Wandsworth Council (202317965)

REPORT

COMPLAINT 202317965

Wandsworth Council

7 January 2025

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 and subsequent repairs.

2.             The Ombudsman has also considered the landlord’s record keeping.

Background

3.           The resident is a secure tenant of the landlord. At the time of the complaint, she lived in the property with her young son, who the landlord was aware had disabilities. The resident was also pregnant.

4.           On 7 February 2023, the resident complained to the landlord and expressed her concerns to the landlord regarding ongoing repairs for a leak in the chimney breast of her bedroom. She said that the repair work had been underway since September 2022. Due to her pregnancy, she requested that the repairs be completed by March 2023 and said that if the repairs were not finished by that time, she would need to seek temporary accommodation.

5.           In March 2023, the landlord completed a damp and mould survey, which revealed widespread damp on the chimney breast, adjacent wall, and left-hand side of the front elevation. The survey also found defects in the exterior elements of the property, which it said was “almost certainly” the source of the problem and a leak detection was required.

6.           On 23 March 2023 the resident sent another email to the landlord after not receiving a response to her previous complaint. She highlighted that she was 9 months pregnant and had been forced to sleep in her son’s bunk bed due to ongoing repairs in her bedroom. This situation had resulted in severe back pain, which her GP had confirmed. Since September 2022, they had been living out of bags because of the continuous repairs. She expressed her willingness to move into temporary accommodation until the repairs were completed.

7.           On 1 April 2023 the resident went to stay with her friend on a temporary basis.

8.           On 24 April 2023 the landlord issued a stage 1 response. The landlord apologised for not logging her complaint of 7 February 2023. It confirmed a designated officer would oversee the necessary repairs moving forward. The landlord confirmed that although roofing work had been completed in November 2022, the underlying cause of the leak had not been resolved.

9.          To address the situation, the landlord agreed to credit £2,500 to the resident’s rent account and to suspend further charges while the resident was not living in the property. Additionally, the landlord offered £400 as compensation for the inconvenience caused. It outlined steps to move forward, which included obtaining quotes for the necessary repairs.

10.      On 17 August 2023 the landlord confirmed that the external works had been completed and that the resident could return to the property. It also stated that the internal works would be finished while she was living there. The resident did not move back into the property as she wanted internal works completed before she returned.

11.        An inspection conducted on 21 August 2023, revealed high moisture levels and damp on the walls. The landlord offered the resident temporary accommodation outside the area, which she declined. On 30 August 2023 she informed the landlord that she had been staying in her car.

12.      The resident escalated her complaint on 24 August 2023 because she had said she had to chase the landlord in early June regarding repair progress. She mentioned that a recent visit had found the same problems as previously identified – high moisture levels, which had delayed remedial works. She said the landlord had not considered offering her temporary accommodation until the repairs were completed.

13.      The landlord’s stage 2 response acknowledged that it had failed to establish the root cause of the ongoing ingress. It apologised for not updating the resident and for not completing a thorough inspection of the property before saying that the resident could return home.

Events after the completion of the landlord’s complaints process

14.       The landlord offered the resident temporary accommodation on 12 September 2023 which she accepted.

15.       The resident informed us in November 2024 that she is still living in temporary accommodation with her two children, the youngest of whom was born in April 2024. She has expressed uncertainty about when she will be able to return to her home. The resident has requested an investigation into the landlord’s handling of the situation.

Assessment and findings

Scope of investigation

16.      The resident has reported that leaks have persisted for several years. Residents are encouraged to report issues promptly, allowing landlords to address them while evidence remains available. As time passes, it becomes harder for landlords or the Ombudsman to evaluate actions taken.

17.      Therefore, this report will focus on events from September 2022, when the most recent work order for the resident’s property was initiated and will consider events after the completion of the complaints process as repairs remained outstanding.

Policies, procedures and legislation

18.       The landlord is responsible for maintaining the property’s structure, including investigating reports of leaks and resolving the issue. According to the Landlord and Tenant Act 1985, the landlord must also repair and maintain the roof and external structure.

19.       The Ombudsman’s Spotlight report on repair complaints, published in 2019, outlines best practices for landlords, including defining repair responsibilities, completing work on time, updating residents, monitoring repairs, considering compensation, and identifying service improvements.

