Stockport Homes Limited (202113835)

REPORT

COMPLAINT 202113835

Stockport Homes Limited

11 August 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:
1. The landlord’s handling of the resident’s concerns about rehousing.
2. The condition of the resident’s new home and ongoing repair issues.
3. The landlord’s handling of the complaint.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
After carefully considering all the evidence, in accordance with paragraph 42(k) of the Housing Ombudsman Scheme, the following aspect of the complaint is outside of the Ombudsman’s jurisdiction.
1. The landlord’s handling of concerns about rehousing.
This is because the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion fall within the jurisdiction of another Ombudsman, regulator or complaint-handling body.
The Memorandum of Understanding between the Housing Ombudsman and Local Government and Social Care Ombudsman (LGSCO) sets out the complaints that each Ombudsman is responsible for considering. This states that LGSCO is responsible for complaints about:
1. Housing allocations under the Housing Act 1996 Part VI.
2. The assessment of such applications and the operation of the choice-based lettings schemes and about the suitability of accommodation offered under those schemes.
As such, the complaint about rehousing to the resident’s current home is outside the jurisdiction of this Service to consider because such complaints fall within the jurisdiction of the LGSCO. If the resident wishes to pursue this part of the complaint, she can contact the LGSCO directly.

Background and summary of events

Background

The resident lives in a 1-bedroom adapted bungalow, owned by the landlord, on a secure tenancy that began in February 2021.
The landlord has recorded vulnerabilities for the resident of physical or health issues, visual or audible issues, mobility problems and that she is a lone pensioner. The resident has also reported to this Service that she suffers with COPD and has a heart condition.
The Landlord and Tenant Act 1985 and tenancy agreement places certain obligations on the landlord to keep the structure, fixtures and fittings of the property in good repair.
The landlord has a responsive repairs policy that aims to provide its customers with a high quality, efficient and comprehensive repairs service before and during their tenancy. It prioritises repairs into the following categories:
1. Urgent – aiming to complete within 24 hours.
2. Non-urgent – aiming to attend within 30 days, at a time to suit the resident.
3. Planned – larger projects such as large areas of loose plaster. To be completed within a 6-month period.
4. Programmed – such as replacement of bathrooms and kitchens.
The landlord has a lettable and return standards guidance that sets out what residents can expect when taking a new tenancy. It commits to inspecting the property, organising and making arrangements for all repairs to be completed. It also commits to removing all the previous occupants’ possessions including rubbish.
The landlord’s customer feedback policy and procedure set out how it deals with complaints through a stage 1 and 2 (appeal) process. It aims to respond at stage 1 within 10 working days and hold an appeal panel within 15 working days of the request and then a response is issued within a further 5 working days.

