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Clarion Housing Association Limited (202119560)

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REPORT

COMPLAINT 202119560

Clarion Housing Association Limited

7 February 2022


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 repairs to a window.

Background and summary of events

  1. The resident is the leaseholder of the property, which is a flat. The terms of the resident’s lease with the landlord confirms the resident is responsible for repairs and keeping the flat (including the windows and internal surface of the window frames and any equipment and fittings relating to the windows) in good and substantial repair and condition. It also confirms that the landlord is responsible for the maintenance, repair, decoration, and renewal of the structure and exterior of the building (including the frames of the windows), and the common parts of the building.
  2. The resident has raised two complaints regarding the landlord’s handling of repairs to a window. Given that the resident accepted the compensation and actions agreed in the landlord’s final response to the first complaint, this investigation will focus on the actions taken by landlord after that response, and its handling of the second formal complaint about the window. Any mention of events prior to 15 April 2021 in this report is for contextual purposes only and these events have not been included in the Ombudsman’s assessment of the complaint.
  3. The landlord instructed a surveyor to attend the property on 9 March 2021. The surveyor’s report concluded that there was mould spotting in one of the windows due to condensation and a lack of airflow in the property. The surveyor recommended that the mastic sealant to the bedroom be re-done and that the windowsill be repaired or replaced.
  4. In the landlord’s final response to the first complaint, dated 15 April 2021, it attached a copy of the surveyor’s report of 9 March 2021 and said that the works would be arranged to be completed by 30 April 2021. The landlord also apologised that it did not previously communicate its decision to carry out the recommended works and for any inconvenience caused. It offered the resident £400 compensation for the time and effort she put into pursuing the matter
  5. On 21 April 2021 the resident confirmed she was still waiting for an appointment for repairs to her windows and asked to raise another complaint about the delay.  The landlord confirmed it had raised a formal complaint, and its internal notes confirm that on the same day it passed the repair to its contractor, which had contacted the resident and booked an appointment.
  6. The landlord’s records confirm that on 30 April 2021, it spoke with the resident, who advised that the landlord had attempted to call her partner and should only call her to discuss the repairs. The landlord noted that the resident said that she was told there was moisture in the walls, but the landlord’s contractor reported back that the moisture was caused by condensation. The resident disagreed with the landlord’s contractor’s report and maintained that the windows needed resealing and the internal damage to the property needed to be repaired.  She said a contractor advised her that the windowpanes were too small for the frames. Finally, the resident asked why the landlord took photos of unrelated repairs inside the property (it is not clear exactly from the information provided to the Ombudsman exactly when the photos were taken).
  7. The landlord’s contactors completed an inspection on 29 April 2021 and attempted to complete repairs to the external windows during the week commencing 10 May 2021, with an extra-long ladder, however they were unable to reach the windows. The contractors ordered the required tool to reach the windows and a provisional date was booked to complete the works on 21 May 2021.
  8. According to the landlord’s records, as of 11 May 2021 the internal work had not been completed and the resident needed to allow access for the landlord’s operatives to complete the works.
  9. On 14 May 2021 the landlord noted that it had attempted to call the resident on several occasions and spoke to her partner regarding the appointment, asking that the resident to call it back, but she had not called back.
  10. The landlord’s records of 21 May 2021 say that the resident was unhappy had that she took a day off work to ensure the works were completed properly, only to be told that day that the appointment had been rearranged. She advised that she would not be available until 7 June 2021 and asked for £200 compensation for loss of earnings for having to take the day off unnecessarily.