Assessment

20.       In September 2022, the landlord initiated repairs to plaster the hallway, stairs, landing, and both bedrooms after the resident reported persistent cracks, damp, and mould following a leak. The repair work was completed around November 2022. The remedial works to plaster and redecorate were premature, as the landlord had not identified the root cause of the leak at this stage.

21.      In November 2022 a ventilation survey was commissioned to assess the potential cause of the leaks. The survey’s findings indicated that the cold-water storage tank and its accompanying pipework in the loft should be removed, as these elements were suspected of contributing to the ongoing leak issues.

22.      Following these recommendations, work commenced, and the cold-water storage tank and pipework removal was successfully completed in January 2023. In February 2023, a new mechanical extraction ventilation system was installed in both the bathroom and kitchen to improve air circulation and decrease excess moisture. While these steps were reasonable and identified as necessary for improving the property’s overall ventilation, it is important to note that the root cause of the leak had not yet been identified or resolved, leaving underlying issues unaddressed.

23.       On 7 February 2023 the resident contacted the landlord to express her growing concern over the unresolved repairs, which had been in progress since September 2022. She recounted her difficult situation, due to persistent leak in her bedroom, she had no choice but to sleep in her son’s bunk bed. As a pregnant woman with her baby’s arrival expected in April, she emphasised the urgency of her request, asking that the necessary repairs be finalised by March 2023. She acknowledged that delays could happen, but she expressed her need to find temporary housing if the repairs were not finished by the deadline. It is understandable that this situation caused concern and distress, especially with the impending arrival of a new baby and the disruption the repairs would cause. There is little evidence that the landlord sought to reassure her or discuss further options to alleviate her concerns at this point.

24.      The landlord made reasonable attempts between 28 February and 13 March 2023 to trace the source of the leak. This included stripping the roof and renewing the battens, felts and defective slates. On 13 March 2023 a damp survey indicated defects in the exterior were the source of the problem and it recommended carrying out a leak detection. These were appropriate steps aimed at tracing and remedying the leak. However, given the reports and historical records indicating that these issues had been ongoing for some time and that the contractors were at the “limit of their technical knowledge”. We would have expected the landlord to have instructed a specialist at an earlier opportunity. If it had done so, it might have reduced some of the disruption experienced by the resident.

25.       On 1 April 2023 the resident decided to temporarily move in with friends because the repairs to her home had not been completed. This decision was particularly difficult for her, as she had to consider the needs of her eldest child and was pregnant. The landlord’s essential repair transfers policy says that any repair that cannot be carried out with the household in occupation or if the property is unsafe for occupation will be considered for a move. It adds that staying with friends or family should be encouraged if it is convenient and safe to do. The landlord has not evidenced that it discussed the resident’s housing options or whether it would consider offering her temporary accommodation given the circumstances.

26.      The essential transfers policy states that the housing manager will determine if a short-term move is necessary based on an inspection or home visit. However, there is no evidence that such an inspection occurred to assess whether the resident needed to move out. If the landlord believed the resident did not need to relocate, it should have explained how it could modify its services to minimise her disruption. The living situation likely caused significant stress.

27.      The resident asked that her rent account charges be suspended while not living in the property. It was appropriate for the landlord to accommodate her request. In its stage 1 complaint response in April 2023, the landlord detailed that it had credited the resident’s account with £2,500, demonstrating a commitment to alleviating her financial burden. Additionally, the landlord provided her with a direct payment of £400 as compensation for the inconvenience she had faced. This helped acknowledge the situation’s negative impact on her overall well-being during that time.

28.       Despite the assurances provided to the resident regarding direct communication with the officers responsible for overseeing the repairs, there is a lack of evidence to suggest that this arrangement led to a prompt and efficient resolution. Furthermore, it appears that the resident did not receive regular or timely updates on the status of the repairs, leaving her uninformed about the progress. This lack of communication contributed to the resident’s frustration and uncertainty regarding the repair process which was evidenced in her escalation request that she had “no timeframe [for the landlord to complete] repairs” or a schedule of works despite her requests.

