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Sanctuary Housing Association (202327534)

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REPORT

COMPLAINT 202327534

Sanctuary Housing Association

18 February 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

  1. The complaint is about the landlord’s handling of:
    1. The installation of loft insulation and the resident’s request for a new front and back door.
    2. The associated complaint.

Background

  1. The resident is an assured tenant of the landlord. The resident has limited mobility, which the landlord is aware of.
  2. On 7 December 2022, the resident reported issues with her front and back doors and stated that they were very draughty.
  3. On 7 September 2023, the resident submitted a complaint to the landlord. She explained the landlord had booked an appointment for the insulation in her loft to be removed. However, it could not provide her with a timescale for when the new insulation would be fitted, and the resident raised concerns about this. She explained she had mobility issues and was receiving benefits because of this and was concerned that she could potentially be left with high energy bills due to a lack of insulation.
  4. On 12 September 2023, the landlord’s contractor removed contaminated loft insulation from the resident’s loft. The loft insulation was contaminated with rat droppings because of a previous rat issue.
  5. On 4 October 2023, the resident emailed the landlord about the repair issues with her front and back door. She explained she was previously told by the landlord’s operative during a visit that the doors required replacing because the doors had dropped and did not fit the door frame correctly. However, she stated the landlord had recently confirmed that it would not be replacing the doors.
  6. The landlord provided its stage 1 complaint response to the resident on 18 October 2023. The landlord apologised its contractor could not install new insulation in the loft when it removed the contaminated insulation. It explained the earliest date available to install the loft insulation was 5 January 2024. The landlord acknowledged that this was a long wait and confirmed it had requested for the resident to be placed on the cancellation list, and it would notify her if an earlier date became available. In relation to the resident’s front and back door, the landlord explained that its maintenance team had previously inspected the doors on 3 separate occasions to assess and fix any draughts. The landlord stated the notes from the last visit confirmed that the doors were of good standard and did not require replacing, and the operative had fitted a draught excluder. The landlord offered the resident £125 compensation to recognise its delays in replacing the loft insulation.
  7. On 26 October 2023, the resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. She explained she was struggling to manage her increased energy bills and stated she had to keep her heat on twice a day to prevent damp from forming. The resident stated the landlord was putting her health at risk. She also explained as a result of the landlord’s contractor removing the old loft insulation, damage had been caused, including multiple cracks on the ceilings. The resident stated she hoped the damage would be resolved after the installation of the loft insulation, in case there was further damage during the fitting of the new insulation.
  8. On 31 October 2023, the landlord sent an acknowledgement email to the resident confirming it had escalated her complaint to stage 2. It confirmed it would provide her with a stage 2 complaint response no later than 23 November 2023.
  9. The landlord provided its stage 2 complaint response to the resident on 8 December 2023. The landlord explained it could bring forward the original appointment for the installation of the loft insulation forward to 18 December 2023. It also confirmed that it would attend to the mould on the bathroom ceiling on this date. The landlord explained following her complaint submission it had arranged a new appointment for the inspection of her doors, but its operative did not attend the appointment. The landlord apologised for this and confirmed that its trade supervisor would review the photographs of the door she sent it and provide her with an update. The landlord offered the resident £450 compensation, which included £375 for its delays in replacing the loft insulation and £75 for complaint handling delays.
  10. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated her desired outcome was to receive additional compensation for increased energy usage and for her front and back doors to be replaced.
  11. On 18 January 2024, the landlord provided a further complaint response letter. It confirmed loft insulation was recently installed, and a mould wash also completed. The landlord explained it had arranged the bedroom ceiling to be plastered on 25 January 2024. It had asked its operative if they could look at cleaning or painting the ladder scuff marks on the walls. The landlord stated that it had arranged a second opinion on the doors on the same date that the plasterer was due to attend. The landlord acknowledged that there had been further delays and inconvenience since it provided its stage 2 complaint response, therefore it offered an increased offer of compensation. The landlord offered the resident £850, which included £300 for the delays and inconvenience of the installation of the loft insulation, £100 for complaint handling delays, £100 for loss of enjoyment of her home. In addition, £200 contribution towards the resident’s heating costs and £150 for the damaged aerial and outstanding plastering works.
  12. On 8 March 2024, the landlord emailed the resident and apologised for the delays with the door repairs appointment. Due to the delay, it increased her resident’s compensation offer by £100, which resulted in a total compensation offer of £950. The landlord also asked if the resident could contact her energy provider to request a comparison of her bills and then provide it with the evidence of the increase for it to review.