  11. The contractors had agreed that the works would be completed on 21 May 2021 and the resident did not need to be present due to the works being external. However, due to having issues in obtaining required tool, the contractor rearranged the appointment for 24 May 2021. The resident explained to the landlord that she did need to be present for the repairs as the contractors would need access to her balcony. Also, she did not want her pet dogs to be scared or her neighbours to be concerned by seeing operatives accessing the balcony when she was not there.
  12. The resident asked for the appointment scheduled for 24 May 2021 to be rearranged as she would not be available to allow access. The landlord therefore arranged to complete the window repairs on 7 June 2021 and replace the window boards in the master bedroom on the 14 June 2021. 
  13. In the landlord’s stage one complaint response, dated 28 May 2021, it confirmed the outcome of the previous complaint and that its contractors attempted to contact the resident since 19 April 2021 to arrange repairs. The landlord advised that there had been a miscommunication regarding the appointment for 21 May 2021, and that this was a provisional date. It apologised for any inconvenience and offered the resident £65 compensation (consisting of: £15 for a missed appointment, and £50 for its delay in responding to the complaint). Finally, the landlord confirmed it took pictures of repairs inside the property and referred them to the developer as a defect. The developer did not consider these issues to be defects and advised that they are general repairs which would be the resident’s responsibility to resolve.
  14. On 30 May 2021 the resident asked to escalate her complaint, highlighting her dissatisfaction:
    1. With the landlord’s communication regarding the repairs.
    2. That the repairs were not completed by 30 April 2021.
    3. With the findings of the landlord’s report, which she said contradicted the local authority’s environmental health department’s report that confirmed there was no serious issue with excess moisture in the flat. The resident said that on 29 April 2021 the contractor inspected the property and advised that the windows were too small for the frames.
    4. That there were still outstanding works required to the windows, which were letting in water and damaging her home.
    5. She was unhappy with the £15 compensation offered for the appointment which was cancelled by the landlord without notice.
    6.  The resident was unhappy with the length of time the landlord took to inform her that the developer had declined her defects claim.
  15. On 4 June 2021 the landlord informed the resident that it would send its final complaint response by 2 July 2021.
  16. The landlord spoke with the resident on 7 June 2021 and the resident said the surveyor who attended the property had given her different advice to the information given in the surveyor’s report. She reiterated her dissatisfaction that the repairs were not completed by the end of April 2021 and with the landlord’s communication. She also provided the landlord with photos of the local authority’s environmental health department’s report, dated 21 May 2021. Environmental health confirmed it did not find any serious issue with moisture in the property but suggested that the bathroom’s extractor fan should be replaced. Environmental health confirmed that it would not take any further action at the time.
  17. In the landlord’s final complaint response, dated 18 June 2021, it detailed the difficulties it had experienced in arranging repairs due to the resident’s availability and the need to source a part before the repairs could go ahead. It confirmed that it agreed to complete external works on 7 June 2021, and internal works on 14 June 2021, which coincided with the resident’s partner being at home to allow access to the property. The landlord apologised for any confusion caused but said delays in completing the outstanding works were due to the resident’s availability. It confirmed it had compensated the resident in line with its policy.
  18. Additionally, the landlord confirmed that it sent the resident its surveyor’s report and reviewed the environmental health report submitted by the resident but did not feel that the content materially changed the work it would have undertaken. It reiterated that the resident was responsible for the costs of repairs and maintenance inside the property. It advised the matters reported about the resident’s interaction and communication with staff members would be dealt with internally. In recognition of the delay in responding to the complaint it arranged to pay the resident a further £25 compensation in view of this.

