Ongo Homes Limited (202327435)

REPORT

COMPLAINT 202327435

Ongo Homes Limited

10 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

The complaint is about the landlord’s handling of the resident’s reports of:
1. The condition of the property at the start of the tenancy (tenancy sign up).
2. Repairs to the property.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident is an assured tenant of the landlord, a housing association. This is a one-bed bungalow with a garden and the tenancy started on 11 September 2023. The resident is neurodivergent and has advised he also has asthma.
The landlord’s records show that it followed its ‘Empty Homes Planners’ process prior to the tenancy sign up. It also completed a pre-tenancy clean and various repairs to the property between July 2023 and the start of the tenancy. The repairs included new locks, some paint works, and an overhaul of the kitchen. It also replaced the gas boiler and cleared all building waste from the property.
The resident, his support worker, and the landlord completed an inspection on 11 September 2023. At the time, the parties signed their agreement that the property met the ‘lettable standard’ for all elements, including cleanliness, safety, and security.
The resident made a stage 1 complaint on 21 September 2023. He also added to his complaint on 27 September 2023 and 2 October 2023. He said:
1. The property was not clean at the tenancy sign-up. He had spent 5 hours cleaning, and he had used “a jumbo-sized kitchen roll and an anti-bacterial spray” to address this. He wanted compensation for the spray and kitchen roll and a contribution for doing the cleaning, which “was supposed to be done.”
2. He wanted the nicotine stained (by previous occupant) sealant replaced on the doors and windows throughout the property. He also wanted the nicotine stained light fittings replaced.
The landlord responded to the resident’s complaint on 2 October 2023. It then sent an amended stage 1 response letter on 4 October 2023 (to include the resident’s concerns about the light fittings). It said:
1. It had looked at the relevant lettings information, including the photographs taken at tenancy sign up.
2. Both the landlord and the resident had completed a joint inspection at tenancy sign up on 11 September 2023. They had both signed the paperwork to confirm that the property had passed all checks and was to a lettable standard.
3. It did not uphold the complaint. The property had not been recently painted but it was clean and tidy and to a lettable standard. There were no obvious signs of nicotine staining on the wallpaper. The entrance and glass had no obvious staining and appeared to be clean.
4. On 26 September 2023 the resident had booked an appointment requesting that the sealant to the windows and doors be replaced, due to staining, and a light fitting in the hallway. The appointment was booked for 18 October 2023 and the landlord had contacted the team to ensure these were replaced.
5. It offered the resident a £50 decorating voucher as a goodwill gesture as the photographs showed a patch of bare wall in one of the rooms (where a cupboard or appliance had been removed).
The resident made a stage 2 complaint on 11 October 2023. He said:
1. He had found other areas which had not been cleaned and wanted to know what exactly should have been done. He said the shower curtain rail was only half cleaned and he had noticed cobwebs in the kitchen cupboards.
2. The landlord had recently emailed him to say it would not change the light fittings and so he would have to do this himself.
3. He no longer wanted the £50 decorating voucher as this was not sufficient remedy.
The resident reported various repairs from 15 October 2023 to 8 November 2023. These included:
1. A broken shower pump (the hose did not empty properly so he had to put the shower head in the bathroom sink to empty, to avoid flooding the bathroom).
2. 3 pendant light fittings and a strip light in the kitchen which were heavily stained.
3. The light pendant coming loose from the ceiling.
4. Missing sealant on the conservatory door and kitchen window.
5. A faulty bathroom extractor fan.
6. Nicotine stained chain locks.
7. A broken shed door (which appeared to have been broken into).
The landlord responded to the stage 2 complaint on 8 November 2023. It said:
1. It would repair the shed door on 8 November 2023.
2. It would attend on 13 November 2023 to renew the sealant to the conservatory door and kitchen window.
3. It would attend on 24 November 2023 to renew the 3 pendant lights and strip light and to repair the shower pump.
4. It would replace the bathroom extractor fan on 10 January 2024.
5. It would arrange a full electrical check to be carried out in the property (no date given).
6. The property had not been recently decorated but it was clean, tidy, and achieved the lettable standard.
7. It did not uphold the complaint as it had put solutions in place to deal with the repair issues.
8. It had made a reasonable offer of compensation to assist in decorating the home. The resident had not raised any decorating or cleaning issues at the time he was given keys to the property (during the joint inspection of 11 September 2023).
9. It understood the resident’s frustration and offered a further £50 compensation (which would be offset against the resident’s rent arrears).
The resident accepted the £50 decorating voucher and the £50 towards his rent account on the same day.

