Hexagon Housing Association Limited (202210306)

REPORT

COMPLAINT 202210306

Hexagon Housing Association Limited

29 February 2024

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:
1. Reports of repairs needed to her balcony.
2. Complaint.

Scope of investigation

The resident’s complaint was duly made to the Ombudsman in November 2022.
The resident told us, on 19 February 2024, that she had a roof leak in December 2022 which had not been resolved and had resulted in damp and mould in various rooms. She had complained to the landlord in October 2023 but had received no response.
Paragraph 42(a) of the Scheme says that the Ombudsman may not consider complaints that have not yet completed a landlord’s complaint process. It gives discretion for the Ombudsman to consider such a complaint where there is evidence of a complaint handling failure where no action has been taken within a reasonable timescale.
We have decided not to consider the resident’s complaint about leaks, damp and mould as part of this case. Although there may be a complaint handling failure by the landlord, the issues are not related to the subjects in this case. Bringing those issues into this investigation would cause delay in us determining this case. We have written to the landlord to ask it to respond to the resident’s complaint about leaks, damp and mould. The resident can ask us to investigate if the landlord does not give a response or if she remains dissatisfied after completing the landlord’s complaint process.
The resident also told us that she had instructed a solicitor and was considering legal proceedings in respect of the various disrepair issues at her home. However, no proceedings have been issued which means the Ombudsman can make a decision on this case.

Background

The resident is the assured tenant of the property, a 2 bedroom flat, from 2014. The landlord is a housing association which owns and manages the block and the resident’s flat.
We understand that the glass panel balustrade on the resident’s balcony is affected by weather conditions. This means the fixings that attach the glass panels to the balcony have needed tightening every year. Initially this was done by the developer when the block was under its warranty. It was done by the landlord’s contractor after the warranty period ended.
The resident reported that the balcony fixings needed tightening on 17 July 2021. The landlord’s contractor attended but felt the balcony was not safe and a lasting solution was needed. The landlord’s surveyor then inspected towards the end of August 2021 and agreed with the contractor’s assessment. The resident chased for progress updates several times.
In February 2022, the resident reported that strong winds had caused the panels to become looser. The landlord’s safety manager inspected the resident’s balcony but no repair work was done at this point.
From March 2022, the landlord arranged for a specialist to inspect the block to diagnose the cause of the balcony issues and recommend solutions. It also communicated with the builder about whether the issue was a latent defect.
The resident made a formal complaint to the landlord on 6 May 2022. She said she was concerned about the safety of her balcony and the landlord’s advice that residents should not use their balconies. She said the landlord had not responded to her concerns and was taking too long to resolve the repair problem. She wanted the landlord to repair her balcony.
Later in May 2022 the landlord wrote to the residents of the block saying it was investigating the balcony issues. It told residents they should not use their balconies until further notice.
The landlord gave its stage 1 response on 26 May 2022 saying:
1. Previous reports of problems with the balcony glazing at the block had been dealt with as isolated repairs and it had not recognised there was potentially a wider issue. It would ensure wider issues were identified sooner in future.
2. It had inspected when it became aware of the issue and had engaged a specialist surveyor. It had also arranged for the manufacturer to check the installation of the glazing panels.
3. It had started discussions with contractors to minimise further delay once a solution to the issue was identified.
4. It acknowledged the situation was concerning to residents and also inconvenient, especially in periods of warm weather.
5. It would consider compensating residents after it had resolved the issue.
The resident asked to escalate her complaint the same day. She said she was not satisfied with the landlord’s response for the following reasons:
1. Its response had been generic and did not address her concerns.
2. She had first reported concerns about the safety of her balcony in July 2021 and had not used it since then.
3. The landlord had not responded to her reports until March 2022 and still had no plans for carrying out the repairs needed.
4. The landlord had not contacted her to explain the delays or apologise.
The landlord acknowledged her escalation request on 1 June 2022 and said it would reply by 24 June 2022.
By August 2022 the landlord had received its specialists advice and a quote for replacing all the glass panels on the block. It asked the specialist to prepare a quote for repairs to compare the cost against that of replacing the panels.
On 16 August 2022 the resident contacted the Ombudsman saying the landlord had not yet given its stage 2 response or repaired her balcony. We wrote to the landlord asking it to provide its stage 2 response by 29 August 2022. We wrote again on 1 September 2022.
The landlord gave its stage 2 response on 4 October 2022 in which it said:
1. It was sorry the resident felt its stage 1 response had been generic. It had received several similar reports of balcony problems and had responded to her complaint explaining the wider approach it was taking.
2. It had identified “inherent” defects which posed a safety risk to her and other residents. It had given updates to all residents on what it was doing to address the issue.
3. It planned to carry out a programme of repair works to the affected properties. It would give further details of the programme by 31 October 2022.
4. It could find no record of her having reported a problem with her balcony in July 2021. The first record it had of her reporting it was on 15 March 2022. It was sorry if it had missed earlier reports.
5. It was sorry it was taking so long to resolve the problems with her balcony and had not contacted her directly to explain its approach or address her concerns.
6. It offered £50 compensation for the delay in responding to her complaint and her inconvenience so far.