Summary of events

On 12 February 2021, the landlord’s internal emails show that it had raised an order to renew the wet room floor. It is unclear when this work was completed.
On 16 February 2021, the landlord’s records show that the void property form confirmed that it met the lettable standard. It also confirmed that no post-let work was identified.
On 1 March 2021, the landlord’s records show that it inspected the property to assess post-let issues. It does not confirm the details of this inspection.
On 1 March 2021, there was an internal landlord email about the rear porch with a photograph attached. It stated that the timber porch had been removed and requested a job be raised to rebuild 2 courses of brickwork.
On 2 March 2021, landlord’s internal emails show that the resident called with a list of issues. She had mentioned handing back the keys. It said an officer visited the resident and confirmed the following:
1. Steps and handrails – There were nothing wrong with these; the handrails were fitted for extra support and if a ramp was required, it would have to be raised via an occupational therapist.
2. Holes in the floor related to small gaps under the skirting.
3. Smashed floors – this had not been mentioned and the officer did not see any.
4. Plaster in the porch – this was not mentioned but an old timber porch had been removed that exposed unpainted brick where the timber was, and the decorator was happy to paint it.
5. Empty beer bottles were mentioned but the officer could not find them.
6. Smell of urine – no smell was located, only disinfectant.
During March 2021, the landlord’s records show the following repairs raised and completed:
1. 2 March 2021 – a job was raised to rebuild 2 courses of brickwork to make good where the timber porch had been removed with the job completed on 8 April 2021.
2. 5 March 2021 – a job was raised for the electrician to replace a room thermostat with the job completed on 15 March 2021.
3. 10 March 2021 – a job was raised to unblock the guttering at the rear of the property with the job completed on 1 April 2021.
4. 10 March 2021 – a job was raised referring to the bedroom radiator not working and a wall thermostat with the job completed on 15 March 2021; a further radiator repair job was raised on 13 March 2021 and recorded as complete on the same day through an out of hours visit when the radiators were balanced.
5. 12 March 2021 a job was raised to clear a rainwater gulley that was blocked with the job completed on the same date.
6. 15 March 2021 – a job was raised to locate and isolate a leak from the pipe under the sink with the job completed on 22 March 2021.
7. 16 March 2021 – a job was raised for broken skirting board with the job completed on 16 March 2021, notes showing that it was refixed.
8. 22 March 2021 – a job was raised for the toilet that was taking time to refill with the job recorded as complete on 7 April 2021 through replacement of the inlet valve.
9. 29 March 2021 – a job was raised to repair the rear door with the job recorded as complete on 7 April 2021. Notes show that the bottom rubber gasket of the door was missing which required a seal replacing. It added that 2 operatives had been booked to complete the job on 23 April 2021.
10. 30 March 2021 – a job was raised to repair the existing security light at the rear of the property, noting the resident was unable to turn it on and was at risks of falls. The notes show it was completed on 7 April 2021 with installation of a security light.
During April 2021, the below repair jobs were recorded:
1. 1 April 2021 – a job was raised to renew the doorbell that was required due to the resident’s hearing impairment with this completed on 7 June 2021.
2. 6 April 2021 – a job was raised for the walk-in shower that was making a loud noise. The completion date shown is 6 April 2021 with notes that the shower and pump were checked and found to be working.
3. 15 April 2021 – a job was raised to inspect and make good the skirting board in the living room that was loose with the job recorded as complete on 25 May 2021; however, notes show that this was a duplicate job.
4. 15 April 2021 – a job was raised to inspect the crumbling patio in the communal garden and report back findings. The due date was 14 October 2021, and no completion date is shown. Notes demonstrate that a technical surveyor was required as the patio was not crumbling, and the resident reported water running off the grass and pathway into her property.
5. 15 April 2021 – a job was raised to clear the drain at the rear of the property. The due date was the same date, and the completion date was 16 April 2021. Notes show that a specialist drainage contractor was required and for it to report back any additional works. The contractor’s notes show that it located the blocked rainwater gully at the rear but was unable to feel the outlet and hardened mix was present in the gully. It broke it up and removed the debris and carried out high pressure water jetting, but it was unable to clear it. It reported that further works were required.
6. 15 April 2021 – a job was raised to clear gutters to all elevations with the job completed on 26 April 2021.
7. 20 April 2021 – a job was raised for the toilet that would not flush; it was recorded as complete on the same day as it was noted that there was no issue, and the resident was shown how to flush correctly. A similar job was raised on 22 April 2021 with it being noted as complete on 10 May 2021, but no notes were recorded.
8. 20 April 2021 – a job was raised for loud noise from the shower; it was recorded as complete the same day and notes show that it was not the shower that was making the noise but the ‘whale gulper’ pump that pumps the water away. It confirmed that the pump was working correctly.
9. 28 April 2021 – a job was raised due to a report of no heat to the radiators. A completion date of the same day is shown with notes that all the radiators and boiler were working. The bedroom radiator was measured to show the correct size was installed.
