Southwark Council (202121315)

REPORT

COMPLAINT 202121315

Southwark Council

30 May 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

1. The complaint is about the landlord’s handling of the resident’s reports about the condition of the property following void works.

Background and summary of events

2. The resident is a secure tenant of the landlord, a local authority. The tenancy commenced on 20 July 2021 and the property is a one-bedroom flat. The resident is vulnerable, and the landlord is aware of this. She experiences depression and has arthritis which causes severe pain.
3. On 19 July 2021 the resident viewed the property. She states she was only able to see it for three minutes.
4. On 21 July 2021, the resident visited the property after receiving the key and on that same day raised a complaint to the landlord. She explained that, whilst viewing the property initially, she did not have enough time to look around or realise repairs were needed. She felt she was going to struggle in the property and did not feel it was adapted for a disabled person as the ceilings were too high to change a lightbulb or smoke alarm. The resident complained that she only had one cupboard on the wall in the kitchen and no drawers for cutlery.
5. Soon after, on 27 July 2021, the resident informed National Grid of a gas leak. It found there was a leak from old pipes that ran under the floor, and this was sealed. The gas was due to be reconnected on 30 July 2021.
6. The resident contacted the landlord on 27 July 2021, to express concern about issues within the property. She explained the shower needed replacing as, when she used it, it leaked into the hallway. The kitchen sink was blocked, and she was unhappy she only had one cupboard. She also explained she wanted a new property with no problems.
7. The landlord issued its stage one complaint response on 20 August 2021, it signposted the resident to its adaptions team to deal with the positioning of the light bulb and smoke alarm fitting. With reference to the kitchen layout, it explained its voids team works to the requirements of its lettable standard, which is normally two cupboards, however this was dependent on the size of the kitchen. In response to the issues concerning the rotten windows condition, the landlord asked the resident to provide pictures.
8. On 20 August 2021, the resident responded to the landlord as she was unhappy with its response. She said that on its previous visit it had taken pictures of the windows and discussed the problem so was unhappy she was now being asked to provide these. The resident further said that the property should have been cleaned prior to her moving in and was unhappy that the surveyor who visited had told her that she could not have a new fence.
9. On 25 August 2021, an appointment was booked to inspect issues with the property. This was for the following:
   1. Leak on shower.
   2. Locks to be changed due to the resident only having 1 set of keys.
   3. Trip hazard in living room.
   4. Ease and adjust bathroom door not closing and damaged.
   5. Back door not closing or locking properly.
   6. Remove barriers from front garden.
   7. It also arranged to see if a single unit with drawers could be fitted to the kitchen.
10. On 28 August 2021, the resident wrote to the landlord to explain that, despite only living in the property for less than a month, she did not feel safe following the gas leak.
11. On 28 September 2021, the landlord issued its stage two complaint response. It reiterated the appointment which was booked the previous month and the repairs due to be carried out. It also explained new windows had been measured, ordered and once ready would be installed. The landlord explained that it would raise an order to renew the garden fence. With regards to the kitchen sink, the landlord stated it was unaware of any issues with this on its visit as these had not been mentioned.
12. During December 2021, the resident advised her mental health had been affected, and she was unable to do anything to her home until the repairs had been resolved. The repairs she stated needed to be done were:

1. Fix the kitchen sink where water runs off when washing up and floods worktop.
2. Renew dirty cupboards which were dirty when she moved in.
3. Decorate flat as she was not given a decorating allowance.
4. New floors in bathroom hallway and front room.
5. Replace windows in bedroom and living room.
6. Attach waste pipe to the wall under sink.
7. Raise bathroom floor so it does not flood.
8. More cupboards in the kitchen.
9. Put slip floor in kitchen.
10. New door in wet room.
11. Clean kitchen fan.
12. Sort fire door out.

13. During 2022, several repairs were raised and completed to the floor, window, door, sink, and wet room. However, we have not seen confirmation of all the above works being attended to.

Assessment and findings

14. The Landlord and Tenant Act 1985, Section 11 implies repair obligations for landlord tenants. It states, ‘In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor— to keep in repair and proper working order the structure and exterior of the dwelling and building containing the dwelling.’
15. The landlord’s lettable standard and repairs policy also recognises its responsibilities and stated:

1. All doors will be in good condition and open and close satisfactorily.
2. Pipework will be safe and serviceable, with no leaks. All taps will be working effectively.
3. Floors should be in a good state of repair.

