Sanctuary Housing Association (202123697)

REPORT

COMPLAINT 202123697

Sanctuary Housing Association

31 August 2023

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

This complaint is about the landlord’s:
1. Handling of the resident’s reports of inadequate hot water to the shower.
2. Handling of repairs to the windows in the resident’s property.
3. Response to the resident’s reports that they had put door locks on.
4. Response to the resident’s reports of mismatched window handles in the communal area.
5. Response to the resident’s reports of open cables in a communal wall.
6. Complaint management.

Background and summary of events

The resident has held an assured tenancy with the landlord, a housing association, since 20 July 2021. The property is a one bedroom, first floor flat in a low level block. The resident is vulnerable and has informed the landlord that she has multiple health issues.

Relevant policies and procedures

Paragraph 2.1(e) of the tenancy agreement stipulates that “the landlord is responsible and shall maintain and where appropriate keep in proper working order:
1. The structure and outside of the property including the roof, outside walls, outside doors, window frames, windowsills, drains, gutters, external pipes and chimneys, but not including any garden fences, walls, gates or other boundary structures, driveways or paved areas;
2. Internal walls, floors and ceilings, major internal plasterwork, skirting boards, doors, doorframes and door jambs;
3. Installations for the supply of gas, electricity, water and sanitation including basins, sinks, baths and sanitary conveniences;
4. Heating and water heating equipment where provided by the Landlord;
5. Any communal areas including common entrance halls, stairways, lifts, passageways, rubbish chutes and other common parts including their electrical wiring”.
The landlord has three categories of repairs:
1. Emergency: Made safe in 24 hours.
2. Appointed: Carried out within 28 calendar days.
3. Planned: Carried out as a programme of works, might take longer than 28 days.
The landlord operates a two-stage complaints process. It aims to resolve stage one complaints within 10 working days and stage two complaints within 20 working days. Where these target times are not possible, the landlord will inform the resident and let them know when they will receive a response.

