Christian Action (Enfield) Housing Association Limited (202313329)

REPORT

COMPLAINT 202313329

Christian Action (Enfield) Housing Association Limited

31 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 about the standard of decoration and maintenance of communal areas.

Background

2.     The resident has an assured shorthold tenancy with the landlord, which began on 2 July 2012. The resident lives in a 2-bedroom flat on the second floor. There are no known vulnerabilities.

3.     The resident says the landlord has not decorated the communal areas of the building since they moved in. The resident complained to the landlord on 5 March 2023. The resident said the building was ‘disgusting’.

4.     The landlord acknowledged the complaint on 9 March 2023 and issued a stage 1 response on 3 April 2023. It acknowledged the resident’s dissatisfaction with the condition of communal areas and upheld the complaint due to not completing any cyclical works since 2012. The landlord apologised for not meeting the resident’s expectations.

5.     The resident was dissatisfied with the response due to the state of the communal decoration and not receiving any update about when the landlord would complete any work to improve this. The resident requested escalation of the complaint on 4 April 2023. The landlord acknowledged this on 4 April 2023 and issued a stage 2 response on 12 April 2023.

6.     The landlord apologised for the resident needing to make a complaint and for failing to meet their expectations. It told the resident that it considered their request for decoration of tired communal areas reasonable. The landlord confirmed it had approved the work internally and given instruction to obtain estimates for the works to go ahead. The landlord said it expected to update the resident within 8 weeks of the date of the letter and that the works would commence in the weeks following on the basis that tenant engagement was satisfactory.

7.     The resident referred their complaint to the Ombudsman on 12 July 2023. The resident requested that the landlord commences works to improve the standards of decoration and maintenance of the communal areas in the building. The complaint became one that this Service could consider on 7 March 2024.

Events post Internal Complaints Process

8.     On 16 April 2024, the landlord informed our Service that cyclical works were not due until 2027/28. However, after considering the resident’s complaint and the results of its property surveys, the landlord has since confirmed that it has brought forward the date for its planned cyclical works to 2026/27.

Assessment and findings

Scope of investigation

9.     In accordance with paragraph 42(m) of the Scheme, the Ombudsman is unable to consider complaints about matters which relate to the processes and decisions concerning a member’s governance structures. For this reason, the Ombudsman has not considered the landlord’s timescales for cyclical repairs.

10. The Ombudsman may not consider complaints about the level of service charge, as per paragraph 42(d) of the Scheme. Such complaints should be directed to the First Tier Property Tribunal.

Landlord’s obligations, policies and procedures

11. Clause 2.6 of the tenancy states the landlord is required to take reasonable care to keep the common entrances, halls, stairways, lifts and passages and any other common parts in reasonable repair and fit for use by the tenant and other occupiers and visitors to the premises.

12. Clause 11.2 of the landlord’s repairs policy states its Asset Management Team is responsible to complete inspections for cyclical decorations.

Landlord’s handling of the resident’s reports about the standard of decoration and maintenance of communal areas

13. On 31 August 2022, the landlord confirmed to the resident that a contractor had recently attended to repaint the lobby area. It told the resident that it decorates communal areas on a cyclical programme supported by reports and pictures from Housing Officers’ inspections. The landlord explained that it was awaiting the results of a survey on all its properties by the end of September 2022 to identify any communal areas that needed attention in the building where the resident lives.

14. Due to receiving no update, the resident complained to the landlord on 5 March 2023. The resident believed the landlord should decorate communal areas at least every 5 years and said it had not done this since they moved into the property in 2012.

15. In accordance with its complaints policy, the landlord should have acknowledged the complaint within 3 working days and provided its stage 1 response within a further 10 working days. The landlord’s complaints policy says if it needs more than 10 working days to complete a review, it will let the complainant know and agree a revised date for when they can expect a response.

16. The landlord’s Asset Management Surveyor acknowledged the complaint on 9 March 2023. The landlord asked for an extension to respond to the complaint on 20 March 2023, which the resident agreed on 21 March 2023. It then issued its stage 1 response on 3 April 2023.

17. The landlord acknowledged the stage 1 complaint and issued its stage 1 response one working day later than expected. We do not consider that these slight delays unduly affected the resident.

18. In the meantime, the landlord visited to inspect the communal areas alongside one of the tenants on 23 March 2023. After visiting, the landlord concluded that the communal areas were in good condition.

19. In its stage 1 response dated 3 April 2023, the landlord explained that it was in the process of going through the results of its property surveys to put together a programme of works for communal areas. The landlord said it would confirm any planned works in due course, including timescales and start dates. It upheld the resident’s complaint and apologised for not meeting their expectations, which this Service considers reasonable.

20. The resident expected an update that included dates for planned works but didn’t receive this from the landlord. This caused the resident time and trouble due to having to escalate the complaint to request this information.

21. The resident asked to escalate the complaint on 4 April 2023. They said they had expected to know more from the landlord in September 2022 but had never received an update. The resident said the communal decoration remained poor and dirty.

22. In accordance with its complaints policy, the landlord should have acknowledged the escalation request within 3 working days and provided its stage 2 response within a further 10 working days.

23. The landlord acknowledged the escalation request on 4 April 2023 and issued a stage 2 response on 12 April 2023. Therefore, it acted within the required timescales.

24. In its stage 2 response, the landlord said it considered the request for the maintenance and decoration of tired communal areas reasonable. It apologised again for the resident needing to make a complaint and for failing to meet their expectations, which we consider was appropriate.

25. The landlord confirmed it had approved the works internally and given instruction to obtain estimates for the works to go ahead. The landlord said it expected to update the resident within 8 weeks of the date of the letter (by 7 June 2023) and that the works would commence in the weeks following, on the basis that tenant engagement was satisfactory. The landlord signposted the resident to the Housing Ombudsman if they remained unhappy.

26. We consider the update that the landlord provided at this point was reasonable, as it set out what the resident should expect moving forward.

27. On 8 June 2023, a day later than expected, the landlord updated the resident to inform them that it had the decorating works in hand and would contact the resident again once it had a contractor in place. When the resident asked the landlord on 9 June 2023 for a date that the works would take place, the landlord did not respond. We consider it a failing that the landlord did not reply to the resident at this point.

28. The resident expected the landlord to begin cyclical works to improve the condition of communal areas in the weeks following 7 June 2023, but the landlord then changed its made. While the landlord is entitled to plan its own programme for works projects, we consider it a failing that the landlord did not communicate this change to the resident. The failure to update the resident would have caused distress and inconvenience due to the resident having to refer the complaint to our Service.

Determination (decision)

29. In accordance with paragraph 52 of the Scheme, there was service failure regarding the landlord’s handling of the resident’s reports about the standard of decoration and maintenance of communal areas.

Orders

30. Within 4 weeks of the date of this determination, the landlord must provide a written apology for the failings identified in this report.

31. Within 4 weeks of the date of this determination, the landlord must provide written confirmation of its programme of works calendar for completing the cyclical works to improve the condition of communal areas.

32. Within 4 weeks of the date of this determination, the landlord must pay £100 compensation for the failings identified in this report.

33. The landlord must not offset this compensation against any rent or service charge arrears that the resident may have accrued.

34. The landlord is to confirm compliance with these orders within the timeframes set out above.