Sovereign Network Homes (Former Network Homes) (202401659)

REPORT

COMPLAINT 202401659

Sovereign Network Homes (Former Network Homes)

31 October 2024

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 window repairs.

Background

2. The resident lives in a 3-bedroom house with her partner and children under an assured tenancy agreement.
3. The resident raised a complaint on 10 November 2023. The resident was dissatisfied that:
   1. she had reported that the windows of the property did not open or close properly on 9 October 2023
   2. the landlord had not responded to her service request
4. In its stage 1 complaint response on 23 November 2023, the landlord:
   1. acknowledged it had delayed in responding to the resident’s service request
   2. confirmed an appointment had been booked for 21 November 2023 to inspect the windows
   3. apologised for the delay
5. The resident escalated her complaint on 2 December 2023. The resident remained dissatisfied that:
   1. she had been contacted by the landlord and its operatives 6 times since raising the repairs and had to repeatedly explain the problem
   2. the landlord had decided to repair the windows rather than replace them
   3. the lack of repair to the windows may have an impact on her and her family’s health, as everyone in the property had respiratory health conditions
6. In its stage 2 complaint response on 15 January 2024, the landlord:
   1. confirmed that following an inspection on 23 November 2023, there were 12 windows in the property in need of repair
   2. further investigation was needed for 2 windows which did not open at all
   3. explained that on 30 November 2023 it had decided that a surveyor should also inspect the windows, but that no action was taken on this until 9 January 2024
   4. acknowledged it had delayed in acting on the repairs and keeping the resident informed about its actions
   5. offered £490 compensation comprised of:
      1. £280 for distress
      2. £140 for delays
      3. £70 for time and trouble
7. The resident raised a new complaint on 14 June 2024. The resident was dissatisfied that:
   1. no progress had been made on the window repairs
   2. the delays had impacted on her mental and physical health
8. In its second stage 1 complaint response on 28 June 2024, the landlord:
   1. confirmed its contractors had attended the property on 4 March 2024, but no repairs were carried out
   2. acknowledged this was not appropriate and that its contractors ought to have carried out the repairs
   3. explained that contractors attended another appointment on 13 May 2024 and advised the landlord that the windows were too tall and had likely been forced into place during an earlier repair, which had caused the frames to bow
   4. had decided that a technical surveyor should carry out a further inspection to provide advice about a lasting solution to the problem
   5. stated the surveyor had attended on 6 June 2024 but could not gain access
   6. confirmed that a surveyor inspected on 13 June 2024, identified that most of the windows were blown, and recommended a specialist glazing company undertake a further survey of the windows
   7. confirmed that on 20 June 2024 its contractors attended the resident’s home unannounced as they were in the area, but were refused access
   8. acknowledged that this was not appropriate and apologised for the intrusion
   9. stated another appointment had been booked for 12 July 2024
   10. acknowledged there had been a delay in progressing the repair and offered £193 compensation
9. The resident escalated her second complaint on 11 July 2024. The resident remained dissatisfied that:
   1. the landlord had ignored her request for documents relating to the repairs
   2. she believed the landlord had made light of her mental health concerns
   3. she had not agreed to the appointment on 4 June 2024
   4. the surveyor did not attend on 12 June 2024 and no notice was given
   5. the surveyor attended unannounced on 13 June 2024
10. In its final complaint response on 14 July 2024, the landlord:
    1. explained it could not locate any request from the resident for documentation and invited her to explain what documents she wanted
    2. apologised for the missed appointment by the surveyor, and that the surveyor had arrived unannounced the following day
    3. stated it did not believe that its operative had tried to make light of the resident’s mental health concerns and acknowledged the impact the ongoing delays had on her
    4. explained there were support services it could refer the resident to and invited her to make contact with the landlord if she would like it to do this
    5. stated it would coordinate the repairs between the resident and its contractor
    6. offered £672 compensation comprised of:
       1. £170 for delays
       2. £340 for distress
       3. £102 for time and trouble
       4. £10 discretionary payment
       5. £20 for the delay in providing its stage 1 complaint response
       6. £30 for missed appointments
11. It is the Ombudsman’s understanding that, as of the date of this determination, no repairs to the windows have been completed.

Assessment and findings

Scope

12. In her complaints to the landlord and this service, the resident reported that the windows had caused or contributed to her and her family’s ongoing health problems. This included respiratory illness and the impact on her mental health.
13. It is beyond the remit of this service to determine whether there was a causal link between the landlord’s handling of the window repairs and the impact on health. Often, when there is a dispute over whether someone has been injured or a health condition has been made worse, the courts rely on expert evidence in the form of independent medical reports. This will give an expert opinion of the cause of any injury or deterioration of a condition. This would be a more appropriate and effective means of considering such an allegation. If the resident wishes to pursue this matter, she should seek independent legal advice.
14. The Ombudsman will consider the landlord’s handling of the repairs to the windows, and whether the landlord’s actions were fair and reasonable in all the circumstances.