29.       Four months later, on 17 August 2023, the landlord said that the external repairs to the property had been completed. The resident was advised to move back in while the remaining internal repairs progressed. However, the resident hesitated to return to the property until all internal works were finished, given the previous challenges and delays associated with the repairs.

30.      The evidence confirms that the resident’s concerns were validated during the landlord’s inspection on 21 August 2023. Although the landlord has not provided any report or findings from this inspection, the evidence shows that excessive moisture levels were found in the bedroom, and the walls were damp. As a result, the ongoing issue remained unresolved despite the landlord’s assurance that the external work had been completed. The landlord later acknowledged that a thorough inspection of the work had not been conducted, which would have revealed that the problem persisted.

31.       Unsatisfied with the lack of timelines for completion and the need to chase updates, the resident escalated her complaint on 24 August 2023. Despite her repeated requests for a schedule of work and reports, these were often delayed or not provided.

32.       Additionally, the resident said the landlord had not considered offering her temporary accommodation while the repairs remained outstanding. The events surrounding this situation are unclear, making it difficult to ascertain exactly what transpired. Nevertheless, the evidence shows that the resident was offered temporary accommodation some distance from her child’s school. The landlord’s essential transfer policy states that it will try to take into account the resident’s areas of preference where there are good reasons, it cannot guarantee to meet their requests in every instance. Ultimately, she refused this offer, due to concerns over the distance and its impact on her child’s daily routine.

33.       On 3 September 2023 the resident contacted her local councillor for help. She confirmed that the landlord contacted her on 30 August 2023 to ask about her living arrangements. On 6 September 2023 the councillor intervened, emphasising to the landlord that it was unacceptable for a mother, especially with young children, to live in her car. The landlord responded to the councillor on 18 September 2023 and confirmed that the resident had “raised the issue of her accommodation and temporary rehousing.” It also confirmed that it had asked the temporary accommodation team to see if alternative accommodation closer to the resident’s network could be secured.

34.      The evidence shows that an alternative offer of accommodation was made to the resident on 12 September 2023, even though it had been alerted to the issue on 30 August 2023. Despite this, the landlord offered no immediate help or solution, which is a significant concern given the seriousness of their situation and the well-being of her children.

35.       In its stage 2 response, the landlord recognised that, despite ongoing efforts to address the leak, the situation had proven to be more complicated than initially anticipated and required considerably more time to accurately identify the root cause of the problem. Furthermore, the landlord admitted that a comprehensive inspection of the property should have been conducted before confirming that the resident could return to the property in August 2023.

36.       The landlord’s stage 2 response failed to acknowledge that, by September 2023, the resident had already been displaced from her home for 5 months. Furthermore, it did not provide any reassurance about when she might be able to return, which was understandably her main concern. The response should have included a clear outline of the necessary repairs, a specific timeline and an estimated completion date as highlighted as best practice in our Spotlight report on repairs. Such information would keep the resident informed and help manage her expectations—a responsibility the landlord has consistently failed to uphold throughout this investigation.

37.       The complexities of the repair history were significant, illustrating a pattern of delays, repeated inspections, failures to accurately identify repairs in its oversight and management and miscommunication that persists to this day. The landlord needed to ensure the leak was completely repaired and the property was suitable for the resident to return. By neglecting to address these necessary steps, the landlord failed to fulfil its repairing obligations. Further, the landlord diminished the resident’s confidence in adequately addressing and resolving what had become a lengthy and frustrating repair process. The lack of effective communication and follow-through exacerbated the situation, leaving the resident feeling unsupported.

38.       In its stage 2 response, the landlord recognised that the complaint presented an opportunity to improve its operational processes and emphasised the importance of having its officers seek specialist reports for repairs more promptly. Despite this acknowledgement, the repairs remain outstanding over 2 years later. These delays evidently caused significant distress and inconvenience to the resident and her young family. Overall, there is evidence of the landlord failing to address the leak and manage and oversee the investigation. The landlord’s cumulative failings are serious and constitute severe maladministration because of its failures over a significant period which have had a seriously detrimental impact on the resident.

39.       The landlord has no compensation policy, but it has confirmed that compensation is awarded in line with our remedies guidance. The landlord awarded compensation at stage 1 of its complaints process in April 2023, which was reasonable at that point.

