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Karibu Community Homes Limited (202219036)

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REPORT

COMPLAINT 202219036

Karibu Community Homes Limited

5 June 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 landlord’s:
    1. Management of window repairs and access panels.
    2. Response to the resident’s reports of antisocial behaviour (ASB).
  2. We have also considered the landlord’s complaint handling.

Background

  1. The resident occupied the property, a 1–bedroom, second floor flat, from July 2022 to May 2024. The landlord is a housing association.
  2. On 29 September 2022 the resident complained about the windows being faulty. On 1 November 2022 she sent the landlord a video of a fight occurring outside the building. The landlord responded on 4 November 2022 and said it was arranging a meeting with the police and the council’s ASB team to discuss the issues she had reported. She was advised to continue to report any further incidents.
  3. The landlord told the resident on 29 November 2022 that a multi-agency meeting had taken place about the ASB. It was awaiting an update from mental health services and the police, so could not take any immediate action. However, any further incidents should continue to be logged.
  4. The resident escalated her concerns to her MP and the landlord provided the MP with an update, who then shared that information with the resident on 22 December 2022.
  5. On 20 March 2023, the landlord issued a stage 1 response to the complaint made on 29 September 2022. It apologised for the time it had taken to deal with the repairs but said they had all been completed and it wanted to offer her £100 compensation for the delays. The resident accepted this payment in resolution of that complaint.
  6. The resident sent another complaint on 31 July 2023 (although it was dated 18 July 2023) regarding the windows and ASB. It was acknowledged the following day and on 10 August 2023 the landlord advised it needed until 17 August 2023 to provide a response.
  7. In the landlord’s stage 1 response of 17 August 2023 it:
    1. Accepted the complaint that the living room window could not be closed and a contractor had fixed it in a closed position, so the resident had been unable to open it.
    2. Provided details of steps it had taken to address the ASB but said it could not determine this part of the complaint as enquiries with the police were still ongoing.
    3. Offered £300 compensation to resolve all the issues it upheld (including some repairs not covered by this investigation).
  8. The resident escalated her complaint on 15 September 2023 as the windows were still not working correctly and the ASB was ongoing. She asked for a management transfer. This was acknowledged by the landlord on 19 September 2023 and it asked for more information about the windows affected.
  9. The landlord acknowledged the resident wanted the complaint escalated to stage 2 on 6 October 2023 and said it would respond within 20 working days.
  10. In the landlord’s stage 2 response of 3 November 2023 it agreed to repair the windows and access panels on 14 November 2023. It explained the steps it had taken to address the ASB, and how the resident could look to move. It increased its compensation offer to £500 for the delays repairing the windows. It also offered a further £50 for responding to the complaint late.
  11. The resident told the landlord on 20 November 2023 and 3 January 2024 that the windows had still not been repaired and the ASB was ongoing. She also reported further ASB issues on 17 January 2024.
  12. The resident said she moved out of the property in September 2024, but the landlord has said she gave notice in April 2024 and the tenancy ended in May 2024.

