Southern Housing (202107977)

REPORT

COMPLAINT 202107977

Southern Housing Group

28 July 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:
1. Repairs to the property and upgrades at the property.
2. This Service has also considered the landlord’s complaint handling.

Background and summary of events

Background

The resident is an assured tenant of the landlord which is a housing association. The resident’s tenancy began in 2004 and the property is a one-bedroom, second floor flat within a block.
The landlord’s records show that it has no vulnerabilities recorded for the resident.
The resident has explained that the outstanding issues are:
1. Damp and mould within the property.
2. An internal kitchen door requires attention.

Scope of investigation

The resident has advised this Service that she has experienced a variety of issues with the property since the start of her tenancy 19 years ago.
Although it is noted that there is a long history of concerns around the landlord’s handling of repairs reported by the resident, this investigation has primarily focussed on the landlord’s handling of the resident’s recent reports from December 2020, onwards that were considered during the landlord’s complaint responses. This is because residents are expected to raise complaints with their landlords in a timely manner so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.
Within the timescales considered in this report, the resident made a separate complaint to the landlord regarding its handling of a boiler repair. This is not considered in this report, as it has been addressed in a separate complaint through the landlord’s complaints process and this Service’s process.
The resident has complained to this Service that her health has been affected by the damp and mould issues at the property. It is not within the role of the Ombudsman to establish the cause of any damage to health; this would be for a court to establish through a personal injury claim during which expert medical evidence can be considered. The Ombudsman does take into account a resident’s particular circumstances including health conditions when assessing the landlord’s handling of repairs and other complaints and considering appropriate compensation.

