Onward Homes Limited (202013668)

REPORT

COMPLAINT 202013668

Onward Homes Limited

30 September 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:
   1. The landlord’s handling of repairs to the property’s gate following a burglary.
   2. The landlord’s response to the resident’s reports about her boiler.
   3. The landlord’s response to the resident’s request for additional security measures and a management move.
   4. The landlord’s response to the resident’s reports of damp in the property’s hallway.
   5. The landlord’s complaints handling.

Background

2. The resident occupies the property, which is a 3-bedroom house, under an assured tenancy agreement with the landlord.
3. The resident was the victim of 3 burglaries between 2020 and 2021. In March 2020, she reported to the landlord that her gate had been damaged during a burglary. Following a second burglary on 1 January 2021, the landlord changed the property’s locks and ordered additional security measures, including the installation of 2 security lights. Between February and March 2021, the resident also reported a reoccurring fault with her boiler, which was resolved on 14 April 2021.
4. The resident contacted this Service in April 2021 to complain that the landlord had failed to arrange a management move despite the risk to her and her family’s safety. She also complained that the landlord had only installed 1 security light and had failed to install bolts to the windows and doors, and a fire jacket to her mailbox. The resident reported that repairs were outstanding to her boiler and front gate, and that the landlord had failed to address damp in the hallway of her property. The Ombudsman asked the landlord to raise a formal complaint. In June 2021, the landlord authorised a management move for the resident and her family, having confirmed her reports of targeted criminal activity with the police.
5. In its complaint responses, the landlord accepted that there had been delays in completing the gate repair and in identifying and addressing a fault with the boiler. The landlord found no service failure in its handling of the resident’s request for a management move, as it was awaiting information from the police to carry out an assessment. The landlord confirmed that a security light had been installed at the resident’s property, following a delay due to access issues and rearranged appointments. The landlord acknowledged that the resident had reported damp in her hallway in February 2020 but stated that the repair was closed in March 2020 when its operative attended but could not gain access. The landlord arranged an inspection of the property and further works to address the damp were raised.
6. The landlord has offered the resident £270 compensation in recognition of the unreasonable delay in completing the gate repair and identifying the fault with her boiler. The resident has stated that this amount does not cover her loss of earnings for the dates of missed appointments, which she states totalled over £600. She has also requested compensation for the additional cost of heating her property while her boiler was awaiting repair and for any outstanding works to be completed.

Assessment and findings

Gate repairs

7. The landlord has accepted that it was responsible for repairs to the resident’s gate following criminal damage, which the resident first reported in March 2020. The resident chased the repair on 21 April 2020, as she had received an SMS message informing her that a contractor would attend the previous day. Given that the appointment was due to take place during the first lockdown imposed because of COVID-19, it was not unreasonable that it did not go ahead.
8. The job order was re-raised on 6 October 2020 and attended on 8 October 2020, although works were not completed on that date as the landlord was awaiting a crime reference number. The country re-entered lockdown in November 2020, affecting the availability of staff and resources, and the job was then re-raised on 8 March 2021. An appointment was attended on 30 April 2021, but follow-up works were required, and the gate repairs were eventually completed on 15 May 2021.
9. As lockdown measures were lifted for a period before October 2020 and given that the job did not require internal access, it may have been possible for the works to be completed sooner, although many landlords were working through a backlog of repairs at that time. It would, however, have been appropriate to contact the resident to provide an update on the repair, which the landlord failed to do.
10. Once restrictions were eased following the third lockdown, the landlord did make efforts to complete the repair, although it took longer than would normally be expected under its routine repairs timescale of 20 days. In the resident’s complaint escalation, she reported that the gate repairs were not effective. The landlord contacted the contractor, who confirmed that the gates had been fitted to open the opposite way, and that no further works were required.
11. The resident contacted the landlord stating that she expected contractors to attend on 27 August 2021, although there is no evidence in the landlord’s records that an appointment was scheduled for that day. The resident maintains that the gates have been fitted incorrectly and so it is recommended that the landlord contact her to discuss her ongoing concerns.
12. Whilst the Ombudsman appreciates the resident’s frustration at the length of time it took to complete the repairs, which were outstanding for over a year, this was largely due to the impact of the pandemic. Given the non-urgent nature of the repair, it was reasonable that the landlord did not prioritise these works, although its communication with the resident could have been better.
13. The landlord has offered the resident a total of £270 compensation, and its system notes confirm that £50 of this was offered in respect of the delay in completing the gate repairs. The Ombudsman considers that this is a reasonable sum in recognition of the period of avoidable delay and the landlord’s failure to update the resident on the status of the repair. It would not be fair to ask the landlord to compensate the resident for the entirety of the delay, as the effects of the COVID-19 pandemic were beyond its control.