On 27 April 2021, the landlord carried out an initial tenant visit . Details of the visit have not been provided to this Service.
On 5 May 2021, the resident sent a letter to the landlord about her dissatisfaction with the property condition. In particular she referred to the smell, delays with the housing officer visiting, part of the porch had needed to be removed, a back door was described as dangerous, there were gaps in the skirting boards, a loose fire, the outside wall that required pointing and the heating and shower that did not work properly.
On 12 May 2021, a job was raised to inspect the seals on the windows and doors as the resident had reported heat loss. The job was recorded as complete on 24 June 2021 with notes showing silicone had been missing.
On 14 May 2021, a job was raised for the wet room pump that the resident reported as a slip hazard and was not working properly. A completion date of the same day was recorded with it noted that the pump was working properly.
On the same day, a further job was raised to inspect the water pressure as the resident had reported that the toilet was not filling up. A completion date of 1 June 2021 was recorded with notes showing that no issue was found – it inspected the manhole cover for blockages, and all was clear.
On 17 May 2021, the landlord sent its stage 1 complaint response letter to the resident. It confirmed that the resident had raised several issues with the property condition and noted the following:
1. It had inspected the property prior to letting and it met the lettable standard in relation to repairs, maintenance and cleanliness.
2. Several repairs were carried out whilst the property was empty, including a professional clean.
3. It was carrying out additional work to the rear door and removal of the patio.
4. It did not agree that further remedial works were required, including the reported smell and confirmed operatives did not detect the smell other than disinfectant.
5. It confirmed that the resident had been awarded a decoration grant for the property.
6. It explained that the shower pump had been checked and it was working as expected.
7. It confirmed a job was on order for a doorbell.
8. The heating had been checked on 28 April 2021 and the boiler was operating correctly.
9. It did not uphold the complaint.
Additional repairs were recorded as follows during May 2021:
1. 20 May 2021 – a job was raised to fit a soakaway to the rear of the property along the path and the full length of the patio and to relay the path to the front door. The job was recorded as complete on 7 December 2021.
2. 20 May 2021 – a job was raised to unblock the gutters/downpipe and gully at the rear of the property with it recorded as complete on 5 July 2021.
3. 20 May 2021 – the resident reported again that the heating was not getting hot enough even with the thermostat at the highest setting. The completion date of 21 May 2021 was recorded but notes show that there was no access. The landlord recorded it attended on 25 May 2021 and carried out temperature checks and noted all rooms were 23 degrees and the heating was working correctly albeit the resident reported that she was still cold and would like bigger radiators.
On 21 May 2021, the landlord has confirmed that a telephone conversation was held with the resident to determine the support she required in relation to feeling isolated. A referral was made to its housing support team for a visit. In July 2021, the landlord received a request for support from the resident’s GP. It referred this to its support service.
On 24 May 2021, the resident telephoned the landlord, and a discussion was had about the resident being unhappy with the property and that she wanted to move. The landlord discussed the support it could provide.
The landlord’s repair records show the below during June-July 2021:
1. 1 June 2021 – another job was raised for the shower that was reported as not draining away with dirty water backing up. The completion date was noted as 2 June 2021 with no issue found after running the shower for 10 minutes.
2. 10 June 2021 – a job was raised to repair the shower pump not draining. The job was noted as complete on the same date with notes that the electrician would increase the ‘over run’ on the pump.
3. The landlord noted that it visited the resident with her daughter present on 15 June 2021. It suggested the resident discussed feeling cold with her GP and confirmed there was no heating issue or smell in the property. It discussed a plan to visit regularly, and that the repairs identified would be raised although it did not confirm the specific repairs.
4. 16 June 2021 – a job was raised for the lock on the front door with notes that the resident was having great difficulty locking and securing the door. A completion date of the same day was given, noting it eased and adjusted the door to suit. A separate job to renew a broken front door handle was recorded as complete on 24 June 2021 but it rebooked an appointment for 29 July 2021 to renew the handle as the resident was still struggling with the key.
5. 17 June 2021 – the landlord recorded that it attended and determined a utility issue had already been actioned by residents in response to the resident advising of an ‘open sewer’ to the rear.
6. A job was raised to clear the front and rear gutters at the property which was recorded as complete on 21 June 2021. A subsequent job was recorded as complete on 27 July 2021 with notes showing that the gutters, outlets and gullies were unblocked, and that it refixed the ‘union’.
7. 18 June 2021 – a job was raised for the toilet that was backing up and an inspection of the water that was not draining away in the shower. It was noted as completed on 13 July 2021 with the toilet being unblocked.