Summary of events

On 23 March 2021, a work order (1002058894) was raised for ‘routine – storage heater’, with the note, “living room storage heater has stopped working [sic]. Heater requires upgrading. A major revenue request will be sent over for approval”.
On 23 March 2021, a work order (1002058896) was raised for ‘routine window handle’, with the note “the handle of the window in the living room has come off”. The work was recorded as complete on 7 May 2021.
On 15 July 2021, a work order (1002234588) was raised for ‘heating’ with the note that “this work requires the replacement of the lounge dual supply storage heater as parts on both the On and Off peak sides have failed with parts for these heaters no longer available [sic] Current resident very unhappy with the heating in the property as a whole so therefore a proforma will now be issued as the resident does not want just one heater replaced”. The work was recorded as complete on 3 August 2021.
According to the landlord’s records, on 23 July 2021, the resident called the landlord to “discuss her boiler”. The resident was advised that she “needed to speak to repairs”.
On 25 July 2021, the resident emailed the landlord about a number of issues. In regard to the hot water, the resident said that she did not have “hot water in my taps but the radiator was burning like fire the whole heatwave”.
On 27 July 2021, the resident told the landlord that “the radiators only warms up after a day and takes a day to cool down because of the bricks [sic] do any of you think I have the money to warm up bricks or wait for a day for heating to cool down or get warm during the winter?”. The landlord said that the resident’s housing officer could advise on the storage heaters and “on the efficient ways to operate your heating system” and would ask the officer to contact the resident.
On 27 July 2021, the landlord told the resident that it understood, “the hot water isolation switch is now on, which will now provide you with adequate hot water”.
On 4 August 2021, a work order (1002263882) was raised for the ‘hot tap’, with the note, “please attend to the hot tap in the kitchen, tenant cannot turn this off, has had to isolate at the stop tap”. A further work order (1002266533) was issued on 6 August 2021, as the “same issue had re-occurred”.
On 9 August 2021, the landlord’s records state the resident called about an operative who visited her property and was “offensive and disrespectful”.
On 11 August 2021, the landlord’s records state that the resident emailed it “requesting an update” from the housing officer.
On 11 August 2021, a work order (1002272654) was raised, ‘302516510’, with the note, “called tenant to check works completed. Tenant advised works ongoing. Checked operatives notes, proforma was raised for replacement, emailed central admin. Also emailed housing as tenant said been trying to get in touch, but no calls returned”.
On 16 August 2021, an internal landlord email forwarded the following repair issues that had been reported by the resident. The email entitled, “3x report a repair (earliest 23 July), notes the following:
1. No hot water in the taps, only in the electric shower.
2. A “leak in toilet and mould in bathroom. No window in bathroom. Must leave light on all day to get ventilation through fan”.
3. “Missing window handle in lounge. Cannot open one window and kitchen window part rusted and only opens 25 percent”.
4. “Main entrance door to flats cannot lock and key safe is empty. Not safe as everyone is entering block as they wish”.
5. “The community area on my side is chaos. Walls full of damp with paint peeling off. Carpets are stained and dirty rotten window sills pulling away from wall. No cleaning has been done for a while. Not healthy for anyone”.
6. She could not find her smart meter.
7. “Garden gate and fence dilapidated and rusted hinges. Gate cannot close and anyone can enter garden. Not very safe. Fence being held up by pieces of wood and no garden area for upstairs tenants to use”.
8. “Flat is stinking of old cat urine through cement floor”.
9. “Down pips drains outside blocked with dirt and leaves. Gutter and drain cleaning might help with mould and damp issue in the building”.
10. The kitchen sink empties slowly and taps need new washers.
11. The bedroom light does not work properly.
12. There is no TV aerial for the block, preventing residents from receiving terrestrial channels.
On 16 August 2021, the following work orders were raised by the landlord:
1. 1002277875: ‘Immersion – no hot water’ (cancelled)
2. 102278268: ‘Intercom’ (completed: 27 August 2021)
3. 1002278287: ‘URG Bedroom light fitting’ (cancelled)
4. 1002278368: ‘Toilet leak/ tap washers’ (completed: 10 September 2021)
5. 1002278172: ‘Immersion – no hot water’ (completed [undated])
6. 1002278444: ‘Windows x 2’ (completed: 21 September 2021)
On 16 August 2021, the landlord provided an update on repairs to the resident, including:
1. Immersion/ no hot water (W/O: 1002278172): This was an emergency and a contractor would attend the next day.
2. Intercom (W/O: 102278268): This was scheduled for 27 August 2021.
In response to the update email, on 17 August 2021, the resident told the landlord that she now had hot water, “and my heating has to be on 24/7 for when I need it. The storage tank has got a drip in it, especially after showering and washing the dishes. That basically takes all the stored water and then it starts all over again. Sometimes all of the radiators work and sometimes not at all. It has a mind of its own”.
On 19 August 2021, a workorder (W/O: 1002282153) was raised for ‘storage heaters’ and noted as complete on 24 September 2021.
On 23 August 2021, the landlord’s records state that the resident informed it that her “shower is still luke warm with stinking draining pipes and the man who replaced boost button explained that the shower is electric and has nothing to do with the heating storage”.
On 24 August 2021, the landlord informed the resident that an appointment for the missing window handles was booked for 21 September 2021 (W/O: 1002278444.
On 26 August 2021, the landlord’s records note first work order raised for the electric shower (001002290448), with the following updates thereafter:
