground floor foyer, including around light fittings mounted directly to the affected area, which are not functioning and/or in disrepair”.
The landlord arranged to attend the property on 5 May 2021 to check for damp or leaks. The landlord’s internal correspondence refers to there being a new leak affecting the ground floor communal area. It found that the ceiling area was damp but the leak had not reached ground level. It noted having raised an emergency repair for its contractor to attend that day to trace and rectify the leak. The correspondence refers to a plumber having checked all water riser cupboards on all accessible floor (one floor was not accessible as the door was locked by the managing agent as those flats were not owned by the landlord). The plumber had checked and confirmed all water meters were sound and not leaking. The landlord decided to raise works for stain blocking and repainting to the entry area of the hallway and noted that if the leak returned it would need to carry out further investigation such as “leak detection or thermal imaging”. It also noted it would raise an electrical order for the entrance lobby area and reinstate all blown lights. This is noted as completed on 27 May 2021.
On 27 August 2021, the resident accepted a Part 36 offer made by the landlord under the Pre-Action Protocol for Disrepair claims in full and final settlement of the legal claim. The landlord has advised that this claim included both the repairs to the boiler and the communal repairs. As part of the settlement, the landlord agreed to pay compensation and complete repairs. The landlord has informed the Ombudsman that the repairs to the property are complete andthat the communal repairs were completed on 27 July 2021 except for the carpet replacement which the managing agents are arranging.
The resident informed the Ombudsman that the complaint about the boiler repairs had been resolved through the settlement agreed under the Protocol, but requested the Ombudsman investigate the complaint about the communal repairs stating that the landlord said it was not responsible for the communal areas as this was the responsibility of the managing agent and it had not offered any compensation for this part of the claim. She has also said that the communal repairs are outstanding to date and that the condition of the communal areas is stopping her from completing a mutual exchange as it puts prospective tenants off the property.

Assessment and findings

Landlord responsibilities including tenancy terms

Under the terms of the tenancy, the landlord is responsible for:
1. Taking reasonable care to keep the common entrances, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including their electric lighting, in reasonable repair and for use by the Tenant and other occupiers and visitors to the Premises.
2. Keeping the exterior of the Premises and any common parts in a good state of decoration and to decorate these areas once approximately every 5 years.
The landlord’s Repairs policy states that:
1. Emergency repairs (where there is an immediate danger to life or limb, major damage to the property, flooding, major electrical fault heating or hot water failure in winter, or the property is not secure) will be responded to within four hours (if reported during the working day).
2. Routine repairs (all repairs that are the landlord’s responsibility but not emergencies) are expected to be completed within 15 working days.
The policy also states that it will ensure that communal areas are kept in reasonable repair and safe and fit for use including keeping communal area lighting in working order.
The landlord’s Complaints policy (effective from 1 April 2021) states that it does not apply when the resident has not raised their concerns within six months of the issue occurring.
The landlord’s Compensation policy states that for it to award compensation, there must have been maladministration (failure to do something that it says it will do or not do it properly) and an adverse consequence on the resident.
It also recommends that staff considering compensation should take into account the impact of the failure on the resident and the vulnerability of the household. It describes three impact levels:
1. Low impact: the resident has not suffered significant inconvenience or distress.
2. Medium impact: the events have caused unreasonable inconvenience. For example, repeated failure to address the shortcoming.
3. Major impact: a serious failure in service standards. It could be either the severity of the event of the persistent failure over a protracted time or an unacceptable number of attempts to resolve and address he complaint.
It includes the following tariffs:
1. Delay: Low impact £5 per week; medium impact £10 per week; major impact with the possibility of injury to health £20 per week.
2. Distress: Low impact £5 per week; medium impact £10 per week, Major impact with the possibility of injury to health £20 per week.

