Newlon Housing Trust (202324954)

REPORT

COMPLAINT 202324954

Newlon Housing Trust

11 September 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

The complaint is about the landlord’s handling of:
1. the resident’s reports of window repairs.
2. the resident’s complaint.

Background

The resident occupies the property, a 2 bedroom, fifth floor flat, under an assured tenancy. The resident lives at the property with her 11 year old son.
On 17 December 2022 the resident asked the landlord to repair the windows at the property. She said the winding system used to open and close the windows was not working.
On 20 September 2023 the resident raised a complaint with the landlord. She said:
1. the landlord made numerous repairs to the windows since she had moved into the property in September 2019. She previously made a complaint when her window was left open for months and the landlord had apologised for this.
2. she had 10 windows in the property and the winding system kept breaking or getting stuck. She estimated 20-30 contractors had been to the property and they all said the winding system was not good.
3. she reported a problem with the living room windows on 16 December 2022 and a contractor visited, but she had not received a response, in spite of calling the landlord to enquire what would happen next.
4. her bedroom window also stopped working along with another living room window. This meant only 3 of 10 windows in the property were working.
5. when the weather was cold the property was freezing and when the weather was hot, it was too hot, and food went off due to the heat.
6. if the landlord failed to undertake repairs by 30 September 2023, she would make her own arrangements and send the bill to the landlord. She was also going to claim compensation for being in an uninhabitable home since December 2022.
On 5 October 2023, the landlord sent its stage 1 complaint response. It said:
1. the works should have been completed within 20 working days and there had been a service failure.
2. the landlord had booked an appointment for 5 October 2023 to replace 3 windows, 2 in the living room and 1 in the bedroom, and assess the remaining 7 windows for repair or replacement.
3. it was sorry for the delays and for not being able to explain the delays in full.
4. it would compensate her for the delays, and it was gathering information to assess the compensation due.
5. it would look at the causes of the delay to improve the services it provided.
On 11 October 2023, the resident confirmed she was dissatisfied with the stage 1 response and asked the landlord to escalate her complaint. She said:
1. the contractor had told her it would recommend replacing the winding system on her windows to a pull system.
2. every visit for the repairs had affected her job.
3. the response was not good enough and numerous other residents in the building may be having the same problem. She had looked at the private side of the building and the windows there had a different mechanism.
4. she wanted the winding system to be changed as she could not keep having them repaired every couple of months.
5. one of the windows in the living room had a gap and draughts and rain were coming in. This was reported in December 2022, and this remained as an outstanding repair.
The contractor removed winding mechanisms and installed restrictors to the windows on 15 and 16 January 2024. On 19 April 2024, the resident reported the windows would not remain open and kept slamming shut. The landlord’s surveyor and contractor attended on 7 February 2025. The surveyor recommended replacing the windows and fitting extra strips to seal around the windows until they were replaced. The contractor fitted draught excluding strips and clear silicone on 7 February 2025.
The landlord sent its stage 2 complaint response on 3 March 2025. It said:
1. its stage 1 response acknowledged the landlord’s service failure, but it should have offered compensation for the inconvenience experienced by the resident up to that date.
2. although the surveyor recommended replacing the windows, it had completed interim repairs until it could replace the windows.
3. it was sorry for the delay escalating the resident’s complaint and the service failures identified. It offered the resident £1,140 compensation. It said this was made up of:
  1. £190 for the delay in progressing the repair between December 2022 and May 2023
  2. £50 in recognition of poor communication
  3. £25 for failure to escalate the resident’s complaint to stage 2 within a reasonable timeframe.
  4. £25 for the missed appointment by the surveyor
  5. £750 in recognition of the inconvenience, impact, and distress in the management of the repairs
The resident was unhappy with the landlord’s response and asked us to investigate her complaint. She said she was dissatisfied with the landlord’s compensation offer. She told us the landlord failed to resolve the problems with the windows.