1. 26 August 2021, 12:02:42: “Contractor required as no cover in region for 1002290487”. [The repairs log notes this order was cancelled and subsequent entries regarding the shower are logged under order 1002290448].
2. 26 August 2021, 14:49:27: “Called through to Blue Square they have availability to attend this evening”. The repairs log includes the note, “please call en route/ OOH attendance after 5pm”. The status is recorded as ‘planning required’.
3. 27 August 2021, 13:15:04: “Tnt called to chase as she said no one has attended, I called [the contractor] [sic] who advised the op should have been there by now but she will call him and ring the tnt back”.
4. 27 August 2021,15:49:26: “Tnt called to chase – Called [contract], [who] advised it had ask op to call tnt , will call op and then call tnt straight back, If tnt has not heard back by 16.30 she will be calling us back”.
5. 1 September 2021,16:48:59: “Customer has reported she has heard nothing re shower OOH – emailed [contractor] as per their VM”.
6. 2 September 2021, 09:09:53: “Tnt emailed in on 30/08 to chase this. we had an email from [contractor] asking if we would like then to replace the shower but no quote. I have telephoned them this morning [they] will send over a quote today”.
7. 6 September 2021, 11:47:18: “Tenant emailed 30.08.21 chasing – have advised of new job raised to [contractor] – No EW quote received yet though. I have emailed tennt and apologised for delays. Soon as quote received, will need an escalated approval”.
8. 14 September 2021, 14.09.2021: “EW rec’d from [contractor] Product Description Cost VAT Cost 1 Replace a Triton T80Z fast fit shower £284.00 £56.80 £340.80 Total Cost £284.00 VAT£56.80 Total Inc VAT £340.80”. The repairs log included the note, “please attend as per quote”. The status is recorded as ‘cancelled’.
9. 5 October 2021, 17:26:50: [email from contractor] “We called the [resident] last week and she was very rude and hung up the phone. We called her back again and she said she wasn’t allowing anybody in to do any work as she is getting a solicitor involved to battle Sanctuary regarding damp and other things. As the occupant has refused access twice we have closed this job”.
10. 12 October 2021,11:15:18: “Cancelled – Progress Report: Occupant has refused access and advised they are taking legal action against Sanctuary – Job closed”.
On 1 September 2021, the landlord’s records state the resident emailed saying, “unfortunately, I need a new shower. I would really appreciate it if this could be asap please”. The email mentioned a number of further issues, including:
1. [An operative], “opened an electric chipboard panel by the main entrance, which he could not close due to breakage and just decided to leave it like that on the floor with open cables”.
2. “The cleaning lady decided she’s not cleaning again this week and the cold coming through the open window on top of the staircase is blowing underneath my door. You opened them all and took their handles off. Can we have them back, or do we not get a say in it?”
The resident submitted a formal complaint to the landlord on 7 September 2021. The resident said that she was a vulnerable adult with multiple physical and mental health problems and the problems at the property had left her “physically and mentally totally exhausted”. The resident said the resolution she was seeking was a move to the property [the local authority] “made her believe she was going to get” or a “move to one of your new builds” and a refund for her moving costs and materials she has had to use repairing the flat. The following issues were listed:
1. She would like her previous complaints dealt with under the same reference.
2. There had been “no adequate hot water in the shower since 21 July 2021”.
3. There was inadequate “flooring, concrete only and old stained dirty ripped lino cover in the kitchen”.
4. “Mould in the bathroom and water stains over most of the ceilings”.
5. “Windows without handles”.
6. “Inadequate decorating kit that is not enough to cover all surfaces”.
7. “Harassment by neighbours and their friend and a dog that barks during early hours of the mornings”.
8. “Gaping holes in the window sills and cold air blowing through them”.
9. “One tenant parks her car illegally and it is right under my windows-noise disturbance during most unsociable hours”.
10. “Slow draining drains”.
11. “Non-tenants that tries and enter the main entrance, banging on the door and forcing my neighbours to let them in”.
12. “Leaking pipes inside the property”.
13. “Paint peeling off walls and water stains of water running down the wall inside the communal area that is especially bad when it rains”.
14. “Blocked gutters and outside drains”.
15. “Lack of communication by housing agent”.
16. “Incompetent and unqualified workforce not relaying real correct problems to the landlord and not fixing things properly”.
17. “Total disregard to duty of care relating to my disability and mental health issues”.
18. “Inadequate notice periods”.
19. “False accusations”.
20. The landlord had “put door locks on, put mismatched window handles in the community area”.
21. Prior works had “left a gap in the wall with exposing cables by still not replacing the intercom”.
22. “Sent about 12 different people to my flat and only the taps are fixed after the third attempt”.
The landlord acknowledged the resident’s complaint on 8 September 2021.
On 8 September 2021, a landlord note stated, “Multiple issues note mail [sic]. Housing will pick up the ASB issues etc. Inspection requested and suggested joint visit with surveyor and housing officer x1 complaint already raised for damp and another for taps so these will be considered separately. Ack’d complaint”.
An internal landlord email on 8 September 2021, about the resident’s complaint:
1. Notes, “comments relating to allegations on the impact on health – please confirm if you are happy for us to handle as a complaint”.
2. States that “this is the third complaint raised [by the resident] in the last three months (damp and tap complaints already raised)”.
3. Asks if the landlord “is aware of any welfare issues with the resident? It is very apparent that she is deeply unhappy living at the property”.
4. Notes that “based on her concerns it may be an idea to have a surveyor and housing office visit her to discuss all of the concerns noted”.
Internal landlord email responses on the same day state:
