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Gentoo Group Limited (202316350)

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REPORT

COMPLAINT 202316350

Gentoo Group Limited

31 July 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

  1. The complaint is about the landlord’s response to the resident’s request for the windows at her property to be replaced.

Background

  1. The resident is an assured tenant of the landlord, her tenancy began on 7 September 2020. The property is a 2 bedroom house, the resident is the sole occupier of the property. The landlord has advised it is aware the resident has ADHD.
  2. Records provided for this investigation show the landlord raised a works order on 6 July 2022 following reports that the windows were “leaking in and not closing”. This was the first recorded repair raised by the landlord, regarding the windows, since the resident’s tenancy began. Its notes from this order state it checked the windows, some required “new seals” however the resident had “refused the repairs” and requested new windows. It further inspected the windows in October 2022 and reiterated it would not replace the windows.
  3. The resident made a complaint to the landlord on 15 November 2022 after she had “asked for help” for 2 years about the condensation on her windows and the blown glazing. She stated nothing was being done despite the “whole estate” having a window upgrade. She said her windows were “soaked” in the mornings and she had to use 2 towels to wipe them. She said the “mould goes up the stair carpet” due to the damp the door caused and mentioned “fag burns” in her bath.
  4. The landlord inspected the property on 16 November 2022 and noted the windows to be double glazed, “with all ground floor windows in the old single glazed frames”. It also noted:
    1. Condensation to be present.
    2. The frames to have gaps in.
    3. Lack of ventilation was cause of “slight damp” in the rear room.
  5. The landlord provided it stage 1 response on 12 January 2023. Within its response, the landlord:
    1. Acknowledged the windows were “of an age”.
    2. Confirmed as the windows were double glazed, they did meet a lettable standard.
    3. Confirmed it would not replace the windows due to this.
    4. Explained it had properties with single glazed windows which were its priority to be replaced. It said it aimed to complete this renewal at the end of 2023 and would then look at renewing “old style double glazing”.
    5. Confirmed it had requested the resident’s windows be prioritised for the next programme but could not give a timescale.
    6. Confirmed the bath was repaired and the resident had confirmed the issue to be resolved.
  6. The resident had made it clear to the landlord she did not agree with the decision to not replace the windows in a call on 3 January 2023, the landlord confirmed this on 16 January 2023 and acknowledged the residents request to escalate to stage 2.
  7. The landlord issued its stage 2 response on 23 January 2023. It apologised for the distress caused by the situation and advised:
    1. It was satisfied that appropriate steps had been carried out following the resident’s complaint.
    2. It had assessed the windows on 16 November 2022 and concluded that they did not need renewing.
    3. Its current priority was to replace single glazed units across its stock.
    4. Once it had done that, it would look at double glazed units for replacement.
    5. A repair had been booked for 2 March 2023 to attend to the roof which the resident had reported tiles missing.
  8. The resident brought her complaint to the Ombudsman on 13 July 2023. She said:
    1. She had complained “for years” and gotten nowhere.
    2. Her window frames had holes in.
    3. She was unable to leave the windows open as they had no safety locks on them.
    4. All the windows leaked and did not lock.
    5. The seals were still broken.
    6. She could hardly see out of the kitchen window due to the blown glass.
    7. Her property was cold due to the windows.

Assessment and findings

  1. The resident has expressed concerns regarding the impact the situation has caused to her wellbeing. The Ombudsman does not doubt the resident’s comments. However, it is beyond the authority of the Ombudsman to make a determination on whether there was a direct link between the complaint and the resident’s physical or mental wellbeing. The resident therefore may wish to seek independent advice on making a personal injury claim if she considers that her health has been adversely affected by any action or lack thereof by the landlord. Whilst we cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident reports that they experienced because of any errors by the landlord.

The landlord’s response to the resident’s request for the windows at her property to be replaced.