Assessment and findings

Scope of investigation

  1. The resident has mentioned as part of the complaint that due to the landlord’s delay in replacing the loft insulation she was living in a cold property, and this had impacted her health physical and mental health. The resident also stated that she had a chest infection due to living in the cold property. We acknowledge the resident’s concerns. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s health. It would be more appropriately suited for a court or liability insurer to investigate this as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that a cold property can pose a significant health risk. This service can consider the general risk, and distress and inconvenience caused by any errors by the landlord as well as the landlord’s response to the resident’s concerns about her health.

Policies and Procedures

  1. The landlord’s repairs handbook explains that the landlord is responsible for repairing the structure of a resident’s property and items inside. The handbook also confirms that the landlord is responsible for door repairs.
  2. The repairs handbook also includes information on the landlord’s repairs timescales. It states that the landlord will respond to an emergency repair within 24 hours, and a routine repair within 28 days. It also explains for planned repairs, it will work with the resident to agree a date.

The installation of loft insulation and the resident’s request for a new front and back door

  1. In December 2022, the resident contacted the landlord and report that her front and back doors were draughty. Following the resident’s initial report about the doors, the landlord arranged for its repairs operative to attend the resident’s property on 19 January 2023 to inspect the doors and complete repairs to the door to help prevent draughts coming into the property. The landlord responded appropriately to the resident’s initial report about the doors within a reasonable timescale.
  2. The resident has explained following several attempts of reporting her damaged loft insulation to the landlord, it eventually raised a work order on 20 April 2023. Following this the landlord’s surveyor visited her property on 15 June 2023 and inspected the insulation in the loft. The surveyor agreed that the loft insulation required replacement. The landlord acted reasonably by arranging for its surveyor to inspect the resident’s loft to identify the required works. However, it would have been appropriate for the landlord to arrange the survey in line with the timescales referenced in its repairs policy.
  3. After the landlord’s initial visit to inspect and repair the doors, the resident still continued to experience issues with the doors. The landlord responded appropriately by arranging for its repairs operative to attend the resident’s property on 15 May 2023. The repairs operative inspected the door and carried out works to help resolve the draught. The resident explained the operative informed her that the doors required replacement, because the doors did not fit the frame correctly. The Ombudsman acknowledges the resident’s comment that a member of the landlord’s staff had previously said the doors required replacement. However, the Ombudsman has not seen evidence to confirm this was said and if it was said, this would not in itself mean the landlord would be obliged to replace the doors. The landlord is entitled to opt to repair a door rather than replacing it so that it can manage its limited resources effectively. In addition, it is recognised that it can sometimes take more than one attempt to resolve a repair issue depending on the type of the repair. Therefore, the landlord acted appropriately by completing a further inspection and repair of the doors.
  4. On 21 August 2023, the landlord raised a job for the insulation in the resident’s loft to be removed, which had become contaminated due to a previous issue with rats. The landlord booked an appointment for September 2023 for the contaminated insulation to be removed. The landlord took reasonable steps by raising a job for the removal of the contaminated loft insulation, particularly as it could pose a potential health hazard.
  5. Following this, the resident submitted a complaint to the landlord on 7 September 2023. She explained the landlord had booked an appointment for the insulation in her loft to be removed. However, it could not provide her with a timescale for the installation of the new insulation. The resident stated she was concerned that she could have potentially been left with high energy bills due to a lack of insulation. The Ombudsman acknowledges it must have been difficult for the resident not to receive a confirmation of when the new loft insulation would be installed.
  6. Shortly after the resident submitted her complaint, the landlord raised a work order for a different repairs operative to attend the resident’s property on 29 September 2023 to inspect the resident’s front and back doors. However, the appointment did not go ahead because the landlord had booked the inspection in error with the same operative who had carried out an inspection on the doors previously. This error from the landlord would have inconvenienced the resident and resulted in her living with draughty doors for longer than necessary.
  7. On 4 October 2023, the resident emailed the landlord about the repair issues with her front and back door. She explained she was previously told by the landlord’s operative during a visit that the doors required replacing because the doors had dropped and did not fit the door frame correctly. However, she explained the landlord had recently confirmed that it would not be replacing the doors.