1. The housing officer is dealing with the resident and has been in touch with her about ASB issues and escalated some repairs. The housing officer “is investigating the ASB as part of a wider ASB issue in partnership with the Police”.
2. The housing officer will be asked to contact the customer, but potentially a joint visit [with the surveyor] may be the best way forward”.
3. It understands that “CSC [customer service centre] can make regular welfare calls in such circumstances i.e. ASB, so “have copied CSEC [along] with CSC Wellbeing as the latter can monitor the repairs and keep the customer updated on progress”. The email asks if this “can be picked up please and welfare calls made regularly”.
A further landlord internal email on 8 September 2021, noted how the issues raised in the resident’s complaint would be addressed, including:
1. “No adequate hot water to shower with since 21 July 2021”: W/O:1002290448.
2. “Windows without handles”: W/O:1002278444 – “booked for 21/09”.
On 13 September 2021, a landlord internal email confirmed that in regard to the resident’s complaint, “this should be fine to continue as a complaint/repairs issue [sic] The alleged defect in question should be inspected/risk assessed as soon as possible (taking photos of its current condition if possible). If any hazards are found these should be made safe urgently. We would suggest that clear records are kept of any findings/actions taken in regards to the issue, so should a claim come in we have adequate information regarding the issue and actions taken”.
On 14 September 2021, the housing officer, in an internal landlord email, provided comment on the resident’s complaint. The responses did not relate to the issues covered by this investigation, but did cover the resolution sought be resident. The housing officer said, the resident needed to contact the local authority (LA), if the LA had promised her a different property. She had sent the resident a transfer application. The resident was advised there were currently no properties available and responded that “as we are getting her repair issues sorted and that we can resolve the issues with her neighbours she would remain at the property”. The resident was also advised that “the decoration voucher is only to assist with decorating costs”.
On 21 September 2021, a landlord note states:
1. “No hot water from shower (order: 001002290448) raised on 26 August 2021 [to contractor]. On 1 September, I can see that the tenant called to chase attendance. Extractor works received on 14 September 2021 and issued to contractor”.
2. “Windows without handles-Order 001002058896 raised on 23 March 2021 and attended to on 7 May 2021. Order 001002278444 raised on 18 August 2021 and booked for 21 September 2021”
3. “Inspection 001002317181 raised on 15 September 2021 for surveyor and Housing to attend to assess flooring, gaping holes in the window sills, leaking pipes inside the property, paint peeling off walls and water stains and blocked gutters and outside drains slow draining drains and I can see that this has been booked for tomorrow”.
4. “Ack email sent to tenant”.
On 21 September 2021, the landlord told the resident that it was looking into the issues and would respond within the next 10 working days. The resident replied the same day, asking for clarification as to which complaint the correspondence referred to, as she had made several complaints recently. The landlord replied on 23 September 2021, saying that the investigation was “in relation to the hot water from the shower, windows without handles , flooring, gaping holes in the window sills, leaking pipes inside the property, paint peeling off walls, water stains, blocked gutters and drains”.
On 22 September 2021, the landlord’s records state the resident emailed saying, “I am still waiting for yourself [housing officer] and the surveyor for my 10am appointment. I would have appreciated a courtesy phone call or mail if you were not able to attend” [sic] “the way [the landlord] is handling my case is quite unsettling and it is making me physically ill” [sic] “I will not accept any new meeting or appointments until I have acquired legal representation”.
On 24 September 2021, the surveyor filed ‘completion details’ of the inspection undertaken on 22 September 2021. This listed the works identified and said “the tenant also said she is waiting for her new shower to be fitted URGENT do we have update on this”.
On 29 September 2021, according to the landlord’s records, the housing officer emailed the resident to say that after the visit of the housing officer and surveyor repairs had been requested and that “repairs will be raising and booking these directly” with the resident. The following repairs were listed:
1. “An urgent update with regards to the new shower.
2. The external gutters and downpipes to be cleaned.
3. The lounge ceiling to be stain blocked and painted.
4. The threshold strip between the kitchen and lounge to be renewed.
5. The kitchen floor to be re-sealed round edges.
6. Fungi wash and stain block above heater in hallway.
7. Fill ceiling cracks in hallway.
8. Make good the wall to the right hand side of the front door. Replace architrave on right.
9. Remove timber plinth at the front of shower tray and replace with UPVC.
10. Install a full height shower door.
11. Renew inlet valve to toilet cistern and wash away mould.
12. Make good crack in bedroom door.
13. Seal around bedroom window.
14. Check immersion as water is luke warm.
On 6 October 2021, the landlord’s records show that the housing officer emailed the resident with information about how to apply for a housing transfer. The email states the officer does not have access to the ‘repairs screen’ and cannot authorise works, therefore it would be faster for the resident to email repairs directly. The email also seeks “to clarify” that “the visit on 22 September 2021 [sic] was to look at repairs” and “the visit on 20 September [sic] was dealing with your complaint regarding the operative”.
On 7 October 2021, a revised schedule of works was sent, which added additional repairs to those identified at the inspection on 22 September 2021.