8. 21 June 2021 – a job was raised to patch plaster a hole in the lounge wall and completed on 23 July 2021.
9. 30 June 2021 – a job was raised for a specialist drainage contractor to investigate the report of blocked drains and clear as required. It was noted as completed on 2 July 2021.
10. 16 July 2021 – a job was raised for the boiler that was working intermittently. The completion date was recorded as 23 July 2021 with notes that the thermostat was turned down and all was working.
11. 20 July 2021 – the landlord raised a repair to reseal the wash hand basin and adjust the front door; no completion date was confirmed. A separate job was raised to reseal the wash hand basin (and it noted that the resident had fallen, holding onto the basin) with a completion date of 27 July 2021. It also noted that it checked the front door on 23 July 2021, recording that the door was slightly warped at the top but generally in good condition and it closed and locked it without any issues.
On 12 August 2021, the landlord visited the resident with its independent living officer and the social worker. It confirmed the appropriate ongoing support, and a comment was made that the property was well maintained.
On 16 August 2021, the landlord’s internal emails confirmed that it visited the previous week with the social worker who felt that the following repairs required attention:
1. Outside – water from the top drains down, causing mud to slide outside resident’s property.
2. Shower – the resident had said the temperature changed when she was under the shower for more than 10 minutes. The social worker had asked for someone to have one last look at it.
On 16 August 2021, a job was ordered to repair or replace the security light to ensure the correct operation. The completion date was recorded as 6 September 2021. Notes show that the light in the front porch was repaired and refixed. It noted that it was to replace the rear light the following week with a solar light. A further comment was made that this was replaced but the resident complained that the light would not be on all the time, which she did not want due to electrical costs.
On 19 August 2021, the landlord sent the resident a letter about inappropriate behaviour. It said that since moving to the property, she had contacted it on a number of occasions concerning numerous repairs. It said that it had been confirmed that a large number of repairs reported were not in fact faults and it listed 16 specific reports on various items such as the guttering, front door not locking, loss of heat and shower drainage. It said that no issues had been found.
The landlord also confirmed in the same letter that the resident’s calls to it were excessive and inappropriate, stating that she was making repeated contacts about the same issues which had already been addressed and it considered this to be unreasonable persistence. It said that it had arranged for a member of its independent living team to contact her by telephone fortnightly and that she could raise any issues then unless it was of a genuine urgent nature. It said that any further incidents may result in a warning marker being placed on her records.
On 22 August 2021, the resident sent a letter to the landlord about her dissatisfaction with various repairs. She gave a long list of items but was not specific about the issues, some of the items listed were – smell, gutters blocked, outside path that had some movement, shower issues, front door, rats, sink, toilet, lights, damp, fireplace loose, cupboard full of beer cans, 2 skirting boards loose and trees in the garden blocking the light. She said that she had slipped in the bathroom, banged her head and described her home as a ‘living hell’ and asked the landlord to move her.
On 31 August 2021, a job was raised for a sewage smell in the property on a daily basis. The completion date shown was 31 August 2021 with notes that the manhole was jetted, and the drains and gullies cleaned.
On 7 September 2021, the landlord’s internal emails confirm a number of visits had been carried out to support the resident and address repairs with notes that the property was well maintained. It did not refer to specific repairs.
On 10 September 2021, a job was raised for a drainage contractor to attend the property as the resident was still reporting a sewage smell. The completion date recorded was the same day and notes show that it jetted the drains and advised of further works to check the loft for dead rats.
On 13 September 2021, the landlord emailed the MP, explaining that it and the council had worked collaboratively to provide the resident with support, and it continued to do so. It confirmed that its independent living officer had visited the resident offering support and during the visits, repairs were reported and carried out and the officer considered the property to be well maintained and could see no issues. It confirmed that the previous joint social worker visit in August 2021 had taken place and the resident declined support. It said that moving forward, support would be provided, and a telephone call would be made to the resident on a regular basis at least every 2 weeks.
On 14 September 2021, a job was raised for a drainage contractor to carry out quoted works. The completion date was the same date, but no details of repairs have been provided to the Ombudsman.
On 16 September 2021, a job was raised for the noisy pump on the shower and that water was running into the hallway. It also noted that the shower did not have a temperature regulator. The job completion date was shown was 24 September 2021. Notes confirm that the shower and pump were working correctly but the gradient of the floor did not seem to be taking all the water to the pump which was causing puddles after the shower had been turned off.
On 20 September 2021, the landlord received an email from the MP, stating that the resident had telephoned very distressed that day. The landlord confirmed that it would arrange a welfare visit to her.