After the Internal complaints procedure

The resident approached this Service on 10 November 2023. He said he was still unhappy with the cleanliness of the property when he moved in, as it was heavily nicotine stained. He had also had to buy 2 locks to replace the nicotine stained ones. He wanted the landlord to pay the £50 compensation it had offered directly to him, rather than into his rent account. He said the landlord had not replaced the sealant on every door and window frame (it did do some of them). He was concerned that his bathroom extractor fan would not be replaced/repaired until January 2024. As an outcome to his complaint, he wanted the £50 goodwill gesture to be paid directly to him and for the landlord to complete the remaining repairs as soon as possible.
The landlord’s records show that as of February 2024, the repairs to the shower pump, sealant and lights had been completed. The bathroom extractor fan was replaced.
The resident reported several further repairs to the landlord between January 2024 and June 2024, including damp and mould. He has asked this Service to investigate these matters.

Assessment and findings

Scope of Investigation

As noted above, the resident reported his concerns to this Service in November 2023. This Service subsequently made enquiries with the landlord and the complaint was considered duly made for investigation in June 2024.
It is evident that the resident reported several further new repairs to the landlord between January 2024 and June 2024. It is also evident that he raised a new formal complaint during this period, to which the landlord has now responded. However, given that these new events have not formed part of this Service’s evidence requests to the landlord, this investigation has focused on the period up to the landlord’s final complaint response of 8 November 2023.
We have advised the resident that we will be opening a new case to consider the repairs brought to us after the landlord’s final complaint response of 8 November 2023.

The condition of the property at tenancy sign up

The landlord’s Empty Homes Planners process outlines the steps that the landlord must take when re-letting a property. These include changing the locks and raising and monitoring any maintenance works through to completion. It will then inspect the property to ensure it is to a “lettable home standard.”
The landlord’s records show that it raised several jobs from July 2023 to September 2023, prior to the resident moving in. It shows the jobs as completed, including a new boiler, new keys, a tenancy pre-clean, and works to the kitchen and bathroom. This was reasonable and in line with its Empty Homes Planners process.
The landlord’s Lettable Home Standard information details how residents can expect to receive the home at tenancy sign up. It focusses on cleanliness, repair, and safety. It ensures the property is in a good state of repair, safe, and clean before a new resident moves in.
The records show that both the landlord and the resident inspected the property on 11 September 2023. The resident had the opportunity to raise any concerns at the tenancy sign up, as this was a joint inspection. As he did not, the landlord could reasonably assume that the resident was satisfied with the condition of the property.
Further, both parties signed the lettable standard inspection sheet at the time of the tenancy sign up. It was, therefore, reasonable for the landlord to conclude that there were no outstanding issues at the time. It was also reasonable that it did not raise any further works at this time.
Additionally, the landlord took photographic evidence of the property condition at the time of the tenancy sign up. This was appropriate to reinforce its position that there were no outstanding cleanliness or repair issues at that time.
While it is not evident that the property did not meet the lettable standards, the landlord nevertheless recognised the resident’s distress. It was appropriate, therefore, that it offered the resident a £50 decorating voucher, as a gesture of goodwill, which showed it went beyond its obligations. This demonstrated its commitment to maintaining the landlord/tenant relationship.
In summary, given that the landlord has provided evidence of completing all the pre-tenancy checks and evidence that the property met the lettable standard at sign up, we have made a finding of no maladministration.