On 13 October 2021, the landlord emailed the resident saying it understood a surveyor and housing officer attended the property on 22 September 2021. Following the inspection, “the required works have been sent to the relevant team for approval”. It had requested the team provide “urgent approval” and once it had an update it would provide a complaint response.
On 25 October 2021, the landlord’s records show the housing officer emailed the resident. Included in the email is note that “the Complaints department have advised that you have stated that I am not responding to your emails that have been sent in. I haven’t responded to the ones that I have been copied into that are regarding your complaints or repairs as I am not dealing with these and have left them to the relevant department to respond”.
On 26 October 2021, the resident submitted a report to the police about an alleged incident involving a staff member on 22 September 2021. In her report the resident said she had reported the incident to the landlord and it had asked her if she wanted to report it to the police.
On 31 October 2021, a landlord note states “email received from Major Rev confirming that order 1002369070 has been raised. Response to FLR emailed to tenant”.
The landlord provided a stage one response on 31 October 2021, noting:
1. The resident contacted the landlord on 26 August 2021, to report that there was no hot water in the shower. A contractor attended and the landlord received a quote for the works required on 14 September 2021. This was “passed to the contractors for the works to commence”.
2. The resident contacted the landlord about the windows without handles on 23 March 2021. It was arranged for the landlord to attend on 7 May 2021. “It appears that on 18 August 2021, you contacted us again to report the matter and accordingly it was arranged for Property Services to attend on 21 September 2021”.
3. A surveyor and housing officer inspected the property on 22 September 2021 to “assess flooring, gaping holes in the window sills, leaking pipes inside the property, paint peeling off walls and water stains and blocked gutters and outside drains slowing draining”. “Following their attendance [sic] the recommended works were forwarded to the relevant team for approval”. The works were approved on 14 October 2021 and have been issued to the contractors. The contractors will contact the resident direct to arrange the appointment.
4. “The length of time taken to complete these repairs and the action that was taken to keep [the resident] informed was longer than expected”.
5. The landlord offered the resident £150 for “time, trouble and inconvenience” and £25 for the delay in responding to the complaint.
On 2 November 2021, the resident emailed the landlord, asking for her complaint to be considered at stage two of the process, noting:
1. The stage one investigation contained inaccuracies. The lack of hot water was reported on 26 July 2021, not 26 August 2021.
2. The resident was not living in the property on 23 March 2021, when the landlord said the issue with the window handles was reported. She did report it again and the landlord attended. “The one window in the kitchen got new screws and WD40. This window is on the front of the property in the lounge. It was glued shut and it had to be forced open [sic]”. The resident was told that it was an “emergency exit” window and was showed “how to open the metal hinges from the inside and did not put a handle on it”.
3. The work regarding the shower was approved before 14 October 2021. The contractor had not visited the property and the resident had not been contacted regarding repair work.
4. She had spent money on the flat and would like to accept the compensation.
On 4 November 2021, a landlord note states “Ref to the shower, I can see from the notes on SAP that the tenant refused access to [contractor]. In regards to the window, I have emailed FLR team to arrange a repair for this. In regard to her comments about the bathroom window, I have emailed [staff member].”
On 4 November 2021, the landlord told the resident that in regard to the shower, the contractor had said the resident refused access. In regard to the window handle, it had requested a repair be arranged. It said that if the resident accepted the compensation offer, the complaint could not proceed to stage two of the complaints process.
On 8 November 2021, the resident told the landlord that:
1. She had asked the contractor not to attend the property when it called. This was because she felt, “insulted, belittled and had unexpected visits” by the contractor. On a previous visit an operator had been rude and the resident felt “attacked”. She had mentioned the incident to the landlord, “but because I did not make a formal complaint [sic] my ordeal was ignored”.
2. The contractor did call, but the resident felt “drained”, as so many operatives had attended the flat, “only to not fix things”. The resident had emailed the landlord the same day to explain and said that she would be in contact again about the shower. Five days later the resident emailed to ask the landlord to continue fixing the shower. The resident did not understand why if, according to the landlord the work was approved on 14 September 2021, the landlord only visited on 24 September 2021 and why the repairs had not been started.
3. She did not understand “why you would send someone to fix the window again if [the landlord] could not do it properly in the first place. What was another visit [from the landlord] going to change”.
4. She would like the complaint to proceed to stage two.
On 11 November 2021, a landlord internal email sought to establish what aspects of the resident’s complaint dated 8 September 2021, were being dealt with by other ongoing complaints investigations. The response said that with the exception of the issue of the hot water to the shower and windows without handles, the other repairs issues “mostly relate the damp/mould issues she raised”.
On 11 November 2021, the landlord confirmed to the resident that it was investigating her complaint under stage two of its complaint process and aimed to complete this no later than 8 December 2021. It asked for clarification about “the exact windows that are without handles” and “what it had put door locks on”. It also listed how the resident’s complaints were being investigated:
1. The issues being examined in the stage two investigation (ref: 8000504351):