Summary of events

On 20 December 2020 the resident contacted the landlord to report that a door it had installed in August 2020 did not fit properly. She stated that she was worried about the security of her property. The landlord stated that it would pass her enquiry to its contractors.
The landlord’s repairs logs show that on 17 February 2021, at the resident’s request, it attended the property to inspect the kitchen units. Its notes state that the units were to be repaired if possible.
The landlord’s repairs logs show that on 2 March 2021 works were raised for its contractors to attend and renew a water damaged kitchen unit underneath the sink. Its records state that this was completed on 4 March 2021.
On 11 May 2021, the landlord’s repairs logs state that works were raised for its contractors to attend to the cupboard containing the boiler which required repair. Its logs do not confirm the date on which this was completed.
The resident made a formal complaint to the landlord on 3 June 2021 in which she outlined her dissatisfaction with:
1. A lack of contact from a member of the landlord’s staff.
2. The landlord’s communications with her in general.
3. Upgrades to the kitchen which the landlord had previously stated would not be completed until 2027.
4. The landlord’s decision around alterations to the layout of the kitchen so that she could install a fridge freezer. She stated that her fridge was currently in her living room.
5. A repair required to a kitchen cupboard box, which contained the boiler.
The landlord responded to the resident via email on 10 June 2021 and acknowledged her complaint. It stated that her complaint had been passed to its customer relations team who sent a further email to the resident the following day and advised that she would receive its response within ten working days.
In emails between the landlord’s staff on 24 June 2021, it was discussed that the resident had already been informed of when her kitchen was due to be replaced through its planned upgrade programme. It stated that the resident needed to accept that it replaced kitchens based on the age of the components. It also stated that if the resident wanted to make minor alterations to facilitate the fitting of appliances, this was her responsibility.
Also on 24 June 2021, the landlord provided the resident with its stage one complaint response in which it stated:
1. It had found that its named member of staff had done what he could and was not at fault.
2. It referred to its planned upgrades programme for her kitchen to be renewed. This was based on the age of the components.
3. It advised the resident to report any repairs which required attention.
The resident contacted this Service on 4 July 2021 regarding her complaint. This Service contacted the landlord and requested that it completed its complaints process by 19 July 2021.
On 5 July 2021, the landlord sent an email to this Service and provided a copy of its stage one complaint response. It stated that did not have a copy of its planned upgrades programme to provide the resident with. It also stated that it did not believe it would raise a stage two complaint for the resident as its position was that it had already dealt with the issues she had raised.
The landlord contacted the resident on 9 July 2021 and requested that she complete a satisfaction survey as it had closed her complaint. The resident responded the following day and asked why it had closed her complaint.
The landlord’s repairs logs state that on 12 July 2021, works were raised for its contractors to attend and shave down a newly installed bathroom door and the kitchen door which were not fitting correctly with their frames. The logs stated that these works were completed on 15 July 2021.
On 15 July 2021, the landlord sent an email to the resident and explained that it had closed her complaint as it felt it had completed its investigations. It outlined that she could reply within 20 working days if she wanted to escalate her complaint to stage two of its complaints process. The resident responded that same day and asked again why it had closed her complaint. She outlined that she was unhappy with its response, its repairs service, and contractors. She requested an escalation to stage two of its complaints process.
The landlord’s repairs records show that on 22 July 2021 a job was raised for a door to be shaved down as it was too big for the frame. Its records state that this was completed by its contractor on 29 July 2021.
The landlord’s records show that it passed the residents stage two complaint request to its repairs team on 2 August 2021. On 9 August 2021 the complaint was allocated to a manager within the repairs team. Also, on that same day it sent an email to the resident to acknowledge her request and it advised that it provide its response by 31 August 2021.
The landlord contacted the resident via email on 31 August 2021, to advise that it needed more time to investigate her complaint. It stated that it would respond to her with its stage two complaint response and an action plan by 14 September 2021.
The landlord’s repairs logs show that on 3 September 2021, works were raised to refix the kitchen cupboard containing the boiler and to renew the door to match the existing units. The log stated that this was completed on 14 September 2021.
On 10 September 2021, the landlord completed an inspection at the resident’s property. Its records show that it confirmed that the kitchen unit doors required replacement and that the cupboard containing the boiler required attention.
The landlord provided the resident with its stage two response on 10 September 2021 in which it stated:
1. Following its discussions with the resident and photographs she had provided, along with an inspection carried out by its surveyor, it confirmed that the kitchen cupboard doors required replacement.
2. It had also determined that the boxed area around the boiler needed to be reinstalled as it was falling away and being supported by a faulty appliance.
3. It confirmed that there was a delay in its response to her regarding the kitchen upgrades. It further confirmed that despite having received the resident’s photographs of the kitchen in February 2021, it then incorrectly told her in May 2021 that her kitchen was not due an upgrade until 2027. It considered this a service failure.
4. It stated that the following repairs had been identified and passed to its contractors to action as follows:
5. Kitchen:
  1. Renew kitchen lower cupboard doors and shelving under work top.
  2. Mould wash to cupboard back boards
  3. Repair boxing in pipe works to boiler and radiator pipes to kitchen.
  4. Mastic seal around kitchen worktop and flooring.
  5. Prepare kitchen ceiling and decorate.
  6. Overhaul extractor fan.
  7. Overhaul kitchen door and reduce gap at the bottom of door.
6. Lounge:
  1. Fill small hole to ceiling rose and touch up paint work to area.
  2. Overhaul lounge door.
7. Bathroom:
  1. Install plastic access panels to match above access panel ensure holes are cut to allow access.
  2. Overhaul extractor fan
  3. Mastic seal around flooring
  4. Lift section of vinyl around WC and refix.
  5. Overhaul bathroom door.
8. Bedroom:
  1. Carry out anti mould solution to rear wall to wardrobe.
  2. Install a passive vent to the side wall to vent through the bathroom extractor vent boxing.
  3. Overhaul bedroom door ensure gap no bigger than 5 mm. (gen item)
9. It had also identified areas of learning from the resident’s complaint which it listed as follows:
  1. To ensure clear and concise notes are made of meetings or phone discussions, especially when conducted on site, to ensure there is no miscommunication.
  2. For more or clearer before and after photos to be taken of works to be done or completed in the future.
  3. To be clear regarding the exact works being undertaken
  4. To ensure communication is better with residents.
  5. To ensure responses to emails are made within 5 working days of their receipt.
10. It offered the resident £25 in recognition of its service failure and delays she experienced in receiving its response regarding her kitchen replacement.