On 15 October 2021, a job was raised for the hall radiator that had a strong smell coming from it. The job shows a completion date of the same day. No notes are available to show what, if any, works were carried out.
On 29 October 2021, a job was raised for a kitchen sink waste pipe that had come away and the resident said she was unable to use. It also noted a bad smell from the pipe. It recorded the job was completed the same day with notes showing that it replaced the faulty trap on the kitchen sink.
On 5 November 2021, a job was raised to repair the loft hatch to minimise draughts and repair doors as required to ensure they were wind and watertight. An actual completion date of 17 November 2021 was recorded with notes that it tightened a draught excluder around the loft hatch and that the recently overhauled front door could not be adjusted anymore.
A further 9 repair orders were raised between November 2021 and January 2022 relating to the following:
1. Door lock – 2 reports; the resident had refused work.
2. Heating issues – 2 reports – no job found. This was noted as attended the same day with the radiator attended to within 2 weeks.
3. Drains – reported as clear with a note stating a tree line runs across and there was possible root intrusion which caused the drains to back up and gather silt and debris over time. This was noted as attended within 2 and 4 weeks.
4. Solar light – notes show this was attended with 1 week and replaced.
5. Porch – notes show this was attended with 1 week and no leaks were found but the resident advised the issue was the front door.
On 2 December 2021, the landlord’s internal emails confirmed that an officer had rang and spoke to the resident a couple of times since carrying out welfare support calls. It confirmed that she felt no-one was doing anything to help her. She said that she wanted to move back to her old flat. It went on to say that the drainage company had been out 4 times and found nothing and the resident would not accept this. The resident had mentioned that there was no gas but when the engineered attended, no faults were found. It also mentioned a noise that the resident had reported but when it had visited, it could not find anything.
On 2 December 2021, this Service sent the landlord a request for action letter, asking that it respond to the resident by 9 December 2021.
On 9 December 2021, the landlord sent a letter to the resident to confirm the scope of a stage 2 complaint. The resident had requested a visit, but the landlord said that it was managing contact under the unacceptable behaviour process, and it did not feel that a visit was appropriate at that time. The resident had said that she did not want to visit its office and therefore it set out its understanding of the resident’s complaint about disrepairs as follows:
1. Heating system faulty/inadequate to heat the property.
2. Leaking/overflowing guttering.
3. Faulty pump to walk-in shower – water was running into the hallway.
4. Toilet was not flushing properly.
5. Damage to front door.
6. Ongoing external drainage issues.
7. It confirmed the resolution the resident wanted was to move and also for the repairs to be completed.
On 13 December 2021, the resident sent a letter to the landlord, very dissatisfied with the situation and requesting to move. She commented that the property was neglected and dirty when she moved and described her health issues. She mentioned the faulty pump, a cupboard full of lager cans and other issues that she did not specifically itemise.
On 15 December 2021, the resident sent a letter to this Service. She stated that she was unable to move, her health was not good, and the landlord should carry out the repairs. She made reference to the heating being old and the pipes rusty, the shower noisy, damp in the hallway, the front door did not fit and the walkway under the window had dropped, causing water to pool. She also made reference to urine stains on the bathroom and bedroom door.
On 14 December 2021, this Service sent the landlord a final request for action letter, asking it to escalate the complaint. The following day, another letter was sent requesting it provide its final complaint response by 21 January 2022.
On 12 January 2022, the landlord sent its stage 2 (appeal) letter to the resident, stating it had investigated her complaint and concluded as follows:
1. Disrepair/property condition – it had responded to repair requests in a reasonable time and operatives had consistently found no issue upon attendance, giving examples of the heating and shower. It also gave examples of reports of blocked rainwater gullies that had been completed and said that it was working with its contractor to ensure the repair to gaps around the back door was actioned. It did not uphold this part of the complaint.
2. Complaint handling – it was evident since the stage 1 response in May 2021 that efforts had been made to provide the resident with support to help her feel more positive in her home, but it recognised that communications with her about the complaint status and options for escalating could have been better. It noted that the resident felt she had escalated the complaint to stage 2 in August 2021 and it missed an opportunity at that point to clarify the ongoing concerns and status of the complaint. It also stated that more timely contact should have been made following the Ombudsman’s approach in October 2021. It apologised for the service failure, and it offered the resident £100 compensation.
3. It confirmed that it could not assist with a direct offer of rehousing, and it suggested she work with its officer to consider the home choice process. It offered a visit with an independent customer (in her capacity on the complaints customer panel) along with one of its officers as it was keen to rebuild a relationship and assist with ongoing issues.