Events after the end of the landlord’s complaint process

On 7 October 2022 the resident contacted the Ombudsman again. She said she remained dissatisfied with the landlord’s handling of the balcony repairs and her complaint. She wanted the landlord to repair her balcony and apologise. She wanted compensation for the time she had not been unable to use her balcony and for having to chase for responses.
On 21 April 2023, the landlord told us that it planned to repair the balconies on the block in 2024-25 as part of its capital works programme.
The resident told us she had reported the balcony again in January 2024 after high winds loosened the panels further causing them to lean outwards. She was worried they would fall. She said the landlord had attended and fixed wooden battens to the brickwork to prevent the panels falling but she still did not know when a lasting repair would be done.
We wrote to the landlord on 19 February 2024 asking for its repair log, its planned timescale for repairing the balcony, and evidence of any risk assessments it had done. The landlord replied but did not provide the information we asked for.

Assessment and findings

In reaching a decision about the resident’s complaint we consider whether the landlord met its obligations, followed proper procedure and good practice, and acted in a reasonable way. Our duty is to determine complaints by what is, in this Service’s opinion, fair in all circumstances of the case.

Handling of the resident’s reports of balcony repairs

It is not disputed that the landlord is responsible for the repairs needed to the balcony and for making sure it is safe for the resident to use. The matter in dispute is whether the landlord has responded to her reports appropriately.
The landlord’s tenant handbook and website explain how the landlord prioritises repairs and its response timescales for different types of repairs:
1. Emergency repairs are those which are potentially dangerous to occupants or could cause damage to a building. For example, major leaks or loss of power. The landlord will respond within 24 hours.
2. Urgent repairs are “serious” but not likely to put life or health at serious risk. For example, no heating or hot water. The landlord will respond within 7 days.
3. Normal repairs including carpentry, plastering and non urgent plumbing work. The landlord will respond within 28 days.
4. Planned repairs where no timescale is given for the landlord’s response.
It was reasonable that the landlord initially considered the resident’s report of 17 July 2021 as a “normal” repair and arranged for its contractor to attend.
The landlord has a responsibility under the housing health and safety rating system (HHSRS), introduced by the Housing Act 2004, to assess hazards and risks within its rented properties. Risks from falls and structural issues fall within the scope of the HHSRS.
Once the landlord had inspected by the end of August 2021, it should have considered the safety risks associated with the loose glass panels. It should have considered whether the loose panels were risks that it was obliged to remedy under the HHSRS. We have seen no evidence that it did so. Nor did it carry out any repairs or tighten the fixings.
The evidence shows that the landlord had recognised that there was potentially a wider issue with the balconies on the block from March 2022. From then, the landlord dealt with the issue as a defect affecting the block, instructing specialists and communicating with the developer and building designer. This was a reasonable approach but the landlord should also have considered the specific risks and repair needs for the individual flats affected.
The landlord did not repair the resident’s balcony or tighten the fixings after its inspection around March 2022. This was despite 2 further inspections being done on 7 April 2022 and 13 April 2022. The landlord told us on 21 April 2023 that it had tried to tighten the fixings but could not do so as they were “perished” but it is not clear from the evidence when this had happened.
The landlord did not carry out interim repairs to reduce the safety risks until January 2024 after the resident reported further concerns. It may have done this work sooner if it had assessed the risks at the start and updated its assessment regularly. It should have assessed the risks of the panels falling when the resident raised this concern in her complaint of 6 May 2022.
Despite the work done in January 2024, the balcony is still not safe for the resident to use. This means she has not been able to use her balcony for over 30 months and still does not know when she will be able to do so. The resident’s balcony is her only exclusive outside space and not being able to use it since July 2021 has affected her daily living and enjoyment of her home.
Throughout the events in this case the landlord’s communication with the resident was inadequate. The evidence shows the resident has had to chase for progress updates which often went unanswered. Aside from responding to the resident’s complaint, the landlord sent few updates to her, or other residents, about where it was up to in resolving the balcony issues.
Further, it did not follow up on its promise in its stage 2 response to give details of its planned programme of work by 31 October 2022. Nor have we seen evidence that the landlord has given the resident any updates since its stage 2 response. The resident told us that the continued uncertainty and having to chase for updates had been exhausting and had affected her health and wellbeing.
We understand the landlord’s position in wanting to take a block wide approach in repairing the balconies as part of a planned programme of work. We also understand that the cost of the work is significant.
However, we would expect the landlord to have fulfilled its obligations in carrying out repairs within a reasonable timeframe. We would also expect it to have resolved the safety risks or minimised them as far possible. The landlord has not demonstrated that it has adequately done either.
The landlord’s failings amount to maladministration in its handling of the resident’s reports of repairs needed to her balcony.