Post complaints process

The resident contacted the landlord on 21 September 2021 and requested a call back to discuss her complaint. The landlord acknowledged this on 23 September 2021 and confirmed it had passed her request to the manager who had issued its stage two complaint response. It sent an email to the resident on 27 September 2021 in which it advised the resident that its manager was on leave until 4 October 2021, and they would contact her on their return.
The landlord’s repair logs state that on 1 October 2021, the resident contacted the landlord as she was unhappy with the landlord not being able to source a cupboard around the boiler in the same colour as the existing one. Its records state that she last received a kitchen replacement in 2007 and was therefore not due an upgrade until 2027.
The landlord’s records show that its manager returned the resident’s call on 5 October 2021. She advised that she was unhappy with the amount of compensation it had offered in its stage two complaint request and would like the landlord to review this.
On 14 January 2022, the landlord’s records show that its repairs contractor contacted the resident via email and confirmed the items it would replace in the kitchen, following an inspection visit it had completed the previous day. The resident responded on 25 January 2022 and asked for advance notice of when they proposed to change the kitchen units so that she could arrange for a plumber to attend and disconnect the washing machine.
The landlord’s surveyor sent an email to the resident on 28 January 2022, which stated that they would not remove a wall unit in the kitchen and cut a space in the worktop to make space for a fridge freezer to be installed. It offered an apology for previously informing the resident that it would be able to do this. Its staff member stated, “Apologies if I said we would but I didn’t know at the time as I’m still fairly new”. The resident was therefore advised that she would not need to arrange to have her washing machine disconnected. The resident was further advised that its contractors would contact her to arrange a date to renew the kitchen units, doors, and drawer fronts.
The resident responded to the landlord via email on 1 February 2022 and stated, “I thought it would be too good to be true”. She voiced her frustrations that it would not cut the worktop as she felt that this should be able to fit a standard-sized fridge within her kitchen. She asked it to confirm if all of the kitchen units were to be replaced.
The resident has since informed this Service that there are a number of repairs and upgrades that the landlord has not completed at the property which include:
1. Ongoing issues with damp and mould being present in her bedroom.
2. Lack of suitable ventilation in the bathroom.
3. Poorly fitting kitchen and bathroom doors.
4. No space in her kitchen for a fridge freezer unit, she has to keep her fridge freezer in the living room.

Assessment and findings

The landlord’s obligations

The landlord’s responsive repairs policy sets out the repairs it is responsible for, and repairs which residents are responsible for. Its policy confirms that it is responsible for repairs to the internal and external structure of its properties. It also confirms its responsibility for the repair and maintenance of any installations for heating and sanitation within the property. Its policy outlines resident’s responsibilities regarding repairs which are of a more minor nature.
The terms of the tenancy agreement between the resident and the landlord outline the following in relation to repairs obligations;
1. To keep in good repair and working order any installations it provides for space heating, water heating and sanitation and installations for the supply of water, gas and electricity, including;
  1. basins, sinks, baths, toilets, flushing systems, waste pipes and overflow systems except blockages caused by resident’s misuse.
2. To keep in good repair and working order any furniture, fixed floor coverings or equipment provided by us as part of the tenancy.
The landlord’s complaints resolution policy outlines the following:
1. It will acknowledge stage one complaints within five working days.
2. It aims to respond fully to stage one complaints within ten working days.
3. It aims to provide a response within 20 working days of a complaint escalation after stage one.
4. If these response times are not possible it will contact the resident to advise why and give a new response date which will not exceed a further 10 working days.
5. At stage two (review) of its complaints process, residents can select one of the following options:
  1. A review including involved residents and its staff or;
  2. A review consisting only of its staff.
6. Following the review, the landlord will provide its response within 10 working days.
7. In “exceptional” cases, the landlord will defer the decision if further advice is needed, or if it needs to consult a specialist or take legal advice.
8. It will advise residents of any need to extend the response time.
9. It outlines an appeal process should residents wish to challenge a decision.
The landlord’s compensation policy outlines that in cases where it has taken reasonable steps to resolve any failure in service, it will consider a discretionary payment. It outlines that it may offer this to recognise distress or inconvenience caused for example, it may have taken repeated attempts to resolve an issue. Discretionary payments may be cash payments, gift vouchers or items such as flowers. It further states these payments are not admissions of liability.
The housing health and safety rating system 2006 (HHSRS) outlines where deficiencies within a property can increase the likelihood of harm. For example, a poorly fitting internal door can increase the likelihood of a fire spreading within a property and can also increase the likelihood of harm caused by excess cold within a property. It also outlines that landlord has responsibility to ensure that kitchen areas should provide suitable facilities for the storage of food including cupboard/larder and refrigerator and freezer with appropriate electrical sockets.