Assessment and findings

Scope of Investigation

The resident said there was a long history of problems with the windows, which she reported to the landlord. However, this investigation has focussed on the events that led to the resident’s complaint in September 2023, until the landlord’s stage 2 response on 3 March 2025. This is because residents are expected to raise complaints with their landlords, and with this Service, in a timely manner, so issues can be considered while the evidence is available to reach an informed conclusion on the events that occurred.

The landlord’s handling of the resident’s reports of window repairs

The tenancy agreement says the landlord is responsible for keeping the windowsills, window catches, sash cords and window frames in the property in a good state of repair.
The landlord’s repairs policy says the landlord will respond to routine repairs within 20 working days. Where repairs need specialist contractors, such as window frames, the landlord will aim to complete the non-urgent works within 3 months or as part of programmed maintenance.
In this case, the resident raised a repair on 17 December 2022. She told the landlord the winding mechanisms on the windows at the property kept failing and one of the windows had a gap which was letting rain in. The landlord arranged for contractors to attend the property in January 2023, May 2023, and July 2023.
The resident contacted the landlord in July and September 2023 to request updates on the repair. The landlord’s contractor said it could not access the property on 24 July 2023, but the resident said she had not been informed of an appointment. The appointment was rearranged for 3 days later, but the landlord changed its contractor and delayed the appointment until 5 October 2023.
In its stage 1 response, the landlord told the resident it asked the window contractor to replace 3 windows, 2 in the living room and 1 in the bedroom, and assess the remaining 7 windows for repair or replacement. However, when the contractor attended on 5 October 2023, it agreed a plan with the resident to remove the winding mechanisms from all of the windows, and replace them with restrictors. The contractor told the landlord that replacing the mechanisms meant the windows did not need to be replaced.
It was over 9 months after the resident first reported the problem, before the landlord confirmed its plan to resolve the issue. In its stage 2 response, the landlord recognised its delay and said there was a failure to progress the repair between December 2022 and May 2023. It offered a total of £190 for the delay.
The landlord did not confirm its plan to resolve the repairs reported by the resident until 5 October 2023. Therefore, the delay by the landlord was from December 2022 until October 2023. The landlord should have acknowledged the full extent of the delay in its stage 2 complaint response. It should also have made an increased compensation award to reflect the delay, in line with its compensation policy.
The records show that after the inspection on 5 October 2023, the landlord promptly responded to the contractor to agree the proposal. The landlord followed up regularly with the contractor regarding delivery of the parts, which were ordered from overseas. The landlord also told the resident when the parts would be received, and when it expected the works could begin. The landlord and the contractor communicated well with the resident during this period until the winding mechanisms were removed and replaced with restrictors on 15 and 16 January 2024.
The resident reported a further problem with rainwater entering through one of the windows on 22 January 2024. The landlord promptly responded and arranged an appointment for a contractor to attend. The contractor told the landlord it resolved the problem on 21 February 2024. The landlord contacted the resident after the contractor’s visit to confirm it had resolved the problem. The landlord responded appropriately to the resident’s repair request on 22 January 2024.
On 19 April 2024, the resident reported a further problem. She said since the internal restrictors had been fitted, the windows slammed shut with the wind, and she was worried they would smash.
The landlord arranged for a surveyor to attend on 21 May 2024, which was an appropriate response to the resident’s report of a further repair issue. When its surveyor failed to attend the planned appointment, the landlord apologised to the resident. In the stage 2 complaint response, the landlord also offered the resident £25 compensation for the missed surveyor’s appointment, in line with its compensation policy.
The landlord arranged a further appointment for 11 June 2024, when its surveyor attended and recommended using restrictors to stop the windows slamming shut. The landlord contacted its contractor to ask if this was possible, but the contractor responded to say there was nothing more they could do.
There was no evidence the landlord updated the resident after the inspection or its discussion with the contractor. This was unreasonable, and meant the resident needed to contact the landlord again on 19 July 2024 to ask for an update following the surveyor’s visit.
The landlord said it attempted to telephone the resident to update her on 8 August 2024, but there was no evidence the landlord contacted the resident again after that date until it emailed her on 26 September 2024. It apologised for the delayed response and told her its contractor said there was nothing it could do. The landlord asked if a different surveyor could attend and assess the windows on 1 October 2024.
