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Citizen Housing (202225497)

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REPORT

COMPLAINT 202225497

Citizen Housing

17 March 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

  1. The complaint is about the landlord’s response to reports of damage to the resident’s property because of a leak.

Background

  1. The resident has lived in the one-bedroom flat since 2005. He has an assured tenancy from the landlord of the flat, which is the top floor flat in a communal block with a communal flat roof. The landlord has no vulnerabilities recorded for him.
  2. On 21 November 2022, the resident contacted the landlord’s out of hours emergency line to report an uncontrollable leak. This was from the communal flat roof above and had affected his kitchen and bathroom. The landlord registered the repair request and categorised it with a deadline of 12 days.
  3. The resident raised a complaint with the landlord on 23 November 2022, as he said it had not dealt with the leak. The resident stated this previously happened in 2016, when the landlord replaced the roof, and it should have known it was likely to happen again. He said he wanted compensation for this damaging his belongings, and as he had to take time off work. He said his VHS recorder, an airbrush compressor, and pieces of his art had been ruined due to the leak.
  4. The landlord’s stage 1 response stated it had booked the repair work for 15 December 2022. During the conversation with the resident, he raised that his soil vent pipe was shorter than his neighbours. The resident said it needed to lengthen the soil pipe, which he said caused the leak. The landlord said it would look at this. However, it said it could not have predicted a leak would happen, nor could it have prevented it. Therefore, it would not consider the resident’s request for compensation for his belongings. The landlord recommended its residents take out home contents insurance for such events. The landlord confirmed it does not pay compensation for loss of earnings.
  5. The landlord’s records show that, on 15 December 2022, it repaired the communal flat roof and increased the height of the resident’s soil vent pipe. It removed rubbish and resealed the roof. In the landlord’s final response letter, it repeated the findings from its stage 1 response. It stated it could not link the 2016 issue with this one. It believed it correctly completed the new roof in 2016, which resulted in no further issues until 2022.
  6. The resident remains dissatisfied and wishes us to investigate. He is unhappy the landlord is not taking responsibility for resolving the leak and preventing it from happening again. He would like the landlord to compensate him for his belongings as a resolution. The resident has confirmed there was a further leak this year, after which the landlord gave him decorating vouchers. He had no further damage to his belongings.

Assessment and findings

Scope of investigation

  1. The resident has described being unhappy with the landlord’s handling of leaks from his block’s roof in 2016 and 2025. It is outside the scope of this investigation to consider the landlord’s handling of leaks into the resident’s property except the 2022 leak. This is because, under paragraph 42.a. of Scheme, the Ombudsman may not consider complaints made before they have exhausted the landlord’s complaints procedure. We have seen evidence the resident has exhausted the landlord’s complaint procedure for the 2022 leak. Therefore, this investigation will focus on the landlord’s handling of that leak.
  2. Also, under paragraph 42.c. of the Scheme, we may not consider complaints that were not brought to the landlord’s attention as a formal complaint within a reasonable period of time normally within 12 months of the matters arising. No evidence has been provided of the resident formally complaining to the landlord about its handling of the 2016 leak before 2022. Therefore, we may also not consider a complaint about the 2016 leak because there is no evidence this was brought to its attention as a formal complaint within a reasonable period.

Leak damage

  1. The landlord took longer than the 12 days it allocated itself to resolve this issue. After being alerted out of hours on 21 November 2022, it attended 18 working days later on 15 December 2022. We have not seen evidence the landlord completed any work in the meantime, or that it took measures to reduce the problems the resident experienced. It would have been appropriate for the landlord to consider any temporary relief measures. This could have been, for example, the offer of a dehumidifier or a temporary roof repair to stop further damage.
  2. In its stage 1 letter, the landlord stated it could not have predicted or prevented the leak. As such, compensation for the resident’s belongings was not due. Whether the landlord was required to have carried out prevention work to stop the leak is key in this case.
  3. The resident advised the landlord that his soil vent pipe was lower than his neighbours. Also, that leaves from the local trees clogged the drains. The resident believed both factors resulted in the leak. In information provided to us by the landlord, it noted leaves block the side drain outlets on the roof every year. It further advised it had installed safety bars on the roof to be able to clear it. This shows the landlord knew about the issue. Therefore, it would have been reasonable for it to have done something to prevent the leak, such as a regular drain cleaning schedule, which the resident said it did not have. We have not seen evidence the landlord cleared the side drain outlets or used the roof safety bars.
  4. This was despite the resident’s tenancy agreement requiring the landlord to keep the outside and communal areas of his flat in working order. Under its repairs and maintenance policy the landlord provides inspections and cyclical and planned maintenance to protect its housing stock. It also follows maintenance service standards where it is responsible for maintaining or servicing communal systems.
  5. To deal with the repair, the landlord’s records show it increased the soil vent pipe length and repaired and resealed the roof. This suggests the resolution was, at least in part, the soil vent pipe issue, which the resident mentioned.
  6. The landlord’s compensation policy states the landlord will award discretionary compensation when personal belongings have been damaged as a direct result of the landlord’s actions or inactions. While we cannot determine if the landlord’s actions or inactions damaged the resident’s belongings, as we do not have the authority or expertise to do so, it was aware this could be an issue. It had installed safety features to be able to clear the drains, but there is no evidence it did this. As such, compensation is due because there is no evidence the landlord kept the drains in working order or regularly maintained or inspected, as required by the resident’s tenancy agreement and its repairs and maintenance policy.
  7. It was reasonable, however, for the landlord to not operate a system to compensate for loss of earnings, as residents are obliged to be present to provide access for repairs under their tenancy agreements. This is also in line with the Ombudsman’s remedies guidance.
  8. The landlord did not deal with the communal roof leak repair in the 12-day timeframe it set itself. It also did not offer the resident any temporary relief measures to reduce the effect of the leak on him, his flat, or his belongings. When considering compensation, the landlord failed to recognise a staff member knew this happened every year. Also, that it had put in measures to be able to safely gain access onto the roof, but it did not evidence it used this. As such, the Ombudsman finds there was maladministration in the landlord’s response to reports of damage to the resident’s property because of a leak.
  9. We have ordered the landlord is to apologise to the resident for the failings found in this report. We cannot determine responsibility for or the value of the resident’s damaged belongings. Therefore, we have ordered the landlord to provide its liability insurance details to him to allow him to make a claim to its insurers for damages to his belongings. We have also ordered the landlord to pay £600 compensation for the resident’s inconvenience and distress. This is in line with the Ombudsman’s remedies guidance’s recommendation of awards of up to this amount in recognition of landlords’ delays adversely affecting residents, resulting in maladministration. We have additionally ordered the landlord to make sure it puts roof inspections and drain clearance as at least an annual maintenance programme for the resident’s block.

Determination

  1. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s response to reports of damage to the resident’s property because of a leak.

Orders

  1. The landlord is ordered to:
    1. Write to apologise to the resident for the failings found in this report.
    2. Put in place at least an annual drain clearance maintenance programme and roof inspection for the resident’s block.
    3. Pay the resident compensation of £600 for his distress and inconvenience from its response to reports of damage to his property because of a leak.
    4. Provide its liability insurance details to the resident to allow him to make a claim to its insurers for damages to his belongings.
    5. Confirm compliance with these orders to us within 4 weeks of the date of this report.