Clarion Housing Association Limited (202222531)

REPORT

COMPLAINT 202222531

Clarion Housing Association Limited

22 January 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 response to the resident’s:
1. Reports of repairs required to communal steps.
2. Reports of a leak into the meter cupboard.
3. Associated complaints.

Background

The resident lives in a 3-bedroom first floor flat in a converted house. He has held a tenancy with the landlord’s predecessor since 1982. The landlord is a housing association. The resident was represented by his son during the complaint process and this report will refer to ‘resident’ including times where the representative acted on his behalf.
The resident reported damage to outside steps in December 2020. The landlord attended but the problem was not resolved. The resident complained in November 2021 about the landlord’s poor response to repairs relating to outside steps, cracks in the ceiling and water ingress into the external meter cupboard. He was also unhappy about landlord staff and the lack of response to his correspondence.
The landlord responded to confirm the cracks in the ceiling had been repaired. Appointments were made to repair the meter cupboard and finish the job which had been started to repair the outside steps. It acknowledged a delay and offered £540 compensation.
There were further delays and the landlord’s final response in April 2022 said that work to the steps would be done in 4-6 weeks and it offered a further £50 in compensation. The landlord’s records show the steps were reported again in November 2022. The repair to the steps was finished in December 2022, 2 years after they were first reported.
The landlord said the outside steps have been repaired, but the external meter cupboard was not leaking, and the damp was not its responsibility. It offered a further £100 compensation for the delay due to a cyber-attack which prevented it from accessing email.
The resident wants the landlord to complete all remedial works at the property, improve its communication and ensure he is notified and updated of planned actions.

Assessment and findings

Scope of investigation

The resident’s initial complaint in November 2021 included damage caused when upstairs neighbours erected scaffolding on a flat roof above the resident’s ceiling. After the final response relating to the steps and meter cupboard, the resident raised the issue of the flat roof again. The landlord issued a final response in December 2022 and said the resident must instigate an insurance claim for any damage caused by a third party.
The issue of the flat roof was not part of the complaints referred to this Service by the resident, so is not included in the investigation report. This investigation covers the report of repairs required to the communal steps and resulting leak into the meter cupboard, and the associated complaint handling.

Assessment

Communal stairs

The tenancy agreement provided by the landlord says that it is responsible for repairs to pathways, steps or other means of access. It must take reasonable care to keep common entrances, stairways and any other common parts in a reasonable repair and fit for use. The neighbourhood management policy includes communal stairs, bin stores and pathways, and communal services to flats.
In this case, the landlord does not dispute that it has responsibility for the external steps. The Ombudsman has therefore looked to ensure that the landlord responded to reports of repairs appropriately, and if there were failings in its response, that it has taken steps to rectify this.
The landlord’s repairs and maintenance policy, effective December 2021, covers day to day responsive repairs. Section 5.1 says that residents can report repairs by telephone email or online, the contact centre will aim to call back within 5 working days to offer an appointment.
The resident was concerned that when he called an individual member of staff, they were unwilling to assist him and on one occasion put the phone down. The landlord has said that another member of staff had given the individual’s phone number in error. It said that repair calls must go centrally to ensure they are logged, and resources allocated.
The matter of the member of staff was investigated and the landlord was satisfied that they were not rude to the resident, but that he was unwilling to follow the repairs procedure. In the absence of any evidence to the contrary, the landlord’s actions in investigating this issue and explaining that calls must be made to the repairs line was appropriate in the circumstances.
The repairs policy says that if the report is for a non-emergency repair, the next available appointment will be offered at the resident’s convenience within 28 calendar days of the repair being reported. The landlord also offers appointments for communal repairs in some areas, and these must always be completed within 25 days.
In this case, the evidence shows that the repair to the steps was first reported in December 2020. A week later, the resident told the landlord that someone had been to the property and took photographs but nothing had been heard since. The issue was raised again in January 2021 when the landlord said an operative was on their way.
The resident raised the matter again 8 months later and said that water was leaking into the cupboard downstairs. The resident’s son complained on 15 November 2021 about the lack of action in respect of the worn step. He said it was a trip hazard, and his mother was a pensioner. The resident’s son and delivery drivers had tripped. He said that the damaged step caused a leak into the meter cupboard which was a danger due to the electrics inside.
The landlord booked an inspection for 26 November 2021, but prior to this it was reported by another tenant that an operative had attended to repair the steps but had ‘botched’ the job. A further appointment was raised for 5 January 2022, but landlord records show that the operative then required materials, so work was not carried out on that day.
The repair was not completed until December 2022. This is a considerable delay, particularly given the potential for a trip on the steps. However, the landlord paid £545 compensation in December 2021. This included £350 relating to its failure to follow the process, time taken to resolve the repair, and in light of the resident’s vulnerabilities and the multiple appointments that had taken place.
The landlord offered a further £50 compensation in April 2022 in respect of its failure to carry out follow up work, and another £100 for delays in responding to the resident’s further contact. It is apparent that the resident’s son spent time trying to resolve the repair, over an extended period. He was told that the matter would be resolved, only to be disappointed when this did not happen. His frustration is understood, and it is fair in all the circumstances that the inconvenience is reflected in the remedy paid by the landlord.
Given that the landlord awarded £350 for the initial delay of a year, and £150 in respect of the second year, it would be reasonable if a further £200 be paid to the resident. This would acknowledge the total delay of 2 years in the landlord responding to the steps repair. This is in line with the Ombudsman’s recommended remedy for cases where there was a failure which adversely impacted the resident but where there was, thankfully, no permanent impact.
It is noted that the landlord carried out a repair to the steps, whereas the resident says he was told that the steps would be asphalted. The resident wanted the steps asphalted, as he believed that would stop the leak into the meter cupboard below.
The Ombudsman does not doubt that the resident was told this, however it is up to the landlord how it resolves the repairs to its properties. Ultimately, the repair has been carried out, and the landlord has expert personnel who have made the decision on how to complete the repair, and what was required to stop any leaks as required. The Ombudsman has no basis for making a contrary finding.

