Islington Council (202313746)

REPORT

COMPLAINT 202313746

Islington Council

28 February 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 reports of repairs required to the walkway.

Background

2. The resident is a leaseholder and bought the lease in May 2022. The landlord is a local council who is the freeholder of the property. The property is a 3-bedroom flat located on the lower and upper ground floors. The property also has a rear garden and rear walkway.
3. The resident reported repairs required to the property on 19 May 2022, this included repairs required to the walkway, drainage issues and downpipe repairs. The landlord attended on 1 June 2022 and 9 June 2022. No defects were found to the walkway. The walkway was water tested. The contractors said they left after clearing any blockages to the drains.
4. On 15 November 2022 the resident submitted his complaint to the landlord. He told the landlord the layer of cement was damaged on the walkway, as such it held rainwater, rather than the water going down the drain. He wanted the landlord to even out the walkway and renew the layer of cement. He also complained about the downpipe leaking, drainage issues, and damp.
5. The landlord sent its stage 1 complaint response to the resident on 30 November 2022. The complaint was not upheld. The landlord stated that the walkway was inspected on 1 and 9 June 2022, and it found no issues.
6. On 15 December 2022 a surveyor attended the property and noted cracked asphalt on the walkway. They also noted the asphalt should be repaired. The resident then wrote to the landlord on 11 January 2023. He said the issues with the walkway were discussed on the phone with the landlord by the end of December 2022. He said he was not provided a date for when repairs to the walkway would start. The landlord responded the following day. It said due to contractor availability it did not know when repairs would start. The next day, the resident said a roofing contractor was not needed and wanted confirmation of the date repairs would take place.
7. The resident wrote to the landlord on 29 January 2023. He told the landlord:
   1. Repairs were agreed to replace the asphalt on the walkway and place a waterproof layer under it.
   2. Despite speaking to contractors on 23 January 2023 he was not told when repairs would start.
   3. He realised repairs took place on 28 January 2023 without him being available and he was not notified.
   4. He was dissatisfied with the quality of works as the asphalt was not renewed and no waterproof layer was applied.
8. On 18 March 2023 the resident emailed the landlord about the walkway. He expressed dissatisfaction with the quality of works. Said the walkway was uneven and holds water and was not going down the drain as it should. He wanted the landlord to arrange for a new asphalt to be added to the walkway, and the walkway to slope down to where drain is. The landlord raised further repairs with contractors 2 calendar days after the resident’s email.
9. The landlord called the resident to discuss his concerns on 2 May 2023. It then sent its stage 2 complaint response to the resident on 12 May 2023. The landlord stated a history of repair works at the property from May 2022 onwards. It addressed concerns related to the walkway and downpipe. It also said the following:
   1. On 16 February 2023 a surveyor attended the property to carry out a structural assessment and found no defects with the walkway.
   2. It had evidence that a contractor attended the property on 25 April 2023 but could not gain access. It accepted this as a missed appointment as the resident said he was inside the property on that day, but no one knocked or called.
   3. A walkway inspection was re-arranged for 16 May 2023. A flood test would be carried out to see whether a repair was required.
   4. It apologised for the delays and inconvenience caused.
   5. It offered £150 in compensation for contractor delays and missed appointments.
10. The resident first contacted this Service about his complaint on 16 July 2023. On 20 May 2024 he confirmed that he wanted us to investigate his concerns about repairs required to the walkway. He said other issues he complained of were resolved. He wanted the landlord to even out the walkway so rainwater could fall down the drain. The landlord said that by 20 May 2024 it completed repairs to the walkway, which involved repointing and renewing the felt and lead flashing.

Assessment and findings

Scope of investigation

11. The landlord’s internal complaint procedure investigated and responded to multiple issues. However, the resident has subsequently confirmed to this Service that he only considers the issue defined above to be outstanding and that the other issues of the complaint have been resolved. Accordingly, this investigation has focused on and assessed the circumstances of the issue that repairs to the walkway remain outstanding.

