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Hyde Housing Association Limited (202403264)

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REPORT

COMPLAINT 202403264

Hyde Housing Association Limited

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 handling of the resident’s:
    1. Concerns regarding the gable end wall of his property.
    2. Complaint.
  2. We have also considered the landlord’s record–keeping.

Background

  1. The resident, an assured tenant of the landlord, has lived in his 1-bedroom first-floor flat since 2015. Although the landlord has no recorded vulnerabilities for the resident, the resident has said that his mental health has been affected due to reported issues.
  2. In January 2024, the resident complained to the landlord, stating that he had reported a health and safety issue regarding the gable end wall of his property, which he said creaked and moved when touched. An inspection had been scheduled for 27 December 2023, but no one attended. The landlord then initiated a routine repair inspection on 29 January 2024, which he said did not address the urgency of the matter.
  3. The landlord raised a works order on 6 February 2024 to obtain a quote to:
    1. Remove all vegetation at the base of the gable end wall.
    2. Supply and fit an acro-drain the full length of the gable end wall.
    3. Supply and fit soakaway for the acro-drain.
  4. On 8 February 2024, the landlord replied at stage 1 of the complaints process and said:
    1. An operative visited on 29 January 2024 to inspect the wall, finding it in good condition with no visible cracks.
    2. On 2 February 2024, a surveyor and roofing manager inspected the roof and determined that the lead flashing needed replacement, the brickwork required repointing, and a brick needed replacing. The repairs were scheduled for 26 February 2024.
    3. The landlord acknowledged the need for quicker repair responses and apologised.
    4. It offered £300 in compensation: £150 for service delays and £150 for distress and inconvenience caused.
  5. The resident escalated his complaint on 10 March 2024 because he said the repairs had not resolved the problem.
  6. On 18 April 2024, the landlord issued a stage 2 response. It said:
    1. The roofing team attended on 13 April 2024 and finished all necessary repairs.
    2. It had not communicated or reassured the resident about how it would resolve the creaking noise, and the repairs were not completed when they should have been.
    3. It apologised and increased its compensation offer to £450, which included £50 for the resident’s effort in pursuing the matter, £200 for the delay in repairs, and £200 for the distress and inconvenience.
  7. The resident remained unhappy with the landlord’s response and asked us to investigate the complaint, as he said the repairs had not resolved the problem.

Assessment and findings

Scope of investigation

  1. The resident said the issue with the wall has been ongoing since 2018. Our investigation can be time-limited in relation to when a complaint was brought to the landlord’s attention. Therefore, our assessment has focused on events from December 2023 onward. This is the date the resident raised a new report regarding the gable end wall, which led to his complaint in January 2024.

 

 

Record keeping

  1. The landlord has provided limited repair records regarding the complaint, with no evidence of when the resident raised concerns in December 2023. This lack of records has complicated the verification of the report date and the assessment of the landlord’s response.
  2. Due to the absence of records, confirming when repairs were requested and completed and the priority assigned has also been difficult. Additionally, evidence suggests that work orders were raised and cancelled because they were submitted to an incorrect address. Further examples have been referenced in the assessment of the main issue below.
  3. Landlords should have clear record-keeping systems for logging repairs and tracking actions taken, as emphasised in our Spotlight Report on Knowledge and Information Management (KIM report). The absence of records impacted the landlord’s ability to review and assess the actions and the repairs that had been completed, which likely impacted its initial response at stage 1 that all repairs had been completed when they had not.
  4. As such, we have found service failure in the landlord’s record keeping and have ordered it to review its record keeping practices in line with our KIM spotlight report.

