Selwood Housing Society Limited (202121603)

REPORT

COMPLAINT 202121603

Selwood Housing Society Limited

26 June 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

The complaint is about the landlord’s handling of:

a. The resident’s reports of repairs, including to windows, a door and insulation.

b. The resident’s complaint.

Background and summary of events

Background

The resident is an assured tenant and the tenancy began on 6 June 2005. The property is a first floor two bedroom flat.
The landlord’s has provided a copy of its repairs policy which says that the landlord will determine which repairs are emergency or routine repairs. If the repair is an emergency then it will ask the resident to stay at home until an operative arrives and for routine repairs, it will make an appointment on an agreed date.
The landlord has provided a copy of its complaints procedure which says that it has a three stage procedure. The landlord will respond to complaints at stage one within ten working days and complaints at stage two within 20 working days. The policy says that the landlord will hold hearings at stage three within 30 days of the date of the acknowledgement.

Summary of events

On 12 August 2020, the landlord’s repair notes showed that the front door of the resident’s property was not shutting and there was an issue with the frame due to wear and tear. The landlord completed a repair on 4 September 2020.
The repair notes showed that on 29 October 2021, the resident reported an issue with his bedroom window. The resident said that there was a draft and more noise than from other rooms.
The resident raised a formal complaint with the landlord on 9 November 2021. The resident complained about several repairs, including a fire safety door, the gutters, issues with a draughty/noisy window and damp and mould concerns. The landlord acknowledged the complaint on the same date and said it would respond within ten working days.
The repair notes showed that an appointment for the bedroom window had been booked in for 5 November 2021, and a repair was completed on 16 November 2021.
The landlord confirmed that a contractor attended and cleared the gutters in November 2021. The gutters were then inspected by the landlord on 18 November 2021 and it was confirmed that they were clear.
The landlord visited the resident around 25 November 2021, to discuss his complaint. The landlord said that the resident would not let the operative into his kitchen or bathroom to check the extractors were working, so they could only see the hall, loft and bedrooms. The landlord also contacted the resident on the same date to provide an update and told him it was waiting for the report.
On 30 November 2021, the landlord provided its inspection report which said that it would replace a failed double glazed unit to the bedroom window, remove the trim and fill any gaps between the window frame and the brickwork and re-seal the internal trim to both bedroom windows and the mould growth was to be cleaned off and stain blocked. The loft insulation was to be re-laid to ensure all areas were fully covered and there were a few issues with the front door which were to be rectified.
The landlord sent its stage one response on 1 December 2021. The landlord said that it had arranged for a survey to look at the issues the resident had raised. Based on the report the landlord made the following findings:
1. It was noted that parts of the internal trim were starting to come away and both of the bedroom windows and one of the double-glazed units had condensation between the panes. The failed double-glazed unit to the bedroom would be replaced along with the trim. The landlord also said it would fill any gaps between the window frame and the brickwork.
2. With regards to the damp and mould, it was noted that the insulation was not laid properly and therefore the landlord said that it would re-lay the loft insulation to ensure all areas were covered. The mould growth was to be cleaned and stain blocked.
3. There were a couple of issues with the front door and it would complete repairs including re-sticking a loose trim, adjusting the door to ensure it closed fully, removing self-adhesive draught seals and filling a missing section to the front door water-bar and painting it.
4. The gutters were cleared by a contractor in November 2021, and it would arrange for the gutters to be cleared every six months. Furthermore, the landlord said that in relation to cavity wall insulation not being present, the thermal imaging camera confirmed that the insulation was present and therefore this part of the complaint was not upheld.
On 16 December 2021, the landlord completed some repairs, including removing the internal trim and filling any gaps between the window frame and brickwork, re-fixing the trim to both the bedroom windows. On 17 December 2021, the landlord re-laid the loft insulation over the plasterboard. The mould was also cleaned off and a stain block applied to the affected areas.
On 21 December 2021, the resident called the landlord and said that not all the repairs to the windows and insulation had been completed. The operative who attended for the front door was a kitchen fitter according to the resident and not qualified to deal with the front door because it was a fire door. On the same date, the landlord called the resident to book the remaining repairs which would be in the early new year.
Internal correspondence from the landlord showed that all the work had been completed on 4 January 2022; however, phone notes with the resident dated 6 January 2022 showed an appointment made for 17 January 2022 for the window repairs and loft insulation, although this was dependent on getting the materials.
On 27 January 2022, the landlord contacted the resident to provide an update and it said that most of the work had been completed, but the double glazing was still outstanding as it was unable to get this quickly. The notes showed that the resident appreciated the update.
