Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Clarion Housing Association Limited (202100303)

Back to Top

REPORT

COMPLAINT 202100303

Clarion Housing Association Limited

24 August 2021


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The landlord’s response to the resident’s reports of reoccurring roof leak.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The resident is an assured tenant.
  2. They raised a formal complaint with the landlord on 15 and 21 October 2020. They explained that they had been experiencing a reoccurring leak since they moved into the property. The most recent leaks had caused damage to the property and they were not satisfied with the action the landlord had taken following their reports. In their escalation request of 18 February 2021, the resident added that no roof works or any remedial works had been completed and they were concerned about asbestos in the property.
  3. In its final response, the landlord explained that due to its internal process of including a property to a local programme for roof replacement, periods of inclement weather, asbestos testing and removal of asbestos material from the roof, the roof works were delayed. They were completed on 03 March 2021. The scaffolding was struck on 18 March 2021 due to some additional works required to the flat roof. The landlord apologised for the delays and its communication during the roof works. It explained that it had considered the works to the damaged ceiling to be best addressed following the roof works completion and scheduled them for 26 and 27 May 2021. The landlord apologised for its complaint handling and overall communication. It paid compensation of £800.00.
  4. The resident brought the complaint to this Service on 04 June 2021. They explained that they were dissatisfied with the landlord’s handing of the repairs, the time taken to complete the works and the compensation offered. They were unhappy with the communication in relation to the asbestos tests and the information provided regarding making a claim for damages on the landlord’s insurance.
  5. The resident agreed to participate in the mediation process. They wanted as a resolution to their complaint for the landlord to:
    1. Complete the ceiling works and provide evidence that the ceiling is not affected by asbestos.
    2. The landlord to provide clear information and guidance as to how the resident can claim on their insurance for damages in their property.
    3. An increase in compensation to a total of £1300.00.
  6. This service forwarded the mediation request to the landlord on 14 June 2021.
  7. Following correspondence between this service, the landlord and the resident, on 13 July 2021 the landlord explained that:
    1. It had made arrangements for the ceiling works to be completed on 31 August 2021.
    2. It had advised the resident that they may submit their insurance claim with the landlord’s contractors directly as its insurers had concluded that the landlord was not negligent.
    3. It agreed to increase the compensation to £1300.00.
  8. In further correspondence, the resident requested evidence that it was safe for the works to the ceiling to commence. On 12 August 2021, the landlord provided to the resident and to this Service a copy of Asbestos Sampling Report of 23 March 2021.
  9. On 23 August 2021, the resident confirmed to this Service that they are satisfied with the resolution offered and the information provided by the landlord.
  10. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”
  11. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendations

  1. I recommend that the landlord:
    1. Complete the works to the ceiling as planned on 31 August 2021. In case it incurs any delays in completing the repairs, the landlord should provide detailed information and plan of works to the resident within a reasonable time, and copy the Housing Ombudsman.
    2. To pay the remaining £500.00 compensation to the resident and provide confirmation to this Service.