It was reasonable for the landlord to update the resident and propose finding an alternative solution to the problem. However, the delays updating and responding to the resident were inappropriate.
There was a short delay of 6 working days between the landlord contacting the resident on 26 September 2024 until her email in response on 5 October 2024. In her email, the resident apologised for the delay and said this was because she had been ill. She confirmed she agreed to the landlord’s suggestion that a different surveyor should attend. She asked the landlord to arrange this for the next available appointment.
There was no evidence the landlord responded to the resident’s email or arranged a surveyor’s appointment until the resident contacted the landlord again on 27 January 2025. She said the windows were leaking when it rained, and not shutting securely. She told the landlord the flat was freezing during cold weather. She said she had reported the repair, and a contractor was attending on 7 February 2025. She asked the landlord if a surveyor could also attend on that date. The landlord agreed and arranged for a surveyor to attend on 7 February 2025.
It was inappropriate for the resident to wait 8 months for the landlord’s surveyor to inspect in order to progress the repair after its earlier inspection on 11 June 2024. The landlord failed to acknowledge this further delay in its stage 2 response, or offer compensation in recognition of the delay, in line with its compensation policy.
The landlord’s surveyor visited the property on 7 February 2025. The surveyor’s report said the windows were closing due to wind pressure as they had no support to keep them open. The surveyor said this would cause the windows to warp over time. He said it was already possible to see daylight through the gaps around one of the windows, and the water leaking though the windows indicated the windows were not closing as they should. He recommended replacing the windows to a model better suited to the property, as the current windows would warp if left as they were, because they had no support.
The surveyor carried out a Housing Health and Safety Rating System (HHSRS) risk assessment and recorded a category 2 risk of excess cold. He concluded that overall, the property was safe and habitable, but recommended extra strips were fitted to further seal around the windows until they were replaced.
The landlord’s records show draught excluding strips and sealant were fitted by the contractor as a temporary repair on 7 February 2025. The contractor’s records said that the measures were temporary and urgent renewal of the windows was required.
It was appropriate that the landlord conducted a risk assessment to determine whether the window problems were causing a health and safety risk at the property. It was also appropriate that it took action to address the risk by applying silicone and strips as a temporary measure to prevent draughts and leaks. However, the landlord did not suggest a lasting repair to the problems it identified, or confirm when it would replace the windows.
In its stage 2 complaint response, the landlord acknowledged its surveyor recommended replacing the windows. It said it implemented temporary repairs in the meantime. However, it said it could not confirm whether the resident’s property would be added to the window replacement programme, and gave no indication about when the windows would be replaced.
We recognise it can be reasonable for landlords to schedule major works such as window replacements in advance, and to have a programme of works so multiple properties can be renovated at the same time.
However, if a landlord decides to delay replacing windows so they can be replaced as part of major works, the landlord should consider whether the works will take place within a reasonable time. The landlord should provide the resident with its timescales for future works, and communicate regularly throughout.
In this case, the landlord should have told the resident when her windows were scheduled to be replaced, as both the surveyor and its contractor said the strips and silicone were a temporary repair. It was not reasonable to tell the resident in the stage 2 complaint response it did not know if the windows could be added to its window replacement programme, or when the windows were likely to be replaced.
Overall, there was severe maladministration in the landlord’s handling of the window repairs. There were several periods of delay, and although the landlord went some way to putting things right in its stage 2 complaint response by apologising, it did not properly apply its compensation policy to compensate the resident for all of the delays identified within this investigation. The resident had to contact the landlord on several occasions to progress the repair and ask for updates, and communication with the resident was poor. The landlord also failed to offer a lasting and effective solution to the window issues. Instead of offering a lasting repair, the landlord implemented a temporary repair and failed to confirm when it would replace the windows in line with its surveyor’s recommendation.
The landlord’s failure to address the window problems had a seriously detrimental impact on the resident. The resident reported on several occasions that the windows leaked when it rained. The resident said the draughts meant that the property was extremely cold in winter and the landlord confirmed there was a category 2 risk of excessive cold. In summer, the resident said she was unable to open her windows, which made the property uncomfortably hot. The impact of the extreme temperatures was increased because the resident lives at the property with her young child.