On 28 January 2022, notes show that there was an incident between the resident and the technicians who attended to complete the glazing on the windows. The notes said that the resident became aggressive towards the workmen and slammed a door and swore at them. The resident was apparently annoyed that they turned up in the morning and not the afternoon. The landlord said that the resident had not read the appointment text message which confirmed it was a morning appointment. The landlord had a call with the resident on the same date, the notes showing that the resident was aggressive and shouting and swearing at the operative. The landlord warned the resident about future language and behaviour and he apologised.
Internal correspondence from 1 February 2022 said that the repairs team had attended the resident’s property on multiple occasions, but they could not get the door to fit correctly. There were issues with gaps in the door and it not sealing properly when it was closed.
On 1 February 2022, the landlord’s notes indicated that the resident escalated his complaint to stage two. The reasons provided were that the window glass had not yet been replaced, and the issues with the door were not repaired to the resident’s satisfaction. The landlord responded on the same date and provided an update on the repairs and said it was still waiting on the glazing to be supplied. The landlord confirmed that the remaining repairs were to replace the bedroom window and top up and relay insulation and it would get a supervisor from its fire team to attend and reassess the door again to see if it needed to be replaced as previous repairs had failed. The resident also contacted the Housing Ombudsman Service on 2 February 2022, to say that he had asked his landlord to escalate the complaint to stage two.
The landlord sent an email to the resident on 2 February 2022 to confirm an appointment for 14 February 2022 (in the afternoon) to complete the remaining repairs. The resident then changed this to the 21 February 2022 for a morning appointment.
On 21 February 2022, the landlord confirmed that all the repairs were completed and the resident was happy. The failed double-glazed unit to the bedroom window was replaced and the fire door was still a bit stiff, but the resident said that he would monitor it. The landlord gave the resident £100 high street vouchers as a gesture of goodwill in closure of the complaint.
On 15 March 2022, the resident reported an issue with his fire door and the landlord requested for the fire door and frame to be measured and replaced.
On 24 March 2022, the landlord completed an inspection of the resident’s bedroom window which concluded that there was a small defect which resulted in sound coming in due to the compression gasket not being compressed. It noted that there was little that could be done about this defect apart from replacing the window.
The landlord repair notes show that on 28 March 2022, the landlord raised an order to replace the defective bedroom window which was quoted at £380 plus VAT.
On 4 May 2022, the landlord confirmed in writing to the resident that his complaint was at stage two. The landlord said it would respond within ten working days, but this could be extended by a further ten working days. On 6 May 2022, the landlord investigated issues with the resident’s fire door and measured the door and frame to be replaced.
On 23 May 2022, internal correspondence showed that the new window was due to be delivered that week. On 24 May 2022, the landlord called the resident and it was confirmed that the window would be replaced and the fire door and frame replaced. The landlord said it had previously told the resident that it could take up to 12 weeks to get the materials ordered and supplied. The landlord said it terminated the call as the resident kept raising his voice. On the same date, the landlord sent the resident another stage two acknowledgement letter, saying that it would aim to respond within ten working days.
The resident emailed this Service on 5 June 2022 to say that the window had been replaced, but when the window was removed there was no insulation in the wall from the ceiling to below floor level. The resident suggested that this was why it was cold in the winter. The Ombudsman informed the resident that this was not part of his original complaint and that we could not look at this issue as it had not been investigated by the landlord.
On 6 June 2022, the landlord rang the resident and it was confirmed that the works for the window had been completed on 1 June 2022, and the resident was happy with them. The insulation had been fitted but the resident did not believe the six rolls the operatives carried in was enough to cover the area; however, the resident said he would trust the landlord’s judgement. The operative assured the resident that the works had been inspected and signed off. The landlord confirmed that the fire door was in stock, awaiting a frame, and that this would be fitted shortly.
The landlord provided its stage two response on 7June 2022, which said the following:
1. Despite attempting to repair the fire door and bedroom window, the repairs were not successful. This led to the landlord authorising a new door with a frame and window with a frame on 15 March 2022; however, it was explained that the timescales for this work would be around 12 weeks to manage expectations. The landlord also said that it kept the resident updated on the progress of the replacements.
2. A top up to the insulation had been completed and this had been inspected by the landlord’s surveyor. The landlord said that no further works had been identified and this part of the complaint had been dealt with.
3. The fire door and frame was now in stock as of 6 June 2022, and the landlord would be in touch shortly to schedule the works. The landlord noted that the resident had informed it that he had some medical appointments, but said it would visit at a convenient time for the resident.
The resident indicated in October 2022 that issues initially raised in his complaint such as mould and blocked gutters had returned.