The landlord’s handling of repairs and upgrades at the property

The landlord stated to the resident numerous times that her kitchen would not be eligible for upgrades until 2027, as per a planned programme of works. This Service has not received a copy of the planned programme of repairs, and it is noted that in July 2021 the landlord stated that it did not have one. It is however noted that the landlord’s position later changed with regards to the update of the kitchen units when the resident provided evidence of the condition of the kitchen and from its own inspections.
The landlord appeared to not correctly update its systems regarding the kitchen upgrades after providing the resident with its stage two response. On 1 October 2021 its repairs logs stated that upgrades in the kitchen were not due until 2027 which was incorrect. The landlord’s poor internal communications and record keeping impacted on the resident who was given conflicting or incorrect information, which was confusing and caused her to become frustrated. Whilst the landlord did acknowledge its error within its stage two response, it then failed to update its records accordingly. This left the resident having to seek further clarification from the landlord and was left feeling that her complaint was not being taken seriously. Whilst the landlord had identified learning from the resident’s case, it failed to apply this learning in its approach and responses.
The landlord provided a detailed list of required repairs in its stage two complaint response to the resident. Whilst this was a positive step and went some way towards managing the resident’s expectations, it did not provide any estimated timescales within which it would complete them. It is noted that the landlord uses contractors to complete repairs on its behalf, yet this Service has not received any evidence to show that its contractors provided the resident with time-specific details of when it would complete the repairs and upgrades. The landlord is ultimately responsible for its own and its contractor’s management of repairs and should complete them within a timely manner. It is noted that the landlord’s responsive repairs policy does not list estimated timescales for day to day repairs, however it does outline timescales for emergency repairs. Having such information within its policy could go some way to manage resident’s expectations in terms of timescales in which repairs would be addressed.
The landlord also changed its position regarding the alterations to the kitchen to provide space for the resident install a fridge. This understandably caused frustration to the resident, as the landlord had previously told her that it would do this. This Service finds that the landlord’s poor internal communications and record keeping contributed to this which left the resident in an unclear position.
The resident has advised this Service that repairs and upgrades remain outstanding at the property, despite the landlord confirming in its stage two complaint response of 14 September 2021, a detailed list of works.
The resident has chased the landlord many times and asked for it to complete the works, however some remain incomplete. This Service finds that the resident experienced significant time and trouble in chasing the landlord for it to complete the works it had agreed to do.
Due to the landlord’s significant delays and repeated failures to remedy the outstanding repairs, the resident experienced significant detriment. These failings undermined the relationship between the landlord and the resident. This Service therefore finds that the landlord’s approaches to the resident’s reports and upgrades at the property amount to severe maladministration.