Concerns regarding the gable end wall of the property

  1. The landlord’s repairs policy confirms that the landlord is responsible for maintaining the structure and exterior of the property. It confirms that it will respond as an emergency if a repair is required to sustain the immediate health and safety or security of the resident or if it affects the structure of the building. In cases like this, it will respond within 4 hours and make the building safe within 24 hours.
  2. The landlord initially scheduled an inspection for 27 December 2023, which was missed. We have no record of this inspection or when the resident made the initial report. The landlord did not explain why the appointment was missed or acknowledge the distress and inconvenience it caused to the resident.
  3. The rescheduled appointment did not occur until 29 January 2024, more than a month later, which was an unreasonable delay considering the resident’s safety-related concerns. The resident reported that he thought the property structure was at risk and highlighted concerns for his safety. The landlord should have raised an emergency repair in line with its repairs policy. It is unclear why it did not. The resident felt that the landlord was not acting with the urgency he felt was required.
  4. After inspecting on 29 January 2024, the landlord determined that the wall was in good condition, but some of the faces to the roof’s edge had come away and required repairing. While the operative said he could not see any issues, a further investigation was recommended. The landlord responded appropriately by instructing a surveyor and roofing manager to inspect on 2 February 2024.
  5. The 2 February 2024 inspection confirmed a dislodged brick on the gable wall, which it identified as a possible cause of the issues reported, as well as a breach of the lead flashing. Repairs were made to remedy the issues.
  6. Given his obvious safety concerns, it would have been reasonable for the landlord to explain the findings to the resident at the time of the inspection. Had it been explained, it could have alleviated some of the residents’ concerns. The landlord appropriately recognised that it should have done this in its stage 2 response.
  7. In its stage 2 response, the landlord acknowledged that it had not completed all repairs despite confirming in its stage 1 response that it had. It remains unclear whether the landlord had accurate records to base its conclusions on. The landlord confirmed that all repairs were completed on 13 April 2024.
  8. The resident maintains that the repairs have not satisfactorily resolved the issues with the property. However, evidence indicates that the landlord took appropriate steps by engaging a qualified surveyor to conduct a thorough assessment of the gable end of the building. The surveyor determined that there were no structural concerns affecting the property’s integrity, allowing the landlord to rely on this expert evaluation when addressing the resident’s concerns.
  9. The landlord acknowledged its failings in handling the repairs, apologised for the impact on the resident, and offered compensation. The landlord also identified lessons from the complaint, including the need to respond more quickly when repairs are initially reported. Therefore, we have concluded that the landlord provided reasonable redress in its handling of the resident’s concerns regarding the gable end wall of the property.

Complaint handling

  1. The landlord’s complaints policy, effective at the time of the resident’s complaint, confirmed that complaints would be acknowledged within 5 working days and responded to within 10 working days after acknowledgment. Stage 2 complaints would be addressed within 20 working days of receiving the escalation.
  2. The resident complained on 25 January 2024, and the landlord acknowledged it on 29 January 2024, responding by 8 February 2024, within the required timeframes.
  3. However, the landlord delayed acknowledging the stage 2 escalation, which the resident submitted on 10 March 2024. The landlord acknowledged this escalation on 19 March 2024, beyond the 5-working-day timeframe, and sent a further acknowledgment letter on 22 March 2024, further delaying the process.
  4. The landlord failed to acknowledge any delays in its complaint handling, and therefore, we have found service failure.

Determination

  1. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, the landlord offered reasonable redress in its handling of the resident’s concerns regarding the gable end wall of his property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failing in the landlord’s handling of the complaint.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failing in the landlord’s record-keeping.

Orders

  1. Within 4 weeks of the date of this report, the landlord is ordered to:
    1. Apologise to the resident for the delay in the complaint handling.
    2. Review its record-keeping practices and confirm what steps it has taken or will take to ensure it has accurate, easily accessible repair records.
    3. Review its complaint-handling process that occurred in this case and confirm what steps it has taken to address these failings.

Recommendations

  1. If this has not been paid, the landlord should pay the resident £450 compensation within 4 weeks, as offered at stage 2.
  2. Our finding of reasonable redress for the handling of the concerns regarding the gable end wall of the property is made on the basis that this compensation is paid.