  1. In accordance with the landlord’s repairs and maintenance policy, the tenancy agreement and the Landlord and Tenant Act 1985, the landlord is responsible for the repair and maintenance of the structure of the property, which includes windows. Once on notice, the landlord is required to carry out the repairs or works it is responsible for within a reasonable period of time, in accordance with its obligations under the terms of the tenancy agreement and in law. The law does not specify what a reasonable amount of time is; this depends on the individual circumstances of the case.
  2. The Homes (Fitness for Human Habitation) Act 2018 ensures that all rented accommodation is fit for human habitation. It required landlords to ensure their properties are fit for human habitation at the beginning of, and throughout, the tenancy. This means a property must be safe, healthy and free from hazards, including maintaining an adequate level of thermal comfort.
  3. The landlord’s asset management strategy says its focus has been shaped by the need for significant catch-up investment, for example the need to replace single with double-glazed windows in over 11,0001 of its properties.
  4. The landlord’s response to the residents reports of her windows leaking and not closing was not unreasonable. Its repair and maintenance policy says routine repairs will be completed within 28 calendar days and the landlord attended the resident’s property within this timeframe. It is not clear from the records provided however, if the residents windows were not secure, or if the repair was awarded a high priority. Upon inspection, the landlord noted some repairs to the seals were required but the resident refused the repairs. No evidence has been seen that the landlord took any further action following this works order which is not reasonable. The landlord has been therefore unable to demonstrate it fulfilled its repair obligations.
  5. The landlord inspected the windows further in October 2022 and noted no repairs were required to the windows, from the evidence provided it is not clear if the required repairs from its earlier inspection had been carried out which is unsatisfactory.
  6. Clear record keeping is core to a repair service and assists the landlord in fulfilling its repair obligations. Accurate, complete, and accessible records ensure that the landlord can understand what repairs are required, monitor outstanding repairs, and enable the landlord to provide accurate information to residents. A system should be in place to maintain accurate records of repair reports, responses, inspections and investigations. Good record keeping is vital to evidence the action a landlord has taken and failure to keep adequate records indicates that the landlord’s processes are not operating effectively.
  7. The landlord’s decision to not replace the resident’s windows was in line with its asset management strategy, it confirmed in both its complaint responses it would not replace the windows at the time as its focus was to replace all single glazed units in its stock. This response was reasonable, clear and consistent. It was also appropriate for the landlord to rely on the expertise of the specialists it employs to accurately diagnose an issue and inform their decisions on how best to remedy the issue.
  8. However, the landlord failed to outline in its complaint responses what repairs, if any, were required to the windows, which would have been reasonable. The landlord also failed to acknowledge the resident’s comments about heating her home and the mould on the stair carpet which is not appropriate. Although this could be a record keeping issue, it would have been reasonable for the landlord to respond to these comments within its stage 1 complaint response on 12 January 2023.
  9. The landlord has advised the Ombudsman it will continue to respond to reports of repair to the windows up until the units are replaced and evidence has been seen to demonstrate it has attended reports of repair after its internal complaint process had concluded. This is reasonable as the landlord has an ongoing statutory repairing obligation and an obligation to provide a property that is fit for human habitation.
  10. Overall, the landlord communicated a consistent message to the resident about its decision to not replace her windows and there is no evidence to suggest the resident was treated unfavourably. The decision to not replace the windows was acceptable at the time, in line with its asset management strategy and in the circumstances that it was made. What is not clear from its records is whether the windows are currently in need of repair, provide adequate security, enable the resident to sufficiently ventilate the property and meet the decent homes standard for thermal comfort. It is for these reasons that a finding of service failure has been made.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in relation to its response to the resident’s request for the windows at her property to be replaced.

Orders

  1. The landlord is ordered to:
    1. Pay the resident £100 for its poor record keeping.
    2. Confirm to the Ombudsman whether the windows at the resident’s property are currently in need of repair, provide adequate security, enable the resident to sufficiently ventilate the property and meet the decent homes standard for thermal comfort.
    3. Advise the Ombudsman of its plan to ensure the above within 4 weeks of the date of this determination.
  2. The landlord should provide evidence to this service that it has complied with the above order within 4 weeks of this determination.
  3. Within 12 weeks of the date of this report the landlord must initiate and complete a management review of its record keeping processes, and ensure its staff are fully aware of its record management policy, procedures and adhere to these in cases such as this. This review should focus on an adequate level of information being recorded to enable effective communication with residents and to make informed decisions as to the economics of continuing a repair approach as opposed to out of programme replacement.
  4. The landlord should provide the Ombudsman evidence of its review within 12 weeks of the date of this determination.

Recommendations

  1. It is recommended the landlord review its window related complaints in line with the recommendations made in the Ombudsmans open letter to landlords on 10 July 2024, ensuring appropriate actions are recognised, responded to, and documented.