The Guinness Partnership Limited (202115088)

REPORT

COMPLAINT 202115088

Guinness Housing Association Limited

29 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

1. The complaint is about the landlord’s handling of the resident’s reports of leaks coming from skylight windows into her home.

Background

2. The resident held a tenancy with the landlord.
3. On 1 September 2021, the resident contacted the landlord to report that she was still having problems with skylight windows at the property, despite her raising the same issue twice in the previous year. The landlord confirmed that its contractor would attend to inspect the problem later that week.
4. On 27 September 2021, the resident contacted the landlord to raise a stage 1 formal complaint. She said that her bedroom and kitchen skylights had been leaking for years and that she kept being told it was a condensation issue, but that she did not think this was the case as they only leaked when it was raining. The resident also raised an additional complaint about a communal stairway not being repaired, and a lack of responses from the landlord to her complaints about it. The landlord responded on the same day and told the resident it would send its contractor to attend the property and determine how best to resolve the issues.
5. On 29 September 2021, the contractor attended the property and took pictures of the affected window areas and removed moss from them. The contractor reported back to the landlord that they had taped a towel over the resident’s bedroom window to catch drips, that there was “no cure” for the problem, and that she needed “new reflux windows”.
6. On 7 October 2021, the landlord replied to the resident’s stage 1 complaint.  It said it would need to carry out further investigations, including a detailed roof inspection. It also told the resident that although many of the call outs to her had been reported as leaks, the contractor confirmed that it was in fact severe condensation due to the windows being made of steel.
7. Additionally, the landlord told the resident that because the property was grade II listed, other councils would not let it change the windows unless they were like for like, which would not solve the issues she had been experiencing. With these factors in mind, the landlord told the resident it would determine how best to fix the problem.
8. On 13 October 2021, the resident asked the landlord to escalate her formal complaint to stage 2 of its complaints process.
9. On 10 December 2021, the landlord issued its stage 2 response to the resident. It explained that following extensive inspections, it had determined the windows at the property were watertight, and that the issue was being caused by severe condensation. It reiterated that the building was grade II listed and that any changes to the windows would need to be agreed by other councils, which it said they were unlikely to agree on. It also said it was in the process of investigating the feasibility of changing the windows. Regarding the communal stair issue and associated complaint handling, the landlord upheld that part of her complaint, and awarded the resident compensation for delays, and distress and inconvenience.
10. The resident remained unhappy with the landlord’s response to her complaint about her windows, and brought it to the Ombudsman, where it was duly made on 2 March 2022. As of 21 July 2023, the resident has told the Ombudsman that the problems with her windows are still ongoing.

Assessment and findings

Scope of Investigation

11. Although it is noted that the resident first raised concerns about the windows with the landlord in 2020, this investigation has primarily focused on the landlord’s handling of the resident’s recent complaint from September 2021, and the landlord’s subsequent responses. This is because there was over a year’s gap between the resident reporting an issue prior to March 2020, and raising her complaint in September 2021. 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.
12. Additionally, in her stage 1 complaint to the landlord, the resident raised issues with outstanding communal repairs, and the landlord’s complaint handling relating to them. These issues were addressed and resolved satisfactorily by the landlord. Subsequently, when the resident brought her complaint to the Ombudsman, it was solely about the landlord’s handling of her reports of leaking windows, and that is the focus of this report.