Assessment and findings

The landlord’s management of window repairs and access panels

  1. There is no mention of there being an issue with access panels until the resident responded to the landlord’s stage 1 response in November 2023. However, as the landlord agreed to address it in its stage 2 response, it has been considered here.
  2. Following a visit to the property on 13 October 2023, the landlord wrote to the resident on 18 October 2023 summarising the repairs that were needed. This included a repair to access panels in the ceiling which would not close properly. It confirmed that the repair would take place on 14 November 2023, which was within 20 working days, and in line with its repairs and maintenance policy. It is not entirely clear whether the repair was completed by that date as the spreadsheet provided by the landlord was modified on 13 March 2024.
  3. However, it appears the repair was completed as scheduled, and certainly by 20 November 2023. This is because the resident emailed the landlord on that date about outstanding window repairs and made no mention of the access panels. Therefore, we find that the landlord dealt with the repair of the access panels in a reasonable period.
  4. In terms of the windows, the resident started reporting issues shortly after moving in. She has said they were never fixed while she was living at the property as parts were no longer available and new windows needed to be installed. During that time she hit her head on one of the windows that did not close properly and other windows could not be opened. 
  5. The resident complained about the mechanism on a window not working properly on 29 September 2022, so it could not be closed. She followed this up on 30 November 2022, having not had the matter addressed. The landlord’s records show a repair was carried out on 13 March 2023. However, the resident explained on 31 July 2023 that, while a contractor attended, it fixed the living room window in a closed position so she was unable to open it.
  6. It is therefore clear that, having lived in the property for a year, the resident’s issue with the windows had not been properly addressed. While it is good to see the landlord acknowledged this in its 17 August 2023 complaint response, it did not then ensure the matter was dealt with promptly, which is unacceptable.
  7. The evidence shows the resident was getting increasingly frustrated at the time the landlord was taking to fully repair the windows. She had to chase it again, and the landlord apologised on 19 September 2023 for the ongoing problem. At this time the resident said all the windows were affected. In particular, the one in the living room, which caused carpets and curtains to get wet when it rained.
  8. This appears to have prompted the landlord to visit the property on 13 October 2023 and meet with the resident to note all repairs needed. This was certainly a sensible thing to do in order to ensure it understood what the issues were. However, if this had been done earlier, the repairs may have been completed more promptly.
  9. The landlord made arrangements to carry out the repairs on 14 November 2023, but this was more than 20 working days from the resident reporting the problem. Therefore, it failed to adhere to its repairs and maintenance policy. However, on 3 November 2023 it acknowledged there had been a number of ongoing issues and increased its compensation offer by £200 (specifically in relation to the window repairs).
  10. While the landlord took a positive step towards remedying the complaint by way of compensation, it also needed to commit to resolving the substantive issue. However, an email from the resident on 20 November 2023 shows that there was still a problem with the living room and bedroom windows. The emails say she had been promised a permanent fix and was getting increasingly frustrated by the ongoing delays and inconvenience, which is understandable.
  11. Despite this issue being brought to the landlord’s attention again, emails sent by the resident on 3 and 17 January 2024 show the problem was still ongoing. It is not known when or if the landlord ultimately carried out a repair before the resident moved out.
  12. Overall, there has been maladministration in the landlord’s handling of repairs to the windows. The resident reported the same issues consistently for at least 18 months and, while it seems some temporary fixes were carried out, the landlord failed to complete a full repair. The resident made it clear how the issues were affecting her living conditions and that the property was damp when it rained. Despite this, the landlord failed to take a proactive approach to ensuring it identified and addressed the issue as it should have done.
  13. While the landlord initially offered £300 compensation, this was to remedy 4 problems, including the windows. It is therefore not possible to say how much of that was attributable to the window issue specifically. Therefore, to recognise an offer was made, a fair way to look at it, would be to divide the £300 by 4. That would mean £75 could be attributed to remedying the window issue at that time. The landlord’s further offer of £200 was specifically to recognise the delay dealing with the windows, but £275 compensation does not sufficiently recognise the impact the poor service had on the resident.
  14. This was a problem that went on for an extended period and caused the resident a lot of inconvenience as it affected her living conditions. The landlord had numerous chances to resolve the issue, but failed to do so., and had to be chased on several occasions. Even when it apologised for its failings, it still did not ensure the substantive issue was addressed as a matter of priority. Its compensation policy says, in situations like this, compensation of up to £500 should be considered. This is similar to our own remedies guidance. Taking in to account the length of time this went on for, the lack of progress over that period, and the frustration caused to the resident, compensation of £400 is considered a more appropriate remedy (inclusive of the £275 previously offered).

