Peabody Trust (202332171)

Background

1. The resident is a tenant of the landlord. In August 2023, the resident asked the landlord when it would be carrying out cyclical external works to her property. The external works have not yet been completed.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Cyclical external works to the property.
   2. The associated complaint.

Our decision (determination)

3. There was no maladministration in the landlord’s handling of cyclical external works to the property.
4. The landlord made a reasonable offer of redress, which in our opinion, resolved the errors of the landlord’s handling of the associated complaint.

Summary of reasons

5. The landlord provided the resident with an approximate timescale of when it would complete the cyclical external works to the property. It also provided reasons referenced in its asset management strategy policy of why the external works had not been completed previously.
6. The landlord acknowledged that there was a delay in it acknowledging the resident’s request to escalate her complaint to stage 2 of its complaints process and apologised for this.

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.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our investigation

The complaint procedure

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.

11. The resident raised in her complaint that cyclical external works have been an outstanding issue since she moved into the property in 2015. We acknowledge the resident’s comments about the length of time the issue has been ongoing for. However, our scheme states we may not investigate complaints which were not referred to the landlord as a complaint within a reasonable time, which is normally 12 months from when the issue(s) occurred. However, we have seen no evidence the matter exhausted the landlord’s complaints procedure prior to November 2023. We have therefore not assessed the landlord’s handling of cyclical external works dating back 10 years. This investigation focuses on the landlord’s handling of the cyclical external works and the resident’s more recent reports 12 months leading up to her complaint in October 2023.
12. In August 2023, the resident contacted the landlord and asked it to confirm when it would be carrying out the cyclical external works to her property. She explained the date for the works had been changed multiple times. The landlord responded appropriately to the resident’s request by arranging an external survey of the property to assess its condition and determine when the works should take place.
13. The landlord completed the external inspection in September 2023 and following the inspection, the landlord explained to the resident in its stage 1 and stage 2 complaint responses that the external works were scheduled for renewal within the next 3 years. We understand this may be disappointing for the resident. However, landlords are entitled to carry out major works, such as external decoration and window or door replacements, as part of a planned programme within a financial year rather than on an ad hoc basis. This approach applies unless an item is beyond economic repair. Complex repairs can take time to organise, and this approach also ensures the landlord can plan its financial commitments in advance so it can manage its limited resources effectively.
14. The landlord acted reasonably by informing the resident she should continue to report any repair issues to its customers service team. It also explained generally its investment team aim to complete external works to a property within 10 years. However, it said this was dependent on the results of a stock condition survey. The landlord also explained in an email sent to the resident in November 2023 that there had been circumstances why the cyclical external works to her property had not been completed. It explained that planned major works were deferred due to the restrictions and resourcing issues as a result of Covid-19 and it experienced additional costs which meant that decorative works were not a priority. The landlord also stated it had to prioritise necessary works involving fire safety in response to regulations. These reasons were appropriate and were also set out in the landlord’s asset management strategy policy.
15. The resident has raised a repair issue to us about the stairs located outside her property. She explained the stairs are uneven but explained she had not reported this as a repair issue to the landlord. This occurred since the complaint exhausted the landlord’s complaint procedure. We have no power to investigate complaints which the landlord has not had the chance to put right first. There is no evidence the issue with the stairs exhausted the landlord’s complaints process. Therefore, we have no power to investigate. However, due to the stair issue being a potential trip hazard, we recommend the landlord carries out an inspection of the stairs and carry out repairs if necessary.
16. Overall, the landlord’s explanation as why the cyclical external works to the resident’s property were outstanding was reasonable. It also responded appropriately by confirming the external works would be completed within the next 3 years. The financial year of 2026-2027 will be the end of the 3-year time period. Therefore, we recommend the landlord keep the resident updated on when it plans to carry out the external works to the property.

17. The landlord’s complaints process has 2 stages. The timeframes in the landlord’s complaints policy are the same as the timescales referenced in the Ombudsman’s Complaint Handling Code (the Code) which sets out our expectations of landlords’ complaints processes. The Code states a stage 1 response must be sent within 10 working days from the complaint being logged, and a stage 2 response within 20 working days. The Code also states a complaint must be acknowledged within 5 working days of being received.
18. The resident submitted her initial complaint to the landlord on 4 October 2023. The landlord provided its stage 1 complaint response to the resident on 12 October 2023. The response was on time and compliant with the timescales referenced in the Code and the landlord’s complaints policy.
19. On 14 October 2023, the resident escalated her complaint to stage 2 of the landlord’s complaints process. The landlord acknowledged the resident’s complaint on 26 October 2023. The complaint acknowledgment was late and outside the 5 working day timescale referenced in the Code and the landlord’s complaints policy. The landlord then provided its stage 2 complaint response on 15 November 2023.
20. The landlord acknowledged in its stage 2 complaint response that there was a delay in acknowledging the resident’s escalation request and apologised for this. The apology was in line with the Ombudsman’s approach of non-financial remedies, which is set out in our remedies guidance (published on our website). The remedies guidance explains in some circumstances and apology is all that may be required. The apology proportionately reflects the impact of the delay on the resident and amounts to reasonable redress for this aspect of the complaint.

Learning

Knowledge information management (record keeping)

21. The landlord’s records were detailed enough for us to investigate the landlord’s overall handling of the complaint.

Communication

22. The landlord’s overall communication was adequate following the resident’s request for the landlord to confirm when the cyclical external works would be completed.