Complaint handling

The landlord’s records show that it did not acknowledge the resident’s complaint at stage one of its complaints process within its policy timescale. It took 7 working days to acknowledge her complaint and a total of 16 working days to provide her with its stage one complaint response.
The landlord then closed the resident’s complaint on 9 July 2022 and asked the resident to complete a satisfaction survey. The landlord was wrong to do this as it she was still within the 20-working day timescale to request an escalation to stage two of its complaints process, as outlined in its stage one response.
The landlord’s actions in this regard caused further frustration to the resident who was not aware that it had closed her complaint. This Service finds that the landlord’s actions were unreasonable as it prematurely closed her complaint without any explanation which caused the resident further frustration and she had to ask it why it had done this. It failed to use its complaints process effectively to identify and amend any failures at the earliest opportunity, to apologise and learn from this.
In an email sent to this Service on 5 July 2021, the landlord said it believed it would not open a stage two complaint on the resident’s behalf as it had covered all of the issues, she had raised in its stage one response. Again, this was a premature action taken by the landlord, as at that point it was not yet aware of whether the resident did or did not wish to escalate her complaint.
The landlord’s stage two complaint response was provided to the resident far beyond the 20-working day timescale outlined in its complaints policy. From the evidence reviewed by this Service, the landlord should have provided its stage two response by 11 Aug 2021. This is because the resident requested an escalation to stage two on 15 July 2021. However, the landlord did not acknowledge her request until 9 Aug 2021. The landlord then informed the resident that it would provide its response within 20 working days of 9 August 2021. In total the landlord took 43 working days to provide its stage two response. Although the landlord did inform the resident on 31 August 2021, that it needed more time to investigate her complaint, this Service finds that its delays were unreasonable, and it meant that the resident remained within its complaints process for longer than necessary.
It is positive that the landlord changed its position on the upgrades to the resident’s kitchen which it confirmed in its stage two complaint response. This Service does however find that the landlord’s offer of £25 in compensation due to its delays and service failure does not provide suitable redress to the resident for the inconvenience that she experienced.
This Service therefore finds that the landlord’s complaint handling approaches fell short of what would reasonably be expected and this amounts to maladministration.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration by the landlord in respect of its handling of repairs and upgrades at the property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its complaint handling approaches.

Reasons

The resident had to chase the landlord for it to eventually confirm that her kitchen required upgrades ahead of the scheduled upgrade date of 2027. Despite providing the resident with a detailed list of repairs and upgrades in its stage two complaint response in September 2021, some of the agreed works have not been completed, some 22 months later.
In its communications with the resident, the landlord’s advice on repairs and upgrades was not always clear and as it changed its position, this caused frustration and uncertainty for the resident around what it would and would not do. As it did not provide any timescales for the completion of works, this left the resident in situation where she was unsure when the works would be completed meaning that she had to chase it.
The landlord’s handling of the resident’s associated complaints was inconsistent, and it did not correctly apply the timescales outlined within its own policy. As a result, the resident was unreasonably left within the complaints process for far longer than was necessary.

Orders and recommendations

Orders

Within four weeks of the date of this report, the landlord is to:
1. Apologise to the resident in writing for its failures outlined in this report.
2. Contact the resident directly and determine which upgrades and repairs remain incomplete. It is to provide the resident and this Service with a time-specific action plan on how it aims to resolve them.
3. Pay the resident a total of £850 compensation which is comprised of:
  1. £650 in relation to its poor handling of repairs and upgrades at the property.
  2. £200 in relation to its poor handling of the resident’s associated complaint.
4. Provide this Service with evidence confirming compliance with the above orders.

Recommendations

If it has not done so already the landlord is to consider updating its responsive repairs policy to include estimated timescales of day to day repairs for which it is responsible.
The landlord is to consider the findings of the Ombudsman’s spotlight on knowledge and information management (housing-ombudsman.org.uk/wp-content/uploads/2023/05/KIM-report-v2-100523.pdf – The landlord is to share the findings with relevant staff, including training where appropriate and to incorporate the findings of this report in its management of such cases in future.