Assessment

There is a long history of recurrent leaks affecting the communal areas in the block. For the reasons set out at paragraphs 4 and 5 (above), the scope of the Ombudsman’s investigation is from December 2019 onwards. However, it is noted that some of the repairs required to the communal area (the ripped carpet) has been outstanding since at least early 2018.
A leak was reported in July 2020 and the landlord responded to this report appropriately by addressing the leak. However, the landlord was aware from at least early September 2020 that there were outstanding repairs required to the communal hallway. It inspected the block on or around 16 September 2020. This was appropriate to determine the extent of any repairs and whose responsibility they fell under. However, there is no evidence of the landlord following up this inspection by raising repairs either with its own contractors or the managing agents.
The landlord’s contractors attended on 25 November 2020, 27 November 2020 and 2 December 2020. On 18 December 2020, a temporary repair was completed within one particular flat. This was followed up on 6 January 2020 when the leak was resolved.
There was a delay in both the leak being rectified and the communal repairs being completed in that they were not completed within the timescales set out in the landlord’s policy. Any emergency issues should have been made safe within four hours, and the follow-up repairs complete within 15 working days. The final repair to resolve the leak was not completed until 6 January 2021 and the remedial works to the communal areas were outstanding at this date.
However, when responding to the complaint, the landlord acted appropriately in acknowledging that there had been a delay in rectifying the leak due to its lack of clarity regarding repairing responsibilities. It informed the resident of the steps it was taking to improve its services and prevent the same thing happening again (improving its record keeping and communications with the managing agents). This was appropriate and in accordance with the Ombudsman’s Dispute Resolution Principles:
1. Be fair.
2. Put things right
3. Learn from outcomes
When escalating the complaint, the resident referred to the history of the leaks affecting the communal hallway (which are outside the scope of this investigation) and that while the leak had stopped, the communal repairs were outstanding.
In its final complaint response of 10 February 2021, the landlord acknowledged that its communications could have been better and caused confusion over responsibility for repairs. It said that responsibility of the repairs lay with the managing agents. It offered £110 compensation in view of the time taken to resolve the issue and the inconvenience experienced. The landlord also said it was continuing to liaise with the managing agents and it would keep her updated with progress.
While it is acknowledged that there was a delay in the leak being fully rectified and the communal repairs being completed between September 2019 and February 2021, the landlord acted fairly in identifying its shortcomings which had led to the delays and explained how it would improve its services. The landlord also offered compensation for the inconvenience, which while modest, was reasonable given the length of time the landlord had considered as part of the complaint. It was also in accordance with the landlord’s Compensation Policy if the issue is considered to have caused several weeks’ delay at medium impact. The landlord also agreed to continue to liaise with the managing agents about the remedial works to the communal areas and keep the resident updated, which was appropriate.
Following this there were two further leaks, in February and May 2021. The landlord appropriately arranged multiple inspections to try and find the source of the leaks. The evidence available as to whether this was resolved in February 2021 is confusing and the resident disputed the landlord’s position that the leaks had been resolved by 24 February 2021. A further check was completed on 8 March 2021 and in early May 2021, the landlord concluded that there were no ongoing leaks and remedial works could be arranged.
It is acknowledged that if there were further leaks in February and May 2021, this would have delayed the landlord being able to complete the remedial works to the communal area. However, the landlord should have kept the resident informed or clearly explaining the position in terms of the responsibility for the communal repairs. In its final complaint response, the landlord simply said these fell under the responsibility of the managing agent but this does not accurately reflect the complexity of the repairing responsibilities. The evidence refers to the communal repairs being the responsibility of the landlord where the leak had come from a flat belonging to the landlord. In addition, the tenancy terms clearly state that the landlord is responsible for communal repairs.
In this situation, the landlord should have ensured it fully understood its repairing obligations, communicated this clearly to the resident, and taken steps to ensure it took all reasonable action to ensure communal repairs were completed within a reasonable time. This was particularly important given the history of and the number of leaks which have affected the block over the last few years and that some of the remedial works have been outstanding for a number of years. While the landlord decided to complete communal repairs in May 2021, the parties dispute whether these have been completed to date. The landlord has acknowledged that the carpet is still in need of replacement, which is of concern given that the evidence confirms there was a tear in the carpet as far back as 2018.
In conclusion, the landlord’s complaint response was reasonable in identifying a delay in rectifying the first leak (in late 2020) and some shortcomings in its communication with both the resident and the managing agents. It also acted fairly in apologising, explaining how it would prevent the same issues occurring again, and offering compensation. However, subsequent to this, further leaks have affected the same communal area, the carpet still requires replacement and there is a dispute as to whether other remedial works remain outstanding. The landlord’s position as to the responsibility for the leaks and remedial works is confusing and has not been communicated clearly to the resident. The landlord should have appropriately followed up its complaint response by keeping the resident informed, being clear about its responsibility, taking steps to ensure repairs were completed in a timely manner and communicating with the resident about this.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in relation to how it handled the reports of repairs needed to the communal hallway outside the property (from December 2019 onwards).

Reasons

The landlord’s complaint response was reasonable in identifying a delay in rectifying the first leak (in late 2020) and some shortcomings in its communication with both the resident and the managing agents. It also acted fairly in apologising, explaining how it would prevent the same issues occurring again, and offering compensation. However, the landlord’s communication in relation to responsibility for the communal repairs was confusing and did not fully explain the position. The landlord should have appropriately followed up its complaint response by being clear about its responsibility, keeping the resident updated and ensuring repairs were completed in a timely manner and communicating with the resident about this.

Orders

The landlord to apologise to the resident and pay £150 compensation to the resident (in addition to the £110 offered during the complaints process), within four weeks of the date of this Order.
The landlord to contact the resident and if she confirms that communal repairs are outstanding to date, the landlord to arrange an inspection to confirm whether remedial works are outstanding. Following this, the landlord to write to the resident to clearly explain the repairing responsibilities in relation to communal repairs generally and any current outstanding communal repairs. The landlord should also provide an update as to the progress of these works and provide a time frame and explanation as to what it is doing to ensure these are completed as soon as possible. (Within six weeks of the date of this Order.)

Recommendations

The landlord to take steps to ensure that its staff fully understand the repairing obligations in relation to this particular block and those of the managing agent, and put in place measures to ensure that any further communal repair issues are dealt with appropriately and promptly.
Given the number of leaks which have affected the block in recent years, if any further leaks are reported, the landlord to consider arranging an independent expert inspection to determine the cause and whether further repairs are required to prevent a reoccurrence of leaks.