Assessment and findings

The landlord’s obligations

  1. The landlord’s repairs and maintenance policy confirms non-emergency repairs are arranged at the initial point of contact and are termed as being booked ‘at residents convenience’ offering the next available appointment that suits the resident and will be offered within 28 calendar days of the repair being reported.
  2. The landlord’s compensation policy details categories of compensation of between £50 to £250, £250 to £700 and £700 and above. The policy says that compensation will be considered on a case-by-case basis depending on various factors including whether the landlord was responsible for causing the problem, and the length of time it took to put things right.
  3. The compensation policy specifies that the landlord will pay residents £15 in the event that a member of its staff or its repair contractor fails to keep an appointment, without giving 24 hours’ notice where it is reasonably practicable to do so. It also confirms that it will not pay compensation for a resident’s loss of earnings when taking time off work to allow access to their home for repairs to be carried out, which is an obligation in the tenancy agreement or lease.

Assessment

  1. The landlord acted reasonably by arranging for a surveyor to assess the property in response to the resident’s concerns about the windows. The landlord followed the surveyor’s recommendations with regards to the repairs which were identified as necessary to the windows.
  2. It is evident that the landlord did not complete the window repairs that it agreed to by 30 April 2021, or within 28 calendar days, in line with its repairs policy. However, its records demonstrate that it has taken proactive steps to attempt to complete the works recommended by the surveyor and contractors in line with its obligations. There were some delays which were outside the landlord’s control, it attempted to complete the works in the week of 11 May 2021, but determined that further materials were required, and offered an appointment for 24 May 2021 to complete the repairs.
  3. Also, the landlord’s contractor had some difficulty in contacting the resident to arrange the works. The landlord suggested that the repairs could be completed without the resident needing to be in the property as the windows could be accessed externally. The resident said she wanted to be in the property for the repairs because she was concerned that her pet dogs would be scared by the noise from the repairs. The Ombudsman is not questioning the resident’s reasons for wanting to be in the property for the repairs. However, the landlord was not responsible for the delay this caused in arranging the appointment as it had offered an alternative which could have resulted in the repairs being completed sooner. However, the landlord has acknowledged that its communication, particularly in relation to the appointment scheduled for 21 May 2021, may have been unclear. The landlord has offered the resident £15 for this appointment not going ahead, which was in line with its compensation policy.
  4. The resident has said that she lost £200 in earnings because the appointment was cancelled without notice. The compensation policy states that the landlord does not pay compensation for loss of earnings and therefore the landlord would not be obliged to pay compensation for this.
  5. In response to the resident’s concerns about its surveyor’s findings, the landlord has reviewed the local authority’s environmental health department’s report and confirmed that it did not appear to make any difference to the repairs which the landlord was obliged to carry out. This was a reasonable response by the landlord as the environmental health report did not recommend any further repairs, aside from those which the landlord had already agreed to carry out. The environmental health report recommended that the extractor fan in the bathroom should be replaced, but the landlord would not be responsible for this as the resident is responsible for carrying out repairs to the inside of her property.
  6. The landlord has also provided the resident with appropriate advice in relation to her concerns about other repairs in the property. In line with the terms of the lease, the landlord referred this as a defects claim to the developer who built the property and passed on the developer’s decision not to pay for the repairs as they would not be considered to be defects. It was appropriate for the landlord to explain that the resident would be responsible for internal repairs to her property, in line with the terms of her lease. The landlord would not be responsible for these repairs.
  7. The resident has argued that the repair issues inside the property were defects as they have become apparent only three years after the property was built. In order to be considered defects, the issues would need to have been present when the property was built and in general, defects would be expected to be reported to the landlord within twelve months of the property being built. In this case there is no evidence that the repair issues the resident has reported were identified in the twelve months after the property was built. Therefore, they would not be considered defects and the landlord would not be responsible for repairing them.

Determination (decision)

  1. In accordance with paragraph 55 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to our investigation which, in the Ombudsman’s opinion, resolves the complaint about the about its handling of repairs to a window satisfactorily.

Reasons

  1. While there were some delays in the completion of the window works, this appears to have been largely due to the resident’s availability. The evidence demonstrates that the landlord has been proactive in its attempts to complete the repair, and it has offered the resident compensation for a missed appointment due to miscommunication, in line with its compensation policy.

Recommendations

  1. The landlord should complete any outstanding repairs to the windows in line with the timescales given in its repairs policy and it should keep the resident updated if there are further delays.
  2. The landlord should consider offering compensation if there have been any further delays to the window repairs following its final response to the complaint dated 18 June 2021.