Repairs to the property

The landlord’s Maintenance and Empty Homes policy (which was published in October 2024 but effective from April 2023) says that it complies with Section 11 of the Landlord and Tenant Act 1985 and Equality Act 2010, amongst other relevant legislation. It is responsible for the structure and exterior of the building, as well as electrics and boilers, pipes and installations.
It operates the following timeline for repairs:
1. Emergency repairs (including unsafe electrical fittings and flooding) – will be attended to within 24 hours.
2. Urgent repairs (including a blocked sink, broken – but not dangerous) electrical fittings) – will be carried out within 7 calendar days.
3. Routine repairs (for example: new skirting boards) will be carried out within 28 calendar days or:
4. Routine repairs – will be carried out within 12 weeks ( for example: plastering, fencing).
It was reasonable that the landlord’s contractor attended to the resident’s window and door seals on 18 October 2023. The resident reported these on 27 September 2023 and the landlord carried out the repairs within 21 calendar days, which is within its policy timescales.
It was further reasonable that it did not replace his locks. The landlord had fitted new locks to the property on 18 July 2023, and as there was no security issues with the locks, this was a reasonable response.
However, there were failings in how the landlord managed some of the repairs raised by the resident, as outlined below.
Strong record keeping is a prerequisite to providing a good housing management service. The resident reported the broken shed door on 8 November 2023. The landlord’s repair records show that this was scheduled for 8 December 2023. Although this is a reasonable time frame, in its stage 2 response of 8 November 2023, it told the resident that the door would be repaired on that same day (8 November 2023). This communication error caused the resident confusion. The landlord failed to manage his expectations by putting the wrong repair date on the complaint response letter and this is a failing.
The landlord also took too long to replace the loose pendant ceiling lights. The resident reported that they were loose on 19 October 2023, and the landlord’s repair records show that it did not repair these until 24 November 2023. As these are broken electrical fittings, this Service would have expected the landlord to attend within its 7 day timeline for urgent repairs, or to have otherwise provided an explanation as to why a longer response time was reasonable. The fact that it did not is a failing. This caused the resident frustration and inconvenience and impacted on the enjoyment of his home.
Further, the resident reported a faulty shower pump on 15 October 2023, and the landlord’s contractor did not attend until 24 November 2023. We would have expected the landlord to repair the pump within 7 calendar days as it was causing water to flood the bathroom, which was a health hazard and also could contribute to damp and mould in the bathroom. Further, it does not appear that the landlord completed a full and final repair until 1 February 2024. This is a failing which caused the resident time and trouble in pursuing the issue, distress and inconvenience, and impacted on the enjoyment of his home.
The resident reported a faulty bathroom extractor fan on 31 October 2023 and the landlord scheduled this in for 10 January 2024. This is an inappropriate delay. This Service would have expected the landlord to at least inspect the fan in a timely manner. It did not explain why it considered 84 days to be reasonable, rather than its 28 days timeframe, given the resident’s concerns and the distress and inconvenience he was experiencing. The delay was not resident focussed and impacted on the enjoyment of his home.
The landlord undertook to complete the repairs but took too long to complete the pendant light, extractor fan, and shower pump repairs. It also had issues with its record keeping. As such, a finding of maladministration is made. We have made an order for £300 compensation. This is £200 for distress and inconvenience, and £100 for time and trouble in pursuing the repairs. This is in line with our remedies guidance where the landlord has acknowledged its failings and made some attempt to put things right but failed to address the detriment to the resident.

The landlord’s complaint handling

This Service’s complaint handling code (the Code) says that landlords must keep a full record of complaints and the outcomes at each stage. This must include the original complaint and the date received, and all correspondence with the resident. Complaint response letters must also include the complaint stage and complaint definition.
The landlord’s compensation policy at the time of the complaint stated that any financial compensation it paid would be offset against any resident arrears and paid into their rent account. The policy has since been updated.
Strong record keeping is a pre-requisite to providing a good service. The landlord has informed this Service that it initially confused the resident’s complaint with another complaint he had made at a later date, about a separate matter. It provided the wrong reference number throughout this complaint, which could have caused the resident confusion, inconvenience and frustration. This is a failing and not in line with the Code.
Additionally, it sent the resident two stage 1 response complaint letters. This was reasonable because it included additional information from the resident in its amended stage 1 response. However, the amended stage 1 complaint letter (sent 2 October 2023) has the wrong date on it. It is dated as 28 September, even though it was written and sent after 2 October 2023. This Service sought clarification from the landlord, who confirmed that the date of this amended stage 1 complaint response letter is wrong. This lack of clarity in its communication is not in keeping with the Code and is a failing on the part of the landlord.
Further, it sent its stage 2 response to the resident on 8 November 2023, but the date on the letter shows as the 8 September 2023 (before the resident even submitted his complaint). This further error could have compounded the resident’s confusion. This Service contacted the landlord for clarification about the stage 2 complaint letter and it confirmed that the date was wrong. There is no evidence on file that the landlord attempted to rectify its record keeping errors in respect of its complaint handling.
The landlord did not acknowledge the errors in its complaint handling record keeping to the resident. It offered him no explanation and no apology. It made errors in the complaint reference number and the complaint response letter dates. It continued to do this throughout the complaint correspondence. Due to the complaint handling record keeping failures, a finding of service failure is made. We have made an order for £50 compensation for inconvenience and frustration caused to the resident. This is in line with our remedies guidance where there had been no permanent impact to the resident but the landlord has failed to acknowledge its failings and has made no attempt to put things right.

Determination (Decision)

In accordance with Paragraph 52 of the Scheme, there was no maladministration in the landlord’s handling of the resident’s reports of the condition of the property at tenancy sign up.
In accordance with Paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of repair issues at the property.
In accordance with Paragraph 52 of the Scheme, there was service failure in the landlord’s complaint handling.

Orders

Within 4 weeks of this report, the landlord is ordered to:
1. Apologise to the resident in writing for the failings identified in this report.
2. Pay the resident £350. This should be paid into his bank account and not offset against any arrears (if applicable). This is made up as follows:
  1. £300 for the time and trouble and distress and inconvenience caused by the repair issues.
  2. £50 for the complaint handling failures identified.
The landlord should provide this Service with evidence of compliance with the above orders.