We have not assessed the landlord’s actions after the conclusion of the complaint, but we are aware that after the stage 2 complaint response, the landlord took further steps to repair the windows. The landlord told us it arranged for another window contractor to visit the property to investigate whether it could install a new winding system. The landlord said the new system installation was scheduled to take place on 15 August 2025. The resident has subsequently informed us that due to issues with the winders, the fitting has been rescheduled to take place on 23 September 2025.
In these circumstances, we have ordered the landlord to monitor the windows for 90 days following installation of the new winding mechanisms on 23 September 2025, to determine whether the works have resulted in a full, effective, and lasting repair to all windows at the property.
On conclusion of the 90 day period, the landlord must provide the Ombudsman and the resident with a surveyor’s report to confirm whether or not the installation of the new winding mechanisms has resulted in a full, effective, and lasting repair to all of the windows at the property, and effectively resolved the category 2 hazard of excessive cold.
If the surveyor concludes the installation of new winding mechanisms has resulted in a full, effective, and lasting repair to all of the windows at the property, the landlord must confirm this to the Ombudsman and the resident. It must also inform both parties of the anticipated date for renewal of the windows under its window replacement programme.
If the surveyor concludes the installation of the new winding mechanisms has not resulted in a full, effective and lasting repair to all of the windows, the landlord must provide the Ombudsman and the resident with evidence that it has begun to make arrangements to replace all of the windows without delay, by engaging a contractor and setting a date for the replacement works to take place.
Section 11 of the Landlord and Tenant Act 1985 does not require landlords to offer replacements or renewals unless that is the only way to offer a full, effective, and lasting repair. While it is reasonable for the landlord to complete temporary repairs until a capital works programme is underway in most cases, this case is different. The instance of a category 2 hazard (excessive cold), and the landlord’s previous attempts to temporarily resolve the issue without success, together with evidence the windows need renewal means the landlord must replace the windows if the repairs scheduled for 23 September 2025 are not effective. Our powers allow us to order a landlord to perform a contractual obligation (under paragraph 54.c of the Scheme) which would include offering replacement windows where repairs failed. We are making this order in this case as it is not appropriate to allow a hazard to continue in the property where we know there is a class of harm associated with it. Landlords are under a duty to ensure their homes do not cause injury or harm to the occupants.
The landlord previously offered compensation of £50 for poor communication, and £25 for the missed surveyor’s appointment. These sums were appropriate and in line with the landlord’s compensation policy. The landlord also offered £750 for distress and inconvenience. This was also in line with the range of awards set out in its compensation policy. It was appropriate that the award was at the upper end of the range, due to the fact the resident lived at the property with her young child, so the impact of the cold temperatures was likely to have been greater.
However, the landlord did not properly apply the section of its compensation policy relating to delay to repairs. This is because it did not take into account the full extent of the delay from December 2022 to October 2023, or the further delay to progress the repair between June 2024 and February 2025.
The landlord’s compensation policy says where it has delayed carrying out repairs for individual properties, £10-25 per week should be payable once a repair is outside of target. In light of the significant impact of the delay in this case, we consider that an award of £20 per week is appropriate. Applying this to the first period of delay, after allowing for 20 working days, compensation at £20 per week for 37 weeks gives a total of £740. For the second period of delay, after allowing for 20 working days, compensation of £20 per week for 30 weeks gives a total of £600. An order is set out below for the landlord to pay an increased total of £1,340 for delay in carrying out repairs, in accordance with its compensation policy. The total compensation payable by the landlord in respect of its handling of the resident’s reports of window repairs has therefore been increased to £2,165.
The resident also said she incurred increased heating costs, and she needed to run a dehumidifier at times during this period. This was due to draughts and leaks from the windows. It would be appropriate for the landlord to offer compensation for these additional costs in light of its delay in completing the repairs. An order is set out below for the landlord to request information from the resident about her increased costs and make an offer of compensation following receipt.