  1. No adequate hot water to your shower since 21 July 2021.
  2. Windows without handles.
  3. You have put door locks on.
  4. Mismatched window handles in the community area.
  5. Left a gap in the wall with exposing cables by not replacing your intercom.
2. A separate investigation (ref: 8000485807) was examining the following:
  1. No adequate flooring, concrete only and old stained dirty ripped lino cover in the kitchen.
  2. Mould in the bathroom and water stains over most of the ceilings.
  3. Inadequate decorating kit that is not enough to cover all surfaces.
  4. Gaping holes in the window sills and cold air blowing through them.
  5. Slow draining drains.
  6. Leaking pipes inside the property.
  1. Paint peeling off walls and water stains of water running down the wall inside the communal area that is especially bad when it rains.
  2. Blocked gutters and outside drains.
  3. Inadequate notice periods.
3. The housing officer was dealing with the following issues:
  1. Harassment by neighbours and their friend and a dog that barks during early hours of the mornings.
  2. One tenant parks her car illegally and it is right under my windows-noise disturbance during most unsociable hours.
  3. Non-tenants that tries and enter the main entrance, banging on the door and forcing my neighbours to let them in.
  4. Lack of communication by housing agent.
  5. False accusations.
The resident emailed the landlord the same day to say that she had received a call from the landlord, “about a job on 21 August that was done by [the contractor], [the landlord] did not mention what it was for”. The landlord “made a call [to the contractor] and said the work was reported as complete. I denied this as I did not get details”. The resident went on to request that all future communications be by letter or email and stated that she would “only accept phone calls from repairs if it is an emergency I reported”. The landlord had ”only caused me emotional and physical pain and aggravated [the resident’s] mental health”.
On 15 November 2021, the resident emailed the landlord asking why it was “changing a complaints procedure” and why it was “mixing together complaints that have been reported since 26 July 2021”. The resident said that she felt she had provided enough clarification and restated her previous request that communication be via email or letter and telephone calls be used only for emergency repairs and for this information to be communicated in writing too.
On 24 November 2021, an internal landlord emailed sought to establish what was happening with two repairs that were raised in August, “but yet to have dates arranged”:
1. “Repair : 001002278268 : INTERCOM
2. Repair : 001002278444 : WINDOWS X 2”
A further landlord email on 24 November 2021, asked for the communal area of the block to be checked to ascertain:
1. If there were any areas in the communal area that were showing open cables?
2. If the window handles had been replaced (as the resident said they were mismatched?
The landlord visited the communal area on 25 November 2021 the window hinge was bent, which the housing officer had “emailed ‘csc England requests’ regarding this a few weeks ago”. The window was open, but had a handle and the officer closed it”. Exposed cables were photographed and the housing officer said that she would “email repairs”.
On 30 November 2021, the landlord provided a stage two response, noting:
1. It was sorry for the delay in providing a stage one response.
2. “There has been some confusion in the recording of [the resident’s] complaints as your correspondence can cover a range of concerns. The following items, although covered in the stage one response, were subsequently dealt with under a separate complaint (8000495807):
  1. No adequate flooring, concrete only and old stained dirty ripped lino cover in the kitchen.
  2. Mould in the bathroom and water stains over most of the ceilings.
  3. Inadequate decorating kit that is not enough to cover all surfaces.
  4. Gaping holes in the window sills and cold air blowing through them.
  5. Slow draining drains.
  6. Leaking pipes inside the property.
  7. Paint peeling off walls and water stains of water running down the wall inside the communal area that is especially bad when it rains.
  8. Blocked gutters and outside drains.
  9. Inadequate notice periods.
3. The resident informed it about an issue with the hot water on 26 August 2021. An inspection took place the following day that identified that a new shower was required. The contractor said on 5 October 2021 that it had contacted the resident twice. The first time the resident hung up and the second time the resident refused the works. The work order was then closed. If the resident still required the works, she should contact the landlord.
4. The resident reported windows without handles on 23 March 2021. An appointment was arranged for 7 May 2021. The resident contacted the landlord about the same issue on 17 August 2021. The landlord attended the property on 21 September 2021 and an overhaul of three windows was completed.
5. The landlord was unclear what door locks were put on by the resident and where. On 11 November 2021, it had asked for clarification but had yet to receive further information.
6. Although like for like replacements are usually made, on this occasion it was not possible to match the window handles in the communal areas. Although not as aesthetically pleasing, they will still work.
7. The landlord is unable to monitor the opening and closing of windows in the communal area. When the cleaner has left the building, the resident is free to close the windows if the cold landing is affecting her property.
8. It was unable to find a record of resident reporting an issue with a gap in the wall and it therefore visited the communal area to locate the issue. It noticed a section removed for access to electrical cables and raised a repair to re-board this. The landlord thanked the resident for bringing this to its attention. If there the resident still had an issue with the intercom she could report it to the landlord.
9. It did not uphold the resident’s complaint regarding the repairs. The £175 “goodwill offer”, made in the stage one response for the delay in responding to the resident’s complaint remained.