Assessment and findings

The landlord’s handling of the resident’s reports of repairs

On 12 August 2020, the repair notes showed that the front door of the resident’s property was not shutting properly. The repair was not an emergency and a repair was completed within a reasonable timescale on 4 September 2020.
On 29 October 2021, the resident reported an issue with his bedroom window and said that there was a draft and more noise than from other rooms. The notes showed that an appointment was booked for 5 November 2021, and the issue was noted as completed on 16 November 2021. There was not enough information provided by the landlord to know what works were completed, but it was reasonable for the landlord to attend and complete the repairs. The landlord’s repairs policy does not give specific timescales to complete repairs, but as the repairs were routine, an appointment would have been booked. There is no evidence of a service failure here.
The resident complained about several issues on 9 November 2021, including the gutters, mould, the fire door and his bedroom window. On 18 November 2021, the landlord confirmed that the gutters had been cleared and they had been inspected. The landlord also said that it would arrange for the gutters to be cleared on a more regular basis. The actions taken by the landlord were reasonable with regard to the resident’s gutters and in line with its repairs policy.
The landlord completed an inspection of the resident’s property around 25 November 2021 and produced a report on 30 November 2021, where it identified several repairs needed for the resident’s property. These included: replacing a failed double glazed unit to the bedroom window, filling any gaps between the window frame and the brickwork and re-sealing the internal trim to both bedroom windows with the mould growth was to be cleaned off and stain blocked. The loft insulation was also to be re-laid to ensure all areas were fully covered and there were a few issues with the front door which were to be rectified. The landlord’s actions were reasonable as it inspected the resident’s property to identify the issues which required repairing. The landlord also called the resident to keep him updated and informed him it was waiting for a report.
The first attempts by the landlord to rectify the issues were on 16 December 2021, where it completed some repairs to both the bedroom windows. On 17 December 2021, mould was cleaned and a stain block applied to the affected areas. The landlord’s actions to rectify these issues were reasonable in the circumstances as it acted in accordance with its inspection findings.
The landlord’s notes said that it completed the repairs relating to the insulation, but correspondence showed that the issues regarding the insulation were still ongoing for a few months after this. Therefore, it was not clear if the landlord’s records were accurate here and the insulation issue was still outstanding at least as recently as February 2022, and so there was a service failure by the landlord in this regard.
On 21 December 2021, the resident called the landlord and said that not all the repairs to the windows, door and insulation had been completed. The landlord booked an appointment for the new year. Internal correspondence from the landlord showed that all works had been completed on 4 January 2022; however, phone notes with the resident dated 6 January 2022 show it made an appointment on 17 January 2022 for the window repairs and loft insulation. Once again, there appears to be a discrepancy with the landlord’s records as all the repairs were presumably not completed on 4 January 2022 given additional appointments were needed.
On 27 January 2022, the landlord called the resident to give him an update. This showed that the landlord was communicating with the resident about the ongoing repairs, which was a reasonable thing to do. On 28 January 2022, the landlord visited the resident’s property to complete the glazing repairs according to the landlord’s notes, but it was unable to complete the repairs because of an incident with the resident. However, an email dated 1 February 2022 to the resident said it was still waiting for an update about the glazing supply. Again, this shows a discrepancy with the landlord’s notes which could have contributed to the delays with the repairs as the landlord attended to carry out a repair and a few days later told the resident that it did not have the required materials.
On 1 February 2022, the landlord’s records said it had attended the resident’s property on multiple occasions, but it could not get the door to fit correctly. It said that there were still issues with gaps in the door and it did not seal properly when it was closed. It was not clear from the records when the landlord had visited the resident to complete these repairs apart from 4 September 2021. The landlord did update the resident on 1 February 2022, with what repairs were still outstanding which was a reasonable thing to do, but the landlord failed to keep sufficient records of when the repairs were completed. This would have caused the resident some inconvenience and time and trouble as he had to keep raising the repairs.
On 21 February 2022, the landlord confirmed that all the repairs were completed. The failed double-glazed unit to the bedroom window was replaced and the fire door was stiff, but the resident said that he would monitor it. The landlord gave the resident £100 high street vouchers as a gesture of goodwill in closure of the complaint. The actions of the landlord were reasonable for the window as the unit had to be ordered; however, the landlord appears to have taken a long time to rectify the issues with the door and insulation, as there were not parts on order and it had been on notice to complete these works several months earlier. The delays in rectifying these issues were unreasonable and amounted to a service failure.
On 15 March 2022, the resident reported continued issues with his fire door and the landlord agreed to have the door and frame measured and replaced. However, this did not happen until 6 May 2022. The landlord has not provided an explanation as to why it took so long to measure the door to be ordered. This delay was unreasonable and again would have been inconvenient for the resident.
On 24 March 2022, the landlord completed an inspection of the resident’s bedroom window which concluded that there was a small defect. It followed that little could be done about this defect apart from replacing the window. The landlord’s actions were reasonable, as it had previously replaced the glazing on 21 February 2022, and then completed another inspection when issues persisted.
On 28 March 2022, the landlord raised an order to replace the defective bedroom window and this was completed on 1 June 2022. The landlord said it had previously told the resident that it could take up to 12 weeks to get the materials ordered and supplied. Therefore, the landlord completed the works within the timeframe it had outlined to the resident and its decision to conduct a replacement, once it knew that repairs were not possible, was reasonable.
In the stage two response, the landlord said the fire door was in stock and it would fit this when the resident was available. This was within the 12-week period to get the materials ordered and supplied from when the landlord agreed to have the door replaced on 15 March 2022; however, as mentioned above, the landlord had already taken an unnecessarily long time to measure the door and frame, and the door would not have been able to be ordered prior to this. Therefore, the repair could have been completed more quickly, as it only took a month to get the door in stock once the order was made.