The landlord’s handling of the resident’s complaint

A landlord’s complaint handling should aim to resolve issues quickly, effectively, and fairly. Our Complaint Handling Code (the Code) sets out what good complaint handling looks like, and all landlords are expected to comply with this.
The landlord responded to the resident’s complaint at stage 1 within 9 working days. This was compliant with the Code, which required a landlord to issue a stage 1 response within 10 working days.
The landlord took 354 working days, from 11 October 2023 to 3 March 2025, to respond at stage 2 of the resident’s complaint. This was a delay of over 334 days in excess of the 20 day timescale required by the Code.
The resident contacted the landlord on 19 April 2024, 26 April 2024, 19 July 2024, and 27 January 2025 to ask for a response to her escalation request. The resident also contacted her MP in July 2024 to ask for her help to get a response from the landlord.
The landlord went some way to putting things right in the stage 2 complaint response when it apologised and offered compensation of £25 in recognition of the delay.
However, while it was appropriate to offer the resident compensation, the amount the landlord offered did not adequately reflect the long delay, or the additional time and effort by the resident to progress the complaint.
Overall, there was maladministration in the landlord’s complaint handling. We have ordered the landlord to apologise and pay the resident £250 compensation to recognise her distress and inconvenience and additional time and effort pursuing her complaint. This is in line with our remedies guidance which suggests awards between £100 to £600 are appropriate where there was a failure which adversely affected the resident, and the landlord made some attempt to put things right, but the offer was not proportionate to the failings identified.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of the resident’s reports of window repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s complaint.

Orders

Within 4 weeks of the date of this determination, the landlord must:
1. Provide the resident with an apology from its chief executive for the failings outlined in this report. The apology should be drafted in line with our apologies guidance. It must also send us a copy.
2. Pay the resident compensation of £2,415, made up of:
  1. £2,165 for the landlord’s handling of the window repairs, broken down as follows:

(1) £1,340 for delay to progress the repair between Dec 2022 and October 2023, and between June 2024 and February 2025.

(2) £50 for poor communication

(3) £25 for a missed surveyor’s appointment

(4) £750 for distress and inconvenience

£250 for the landlord’s handling of the resident’s complaint.

This award is inclusive of the compensation previously offered by the landlord, and therefore the landlord may deduct from this total any compensation that may already have been paid in relation to this complaint.

The landlord must provide us with proof of payment.

Contact the resident to request details of additional heating or electricity costs she incurred as a result of the draughts and leaks from the windows, and offer to compensate the resident for any additional costs. It must provide us with proof it has requested this information.

The landlord must monitor the windows for 90 days following installation of the winding mechanisms on 23 September 2025, to determine whether the works have resulted in a full, effective, and lasting repair to all windows at the property. On conclusion of the 90 day period, the landlord must:
1. Provide the Ombudsman and the resident with a surveyor’s report to determine whether or not the installation of the new winding mechanisms has resulted in a full, effective, and lasting repair to all the windows at the property.
2. If the surveyor concludes the installation of new winding mechanisms has resulted in a full, effective, and lasting repair to all of the windows at the property, the landlord must confirm this to the Ombudsman and the resident. It must also inform both parties of the anticipated date for renewal of the windows under its window replacement programme.
3. If the surveyor concludes the installation of the new winding mechanisms has not resulted in a full, effective and lasting repair to all of the windows, the landlord must provide the Ombudsman and the resident with evidence that it has begun to make arrangements to replace all of the windows at the property without delay, by engaging a contractor and setting a date for the replacement works to take place.