Handling of the resident’s complaints

The landlord’s complaint policy at the time of this complaint said the landlord would respond to complaints within 10 working days at stage 1. It would respond within 20 working days at stage 2. The policy had an optional third stage where residents could have their complaint reviewed by a panel of board members. Since this complaint, the landlord has revised its policy and now has a 2 stage process.
The landlord’s stage 1 response did not address all the points that the resident had made in her complaint. For example, it did not address why no work had been done after the resident reported the panels in July 2021, or her point about having called “many” times but not being told what was happening. Nor did it address her concern that the panels could fall from the balcony or explain why it had not sent the information she had requested in March 2022. This suggests that the landlord had not adequately investigated the resident’s complaint before responding. The response was also sent 4 days later than the landlord’s timescale of 10 working days.
The resident escalated her complaint on 26 May 2022 and the landlord acknowledged the escalation on 1 June 2022. However, it did not give a response within its policy timescale of 20 working days. It still did not give a stage 2 response after the Ombudsman intervened twice and the resident sent a further escalation request on 16 August 2022.
The evidence shows that the landlord had failed to recognise the resident’s escalation. Instead, it had logged her escalation as a new complaint. This was a failing by the landlord which meant it gave its stage 2 response, of 4 October 2022, over 4 months after the resident had escalated her complaint.
The landlord’s stage 2 response still did not adequately address the points that the resident had raised. For example, it incorrectly said it had no record of the resident reporting the balcony before March 2022. Again, this suggests that the landlord had not properly investigated before responding.
Nor did its response adequately explain the reasons for the delay in repairing the balcony or why it felt that its updates had been sufficient.
The landlord’s failings amount to maladministration in its handling of the resident’s complaint. Its offer of £50 compensation was not sufficient redress.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s:
1. Reports of repairs needed to her balcony.
2. Complaint.

Orders

Within 4 weeks of the date of this report, the landlord must provide evidence that it has complied with the following orders:
1. Inspect the resident’s balcony and assess the current safety risks. The landlord must provide a copy of its inspection report and risk assessment to the resident and the Ombudsman.
2. Write to the resident setting out any interim repairs it intends to do to minimise the safety risks including its timescales for the work. The landlord must provide us with a copy of its letter.
3. Provide the resident and the Ombudsman with its programme for the capital repairs it intends to carry out to resolve the balcony issues. The programme should include the timescales of when the landlord intends to do the work.
4. A senior manager must write to the resident to apologise for the failings identified in this report. The landlord must provide us with a copy of its letter.
5. Pay the resident total compensation of £1,780. This compensation must be paid directly to the resident and not offset against any arrears. It is comprised of:
  1. £930 for the 31 months that the resident has not been able to use her balcony . This has been calculated at a rate of £30 per month from August 2021 to February 2024.
  2. £600 for the distress and inconvenience caused by its handling of her reports of balcony repairs.
  3. £250 for the distress and inconvenience caused by its handling of her complaint.
6. Continue to compensate the resident at a rate of £30 per month until it completes the repair to the balcony and it is safe for the resident to use.