40.       We have carefully considered the situation regarding the resident’s relocation from the property in April 2023, which led to significant distress and inconvenience for her and her children. The prolonged delays in completing much-needed repairs have added to her difficulties, resulting in her absence from her home for a substantial period of at least 20 months.

41.       In light of these challenges, we have determined a compensation amount based on the extent of the unresolved repairs and the distress and inconvenience caused. Specifically, we will award £50 for each month that the repairs have remained incomplete, from April 2023 to December 2024. This totals £1000.

42.       The landlord’s handling of the situation is particularly concerning, especially given the family’s vulnerabilities and health needs. Its response has been inadequate, and the evidence strongly suggests that it has increased the resident’s distress and inconvenience. The landlord failed to provide timely and clear information about the repair timeline, delayed the offer of temporary accommodation, and did not sufficiently acknowledge the significant impact its actions had on the resident and her family. As a result, we are awarding an additional £1,000 for the distress and inconvenience caused between April 2023 and December 2024.

Record keeping

43.       The landlord’s repair records have made determining which repairs were completed difficult. Some of the provided records are incomplete, hindering our ability to track the timeline of events. For example, the record dated 22 August 2023 is cut off, preventing us from fully understanding the variation comments and the sequence of events.

44.       Furthermore, the landlord has not supplied contemporaneous evidence of inspection reports and visits conducted by its staff or contractors. This lack of documentation hampers our ability to assess the reasons for the repeated reports and inspections. Given the multiple visits by repair teams, the repairs were not identified as early as they should have been.

45.       The Ombudsman’s Spotlight Report on Knowledge and Information Management (KIM spotlight report) was issued in May 2023. Some of the record-keeping failures in this case occurred before the spotlight report was published, and as such, it cannot be expected to have implemented the recommendations from the report. Nevertheless, the evidence provided demonstrates poor record-keeping practices by the landlord.

46.       Recommendation 13 of the KIM spotlight report states landlords should “ensure databases are easy to interrogate, and that the data can be extracted and used”. This allows staff to “easily access the information they require. This is essential for evidence-based practice and informed decision-making. Where systems can be interrogated effectively, this produces crucial insight regarding patterns, themes and potential shortfalls.”

47.        It is a failing that it does not have a record-keeping system that can easily identify communications with residents about repairs, inspection reports and communication with its contractors. The landlord’s inability to produce records that contain this level of detail indicates poor record-keeping and amounts to maladministration.

48.       The landlord’s record-keeping likely contributed to the delays in addressing the issues and resolving the complaint, leading to distress and inconvenience for the resident. To improve the situation, the landlord should improve its record-keeping practices. Additionally, staff and contractors must be familiar with and adhere to the landlord’s record management policies and procedures.

Determination

49.       In accordance with paragraph 52 of the Housing Ombudsman Scheme there was severe maladministration in relation to the landlord’s handling of the resident’s reports of leaks.

50.       In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in relation to the landlord’s record-keeping.

Orders

51.        Within 4 weeks of the date of this report, the Chief Executive is ordered to send a written apology to the resident for the failings identified in this report.

52.        Within 4 weeks of the date of this report, the landlord is ordered to pay the resident £2,000 compensation, comprising:

1. £1000 for the delays in tracing the leak and completing remedial repairs following its stage 1 response and the impact this had on the resident’s enjoyment of her home.
2. £1000 for the distress and inconvenience caused to the resident between April 2023 and December 2024.
3. This is in addition to the £400 paid to the resident as part of the landlord’s stage 1 response.
4. The money should be paid directly to the resident and not offset against any money owed unless the resident specifies otherwise.
5. If the residents’ return home is further delayed, the landlord should consider offering additional compensation using the calculation in paragraph 41 of the report.

53.        Within 12 weeks of the date of this report, the landlord is ordered to complete a senior management review of this case. As a minimum, the review must include details to show how it has considered the following:

1. Reviewing its approach to leaks to improve its leak identification processes for timely and accurate diagnoses. It should consider when to engage specialist teams to reduce repeated inspections and delays.
2. It should clarify how and when to consider temporary relocations per its essential repairs transfer policy, including assessing individual vulnerabilities.
3. How it can communicate more effectively with resident’s and whether to manage residents’ expectations about repair timeframes.