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Midland Heart Limited (202327679)

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REPORT

COMPLAINT 202327679

Midland Heart Limited

9 June 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:
    1. concerns about the condition of her kitchen.
    2. complaint.

Background

  1. The resident is an assured tenant of a 2-bedroom house owned by the landlord, which is a housing association.
  2. On 9 March 2023 the resident informed the landlord about issues with the kitchen tap and drawers. The landlord attended the property on 21 March 2023 and completed repairs to the kitchen tap and drawers.
  3. The resident made a formal complaint on 31 March 2023. She raised concerns about the standard of her kitchen. She was unhappy there were mismatched kitchen units in the kitchen when she moved into the property in 2021. She also said there were issues with gaps in the kitchen from 2021 and kitchen drawers had become damaged.
  4. The landlord gave its stage 1 complaint response on 18 April 2023. It said it completed repairs to the resident’s kitchen cupboard following a leak in 2021. It had tried to install matching units where possible but could not always guarantee this depending on stock availability. The resident was responsible for fixing the cupboard doors and drawers. It said the kitchen was due for a renewal in 2031. However, it arranged an inspection on 20 April 2023 to assess if it could bring this date forward and if there was need for interim repairs. It did not uphold the complaint.
  5. The resident escalated her complaint on the same day. She said the landlord had not fixed her kitchen tap or her kitchen drawers properly. She asked the landlord to install a new kitchen before 2031.
  6. The landlord issued its stage 2 complaint response on 9 May 2023. It said the kitchen was an adequate standard when she began her tenancy on 19 May 2021 and had not required any repairs then. It had repaired the kitchen drawers on 21 March 2023. After assessing the kitchen’s condition, it determined it was suitable and did not need replacement. It identified additional repairs and scheduled an appointment for 26 May 2023. The landlord did not uphold the complaint.
  7. The resident remained unhappy with the landlord’s response and escalated her complaint to us. She wants the landlord to install new cupboards and drawers in her kitchen.

Assessment and findings

Scope of the investigation

  1. The resident stated that she was unhappy with the general standard of the kitchen and the mismatched cupboards the landlord installed when she moved into the property in 2021. She stated that she did not wish to make a complaint at that time but is now unhappy about this. The Ombudsman encourages residents to raise complaints with their landlord in a timely manner, which is normally within 12 months of the issue arising. This is so the landlord has a reasonable opportunity to investigate the issue while it is still ‘live’ and sufficient evidence is available to reach an informed conclusion. As issues become historical it is increasingly difficult for either the landlord, or an independent body such as an Ombudsman, to conduct an effective review of the actions taken.
  2. In view of the time periods involved in this case, considering the availability and reliability of evidence, this assessment does not consider any specific events prior to 30 March 2022. This is 12 months prior to the resident’s complaint to the landlord and any reference made to events prior to this date is for context only.
  3. In bringing her complaint to us, the resident raised several new issues that were not part of her formal complaints to the landlord. These issues related to requests for a new boiler, damaged plastering, and damp and mould in the property. Under the Scheme the Ombudsman may not investigate complaints which have not completed the landlord’s internal complaints process. This is because the landlord should be given the opportunity to respond to any new issues that arise under its complaints procedure before the Ombudsman investigates them. These new issues have not yet exhausted the landlord’s complaints process, as such we will not consider them in this report. It is open to the resident to bring a complaint to us about these issues after she has completed the landlord’s complaints process.
  4. In her stage 2 escalation requests, the resident raised new concerns in relation to her toilet and bathroom. The landlord’s stage 2 complaint response did not address these issues. We have addressed this under our assessment of the landlord’s complaint handling below.

Concerns about the condition of the kitchen.