Events post-completion of the ICP”

On 14 December 2021, the repairs log for the property notes a works order, “to attend lounge window as handle missing”. This would completed on 14 January 2022, with the note, “no handles missing windows work as should”.
On 27 January 2022, the resident told this Service that they remained unhappy with the landlord’s final complaint response and stated that “the windows once opened, are difficult to reach and close”.

Assessment and findings

Handling of the resident’s reports of inadequate hot water to the shower

There is disagreement as to when the issue with the hot water commenced. The resident says that she had experienced the issue since, 21 July 2021 and reported it on 23 July 2021. The landlord says the issue was reported to it on, 23 August 2021.
It is not possible for this investigation to state definitively when the issue began and when it was reported. The landlord’s records show that the resident contacted it on 23 July 2021, regarding the boiler at the property. A note indicates the resident was told to contact ‘repairs’, however no detail is recorded. Between 23 July 2021 and 16 August 2021, the resident contacted the landlord on multiple occasions, regarding a range of issues. This included issues with the heating system and the hot water taps in the kitchen. The first reference to the shower in the landlord’s records is on 23 August 2021, when the resident informed it that “the shower is still lukewarm”. Accurate recordkeeping and management is essential for a landlord to fulfil its maintenance obligations. The landlord did keep records, however they were of inconsistent quality and some entries lacked enough detail to support the efficient resolution of issues. It is important that repairs logs and customer contact records provide meaningful information, rather than just evidencing the time of interaction with a resident.
The process of diagnosing the issue and obtaining a quote for the work required was slow and convoluted. The resident told the landlord about the issue on 23 August 2021, but a work order was not raised until 26 August 2021. When the order was raised, the landlord acted correctly in arranging an emergency visit, however it is unclear from the repairs log when the contractor attended. The repairs log records five instances of the resident chasing information regarding the repair. After contact from the resident on 30 August 2021, the landlord chased the contractor for the quote it had promised to send previously. This arrived on 14 September 2021 and the repairs log notes that it “will need to escalate for approval”.
The next entry in the repairs log was on 5 October 2021, in the form of an email from the contractor that said it had contacted the resident twice the previous week, but she had been rude and refused the call or hung up. An entry on 12 October 2021, records the job as ‘cancelled’. The landlord explained that its practice was to make two attempts at contacting a resident to gain access and then close the job. Although the landlord might not have been in breach of its policy, its attitude lacked empathy and understanding. The resident was vulnerable and had multiple health issues. It would have been good practice for the landlord to have intervened after the contractor had informed it about the access issues and try to facilitate the work, rather than cancelling the call.
The landlord’s communication about the status of the work was inadequate and despite the repairs log entry on 12 October 2021, stating that the work had been cancelled, the landlord did not inform the resident of this until it issued its stage two response on 30 November 2021.
Taking all factors into consideration, there was service failure in regard to the landlord’s handling of the resident’s reports of inadequate hot water to the shower in the property.

Handling of repairs to the windows in the resident’s property

The landlord failed to repair the window handles within its target timeline. The resident reported the issue on 16 August 2021, a work order was raised on 21 August 2021 and the work was recorded as complete on 21 September 2021. The repair therefore took 11 days longer than the landlord’s target of 28 calendar days.
Taking all factors into consideration, there was service failure in regard to the landlord’s handling of repairs to the windows in the resident’s property.

Response to the resident’s reports that they put door locks on

The resident said in her stage one complaint submitted on 7 September 2021, that the landlord “had put door locks on”. On 11 November 2021, the landlord sought clarification as to what the resident was referring to. The delay in responding to the complaint is dealt with below, as part of the assessment of the landlord’s complaint management. In regards to the landlord’s response to the report, without sufficient information to identify if an issue exists the landlord cannot be expected to action a repair.
Taking all factors into consideration, there no maladministration in regard to the landlord’s response to the resident’s reports that they had put door locks on.

Response to the resident’s reports of mismatched window handles in the communal area.

The resident said in her stage one complaint submitted on 7 September 2021, that the landlord “had put mismatched window handles in communal areas”. The landlord declined to alter this as although the mismatched handles were “not as aesthetically pleasing, they still work”. The landlord acted reasonably in declining to alter the handles. The landlord’s repair obligation was to ensure the window handles functioned correctly, not to ensure that they matched.
Taking all factors into consideration, there was no maladministration in regard to the landlord’s response to the resident’s reports of mismatched window handles in the communal area.

Response to the resident’s reports of open cables in a communal wall

The landlord responded too slowly to the resident’s report that there were open cables in the communal area. It was informed by the resident about the “open cables” on 1 September 2021 and 7 September 2021. The landlord did not investigate until 86 days later, on 25 November 2021. Prior to investigation, it would have been unclear as to the health and safety risk presented by the cables. The landlord should have acted much sooner than it did.
When the landlord did check the communal area on 25 November 2021, it found a “section removed for access to electrical cables” and the landlord “requested a repair to reboard this access point”. It is not clear from the evidence seen by this investigation on what date the repair was actioned.
Taking all factors into consideration, there was service failure in regard to the landlord’s response to the reports of exposed cables in a communal wall.

