Winchester City Council (202219185)

REPORT

COMPLAINT 202219185

Winchester City Council

5 June 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 response to the resident’s concerns regarding a carpet it installed in her home.

Background

2. The resident is a tenant of the landlord who is a local council. The property is a one-bedroom, end-of-terrace house.
3. The resident downsized from another property of the landlord’s and was eligible for a downsize grant. It was agreed between the resident and landlord that the landlord would organise carpet being purchased and fitted before the resident moved in and that the cost would come out of her downsize grant. The carpet was to be dark grey, if possible. The carpet was fitted on 7 June 2022.
4. On 9 June 2022, the resident raised the issue with the landlord that she did not think the carpet had been fitted professionally and that it was fraying. She wanted to claim something back for the cost of the carpet or have it refitted. On 12 June 2022, the resident sent the landlord pictures of the carpet stating it was blue and not grey. On 16 June 2022, the landlord attended the property and reported the resident to be happy with the colour and fitting of the carpet. The only concern was how the carpet lay at the bottom of the stairs and the landlord instructed the carpet fitter to fold it differently to solve the problem.
5. The resident raised a complaint on 9 September 2022. She stated that she was not given samples to look at and was given a couple of days to make a decision. She also stated that she was given a choice of light or dark grey. She chose dark grey but explained the carpet was a “bluey-grey” and that £1,875 had come out of her downsize grant for something she did not want. She also explained the carpets had not been fitted to a proper standard and the carpet fitters had to make good the bottom step as the carpet was fraying. She also stated the carpet was fraying in other places.
6. The landlord provided its stage one response on 29 September 2022. It stated that of the two colours offered the contractor chose the darkest one and that there was blue fleck in the grey carpet. It stated that its property surveyor went out with the contractor to inspect the quality of the fitting and they both felt it was well fitted, which was discussed with the resident, and they could not see any frayed edges. It explained that if there were frayed edges it would like the resident to send it pictures. It apologised if she felt pressured through the process, but it wanted to ensure the property was ready for her in time.
7. The resident escalated her complaint on 6 October 2022. She stated she was not happy with the overall quality and colour of the carpet and she wanted to be compensated so she could have a dark grey carpet fitted. The landlord provided its stage two response on 13 October 2022. It apologised that the colour and fitting of the carpet was not to the resident’s liking and that it should have given her a choice of colours before it made the final order. It also stated that it had already made a goodwill gesture of £500 that she had accepted.
8. The resident brought her complaint to this Service because she was not happy with the amount of compensation offered by the landlord. The resident wants to be compensated for the full cost of the carpet or for the landlord to fit a new carpet.

Assessment and findings

9. As per the landlord’s tenancy handbook, carpets are the responsibility of residents. However, when a resident reports an issue to a landlord it would be expected to inspect any issues raised by the resident as that is basic good practice. In this case, the landlord’s response was reasonable in the circumstances. The resident raised her concerns about the quality and fit of the carpet on 9 June 2022, and the landlord inspected the carpet on 16 June 2022, with its property surveyor. While it found a part of the carpet at the bottom of the stairs needed to be re-folded, which it asked the carpet fitter to do, it found the carpet to be fitted well, which the resident was happy with.
10. Similarly, the landlord would be expected to investigate when the issue was raised about the colour of the carpet. The landlord’s response was again reasonable in the circumstances. The resident agreed to have the carpet fitted and there is no evidence that she told the landlord at the time that she felt rushed in choosing the colour. While it would have been ideal to have raised this issue at the time, she raised her concern after the carpet had been installed. The landlord and property surveyor looked at the colour of the carpet when they attended the property on 16 June 2022, and noted that the resident was happy with the colour, which it and the property surveyor felt was dark grey.
11. When a landlord acknowledges failings, it would be expected to put things right as per this Service’s dispute resolution principles. However, in this case, whilst the resident is evidently upset about the carpet, there is nothing in the evidence that suggests the landlord failed in its handling of her concerns. Nevertheless, the landlord offered £500 as a goodwill gesture, which it was not obliged to do, and which was paid to the resident on 28 October 2022.Based on the above, a finding of no maladministration has been found.

Determination

12. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its response to the resident’s concerns regarding a carpet it installed in her home.