Leak into meter cupboard

As above, the landlord’s repair policy says that communal repairs should be resolved within 25 days. In cases where there is no responsibility for a particular repair, the Ombudsman looks to see that the landlord explains the reason for this to the resident in a reasonable timeframe.
In respect of the leak into the meter cupboard, the landlord made it clear that it was satisfied that there was no leak into the cupboard, and that the damp was due to the cupboard being outside and below the water table. It stated that the meters are able to withstand this moisture, and it had no health and safety concerns.
The landlord further explained that it has no responsibility for the meters, and if the resident has any concerns he should contact the national grid. It is noted that since the landlord’s complaint responses, the resident has told this Service that he has concerns about pipes going into the meters, and the stability of the meters themselves. This is a matter that the resident should take up with their energy suppliers.
There is no evidence that the landlord acted inappropriately in declining to carry out repairs (beyond to the door of the cupboard which it has done) on the meter cupboard. The landlord did delay in responding to the resident’s reports regarding the cupboard, however.
The resident first raised concerns about the risk of water in the meter cupboard in October 2021. The landlord said in its complaint response in December 2021 that an appointment was scheduled for 5 January 2022. Landlord notes in March 2022 show that there was no leak into the meter cupboard, which was an outside storeroom with no insulation. A surveyor was booked to attend on 7 April 2022 to “manage expectations.”
The stage 2 complaint response dated 20 April 2022 said that the surveyor found that the meter box was not demised to the property and not intended for storage, it was below the water table and the landlord was not responsible for likely damp, or maintenance of any door installed. It said that any related damp inside the property would be followed up by the landlord and the contact number was given to report any issues. It did say that the repair to the steps should mitigate any damp entering the meter cupboard.
The landlord delayed from October 2021 to April 2022 in providing the reassurance of a response following a surveyor’s inspection. It explained that there was difficulty securing an appointment due to the workload in that area. It offered £50 compensation relating to the delay in the surveyor’s inspection, which it appears covered the repair to the steps as well. As above, this has been included in the calculation of the remedy due in respect of the steps.
The resident raised the issue of the meter cupboard again and the landlord reiterated that it felt there was no health and safety concerns in its letter dated 20 December 2022. The landlord had already answered the resident’s concerns in April 2022, albeit the resident remained dissatisfied with the explanation. It has not been shown that there was any failure by the landlord in respect of its response, beyond the initial delay.
The landlord should pay the resident £100 for the delay in providing a significant response from October 2021 to April 2022. This is in line with the Ombudsman’s remedy guidance for cases where there was service failure which may not have affected the overall outcome. This applies here as it has not been shown that the landlord is responsible for any damp on the meter cupboard, but that it should have clearly explained this and reassured the resident sooner than it did.

Complaint handling

The landlord provided a link to its complaints policy effective March 2020 which did not state timescales for a response. The Interim Complaints Policy provided by the landlord online says that it aims to respond to all complaints received after 17 June 2022 within 20 working days at stage 1 and to resolve stage 2 complaints within 40 working days. For complaints received before this date, the landlord will ‘try to progress these through to a resolution’.
In this case, the complaint process was prior to June 2022, when there were no timescales given by the landlord. The Ombudsman would look to see that complaint responses were issued in a reasonable time and manner.
The resident’s first formal complaint about the steps and meter cupboard was submitted on 15 November 2021. The stage 1 response was issued on 21 December 2021, which was not excessive. The response also apologised for the delay in the complaint being dealt with and £25 compensation was offered for that delay.
The resident asked to escalate the complaint on 2 March 2022. It is noted that there was some confusion as to the email address used to contact the landlord, but the details of the property were given so it should have been possible to identify the resident from this. The resident made further contact and the complaint was acknowledged on 15 March 2022 when the landlord said a response would be issued by 19 March 2022. The response was sent on 20 April 2022, and it did apologise for the delay. However, while it offered him compensation in respect of the delay in the follow up work on the repair, none was offered for the delay in the complaint process.
It is reasonable that the landlord should pay the sum of £50 to the resident in respect of the delay in the stage 2 complaint response. This is in line with the Ombudsman’s guidance where there has been service failure which includes delays in getting matters resolved, and this was not appropriately acknowledged by the landlord.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was service failure by the landlord in respect of:
1. Its response to the repair to the steps.
2. Its response to the repair to the meter cupboard.
3. Its response to the resident’s complaint.

Orders

Within 4 weeks of the date of this determination, the landlord should pay the resident the total sum of £350, in addition to its compensation offers, as follows:
1. £200 in respect of the repairs to the steps.
2. £100 in respect of the repair to the meter cupboard.
3. £50 in respect of complaint handling.
The landlord should provide evidence to this Service that the above orders have been complied with, within 4 weeks of this determination.