Boiler repairs

14. Under the terms of the resident’s lease the landlord is responsible for the repair and maintenance of the property’s heating and hot water installations. According to the landlord’s Repairs Handbook, reports of no heating or hot water during the Winter, or a faulty boiler, will be classified as an emergency repair and attended within 4 hours. Heating repairs outside of Winter would be classed as urgent repairs and attended to within 5 working days. Other, routine repairs have a timescale of 20 working days. 
15. The resident reported issues with her boiler to the landlord on 21 and 25 February 2021, on 23 and 26 March 2021 and on 12 April 2021. On 21 February 2021, the landlord’s engineer attended and concluded that the boiler issues were related to a faulty light in the kitchen. He advised that provided the light remained off, the boiler was working normally. The landlord’s records do not contain details of when the faulty light was fixed, and it failed to respond to this aspect of the complaint during the complaints process. The landlord must ensure that adequate records are kept of all repairs raised and the action taken in response.
16. An engineer also attended on 25 February 2021 but noted that everything was working fine, and the property’s radiators were hot. An urgent repair was raised following the report on 23 March 2021. At the property’s annual gas service, a fault was identified, and parts ordered, although there is no evidence that this was followed up until a further report was made on 12 April 2021, which the landlord acknowledged in its stage 1 response. The Ombudsman notes that although the landlord provided temporary heaters to the resident, it did so only after the repair was re-raised on 12 April 2021, meaning that between 23 March 2021 and 13 April 2021, she was intermittently without adequate heating.
17. Before the fault was identified it was reasonable for the landlord to rely on the engineer’s reports that the system was working correctly. The landlord has acknowledged the inconvenience caused to the resident by the delay in resolving the fault and offered £220 compensation, which is more than the amount specified in its Interim Guidance on Goodwill Payments. The Ombudsman considers that this satisfactorily resolves this aspect of the complaint.
18. The resident also stated that she wished to claim compensation for the additional cost of heating the property with electric heaters whilst repairs were awaited. As no evidence of these costs was provided, it was reasonable that this was not included in the compensation offer, although the landlord could have invited the resident to submit further information.

Additional security measures and request for a management move

19. The landlord’s records indicate that the resident first requested a management move in January 2021, following a burglary in December 2020. Although the landlord’s stage 1 response stated that it had chased the police for information, no evidence of its contact with the police, or attempts to progress its assessment of the resident’s request, have been provided to this investigation. The first contemporaneous records of the landlord following up with the police are from June 2021 and the management move was approved on 22 June 2021. The landlord has not provided adequate evidence to explain the delay.
20. There is no evidence that an order was raised to install additional bolts at the resident’s property, or a fire blanket over her mailbox. The Ombudsman does not dispute the resident’s account of what was agreed, however, this Service can only rely on the documentary evidence provided by the parties when assessing whether the landlord’s actions were reasonable in the circumstances.
21. According to the landlord’s records, a job order was raised on 13 January 2021 to supply and install security lights to the front and rear of the property. An appointment was originally arranged for 10 February 2021 but later cancelled at the resident’s request and rearranged for 29 January 2021. On that date the resident reported that a joiner attended and sat outside the property in his van but drove away without completing the work. The landlord explained that the electrician who needed to accompany him on the job had called in sick and so the job was rebooked for 8 February 2021. The job was then cancelled at the resident’s request. There is no evidence that the landlord offered the resident any compensation for the failure to complete the appointment on 29 January however, which would have been appropriate.
22. The resident did not give the landlord an opportunity to complete the work, and so the Ombudsman does not consider that a finding of service failure or compensation for the initial delay is appropriate in the circumstances. Had the work been completed on 8 February 2021 as planned, this would have been within the target timeframe for completing a routine repair.
23. The repair was re-raised following contact from the resident on 3 March 2021. Works were carried out on 6 April 2021 but as follow-up works were required, the job was not completed until 29 April 2021. The landlord’s records also indicate that an appointment originally scheduled for 23 March 2021 had to be rescheduled Although the Ombudsman acknowledges the competing priority of repairs and the limits on the landlord’s resources, given that the purpose of the works was to improve security, it would have been reasonable for the landlord to ensure that the works were completed as quickly as possible.
24. The landlord has failed to explain why only 1 security light was fitted when the job order clearly states the supply of 2 lights. This, together with the failure to compensate for a missed appointment and the unexplained delay in assessing the resident’s request for a management move, amounts to service failure. The Ombudsman makes an additional award of compensation in line with the amounts set out in its Remedies Guidance, to reflect the inconvenience caused to the resident.

