Tower Hamlets Homes (202220160)

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REPORT

COMPLAINT 202220160

Tower Hamlets Homes

27 March 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 the resident’s concerns regarding repairs required to the stop valves.

Background

  1. The resident is a leaseholder, and the landlord is a local authority. The property is a 3-bedroom flat on the first floor within a block of flats.
  2. For the purpose of this investigation, this Service will refer to the resident’s representative as the resident.
  3. On 28 June 2022, the resident reported to the landlord he was having issues with running water in the property. The resident wanted the internal stop valve changed as it was not in good condition due to its age. He arranged with the landlord’s contractors to carry out the repairs required, but first he paid for the contractor’s attendance and block shutdown. The initial appointment was booked for 30 June 2022. On 5 July 2022, the resident called the landlord and said its contractors had been unable to complete the repairs and he was awaiting a full refund.
  4. The resident complained on 12 July 2022. He told the landlord its contractors attended the repairs to the internal stop valve on 2 separate occasions, and were unable to locate the external stop valve, required to repair the internal stop valve. He then cancelled the repairs with the contractors and a refund was processed. He felt despite contacting the landlord for a solution, its staff had not replied to emails and phone calls. As a result, he hired a private company to locate the external stop valve, which was inside the garden of the neighbour’s flat below his property. In his complaint, he wanted an answer as to why the external stop valve was located in the neighbour’s flat and details of any arrangements with the neighbour, as he was concerned with its location. He also wanted compensation for his experience.
  5. The landlord had discussed the complaint with the resident on 15 July 2022 over the phone. It sent its stage 1 complaint response on 26 July 2022. It told him that it could not disclose details of his neighbour’s lease. It advised that when the building was originally structured, there was no separation between the flats. All the flats have internal stop valves for emergencies. However, in order to repair his internal stop valve, the external stop valve needed to be turned off, but access could be arranged. It also noted it would not move the external stop valve as there was no fault or repairs required.
  6. The landlord also provided justification in the stage 1 complaint response that its contractors were new to the area and unfamiliar with its stock of properties. Since the complaint, the contractors had been informed of the location of the external stop valve. It told the resident an appointment to repair the internal stop valve could be made and that it was his responsibility under the leasehold to repair this. Its contractors had issued a refund and it said it did not cause any delays.
  7. The resident was not satisfied with the response and escalated his complaint on 2 August 2022. He was unhappy that contractors had attended twice and were unable to locate the external stop valve and the contractors customer service.
  8. On 18 August 2022, the landlord sent its final complaint response to the resident. It said any repair work that he arranged directly with the contractor was his responsibility. When its contractors attended on 30 June 2022, they found he had running water in the property. Its contractors had refunded him for the initial payment made for the internal stop valve repair. It reiterated its contractors now knew where the external stop valve is. If repairs were still needed, its contractors were waiting for confirmation from him.
  9. The resident remained unhappy with the landlord’s response on the matter. He referred the complaint to this Service on 30 November 2022. He told this Service he wanted to be compensated £300 for acquiring the repair services of a different firm after having issues with the landlord’s contractors.

Assessment and findings

Policies and procedures

  1. Under the terms of the lease, the resident must maintain and renew sanitary, water, gas, and electrical apparatus. As well as drains, pipes, and wires. The landlord is to keep in good and substantial repair the water mains, waste pipes, and sewage ducts. It is also responsible for other external parts of the building.
  2. This is echoed in the landlord’s repairs policy, as the resident is responsible for all repairs to internal building components (including kitchens) and all services inside the property including pipework and the stop valve. Whereas the landlord will undertake repairs where there is a contractual or other legal obligation. The landlord is responsible for maintaining the structure, common parts, and supply of services to each flat.
  3. Additionally, the landlord provides a document to its leaseholders, which states its staff, or its contractors have the right to enter properties to carry out inspections, repairs, and maintenance works. This includes communal services. It aims to give residents at least 48 hours’ notice before attempting access, but in the event of an emergency it may force entry.

The resident’s concerns regarding repairs required to the stop valve

  1. This Service acknowledges the resident is unhappy about the location of the external stop valve. The landlord explained to him the background as to why it is located in a neighbour’s garden. Also, as the stop valve was functioning, it would not consider moving the stop valve elsewhere. Under the provisions of the lease, it also has right to access properties in an emergency. As such, it is unreasonable to expect the landlord to change the location of the external stop valve.
  2. Further, it is not disputed between the resident and the landlord, that it is the resident’s responsibility to repair the internal stop valve and that its contractors did not initially know the location of the external stop valve.
  3. What remains a concern for the resident is that the landlord had caused him inconvenience and has not acknowledged the delays caused, and effort expended by him. He also feels he should be reimbursed £300 for hiring a different company to locate the external stop valve and carry out the repairs. He told this Service that there was running water at the property, but not sufficient amounts, so there was not a total loss. It was appropriate that when its contractors attended the property on 30 June 2022, they confirmed he had running water.
  4. The Ombudsman expects the landlord to have communicated clearly with all parties. From the information provided, the resident would have been unable to carry out the repairs to his internal stop valve without informing the landlord, as he needed to turn off the external stop valve to do so. Therefore, the resident would not have solely been able to carry out work to the internal stop valve without the landlord’s co-operation and organising a block shutdown. By it not telling him or its contractors the whereabouts of the external stop valve, it was unfair and unreasonable in its communication. This led to the resident experiencing delays which caused him inconvenience.
  5. The landlord failed to evidence that its information and data management was appropriate in the circumstances. The resident reported issues on 28 June 2022. Although a block shutdown was arranged after his reports, it has not evidenced that it communicated with the neighbour to arrange access to the external stop valve. Also, had it told the resident or its contractors the location of the external stop valve at the outset, it would have assisted the resident in repairing his internal stop valve at the earliest opportunity. Instead, after 5 working days, he had expended time and trouble in calling it and the contractors, requesting a refund, and procuring a different firm to locate the external stop valve and carry out the repairs to his internal stop valve. It is also unclear from the evidence when its contractor attended the second time.
  6. The Ombudsman’s spotlight report on ‘leasehold, shared ownership and new builds’ published in September 2020, sets out that landlords should ensure the correct contractors attend with sufficient tools and training. This is so they can undertake the repair in question. As it was unable to complete repairs on 2 occasions, it was fair that its contractors had refunded the full £360.16 payment to the resident. Additionally, in its complaint responses, it had only demonstrated that its contractors were new and unaware of the external stop valve location but had since been told. Although there was some learning evidenced, it had failed to ensure its contractors attended with the correct training and all relevant information was recorded accurately. This left the resident feeling disappointed with the customer service received by its contractors, which was unfair in the circumstances.
  7. Overall, it would be unreasonable to expect the landlord to reimburse the resident for the costs of the repairs to the internal stop valve, as ultimately it was his responsibility. However, as above there had been poor communication and poor record keeping by the landlord regarding the external stop valve. This caused the resident inconvenience and time and trouble, as he was reliant on locating and accessing the external stop valve. As such, this Service finds service failure in its handling of his concerns regarding repairs required to the stop valves. Orders have been made which take into consideration the resident’s experience in line with the Ombudsman’s remedies guidance.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the resident’s concerns regarding repairs required to the stop valves.

Orders

  1. Within 4 weeks of the date of this determination, the landlord is to:
    1. Apologise to the resident for the service failings identified in this report.
    2. Pay directly to the resident’s bank account, £50 in compensation for the time and trouble, and inconvenience experienced by the resident in its handling of his concerns regarding repairs required to the stop valves.
  2. The landlord is to provide this Service evidence of compliance with the above orders.