Southern Housing (202344973)

Background

1. The resident lives with her 10 year old child in a 2 bed second floor flat. She approached us to complain about delays to her window repairs. As an outcome to her complaint, she wanted the landlord to replace all the windows in her flat.

What the complaint is about

2. The landlord’s handling of the resident’s reports of :
   1. Faulty windows.
   2. The associated complaint.

Our decision (determination)

3. There was maladministration in the landlord’s handling of the resident’s reports of faulty windows.
4. There was maladministration in the landlord’s complaint handling.

We have made orders for the landlord to put things right.

Summary of reasons

5. There were significant delays between the resident’s reports of faulty windows and the landlord carrying out all the repairs. The repairs were still outstanding as at 19 November 2025.
6. The landlord did not abide by our complaint handling code (The Code) or it’s complaints policy.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Recommendations

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

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

7. The landlord is responsible for the structure of the building under Section 11 of the Landlord and Tenant Act 1985. The tenancy agreement states that it is responsible for external windows, windowsills, window catches, sash cords and window frames.
8. Its repairs policy says that it responds to emergency repairs (to make safe) within 6 hours. This includes breaches of security to outside windows. All follow on and other repairs will be carried out on an appointment basis. It does not clarify any timelines in its policy.
9. If a resident is not home when it attends, then it will try to reach them by telephone call. If it is unable to get through, then it will leave a calling card, asking residents to contact it or its contractor. If it does not hear from the resident within 7 days, it will cancel the repair.
10. Strong record keeping is a prerequisite to providing a good housing management service. The landlord’s repair records show that the reported repairs were not followed up on. Also, the landlord gave the resident confusing information in its complaint responses. It told her that its contractors had attended to replace 10 windows in April 2024. This is despite the repair logs showing that the windows had not been replaced or fully repaired and the resident telling the landlord that she was still waiting for repairs. This demonstrates a poor complaint investigation.
11. The resident reported faulty window handles on 22 December 2023. The records show that the landlord’s contractor attended on the same day to make safe. This was appropriate and within its policy timescales. It also re-attended on 2 January 2024 to complete further works. It raised works to change 10 pairs of window hinges and 10 window handles and to overhaul all the locking mechanisms. It was appropriate that it did so. The contractor asked for the works to be raised ‘as soon as possible’ because the old window hinges were in poor condition and “letting in the weather”. It was reasonable that it raised further works and showed that it was taking the resident’s concerns seriously. It also attempted to carry out works on 2 February 2024. The resident was not home, so it left a card for her to make contact. This was further reasonable and within the landlord’s repairs policy.
12. It was further reasonable that it attended again on 1 March 2024, as agreed with the resident. It is unclear why the contractor did not attempt to gain access to the resident’s property. But they did call the resident whilst onsite to attempt to get through. This was appropriate and in line with the landlord’s policy.
13. But it is unclear from the landlord’s repair records, why it did not attend again until 6 April 2024. On 5 March 2024, the resident had reported damaged window sealant as well as chasing the outstanding window repairs. So the delay caused the resident distress and continued to impact on the enjoyment of her home. Also, she continued to be affected by a draft coming into her property from the gap in the windows.
14. As a contractor had previously requested the locking systems be overhauled “as soon as possible” on the visit of 2 January 2024, the landlord should have carried out the follow on works much sooner. This is particularly pertinent as faulty window locking systems could be a health and safety issue. Particularly as the resident lived on the second floor with a young child. This delay caused her distress and frustration. And time and trouble in pursuing the repair. Although the contractor replaced the window handles on 6 April 2024, they were unable to replace the window hinges . This is because they did not take the correct ones on the repair visit. It raised further works for the window hinges. It is unclear why the contractor did not have the correct hinges, as they had already attended twice before. So, it would have had the opportunity to measure up. This caused the resident distress and frustration and impacted on the enjoyment of her home.
15. There is no evidence that the landlord’s contractor returned after 6 April 2024, to carry out any further works. This is a further failing which continued to impact on the resident’s enjoyment of her home. She continued to experience drafts into her property. She also received no communication from the landlord. This is not resident focussed.
16. In its stage 2 complaint response of 19 November 2024, the landlord stated that the resident had waited until 6 April 2024 for 2 operatives “to replace all 10 windows”. This is inappropriate and points to poor record keeping. The resident’s windows were not replaced. In fact, they were not even fully repaired. Also, the fact that the landlord told the resident it had replaced the windows, confused her and failed to manage her expectations. As she believed the landlord should have replaced all the windows, rather than repair them.
17. It is not in our remit to make a technical decision as to whether the landlord should repair the windows or supply full replacements. This would depend on the outcome of an inspection from a suitably qualified person. But the landlord should have replaced the hinges given that it undertook to do this in January 2024. It should not have given the resident the wrong information. Its record keeping was poor and its management of the repairs was not appropriate. This continued to impact on the enjoyment of the resident’s home. It also caused the resident time and trouble in continuing to pursue the issue.
18. Also, its offer of £65 for the delays and missed appointments was not proportionate to the adverse effect on the resident. Although we understand that the landlord has since paid the resident additional compensation towards her added fuel costs, it did not carry out the repairs in a reasonable timeframe.
19. By its own admission and the repair records provided to us, the repairs had not been scheduled until 19 November 2025. This is an unreasonable delay. Although the landlord’s repairs policy does not provide a timeline for repairs appointments, this is not a reasonable timeframe in the circumstances. It should have dealt with the repairs much sooner.
20. Due to the delays, the record keeping issues and the poor communication with the resident, we have made a finding of maladministration. We have ordered the landlord to pay the resident £600 compensation. This is due to the distress and inconvenience and time and trouble experienced by the resident. This is in line with our remedies guidance, where there has been a failing which has had a significant adverse effect on the resident. This should be paid, in addition to compensation already offered. We have also made an order for the landlord to arrange training in respect of record keeping and repairs monitoring. This is to ensure that all repair reports are logged and monitored. And that residents are updated on a regular basis.
21. We have made a recommendation for the landlord to carry out an inspection and associated repairs to the windows, as it has already booked the works in (as of November 2025).