The landlord’s handling of repairs to the windows

15. The landlord’s repairs policy states that it aims to complete routine repairs within one month. The policy gives repairs to windows as an example of a routine repair.
16. The Ombudsman expects landlords to complete repairs within a reasonable time. What is reasonable will depend on the circumstances and the nature of the repair. Where there is a delay in completing repairs, the Ombudsman expects landlords to be proactive in:
    1. communicating the cause of delays to residents
    2. explaining to residents what it intends to do about the delays
    3. identifying what it can do to mitigate the impact of delays on residents
17. On 9 October 2023, the resident reported that the windows in the property did not open or close properly and asked the landlord to inspect. In the absence of a response, the resident raised a complaint on 10 November 2023, which was 32 days later. This was not appropriate. It should not have been necessary for the resident to raise a complaint in order for the landlord to respond to her service request. This was a failure by the landlord.
18. The landlord’s contractors inspected on 21 November 2023 and identified that:
    1. all the windows were rusted and blocked and in need of cleaning and lubricating
    2. rubber seals and silicone on all the windows were in need of replacement
    3. 2 windows did not open at all and may be in need of hinge replacements
    4. 1 window needed a handle replacing
19. In her complaints, the resident was dissatisfied that the landlord had decided to repair the windows rather than replace them. Social landlords have a responsibility to manage limited resources for the benefit of all residents. A landlord is not obliged to offer a renewal or an upgrade of the windows unless they are beyond repair. Therefore, the landlord reached a decision it was entitled to make. The Ombudsman cannot fault the landlord for this.
20. In its first stage 2 complaint response, the landlord explained it had decided to instruct a surveyor to carry out a more detailed inspection of the windows. In the Ombudsman’s opinion, this was a reasonable step to take to ensure that the repairs were full and effective.
21. Although the landlord decided to instruct the surveyor on 30 November 2023, it did not take action on this until 9 January 2024. There is no evidence on which the Ombudsman could conclude that this delay was reasonable or unavoidable. This was a failure by the landlord and contributed to the delay in progressing the repairs.
22. There is no evidence that a surveyor inspected the windows following the landlord’s complaint response in January 2024. This was a failure by the landlord and also contributed to the delay in progressing the repair.
23. In its second stage 1 complaint response, the landlord stated contractors attended on 4 March 2024 and carried out a further inspection, but no repairs were completed.
24. No evidence relating to an inspection on or around 4 March 2024 has been provided to the Ombudsman. It is therefore not known what the findings of that inspection were.
25. A third inspection of the windows was carried out by the landlord’s contractors on 13 May 2024. It is not known why the landlord instructed another inspection of the windows. That inspection identified that:
    1. the windows were too tall for the frames
    2. the windows had likely been forced into place during an earlier repair
    3. the pressure on the frames had caused most of the windows to blow
26. A fourth inspection of the windows was carried out by the landlord’s surveyor on 13 June 2024. Again, it is not known why the landlord instructed another inspection of the windows, or what assistance this would be in progressing the repairs.
27. The surveyor’s inspection identified that the glazing in most of the windows were blown and that the windows were difficult to open and close. The surveyor recommended a further inspection by a specialist glazing company.
28. Following its final complaint response in July 2024, the landlord told the resident the repairs would be passed to its contractors. However, it indicated that its contractors would need to carry out a further inspection before any repairs could be completed. This would be a fifth inspection of the windows. This is not acceptable.
29. The landlord has had several opportunities to inspect the windows and identify what repairs are needed. It is not clear to the Ombudsman what the benefit of a fifth inspection would be. The landlord is already aware of the facts of the case. It should not be necessary for the Ombudsman to make orders for the landlord to complete repairs it is already aware of.
30. Following the final complaint response, the resident indicated that she was not willing to contact the landlord’s contractors about booking in an appointment and that she did not want the landlord to provide its contractors with her contact details. As an alternative, the landlord advised the resident to telephone its central contact centre to arrange the appointment. On 7 October 2024, around 3 months after its final complaint response, the landlord also invited the resident to provide her availability by email for it to arrange the appointment with its contractors.
31. There is no evidence the resident has provided the landlord with information about her availability for a further repair appointment. Therefore, the landlord has not had an opportunity to complete the repairs since July 2024. The Ombudsman cannot hold the landlord solely responsible for this.
32. In its complaint responses, the landlord offered a total of £1,162 compensation. In the Ombudsman’s opinion, this offer may have been reasonable at that time as it was consistent with the Ombudsman’s Guidance on Remedies. However, the landlord has not yet completed any repairs to the windows despite several opportunities to do so. Therefore, considering all the circumstances, it is the Ombudsman’s opinion that there was maladministration by the landlord in its handling of the repairs to the windows. The Ombudsman has ordered further compensation to recognise the further distress and inconvenience together with an order to complete the works.

Determination

33. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the repairs to the windows.

Orders

34. The landlord must, within 4 weeks of the date of this determination:
    1. pay the resident £1,500 compensation for the distress and inconvenience caused by the landlord’s handling of the repairs to the windows – this replaces the offer previously made by the landlord, which means the landlord can deduct any of the earlier compensation payments from it
    2. provide evidence of the above payment to the Ombudsman
    3. produce a schedule of works to complete the repairs to the windows and provide a copy of this to the resident and the Ombudsman
35. The landlord must complete all repairs to the windows set out in the inspection reports or fully replace the windows and frames. The landlord must complete the repairs or replacement within 8 weeks of the date of this determination. The landlord must:
    1. use its best endeavours to ensure it completes all works within 8 weeks
    2. keep records of the actions it has taken to complete the works within 8 weeks
    3. if it cannot complete the works within 8 weeks, it must notify the resident and explain this together with reasons for the delays and when the works are likely to be completed. The landlord must also write to the Ombudsman and update it within 4 weeks, 6 weeks and 8 weeks of the date of this determination with the progress of the works, together with evidence of what action it is taking to ensure the windows are repaired within 8 weeks