Repairs

13. The landlord’s responsive repairs policy states that it will aim to fix routine repairs within “28 calendar days, or sooner” if it can.  The resident raised a stage 1 complaint to the landlord about the windows in September 2021. Following inspections of the windows around October 2021, the landlord confirmed that the windows were not leaking, but were prone to excessive condensation due to being made of steel. It also told the resident that it would “bring in a window specialist” to determine if the surface temperature of the windows could be improved retrospectively, to reduce the condensation.
14. The landlord itself noted that because the building was grade II listed, replacing the windows would not be possible due to planning regulations, and it explained this to the resident, which was appropriate for it to do in the circumstances. However, guidance from Historic England on listed buildings states that actions can be taken to resolve moisture problems, such as fitting “secondary glazing” or “trickle vents”. It also states that window specialists can be appointed to see what actions can be taken to improve the surface temperature of steel windows, to reduce condensation.
15. From the information provided, it is unclear whether the window specialist attended, or if they did, what their findings were, and what action was taken to resolve the issue. It is also unclear whether other actions to solve the issue, such as those set out above, were considered by the landlord. This was despite the landlord’s suggestion it would seek a resolution for the resident. As of July 2023, the resident has confirmed they are still having problems with condensation from the windows. This means that repairs were not completed within the landlord’s own timescales, which was a failure by the landlord.
16. The landlord also told the resident it was unlikely the relevant councils would agree to any changes to the building, but that it was in the process of investigating the feasibility of changing the windows. There is no information available to show what the landlord’s investigation process was, or whether it met with these councils to discuss the problems the resident was experiencing, and what could be done to resolve them.
17. Additionally, the landlord’s own website states that if a resident is experiencing condensation, it will “treat the immediate problem and identify other actions needed to help prevent damp.” The landlord’s contractor had noted that they put a towel across the window to prevent condensation from dripping into the room. This was not treating the problem, and no action was taken afterward to prevent the problem from reoccurring, despite the contractor reporting that the resident needed new windows in September 2021.
18. The landlord’s responsive repairs policy also states that where it is not possible to complete a repair on a first visit, it will “communicate clearly with [the resident] explaining why the repair cannot be completed at the first visit, what [the landlord] intends to do and what should happen next, including when [the landlord] will return to complete the repair.”
19. The landlord’s records show that when its contractor attended the property in September 2021, they had noted that new windows would be needed. The works were recorded as completed by the contractor, with no follow-up raised. The landlord then had to query this with the contractor, as it was unclear on what works they had completed, other than putting a towel across the resident’s bedroom window to prevent the condensation from dripping. The landlord was also unclear on when they would be following up on the issue. It also noted that the resident continued to chase it for an update, as she was also unclear. This was an example of poor communication from the landlord to the resident about what actions were being taken to resolve the issue.
20. The landlord therefore did not take all of the actions required in response to the resident’s reports of leaks in line with its repairs policy. As a result, the landlord has been ordered below to pursue a resolution for the resident, explore available options, and keep the resident informed of its progress. It should provide the resident with an update on the outcome and the next steps in the case with clear timescales.
21. The compensation offered by the landlord in its stage 2 letter appears to relate to issues with a communal stairs repair and its associated complaint handling. No compensation has been awarded for the adverse impact that would have amounted from the ongoing leaks/condensation or its handling of this matter. This would have been appropriate given that the resident had reported to the landlord that water ingress from the windows was dripping onto her bed, and had started to stain the bedroom walls, impacting the resident’s enjoyment of the property.
22. Additionally, the landlord had told the resident it would look for a solution to the problem, but no solution was actioned in a timely manner. The landlord had noted it was unlikely to get permission from other councils to change the windows at the property, but there is no indication that it ever attempted to have this conversation in an effort to get the issue resolved for the resident. As a result, the problems with the resident’s windows have taken longer than they should have to resolve, as per its own repairs policy. This was a further failure by the landlord.
23. In light of the above, the landlord has been ordered to pay the resident £600 in compensation. This is in line with its own compensation guidance for “issues that have taken a long time to resolve, resulting in inconvenience and a demonstratable impact on [the resident].” It is also recommended to review its staff training needs in regard to handling leak reports, and record keeping, to stop the landlord’s failings in the resident’s case from reoccurring.

Determination

24. In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in its handling of the resident’s reports of leaks coming from skylights into her home.

Orders and recommendations

25. The landlord is ordered to:
    1. Pursue a resolution for the resident, and to keep the resident informed of its progress, with an update on the outcome and the next steps. It should write to the resident to set out how it intends to approach this.
    2. Pay the resident £600 for any distress and inconvenience caused to the resident by its failure to remedy her leak problem.
26. The landlord should comply with the above actions within four weeks of receiving this determination.
27. It is recommended that the landlord review its staff’s training needs in relation to handling, recording and progressing reports of leaks, in line with its repairs policy.