  8. Shortly after this, the landlord provided its stage 1 complaint response to the resident on 18 October 2023. The landlord acknowledged and apologised that its contractor could not install new insulation in the loft when it removed the contaminated insulation. It explained the earliest date available to install the loft insulation was 5 January 2023. The landlord explained that its maintenance team had previously inspected the front and back doors on 3 separate occasions to assess and fix any draughts. The landlord stated the notes from the last visit confirmed the doors were of good standard and did not require replacing, and the operative had fitted a draught excluder. The landlord offered the resident £125 compensation to recognise its delays in replacing the loft insulation. Whilst it is positive that the landlord offered compensation, the amount of compensation offered by the landlord was not sufficient to recognise the impact of the delay in installing the loft insulation, particularly as the resident would have been left with no insulation in her loft during the winter months.
  9. The resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. She explained she was struggling to manage her increased energy bills and stated she had to keep her heat on twice a day to prevent damp from forming. She also explained as a result of the landlord’s contractor removing the old loft insulation, damage had been caused, including multiple cracks on the ceilings.
  10. On 24 November 2023, it confirmed that it had managed to get an earlier appointment date of 18 December 2023 to install the new loft insulation. The landlord also explained it had booked an appointment for the mould on the bedroom ceiling to be resolved on the same day as the installation of the insulation. In addition, it confirmed that it had received the resident’s photographs of her front and back door and would review them. It was a positive step that the landlord arranged an earlier appointment date to install the insulation in the loft. However, it is acknowledged that the resident would have been left with no insulation in her loft for several months, which was unreasonable. The landlord acknowledged this in its final response to the complaint.
  11. The landlord also confirmed it was waiting for its trade supervisor to review the photograph she emailed of the front and back door. To recognise the delays and inconvenience, the landlord offered the resident £450 compensation, which included £375 for its delays in replacing the loft insulation. It was a positive step that the landlord increased its compensation offer from its stage 1 complaint response. However, it would have been reasonable for the landlord to consider compensation for the resident’s increased energy bills due to the lack of insulation, particularly as she had raised concerns about this in her escalation request.
  12. The works to insulate the loft were completed on 11 January 2024. In addition, the landlord also treated the mould within the bathroom on the same day. The landlord acted appropriately by completing the works to install the loft insulation. However, it would have been reasonable for the landlord to complete the loft insulation works sooner than it did. In addition, due to the landlord’s contractor previously standing on plasterboard within the loft, some cracks were created and required remedial work. The resident’s aerial wire was also damaged.
  13. On 18 January 2024, the landlord sent a further response letter following its stage 2 complaint response. The landlord confirmed it had booked an appointment for 18 January 2024 for the aerial wire to be inspected and fixed. Also, it explained that it had arranged for its plastering contractor to attend the resident’s property on 25 January 2024 to repair the ceiling cracks. The landlord also confirmed that it had arranged its repairs operative to inspect the resident’s front and back doors on the same day. The landlord offered a revised compensation offer to recognise the further delays and inconvenience. It offered the resident £850, which included £300 for the delays and inconvenience of the installation of the loft insulation, £100 for loss of enjoyment of her home. In addition, £200 contribution towards the resident’s heating costs and £150 for the damaged aerial and outstanding plastering works and the remaining £100 was for complaint handling delays. It was positive that the landlord offered the resident an increased compensation offer, which also included an amount for the resident’s increased heating costs. However, it would have been good practice to request a copy of the resident’s energy bills to accurately identify any increased heating usage.
  14. The resident contacted the landlord on 4 March 2024, explaining that the door repairs were still outstanding. She stated the landlord had arranged an appointment for its repairs operative to refit insulation to her front and back doors. However, several of the appointments had been cancelled. Therefore, the door repairs were not due to be completed until 12 March 2024. The Ombudsman recognises the ongoing issue with the doors would have been difficult for the resident, particularly as she would spend the majority of her time downstairs and normally sleep downstairs because of her limited mobility.
  15. The landlord responded to the resident on 8 March 2024 and asked her to contact her energy provider to request a comparison of her bills and then send the supporting evidence to it. Also, to recognise the resident’s concerns about the additional door repair delays, the landlord offered the resident an additional £100 compensation. Therefore, the landlord’s overall compensation offer for the resident’s complaint was £950. The landlord acted reasonably by providing additional compensation for the further delays. The amount of compensation offered by the landlord, complies with the Ombudsman’s Remedies Guidance (published on our website), which sets out the Ombudsman’s approach to compensation. The remedies guidance suggests awards of £600 to £1000 where there has been a serious failure by the landlord, which had a significant impact on the resident.

