Notting Hill Genesis (202439937)
|
Decision |
|
|
Case ID |
202439937 |
|
Decision type |
Investigation |
|
Landlord |
Notting Hill Genesis |
|
Landlord type |
Housing Association |
|
Occupancy |
Assured Tenancy |
|
Date |
6 February 2026 |
Background
- The resident complained about a leaking window in the bedroom. The landlord carried out multiple repairs over an extended period, but the window is still leaking. The resident was unhappy with the length of time taken and the ineffective repair.
What the complaint is about
- The landlords handling of:
- The repair to the bedroom window.
- The associated complaint.
Our decision (determination)
- There was maladministration in the landlord’s handling of:
- The repair to the bedroom window.
- The associated complaint.
We have made orders for the landlord to put things right.
Summary of reasons
- The resident reported a rotten window that leaks when it rains. The landlord did not communicate well which led to delays in the window being repaired. She reported issues with the window for over 2 years. It failed in its obligations to carry out adequate repairs, and the window is leaking again.
- The landlord did not follow the Housing Ombudsman’s Complaint Handling Code (the Code). It issued a “triage response” before providing stage 1 and stage 2 responses. The responses were very delayed, and it did not provide a copy of the resident’s stage 2 escalation request.
Putting things right
Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.
Orders
Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
|
Order |
What the landlord must do |
Due date |
|
1 |
Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
|
No later than 09 February 2026 |
|
2 |
Repairs Order The landlord’s contractor must complete an inspection of the window and instruct whether a repair or a replacement if needed. The landlord must clearly communicate to the resident whether it will repair or replace the window and provide a clear timescale for when works will be completed. The landlord must take all steps to ensure the window is repaired or replaced promptly and in any event by the due date. If the landlord cannot complete the works in this time, it must explain to us, by the due date:
|
No later than 20 March 2026 |
|
3 |
Compensation The landlord must pay the resident £1,200 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid. |
No later than 09 February 2026 |
|
4 |
Case Review The landlord must carry out a case review and produce a report. The report is to include the landlord’s learning from this complaint and any improvements it will make or has made to prevent similar delays to window repairs in future. It must provide a copy of this case review report to us. |
No later than 23 February 2026 |
Our investigation
The complaint procedure
|
Date |
What happened |
|
June 2024 |
The resident complained about the window in the bedroom. She said:
|
|
12 July 2024 |
The landlord responded at “triage stage” and it:
£200 for poor handling and delays in completing the repair. £50 right to repair policy.
|
|
30 October 2024 |
The landlord responded at stage 1 of its complaints process. It said:
The landlord offered compensation of £500:
|
|
15 November 2024 |
The landlord has not provided us with a copy of the resident’s stage 2 escalation request. In its stage 2 acknowledgement it said that the resident escalated her complaint on 15 November 2024. |
|
13 January 2025 |
The landlord responded at stage 2 of its complaints process. It said:
|
|
Referral to the Ombudsman |
The resident referred the case to us because the landlord did not replace the window on 13 January 2025 as agreed. It completed another repair on 7 March 2025. Despite that repair, the window still leaks. |
What we found and why
The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.
|
Complaint |
The repair to the bedroom window |
|
Finding |
Maladministration |
- The resident’s tenancy agreement requires the landlord to keep the structure and exterior of the home in good repair, this includes windows. The landlord’s repairs policy sets a 20-working day target to complete standard repairs. For improvements and replacements, it will communicate with the resident about a timeframe to complete the repair.
- The resident reported a leak from the bedroom window when it rained on 3 January 2023.The landlord attended but could not gain access on 23 January 2023. It booked a second appointment for 10 February 2023. On that visit it said the window was not rotten and arranged a further appointment to fix the tilt and turn mechanism. The contractor returned and said it needed to order parts, and it would take a long time because of the type of window. It also said the repair would require 2 people to complete. The landlord’s records say that the repair was completed on 16 June 2023 but does not say what works were carried out.
- The resident contacted the landlord again on 10 December 2023 and reported the window still leaked when it rained. A surveyor attended the property on 3 January 2024 and said that scaffolding would be required. Some repairs were completed on 21 April 2024, but this did not fix the leak from the window. Another surveyor attended on 21 June 2024. They reiterated the information given in the first visit. Although a timeframe is not mentioned in its policy 119 working days to assess the same repair and come to the same conclusion with no forward movement is not reasonable.
- The resident contacted the landlord on 24 June 2024 and 7 July 2024. She said the window had not been repaired on the previous visit. The landlord booked the window replacement for 13 January 2025. This was more than 2 years after the resident first reported the repair. The contractor did not attend the appointment on 13 January 2025. It carried out further inspections before completing the work. It completed a repair to the window on 7 March 2025 but did not replace the window. The resident noticed the window leaked again in December 2025, so the previous repair does not appear to have fixed the issue.
- Within its complaint responses the landlord apologised for the failings and offered compensation of £900 across 3 responses. That was in line with its compensation policy and our remedies guidance. However, it did not replace the window as it said it would, and it appears to be leaking again, so there cannot be reasonable redress.
- We have found maladministration in the landlord’s handling of the repair. The landlord has completed some repairs to the window, but these have not adequately fixed the leak. It did not follow the contractor’s recommendation to erect scaffolding, and it did not replace the window. The resident has endured nearly 3 years of inconvenience, time and trouble in trying to get the issue resolved. We order the landlord to pay compensation of £1,000 for the inconvenience, time and trouble this has caused the resident. This amount is inclusive of the £900 it has already offered.
|
Complaint |
The handling of the complaint |
|
Finding |
Maladministration |
- The Code, published on our website, sets out our expectations for landlords’ complaint handling. The Code states that landlords must acknowledge complaints within 5 working days. Landlords must respond to stage 1 complaints within 10 working days, and stage 2 complaints within 20 working days, of acknowledging the complaint. The Code states if landlords need more time to investigate a complaint, any extension must not exceed a further 10 working days at stage 1, or 20 working days, at stage 2.
- The landlord issued a “triage stage 1” response on 14 July 2024. The landlord did not comply with the Code as the response was not sent within 10 working days of the complaint being raised. It issued a stage 1 response on 30 October 2024. The Code requires a 2-stage complaint process; issuing two stage 1 responses for the same issue means the landlord did not follow the Code.
- The resident escalated the complaint on 15 November 2024 and the landlord’s stage 2 response is dated 13 January 2025. This means 39 working days elapsed between escalation and response. This was a failing as the response was outside of the timescales set out in the Code.
- We have found maladministration in the landlords handling of the complaint. The landlord’s responses were delayed, and it issued 3 responses. We order the landlord to pay compensation of £200 in recognition for the inconvenience, time and trouble this caused the resident.
Learning
- The landlord’s repairs policy does not set a timescale for complex repairs and instead says it will liaise with the resident. That absence of a clear deadline led to unnecessary and prolonged delays in resolving the leaking window.
Knowledge information management (record keeping)
- The landlord’s record keeping was not as detailed as it could be. The completion report said what work was required but not what work had been completed. This gap makes it difficult to verify whether the contractor carried out the agreed works.
Communication
- The landlord’s communication with the resident was poor. There were long delays in both carrying out the repair and handling the complaint. The resident was not kept updated about progress, reasons for delay or next steps.