  1. The landlord’s repairs handbook states that it is responsible for repairs to the sink with the hot and cold-water supply pipes and taps. The resident is responsible for kitchen units and work tops. The landlord’s website states it will complete routine repairs within 28 days.
  2. The resident informed the landlord on 9 March 2023 about faults with 2 kitchen cupboard doors and a leak from the kitchen sink. The landlord attended the property on 21 March 2023 and repaired the tap and cupboard doors. The landlord attended the repair within its routine repair’s period. Furthermore, it completed the repair to the cupboard doors even though it was not responsible for repairs to kitchen units, as set out in its repair’s handbook. This shows it was proactive and demonstrated a resolution focussed approach.
  3. The resident contacted the landlord on 21 March 2023. She said the landlord’s contractor had damaged the drawers when they installed the cupboard doors and they had not installed the tap properly. She also complained about the plug not fitting the sink properly. The landlord responded the same day. It asked her to contact it to rebook the jobs she was unhappy about. The landlord’s response was appropriate. It responded promptly to the resident’s concerns and was willing to fix any mistakes.
  4. The landlord responded to the resident’s further request for kitchen repairs and requests for a kitchen renewal on 22 March 2023. It said that:
    1. The resident was responsible for repairs to her kitchen worktops, unit doors, and drawers.
    2. It was responsible for the ‘carcass’ of the kitchen, meaning the basic frame or structure of a cabinet, without doors or drawers. It was happy to repair or renew any issues with the carcass.
    3. The resident should submit a home improvement request if she wanted to change the kitchen units. It would recharge the resident for any authorised improvements.
    4. The resident should report any outstanding repairs.
    5. The resident’s kitchen was not due for a renewal until 2031.
  5. In its stage 1 complaint response, the landlord reiterated the above information to the resident. It also informed her that it would arrange an inspection to determine whether it could expedite the kitchen renewal date and identify any necessary interim repairs.
  6. The landlord’s website states that the average lifecycle of a kitchen is 20 years. According to Decent Home Standard, the lifetime of a kitchen in a house or bungalow is 30 years.
  7. The landlord’s record show it replaced the resident’s kitchen in 2010. Therefore, according to the landlord’s website her kitchen would not be due for renewal until around 2030 or 2031. This is in line with what the timescale the landlord gave the resident.
  8. The landlord’s stage 1 complaint response was reasonable. It communicated promptly and clearly about what kitchen repairs it was responsible for. It demonstrated a willingness to resolve the issue by exploring the possibility of moving the kitchen renewal date closer and addressing any outstanding repairs. It also informed the resident that she should submit a home improvement request if she wanted to change the kitchen units and provided a link to the relevant form.
  9. In the landlord’s stage 1 complaint response, it said it had booked an appointment for 20 April 2023, for its surveyors to attend the property. However, its records do not show whether the surveyor attended on that date or the outcome of their survey.
  10. It is best practice for landlords to appropriately record information including any reports of repairs, agreed actions or further issues raised by the resident. The failure to create and record information accurately can result in landlords not taking appropriate and timely action, missing opportunities to identify that actions were wrong, and contributing to inadequate communication and redress.
  11. In its stage 2 complaint response on 9 May 2023, the landlord stated its surveyor attended the property 15 May 2023. The surveyor assessed the resident’s kitchen and determined the kitchen was in a suitable condition. It said it would not replace the kitchen. However, it identified some repairs and arranged to complete these.
  12. It is evident from the landlord’s stage 2 complaint response that there was an error in the date of its response. The landlord gave its stage 2 response on 9 May 2023; however, it refers to events happening on 15 May 2023.
  13. Also, in its stage 2 complaint response, the landlord stated it had booked an appointment to complete repairs on 26 May 2023. Again, its records do not show whether it completed repairs on that date.
  14. In its stage 2 complaint response, the landlord stated that it observed during its visit on 21 March 2023 that the resident had painted her cupboards and wrapped her kitchen. It said this had changed the state of her kitchen. It advised her if she wanted to reinstate her kitchen to how it was originally it could arrange this but would charge her for the repairs.
  15. The landlord’s home improvement plan and repairs handbooks states that residents should request authorisation before painting or altering the kitchen. If they do not get permission before making improvements, they may be asked to return the property to its original condition at their expense. They may be charged for any remedial works the landlord needs to complete. It is unclear when the resident painted and altered her kitchen. However, there is no record that she requested permission from the landlord before making these alterations to her kitchen. The landlord’s position was reasonable and in line with its home improvement plan and repairs handbook.
  16. The landlords record show it attended the property on 15 and 30 May 2023 and on 9 June 2023. It inspected the resident’s kitchen and completed multiple kitchen repair jobs, including adjusting the kitchen cupboard doors, changing the back of 4 drawers, replacing missing unit shelves, renewing the kitchen taps and plug. The landlord informed us that following the completion of these repairs the resident has not requested further kitchen repairs.
  17. In conclusion, the landlord had some minor issues with record-keeping. However, overall, these issues did not affect how the landlord handled the resident’s concerns about the kitchen. The landlord’s decision not to bring the renewal date forward was appropriate. It was reasonable for the landlord to rely on the information provided by its experts regarding the suitability of the resident’s kitchen. The landlord communicated clearly and promptly with the resident regarding her kitchen repairs. Additionally, the landlord completed repairs to improve the kitchen pending its renewal, including some repairs that were the resident’s responsibility. Overall, there was no maladministration in the landlord’s handling of the resident’s concerns about her kitchen.

Complaint handling

  1. In her stage 2 escalation request on 18 April 2023 the resident said she had made multiple complaints about the condition of her toilet and bathroom. She asked the landlord to change her toilet and bathroom.
  2. Paragraph 6.8 of the Ombudsman’s Complaint Handling Code (the Code) states where residents raise additional complaints during the investigation, these must be incorporated into the stage 1 response if they are related, and the stage 1 response has not been issued. Where the stage 1 response has been issued, the new issues are unrelated to the issues already being investigated or it would unreasonably delay the response, the new issues must be logged as a new complaint.
  3. The landlord failed to log a new complaint to address the resident’s new issues. There was service failure in the landlord’s handling of the resident’s complaint. We have ordered the landlord to contact the resident regarding these complaints and ordered £75 compensation to reflect the impact of this shortcoming.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was no maladministration in the landlord’s handling of the resident’s concerns about the condition of her kitchen.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in respect of the landlord’s complaint handling.

Orders

  1. Within 4 weeks of the date of this report the landlord must complete the following orders and provide evidence of compliance to us:
    1. Confirm from the resident if she still wants to pursue the complaints regarding toilet and bathroom repairs. If she does, the landlord should respond in line with its complaint’s procedures.
    2. Pay the resident £75 compensation for the distress and inconvenience caused by the failures in its complaint handling.