Damp in hallway

25. The landlord’s records show that a job was first raised to inspect damp in the resident’s hallway in February 2020, however, this was closed as the landlord was unable to gain access to inspect on 5 March 2020. The job was re-raised following contact from the resident in February 2021, however, the landlord attempted to reschedule an appointment originally booked for 8 February 2021, which the resident declined. As the resident did not allow the landlord an opportunity to complete the works at this time, the Ombudsman will not make a finding of service failure for the delays in completing the works during this period.
26. Following the formal complaint, the landlord acted appropriately by arranging an inspection, after which a works order was raised for replastering. The landlord’s operative attended on 8 June 2021, which was within the 20-working day target timescale. The resident was dissatisfied with the works and reported this to the landlord. The landlord agreed that its contractor had not completed the works to the agreed specification and the job was promptly recalled.
27. According to the landlord’s records, its contractor attended to complete further works on 28 June 2021 but could not gain access. The job was then re-raised on 1 September 2021, but no access was reported for an appointment on 8 October 2021. In November 2021 the resident reported to this Service that some replastering works remained outstanding. She has also noted that some appointments were missed as contractors were sending SMS messages to her landline number, which did not reach her.
28. Although the resident disputes that she failed to provide access for the appointment in March 2020, the Ombudsman must rely on the contemporaneous records provided by the landlord, which record “no access” on that date. The landlord did carry out works within a reasonable time following the inspection on 12 May 2021 and it followed up promptly with its contractor to arrange further works when the resident reported that the issue was not resolved. It appears that due to miscommunication, the works remain incomplete. As attempts were made to complete the work, the Ombudsman will not make a finding of service failure, but the landlord is urged to contact the resident to arrange completion of any outstanding works as soon as possible.

Complaints handling

29. When the resident first contacted this Service, she stated that the landlord had failed to respond to her complaint of 13 February 2021, however, no evidence of the original complaint has been provided to this Service. The landlord is reminded that all complaints should be logged and responded to in line with the timescales set out in its Complaints Policy.
30. The landlord’s review response failed to acknowledge the resident’s request for compensation for loss of earnings and additional heating costs. It also did not address the resident’s complaint that other security measures, including the installation of additional bolts and a fire blanket, were not completed. There was no investigation of the complaint raised in the resident’s escalation request that it took over 6 weeks to repair a faulty kitchen light. This increased the resident’s frustration, and the landlord missed an opportunity to resolve these aspects of the complaint as part of its internal complaints process. As the complaint responses did not address these issues the Ombudsman makes a finding of service failure in respect of the landlord’s complaints handling.
31. The resident has requested an increase in compensation to take account of loss of earnings, which she states were more than £600. As it is a condition of the resident’s tenancy agreement to provide access on reasonable notice, the landlord will not ordinarily be expected to compensate for loss of earnings. Standard rates for missed appointments may apply, in line with the landlord’s Compensation Policy. The resident has not provided any further evidence of her loss, or details of the dates the landlord failed to attend. It would not therefore be appropriate for the landlord to award the additional compensation requested.

Determination

32. In accordance with paragraph 55(b) of the Scheme, the Ombudsman considers that the landlord has made an offer of redress to the resident, which satisfactorily resolves the complaint about its handling of repairs to the property’s gate.
33. In accordance with paragraph 55(b) of the Scheme, the Ombudsman considers that the landlord has made an offer of redress to the resident, which satisfactorily resolves the complaint about its response to her reports of a faulty boiler.
34. In accordance with paragraph 54 of the Scheme, there was service failure in the landlord’s response to the resident’s request for a management move and additional security measures.
35. In accordance with paragraph 54 of the Scheme, there was no maladministration in the landlord’s handling of the resident’s reports of damp in her hallway.
36. In accordance with paragraph 54 of the Scheme, there was service failure in respect of the landlord’s complaints handling.

Orders

37. Within 28 days of the date of this report, the landlord must confirm to this Service that it has complied with the following Orders to:
    1. Pay the resident £150, in addition to the £270 compensation already offered, in recognition of the failings identified in its handling of her request for a management move and additional security measures.
    2. Pay the resident £50 compensation, in addition to the £270 compensation already offered, in recognition of the failings identified in respect of its complaints handling.
    3. Write to the resident to provide a response to her complaints that the landlord failed to install all agreed security measures and that it took an unreasonable length of time to repair her kitchen light.

Recommendations

38. It is recommended that the landlord:
    1. Review its record keeping policies and procedures to ensure that full and accurate records are kept of all repairs and communications with external agencies, and that these are available to be delivered up to the Ombudsman for the purpose of its investigations.
    2. Contact the resident to discuss her ongoing concerns about the operation of her front gate and arrange an inspection if necessary.
    3. Contact the resident to arrange completion of any outstanding replastering works to the property’s hallway.