16. This service recognises further repair reports were raised after the landlord’s internal complaints procedure was completed. Whilst we have noted these above, the scope of this investigation focuses on the repair issues raised during the resident’s formal complaint. This is because the landlord needs to be given a fair opportunity to investigate and respond to any later concerns and reported dissatisfaction with its actions prior to the involvement of this Service. Any new issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if required. In order to progress a resolution for any newer outstanding issues, the Ombudsman has however made a recommendation at the end of this report that the landlord should contact the resident to confirm whether she considers any work to be outstanding and then take appropriate steps to address any concerns.
17. The resident was unhappy about repairs not being carried out during the void period and believes these should have been completed before the landlord let the property to her. She also expressed concerns about the cleanliness of the property.
18. During the void process, the landlord is expected to review the condition of the property to ensure that a resident may reasonably be expected to reside in it without extensive additional work. At the commencement of the tenancy agreement, if the resident raises concerns or repairs, the landlord is expected to address them in accordance with its repair timeframes. We have reviewed the landlord’s repairs policy; however it does not state repair timeframes.  We have therefore considered the issues in this case on the basis of what the Ombudsman would generally consider to be a reasonable timeframe.
19. The landlord’s housing management procedure manual for lettable standards explains the internal and external standards which a property should adhere to prior to letting it out to a resident. Internally all rooms must be clean and free from rubbish.
20. Among the evidence provided is the handback document specifying the works carried out during the void period, the gas and electrical certificates and the signed void inspection document which was completed on 19 April 2021. It was confirmed that all specified work was completed satisfactorily.
21. The landlord has stated the only outstanding work at handback was the replacement of a window due to it being beyond repair and replacement of the drain cover to the rear garden, however orders had been raised to attend to these. At the time when the resident moved into the property the windows were still outstanding.
22. With regards to windows, the landlord’s lettable standard states ‘windows will be in sound condition, wind and weatherproof – no broken or cracked glazing. Will open and close satisfactorily. Old windows will be adjusted and repaired as necessary. Replacement is undertaken on a programmed basis’. We have reviewed the information and there is no evidence to suggest the landlord was considering replacement via a programmed basis.
23. The landlord has stated delays were a result of availability of materials at the time and Covid restrictions. Whilst we acknowledge the landlord’s reasons for the delay in having works completed during the voids period and recognise the impact which the covid-19 pandemic had on landlords’ resources, we have also considered if the length of time taken to complete repairs was reasonable given the circumstances.
24. The landlord’s repairs history shows that a work order was raised on 6 July 2021 (prior to the tenancy starting) to replace the damaged, rotten window in the bedroom. The evidence shows the resident chased for repairs on several occasions due to concerns of it being ‘unsafe’. However, this was not completed until 3 November 2022. This was approximately sixteen months later.
25. There was a significant delay from the date of the work order until its completion, and the length of time to conduct a repair was unreasonable. It was also unreasonable that the resident had to chase several times for this repair. The landlord ought to have communicated better with the resident giving her a schedule of repairs and expected timeframe which was in an acceptable period of time.
26. The resident also complained about the number of units in her kitchen, she believed this should have been addressed during the void period. She explained she had one cupboard on the wall which did not contain a drawer. This resulted in her having to store cutlery and plates under the sink.
27. The landlord’s void lettable standards states the requirements for kitchen units to be a minimum of two base units and two wall units, in satisfactory condition with all doors and drawers matching and working satisfactorily.
28. Whilst we recognise the landlord says this varies depending on kitchen size, it is clear that this was not considered during the void period as this was not noted on the handback document. During the inspection on 25 August 2021, the landlord then agreed to supply and fit a single base unit with a drawer, which suggests that this should have been considered during the void period.
29. It is understood the resident only received one set of keys when moving into the property. She states this was due to the lettings officer losing the key. On 20 August 2021, she contacted the landlord stating that she was previously told the locks would be changed however was still waiting for this to be completed. The evidence shows this job was raised on 23 August 2021 and completed on 29 October 2021. Whilst we acknowledge the resident’s claims and understand this caused an inconvenience, we have not seen any evidence that the landlord was aware of this repair prior to August 2021, to suggest this should have been addressed sooner by the landlord. The evidence supports that the landlord informed its contractors of the work within a reasonable period of it being made aware. It took two months from August 2021 for the locks to be changed, however we consider this length of time to be reasonable considering the impact covid-19 was having on resources at the time, and that the resident did have one set of keys.