Repairs required to the walkway

12. Under the provisions of the lease, the landlord is responsible for repairs to the walkway.
13. Following initial reports of repairs required to the walkway, the landlord demonstrated that it had appropriately responded within the timescales set out in its housing repairs guide. The first attendance by the landlord was on 1 June 2022 to clear the blocked drain that was first reported on 19 May 2022. The contractor tested and left the drain running clear. At that stage the resident had also said that the asphalt walkway was holding water and not reaching the outlet. Contractors tested this and found no issues with the walkway drainage. The landlords actions were appropriate at this point.
14. The landlord also found no defects to the walkway when it attended and carried out a water test on 9 June 2022. Both the above visits were inside the 20-working day response time the landlord sets in its housing repairs guide. The landlord is reliant on the technical expertise and professional opinion of its contractors. Therefore, it was also reasonable that the landlord had not taken further action at this stage regarding the walkway.
15. The surveyor’s report dated 15 December 2022 noted that repairs were required to the asphalt on top of the walkway. The evidence shows the landlord and resident agreed by the end of December 2022 that further repairs would be completed. This repair was sent to scaffolding contractors by the landlord and its response to raise new repairs was reasonable.
16. Despite this, it is clear from the evidence the resident was unaware of when repairs would take place and emailed the landlord for clarity on 11 January 2023. The landlord replied promptly the following day and said it had chased the contractors and asked them to prioritise the work. Although the landlord could not give a date for the repairs, it said the scaffolding contractors were waiting for a roofing contractor’s availability. Even though the landlord responded, it was not proactive in its communication as the resident had to chase it.
17. There is no evidence the landlord told him about the date the repairs would be conducted. This is substantiated by his email to the landlord on 29 January 2023. He told the landlord about a call from the scaffolding contractors on 23 January 2023 saying repairs would be undertaken by them. He was told a date would be specified, but this did not happen. While the provisions of the lease allows the landlord access to the property to complete repairs, it’s housing repairs guide states it gives residents reasonable notice. Therefore, it was not appropriate the resident was not given a date for repairs.
18. In the landlord’s final response, it said a surveyor attended to conduct a structural assessment on 16 February 2023, and no defects were found with the walkway. This was 13 working days since the resident’s email and therefore appropriate action by the landlord, in line with its housing repairs guide.
19. There has been no evidence provided to us that the findings of this structural assessment were discussed with the resident before its final response of 12 May 2023. From the evidence provided, the resident maintained that repairs to the walkway were outstanding, and the quality of prior works were insufficient.
20. By the landlord not communicating its findings of 16 February 2023 earlier than it did, it is clear the resident expended time and trouble due to its lack of communication. He emailed the landlord on 18 March 2023 where he shared concerns that the area would not be waterproof for the long-term. He asked the landlord to arrange for a new asphalt cover to be put on the walkway, and the asphalt to slope down to where the drain is. This was to ensure that that rainwater goes into the drain, and he felt that this was the work that was mutually agreed with him.
21. There is evidence on 20 March 2023 the landlord raised a new repair with its contractors after the resident’s email of 18 March 2023. This was despite the surveyor’s findings of 16 February 2023, noting no defects found with the walkway. This was reasonable action by the landlord and showed it was taking the resident’s concerns seriously.
22. The landlord apologised in its final response regarding repairs booked for 25 April 2023. This Service has received contrasting information. The resident said he was available all day on 25 April 2023, but no one attended. The landlord said there was evidence the roofing contractor had attended on that day and said they tried to call the resident. The contractor attached photos in an email to the landlord. Despite this, the landlord accepted that this was a missed appointment. This demonstrated the landlord was taking action to repair its relationship with the resident. The appointment was re-scheduled for 16 May 2023, which was 13 working days after the missed appointment. This action was appropriate as it was within its 20-working day timescale in its housing repairs guide.
23. Information regarding the findings of the landlord’s attendance on 16 May 2023 has not been shared with this Service. However, there is evidence that by 20 May 2024 the landlord had attended the property again and carried out repairs to the walkway. The landlord told this Service that as no repairs had been reported by the resident since 20 May 2024, it considered the matter resolved.
24. Up to the landlord’s final complaint response there is no evidence that it explained what steps it would take or what repairs it would and would not complete.  This meant the resident’s expectations were not managed. The resident’s initial complaint said the walkway was uneven and should be levelled. It is evident from his referral to this Service that he feels further repairs have remained outstanding and the landlord has not explained to him its position on the matter.
25. Given the circumstances of this case, the landlord has not acknowledged all its failings. The resident’s complaint entered the landlord’s internal complaints procedure in November 2022. The landlord’s final response was May 2023, which meant a period of 6 months had elapsed. It would have been reasonable to have outlined its position on the extent of repairs and whether it agreed with the resident’s opinion. The lack of notice regarding repairs of 28 January 2023, also its lack of communication and clarity on outstanding repairs has caused inconvenience to the resident. It is clear it had opportunities to manage the resident’s expectations about repairs to the walkway prior to involvement from this Service.
26. Under the Ombudsman’s remedies guidance, consideration is given for inconvenience, as well as time and trouble caused to a resident by failings. This Service has considered that 3 of 4 of the landlord’s inspections found no defects required to the walkway. Repairs to the walkway were first identified on 15 December 2022 and repairs were not carried out until 28 January 2023. This meant the landlord was 9 working days outside its 20-working day target in its housing repairs guide. This was only a short time, and we acknowledge that it required materials and contractor availability to complete the repairs. Following this, the landlord was not clear with the resident about the extent of repairs and did not keep him fully updated.
27. Additionally, £150 of the compensation awarded in the landlord’s final response was proportioned for delays and communication. Where there are admitted failings by a landlord the Ombudsman’s role is to consider whether the redress offered put things right and resolved the resident’s complaint. The principles of effective dispute resolution are to be fair, put things right, and learn from outcomes. While the landlord demonstrated it attempted to put things right, it is the Ombudsman’s opinion that the offer did not fully put things right in line with our dispute resolution principles. Issues with the walkway were addressed by the landlord again around a year after the resident exhausted its internal complaints procedure.
28. Due to the landlord’s lack of communication and mismanagement of the resident’s expectations, additional compensation has been awarded of £100. This sum is in line with the suggested compensation figure in the Ombudsman’s remedies guidance for cases where there has been inconvenience, time and trouble, and delays in getting matters resolved.
29. Overall, we find service failure in the landlord’s handling of the resident’s reports of repairs required to the walkway. Orders have been made that consider the inconvenience caused to the resident, poor communication, and failure to manage the resident’s expectations.

Determination

30. In accordance with paragraph 52. of the Scheme, there was service failure in the landlord’s handling of the resident’s reports of repairs required to the walkway.

Orders

31. Within 4 weeks of the date of this report the landlord must:
    1. Apologise to the resident for its lack of communication regarding repairs to the walkway, the inconvenience caused, and the failure to manage his expectations.
    2. Contact the resident to set out its current position on repairs to the walkway. If further repairs are not required, it is to outline reasoning as to why this is the case. This is to include but not limited to the resident’s reports that the walkway should be evened out. 
    3. Pay £100 in compensation to the resident for the inconvenience caused for the failings identified in this report. This is in addition to the £150 offer it made in its final response of 12 May 2023, if it has not already paid this.
32. The landlord must provide evidence of compliance with the above orders to this Service.