Summary of events after landlord’s complaints process

On 9 March 2022, the landlord received a drainage condition report following works carried out by its contractor. This report has not been provided to this Service.
Various correspondence took place between the resident and this Service about the complaint. The resident gave the complaint history and made reference to specific issues from the start of her tenancy. She explained her dissatisfaction with her new home in relation to poor cleanliness, water in the hall, radiators that she described as being rusty and wallpaper that was coming off. She reported that the landlord came out and took photographs and commented that it was a disgrace and then a couple of days later, she received a letter from it about her inappropriate behaviour.
On 6 May 2022, the landlord confirmed that the property was inspected. In an internal email from its technical surveyor, it confirmed that damp issues were probably caused by plaster bridging, and it had raised an order to check this and remedy. It then went on to say that after checking with the pinless protimeter, it was not damp. It gave a list of jobs raised as follows:
1. Front door – supply and fit external draught excluder to frame.
2. Hall – wall from front door and radiator wall – remove skirting, clear away and check plaster bridging and remedy.
3. Plaster patch skim to area where wallpaper was torn next to the door reveal.
The landlord carried out a further inspection on 16 June 2022 and provided its comprehensive assessment on all the issues the resident had previously raised. A brief description is outlined below:
1. The door was in a reasonable condition.
2. It was supplying an additional switch for the hallway light.
3. It confirmed that damp staining was likely to be condensation and it was ordering a larger radiator in the hall, noting no smell of damp.
4. It confirmed the shower and toilet were working correctly.
5. It raised an order to remove a trip hazard on the step in the path.
6. Trees – it advised the resident that it would not cut the trees unless they were diseased or growing too close to the building and noted they appeared to be healthy, growing approximately 8 metres from the property and adequate daylight was reaching her home.
7. Rats – it confirmed there was no sighting but if they were getting into the property, it would take action.
On 27 September 2022, the landlord sent the resident a letter in relation to her recent contact about the warmth of her home. It noted that the heating was working correctly and referred to visits in 2018 to carry out temperature and humidity monitors (albeit the Ombudsman notes that the resident did not move into her home until 2021).

Assessment and findings

The landlord’s handling of the condition of the resident’s new home and ongoing repair issues

The landlord is of the opinion that the lettable standard was met on the property, and it has provided a copy of its void paperwork to demonstrate that that this was the case.
The resident raised concerns about some outstanding repairs from the start of the tenancy and the landlord demonstrated that it acted upon the concerns by inspecting the property within a reasonable timeframe, 2 weeks after the tenancy began.
Whilst there is no record of the inspection, the landlord has provided an internal email that it sent the following day when it answered specific points raised by the resident about the steps, handrail, a hole in the floor/skirting, the porch, empty beer bottles left at the property and a smell. It confirmed that no work was required but it is unclear if, or how, this was communicated to the resident at that time.
Between February 2021 and January 2022, around 70 individual repairs were ordered for the property. These mainly related to the heating, door, drains, security light, gutters and the shower. On each report, the landlord has demonstrated that it attended the repair within a reasonable timescale in accordance with its repairs policy for urgent and non-urgent works.
However, is evident that there were repeated repair reports, mainly in relation to the heating, drains, toilet, door, gutters, security light and shower. Whilst did not establish a fault that needed to be repaired, at times works were carried out. The landlord’s comprehensive repairs log details the work carried out for instance to the toilet, drains and door.
Some repairs did take longer to complete but it appears that these were instances where the landlord considered the work on a planned basis. For example, the installation of the external soakaway was carried out slightly outside of its 6-month timescale but still within a reasonable timeframe for this extensive type of work.
In May 2021, the resident raised a formal complaint, expressing her dissatisfaction with her new home. Repairs continued to be reported and actioned and the landlord recognised the resident’s difficulties in settling into her home. It acted appropriately to ensure support was put in place that included visits and regular phone calls to her.
In August 2021, the landlord carried out a visit with the resident’s social worker and, at that time, only 2 repair concerns were raised that involved the outside path and the shower. The landlord had already acted upon these concerns by raising an order for a ‘soakaway’ to be installed to the path and it had previously checked the shower on a number of occasions. Nevertheless, it did raise another order for the shower in September 2021 and it was found to be working correctly. This was a reasonable approach and demonstrated that the landlord was resolution-focused.
Around this time, the landlord sent the resident a letter about inappropriate behaviour, her repeated contacts and excessive repair reports. It listed 16 reports where no issue had been found. This letter apparently added distress to the resident’s situation and despite her requesting a visit, the landlord did not feel this was necessary, because it classed the resident’s behaviour as inappropriate. Although relations had become strained and the refusal to visit the property may have represented a missed opportunity, the landlord did continue to raise and attend to individual repairs reports.
It is evident that the list of repair concerns has grown over time, and not all issues were identified at an early point. It appears that the new issues of rats, a faulty kitchen sink, damp, a loose fireplace loose and problems with trees were not reported until August 2021. However, the landlord has failed to demonstrate that it actioned these reports at that point. Although the range of repairs reports likely made managing these difficult, his was a missed opportunity for the landlord to act upon the additional resident concerns and satisfy itself that it had fully considered them all.
The landlord summarised its understanding of the resident’s stage 2 complaint in December 2021 and the additional repair reports of August 2021 were not fully part of this summary. Whilst the resident did not raise concerns, and support contacts continued, it would have been appropriate for the landlord to have arranged a condition survey in August 2021 to reassure itself that it was dealing with the full list of outstanding issues. This was especially important given that some reports were unclear, and the resident had a growing list of concerns.
The resident continued to make contact with the landlord, clearly distressed that the repairs were not getting resolved and she described the impact this was having on her health. Whilst this Service cannot assess the impact of health conditions, it is clear that the resident continued to struggle with issues in her home and the landlord’s delayed response to some of the issues, in particular the damp report of August 2021, is of concern given the resident’s vulnerabilities.
The resident did not receive her final complaint response until January 2022 and even then, all the issues reported in August 2021 were not acknowledged or actioned. It was not until the recent inspections of May-June 2022 that a comprehensive list of repairs was produced. This is of particular concern considering the landlord has made reference to damp and other concerns continuing to be reported after the landlord’s complaint process had ended.