30. Within two months of the tenancy start date, the resident raised a number of repair issues which were inspected on 25 August 2021. The resident complained about a trip hazard in the living room, barriers in the garden, a leak in the shower and issues with two doors not closing properly.
31. In accordance with The Landlord and Tenant Act, when the resident notified the landlord of these new issues, it was obliged to attend to them. Whilst the resident states these issues should have been picked up during the void period, we have not seen evidence to support there was an issue prior to the resident reporting it in August 2021. It is important to note sometimes issues do not become fully apparent until a resident has moved into the property.
32. The evidence shows the leaking shower was attended to in July 2021. However, on 25 August 2021 this was raised in the inspection. The repairs history that we have to hand does not list further repairs to the shower. It also does not list repairs to the doors.
33. We have not received confirmation on whether these repairs have been completed. On reviewing the resident’s correspondence, we can see that several issues remained outstanding in December 2021 when the resident contacted our service to express the impact the delays were having on her mental health.
34. We are not satisfied that the landlord has dealt with these matters within the expected timeframe, this has led to the resident having to chase for repairs on several occasions and she states this has impacted her negatively. In the landlord’s submission to us, it acknowledged there had been significant delays, however, it does not provide a justifiable reason as to why. In the Ombudsman’s view, the delays were unreasonable and below expected standards. We see no evidence that the landlord has ever considered its compensation policy when reviewing the resident’s complaint, therefore we will be making an order of compensation in recognition of the impact this had on the resident.
35. We have considered the landlord’s compensation policy. For medium impact it states, ‘where the events are clearly an injustice to the complainant and the service has failed to meet the required standards. A repeated failure by us to address the shortcoming, even of a low impact event, could give rise to consideration of a medium impact level of compensation.’
36. The compensation level for a medium impact of delay in delivering a service it awards £500 per annum or £10 per week. This is on a case-by-case basis.
37. Considering the lengthy amount of time it took for the landlord to complete repairs, and that it is unclear if all repairs were completed, the Ombudsman has made an order that the landlord compensate the resident £600.
38. The resident raised concerns to the landlord about the garden fence falling down. She expressed upset that she was told she would not be allowed a new fence but said she could not afford one.
39. The landlord’s external lettable standard for fencing states that fences will be in sound condition. If, when the tenancy commenced the fence was in sound condition and a repair is needed, then it is the resident’s responsibility to conduct repair.
40. We have not seen evidence to show what the condition of the fence was at the start of the tenancy. The post inspection only makes reference to clearing away debris and cutting the rear garden. Nonetheless the landlord agreed at its appointment on 25 August 2021 to have the fence repaired and this was completed. In the Ombudsman’s opinion it was appropriate for the landlord to arrange these repairs.
41. Within a week of moving into the property the resident reported a gas leak to National Grid and it repaired this. The resident later notified the landlord of this, however it was not aware of any leaks prior to the resident moving in or during the void period. We have reviewed the landlord’s gas safety records and a check was carried out during the void period on 16 December 2020. The evidence shows that the gas pipe condition was passed, however the installation tightness test failed so the engineer took action to cap the gas carcass. Overall, it passed the gas safety inspection. We have not seen evidence to suggest further works were carried out or required. Whilst we understand the potential severity of a gas leak, the landlord ensured a gas check was carried out during the void period. As these tests are conducted every 12 months, with the next check being due in December 2021, it is unfair to say the landlord should have known about the leak before it was reported. Looking at the evidence the landlord was first notified of this issue when the resident reported it.

Determination (decision)

42. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports concerning void works.

Reasons

43. There were significant delays in conducting repairs for example the windows took over a year. Aspects of the property did not meet the landlord’s voids lettable standards. The landlord did not consider compensation when addressing the resident’s complaint, despite its failings.

Orders and recommendations

Orders

44. The landlord to pay the resident £600 compensation.

Recommendation

45. The landlord to contact the resident to confirm if she thinks there is any works outstanding. If she confirms that works are needed, the landlord should conduct an inspection to address any outstanding repairs, within four weeks of the date of this letter. The landlord should ensure scheduled repairs are communicated with the resident and she is provided a schedule of works. In the event the landlord is unable to schedule requested repairs, it should write to the resident explaining its position.