The landlord’s handling of the resident’s complaint

The notes showed that the resident escalated his complaint to stage two on 1 February 2022; however, a stage two response was not provided until 7 June 2022. The landlord’s complaints policy says that it has 20 working days to respond at stage two and therefore the landlord has not complied with its own policy. Although the landlord was working to rectify the resident’s repair issues, the delay of nearly four months was unreasonable in the circumstances.
Furthermore, the landlord sent two communications to the resident telling him that his complaint had been escalated to stage two on 4 May 2022 and 24 May 2022. This could have confused the resident, who believed his complaint had been escalated already. The resident also contacted the Ombudsman Service on 2 February 2022, to say that he had asked his landlord to escalate the complaint to stage two. There was therefore maladministration with regards to the landlord’s handling of the resident’s stage two complaint.

Determination (decision)

In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in regards to the landlord’s handling of the resident’s reports of repairs, including to windows, a door and insulation.
In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in regards to the landlord’s handling of the resident’s complaint.

Reasons

It took an unnecessarily long time for the landlord to complete some of the repairs, including the fire door and the insulation in the loft. The landlord’s record keeping with regards to the repairs was inconsistent and contained discrepancies. This may have contributed to the delays, and would have caused the resident time and trouble with his complaint and the repairs. The landlord also delayed in getting the fire door and frame measured. The delay was around seven weeks and no explanation was given as to why this took so long.
The landlord has not complied with its complaints policy which says it will provide a stage two response within 20 working days. The resident asked to escalate his complaint on 1 February 2022 and did not receive a stage two response until 7 June 2022. This delay was unreasonable. Furthermore, the landlord sent two stage two acknowledgement communications to the resident in May 2022, which would have inevitably caused some confusion.

Orders and recommendations

Orders

The landlord is ordered to write to the resident within four weeks of the date of this report to apologise for the service failures identified in this report.
The landlord is also ordered to confirm that all the repairs raised by the resident in relation to this complaint have been completed.
The landlord is ordered to pay the resident £300 compensation (in addition to the £100 vouchers previously offered) within four weeks of the date of this report, made up of:
1. £200 for the distress and inconvenience caused to him by the delays in completing the repairs.
2. £100 for the distress and inconvenience caused to him by the failure in its handling of his complaint.
Within eight weeks of the date of this report, the landlord is ordered to review its repairs record keeping processes in line with the Ombudsman’s Spotlight Report on Knowledge and Information Management (May 2023) and create an action plan to show how it will ensure that its repairs logs contain accurate and timely information.
The landlord should reply to this Service with evidence of compliance of these orders within the timescales set out above.