22. The Ombudsman’s Complaint Handling Code (the Code) 1 April 2024 requires landlords to acknowledge a complaint or escalation request within 5 working days. Landlords must issue a stage 1 response within 10 working days of acknowledging the complaint. They must also issue a stage 2 final response within 20 working days of an escalation acknowledgement. The landlord’s complaints policy mirrors the Code’s expectations.
23. The landlord responded to the resident’s stage 1 complaint within the required timescales.
24. But the resident escalated her complaint on 28 May 2024, and the landlord did not acknowledge this until 8 October 2024. It also did not provide a final response until 19 November 2024. This is significantly outside of the Code and its own policy timescales. It took nearly 6 months to respond to the stage 2 complaint. This is unreasonable.
25. Further, it did not apologise for the delays or provide any redress in issuing its stage 2 response. Nor did it identify any learning from the complaint. As such, we have made a finding of maladministration. We have made an order for £100 compensation. This is for the time and trouble to the resident. This is in line with our remedies guidance, where there has been a failing which has impacted the resident. We have also made an order for the landlord to arrange training to all relevant staff, to ensure they comply with the Code and their complaints policy.

Learning

26. We identified poor record keeping in respect of the landlord’s repair records. We identified a need for the landlord to ensure it completes repairs in a reasonable time frame. We identified a need for the landlord to ensure it responds to complaints within the Code’s timescales.

Knowledge information management (record keeping)

27. We identified poor record keeping in respect of the landlord’s repair logs. It did not monitor the window repairs and did not have accurate information on file.

Communication

28. We identified confusing information provided to the resident. The landlord told her it had replaced the windows, when it had not done so and had not completed the repairs either. The landlord should be mindful of its communication and ensure it provides accurate information to residents.