The landlord’s handling of the complaint

In early May 2021, the resident raised a complaint and the landlord acted appropriately by responding within 7 working days in accordance with its customer feedback policy.
The resident then escalated her complaint in August 2021 when some new issues were raised. However, the landlord delayed in responding to the resident and this Service had to intervene, sending request for action letters and this situation no doubt caused the resident additional distress and inconvenience. It likely caused uncertainty to her as to how the landlord intended to address her complaint.
The landlord sent its final response letter to the resident in mid-January 2022, 5 months after her escalation request. The landlord did recognise its service failure in relation to its communications, its delay and noting that it had missed an opportunity to clarify the ongoing concerns and status of the complaint from an earlier point.
It apologised for this and offered the resident £100 compensation. Given the 5-month delay and the impact this had on the resident in relation to the distress and inconvenience, it would have been appropriate for the landlord to offer a higher level of redress. This level of compensation was within a range that the Ombudsman would consider appropriate for a failing of a short-term duration.
The landlord did recognise the need to rebuild relations and it demonstrated a proactive approach at this point with an offer of a visit with an independent person from its customer panel to work with its officer and the resident. It is unclear if the resident accepted this offer.

Determination (decision)

In accordance with Paragraph 52 of the Scheme, there was service failure in relation to the landlord’s handling of the condition of the resident’s new home and ongoing repair issues.
In accordance with Paragraph 52 of the Scheme, there was service failure in relation to the landlord’s handling of the complaint.

Reasons

Although the landlord checked the property was of suitable condition prior to letting and generally responded within reasonable timescales to repair reports, it missed opportunities from August 2021 to undertake a full property survey. This caused a 9-month delay in it addressing all of the resident’s repair reports and communicating effectively to her.
The landlord delayed in responding to the resident at stage 2 of its complaints procedure and whilst it offered some redress, this was insufficient given the 5-month delay the resident experienced.

Orders

Within 4 weeks of this report, the landlord is to write to the resident to apologise for the distress and inconvenience caused to her by the service failures identified in this report.
The landlord to pay the resident compensation of £500 (including the £100 it had already offered the resident if it has not already done so) made up of:
1. £250 in recognition of the distress and inconvenience caused to her by the failures in its handling of ongoing repair issues;
2. £150 for the delayed stage 2 complaint response.
Within 4 weeks of this report, the landlord to confirm to the resident and this Service the outstanding work at her home (if any) and provide its action plan including timescale for completion of works.
The landlord should reply to this Service with evidence of compliance with these orders within the timescales set out above.