Complaint management

The resident submitted a stage one complaint on 7 September 2021. The landlord’s response on 31 October 2021, was inadequate for the following reasons:
1. It did not address the majority of issues raised by the resident and did not provide an explanation as to why issues were omitted from the response (for example, if they were being dealt with as part of a separate ongoing complaint).
2. As the majority of issues were omitted, it could not affect lasting and enduring solutions for these.
3. The information regarding the repair to the hot water supply to the shower was out of date. The response said that the work had been “passed to contractors to commence”, however the repairs log shows that the job was cancelled on 12 October 2021. The resident therefore believed incorrectly that the work was proceeding.
4. The response exceeded the landlord’s target response time by 29 days. It did not communicate effectively with the resident regarding the delay and did not provide accurate information about when she would receive a response.
It is not clear that the landlord acted on its concerns about the resident. A landlord internal email on 8 September 2021, noted that “it is apparent that [the resident] is deeply unhappy living at the property” and asked “ if anyone was “aware of any welfare issues with the resident?” The email response asks if “welfare calls can be made regularly”. From the information seen by this investigation it is unclear if, and how this was progressed.
The internal email also noted that “this was the third complaint raised by the resident in the last three months”. The resident had told the landlord that she was struggling to deal with the volume of issues at the property and the amount of work people in attendance. Given the volume of issues, it could have been beneficial for both the landlord and the resident, had the landlord considered if there was a more efficient way to manage the complaints. Instead, it embarked on the stage one complaint investigation without reference to other issues and complaints. It was not until after the resident had requested that her complaint be escalated, that the landlord set out how the various issues she had reported were being dealt with and, in an email to the resident on 11 November 2021, identified 20 separate (open) issues that the resident had raised with it. This should have been done, prior to and within the stage one response.
The landlord acted correctly in organising a joint inspection by the housing officer and surveyor in order for the resident to raise her concerns. However, the landlord could also have looked at how to effectively manage the work arising from survey. The complaint response and subsequent survey offered potential, but ultimately missed, opportunities for the landlord to rebuild its relationship with the resident.
The handling of the resident’s stage one complaint was poorly coordinated and confusing. As a result, its stage two response, the landlord set out nine issues that although covered in its stage one response that were subsequently dealt with under a separate complaint.
Despite the clear failings with the first investigation, the stage two response failed to demonstrate that it had properly investigated the complaint handling in stage one. The stage two response said that there had been “some confusion in the recording of [the resident’s] complaints as your correspondence can cover a range of concerns”. In effect, blaming the resident for the landlord’s failure to look at her concerns in their totality and establish how they were being handled, prior to commencing the stage one investigation and response.
The stage two response was the first occasion, seen by this investigation that the landlord informed the resident that the order to replace the shower had been cancelled. The resident had told the landlord on 8 November 2021 that she did not understand why, if the works were approved on 14 September 2021, they had yet to start. As before, the landlord’s complaint response failed to demonstrate empathy and understanding for the resident’s situation. It did not address the issues the resident had raised with contractors, or the fact that she felt “drained” by so many operatives attending, “only to not fix things”. Instead, it informed the resident that the job was cancelled some time ago and said that she should contact the landlord if the work was still required.
The landlord’s compensation offer was inadequate. The stage two response, explained that the compensation offered at stage one (£150 for the repairs delays and £25 for the complaint response delay) would not be increased. It said that £150 was offered for the delay in works, which were actually investigated within a different complaint. It said that it had “acted appropriately in attempting to resolve [the resident’s] repairs and therefore this part of your complaint is not upheld. However, the goodwill offer of £175 offered [at stage one] will remain to apologise for the impact caused by the delay in your complaint being acknowledged and responded to and the time and trouble in reporting the exposed cables within your communal area”. The landlord’s rationale for and communications about the compensation figure was therefore unclear.
Taking all factors into consideration, there was maladministration in regard to the landlord’s complaint management.

Determination (decision)

In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the resident’s reports of inadequate hot water to the shower.
In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of repairs to the windows in the resident’s property.
In accordance with paragraph 52 of the Scheme, there was no maladministration in the landlord’s response to the resident’s reports that they had put door locks on
In accordance with paragraph 52 of the Scheme, there was no maladministration in response to the resident’s reports of mismatched window handles in the communal area.
In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s response to the resident’s reports of open cables in a communal wall.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s complaint management.

Reasons

The process of diagnosing and obtaining a quote for the shower repair and replacement was slow and convoluted.
The process of authorising and approving remedial work added further delay.
The landlord did not tell the resident that the work order to replace the shower had been cancelled until it issued its stage two complaint response.
The landlord failed to repair the handles in the resident’s property within its target timeframe for repairs.
The landlord was too slow to check the resident’s reports of open cabling in the communal area.
The landlord’s stage one complaint response was slow and incomplete.
The landlord’s stage two response failed to demonstrate that it had investigated the complaint handling failures during stage one.
The landlord’s complaint responses lacked empathy and understanding for the resident’s vulnerabilities and her situation.

Orders and recommendations

Within four weeks of the date of this report, the landlord is ordered to:
1. Apologise to the resident.
2. Pay the resident £500 compensation in total. This includes £250 for the time and trouble and £250 for the distress and inconvenience caused to the resident. The payment should be made to the resident’s bank account and not to her rent account.
Within two months of the date of this report, the landlord should review this case and write to this Service setting out the measures it will implement, and the associated timeframes, in order to effectively manage instances where residents have more than one complaint within its internal complaints process (ICP). This should specify how the landlord will ensure:
1. Complaints are not handled in isolation and that there is appropriate oversight to ensure issues are neither overlooked nor replicated.
2. Effective and timely communication with the resident, so that the resident is updated, but not overwhelmed with correspondence.
3. The ICP contributes to the rebuilding of the relationship between landlord and resident.
4. There is appropriate oversight where multiple works are required, so that any requirement to obtain spending approval does not delay repair or replacement work taking place.