 

  1. Although the landlord offered a reasonable amount of compensation, it would be appropriate for the landlord to review the resident’s energy bills to identify the resident’s increased heating usage. The resident informed the Ombudsman that she previously sent the landlord a copy of her energy bills but did not receive a response. She also mentioned she went into arrears by approximately £500. Therefore, the landlord is ordered to pay the resident compensation for her increased heating usage. The compensation should cover the period the repairs were outstanding. If she has not done so already, the resident should provide the landlord with copies of her energy bills for the period the loft insulation repair was outstanding and the same period as the previous year, so the landlord can calculate the compensation.
  2. It is recognised that the landlord visited the resident’s property on several occasions to attempt to repair the draughty front and back door. However, it appears the repairs completed to the door by the landlord’s repairs operative did not resolve the issue. The resident has confirmed the insulation which the landlord’s operative fitted to the doors fell off shortly after it was fitted. In addition, she confirmed the doors were still draughty. We contacted the landlord in February 2025 to confirm if an independent door contractor had previously inspected the doors. The landlord confirmed its internal repairs teams had only inspected the doors. Therefore, considering there is still an issue with the door and the resident spends the majority of her time in the downstairs part of the property, the landlord is ordered to arrange for an independent contractor which specialises in door repairs to inspect the resident’s front and back door. The contractor should confirm if the doors require replacing or alternatively recommend the necessary repairs to resolve the draught issue. As there are still repair issues with the doors and the landlord failed to review the resident’s energy bills for increased heating usage, there has been a service failure by the landlord in its handling of the installation of loft insulation and the resident’s request for a new front and back door.

The associated complaint

  1. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy includes the same timescales as referenced in the Code.
  2. There was a delay in the landlord providing its stage 1 complaint response to the resident. The resident submitted her initial complaint to the landlord on 7 September 2023 and the landlord did not provide its stage 2 complaint response to the resident until 18 October 2023, which was approximately 29 working days after the resident had submitted her complaint to the landlord. The complaint response was late and not compliant with the timescales referenced in its own complaints policy and the Code.
  3. The landlord also failed to provide the resident’s stage 2 complaint response on time. On 26 October 2023, the resident requested her complaint to be escalated to stage 2 of the landlord’s complaints process. Shortly after, on 31 October 2023, the landlord acknowledged the resident’s escalation request and confirmed that it would provide the resident with its stage 2 complaint response on 23 November 2023. The landlord failed to provide its stage 2 complaint response on the agreed date and a response was not provided until 8 December 2023. The response was late and its delay in logging the resident’s complaint would have delayed the resident from bringing her complaint to the Ombudsman, causing her inconvenience. However, it is acknowledged that overall, these delays were not excessive.
  4. The landlord acknowledged in its stage 2 response that there were delays and errors with its complaint handling and offered the resident £75 compensation to recognise the delay and inconvenience caused, which was sufficient to recognise the delay. On 18 January 2024, the landlord provided the resident with a stage 2 follow up response and increased the compensation offer for its complaint handling errors to £100. The compensation offered to the resident complies with the Ombudsman’s Remedies guidance referenced above. The compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress for this aspect of the complaint.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of the installation of loft insulation and the resident’s request for a new front and back door.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the complaint about the landlord’s complaint handling satisfactorily.

Orders

  1. The landlord is ordered to:
    1. Arrange for an independent door specialist contractor to inspect the resident’s front and back door. Following the inspection, the landlord should either complete the door repairs or replacement recommended by the contractor. The doors should be inspected and repaired within 8 weeks from the date of this decision. If the doors are replaced instead of being repaired, then they should be replaced within 12 weeks of the date of this decision. The landlord must inform the service once the doors have been repaired or replaced

 

  1. Reimburse the resident for her increased heating usage for the period the loft insulation repair was outstanding, upon receiving a copy of the resident’s energy bills. The resident should provide the landlord with a copy of her energy bills covering the period the loft insulation repair was outstanding and for the same period for the previous year before the loft insulation repairs were outstanding, unless she has done so already. This will enable the landlord to identify any increased usage during the period when the repairs were ongoing.
  1. The landlord must comply with the above order within 8 weeks of the date of this report.

Recommendations

  1. It is recommended that the landlord pay the resident its original offer of £950 compensation made to her, if it has not already done so. The Ombudsman’s finding of reasonable redress for complaint handling is based on the understanding that this compensation will be paid.