The landlord’s response to reports of ASB

  1. The landlord’s ASB policy defines ASB as causing alarm or distress to someone or causing a nuisance to someone being able to enjoy their home. The resident raised concerns with the landlord about feeling unsafe due to a neighbour’s behaviour. This included a fight occurring outside her building on 1 November 2022. The landlord acknowledged the issues and explained its ASB consultant had arranged a multi-agency meeting with police and the council’s ASB team. It was going to discuss ASB issues at the building and it asked her to report any further incidents to the ASB consultant. This shows it took her concerns seriously and its approach was in accordance with its ASB policy.
  2. The landlord has taken a number of steps to address the reported ASB. It ensured the resident was updated on 29 November 2022, following the meeting. It said it was waiting for an update from mental health services and the police and could not take any action until then. However, it said any further incidents should still be reported.
  3. Following concerns over a fire in the bin area and people accessing the building, the landlord wrote to all residents warning them of reports of ASB. It told everyone that extra security was going to be in place and as the building had a coded door system, doors should be kept locked.
  4. When the resident reported her concerns to her MP, the landlord provided an update on the steps it was taking to address the issue. It also explained to the resident on 17 August 2023 that it had made a request for police disclosure. This was because it was aware some of the allegations against the neighbour had reference to sexual offences and it needed to establish the facts before action could be taken.
  5. Once it had more information, the landlord explained it could then ascertain the risk associated with that person. While it is noted the resident did not feel the landlord was doing enough, it needed to collate evidence of ASB in order to then be able to take action, potentially legal steps, if needed. Its approach was therefore reasonable and proportionate.
  6. Unfortunately, the information provided by the police was not sufficient for the landlord to be able to assess the situation, but it ensured the resident was told this on 21 June 2023. It also requested a further disclosure but that gave no additional information. It therefore submitted a further request to ask if the police could provide information so it could make a risk assessment and formulate an action plan. In addition, it continued to liaise with the council’s ASB team, and that team visited the neighbour in question.
  7. There is evidence that on 4 October 2023 the landlord noted the resident had reported being “accosted as she entered the block” and she had reported it to the police. The ASB policy says that where there has been serious harassment or physical violence it is a category 1 issue and the landlord should respond within 1 working day. It is clear it did that, as it contacted the police the same day to find out what action was being taken and to ask for any recommendations it would make. It also informed the council’s ASB team of the incident. It therefore complied with its obligations.
  8. The landlord continued to push for information. On 9 October 2023 it contacted the police again and asked for information about what had happened in case it needed to take action. It also contacted the council’s ASB team again to say the neighbour’s property was reported as a “crack den” and a closure order may be needed.
  9. The landlord explained in its stage 2 response that, while the resident had reported issues, some of the incidents had apparently been witnessed by other people, not her. It understood she felt anxious living at the property but explained it could only take action with evidence. The housing officer had received reports, but any criminal activity needed to be investigated by the police. It could then collate all the evidence to build a case to take action. In the meantime it agreed to issue a letter about ASB to all residents.
  10. The resident advised the landlord on 17 January 2024 that she had seen individuals sleeping in the stairwell and causing disturbances such as smoking and triggering fire alarms during the night. The landlord responded 3 working days later and asked for more information. This was in line with the timescales set out in the ASB policy for category 2 issues. It asked if she knew how people were entering the building, and whether the communal doors were working. This was important for it to know whether it needed to arrange a repair to prevent further issues. It also asked for details of who she had reported the issues to, and whether the police had been contacted. It then referred the matter to the housing team to consider.
  11. It is clear that the landlord acknowledged the resident’s concerns and asked her to report any issues to it and the police. It adhered to the timescales set out in its ASB policy and explored several options to address the issue while managing the resident’s expectations. It took a proactive approach throughout, working with other departments, collating evidence, and making sure the resident was kept updated.
  12. The resident found it very difficult living at the property and she told the landlord she did not feel safe and wanted a transfer. The landlord’s email of 3 November 2023 shows the resident was advised by the housing officer that she could look to exchange properties using homeswapper and mutual exchange. This advice is in line with the guidance set out on its website. In addition, she was signposted to a third party that could have potentially helped her clear her arrears so that she was in a better position to move.
  13. Overall, the landlord addressed the ASB that was reported in a reasonable way and provided appropriate advice to the resident about steps she could take to move. Therefore, there was no maladministration in the landlord’s handling of the resident’s ASB reports.

The landlord’s complaint handling

  1. The landlord has not provided a copy of its complaints procedure that was in place at the time of the resident’s complaints being made. However, our Complaint Handling Code (the Code) at the time said the landlord must respond to the complaint within 10 working days of it being logged. It should respond to stage 2 complaints within 20 working days of the complaint being escalated.
  2. It took the landlord nearly 6 months to respond to the resident’s first complaint from September 2022. While it offered £100 compensation for delays addressing the substantive issues, it failed to acknowledge the extensive delay in its complaint handling or offer compensation for that. This is unacceptable, particularly with such an extensive delay and the resident having to chase for a response and escalating her concerns with her MP.
  3. The second complaint made on 31 July 2023 was acknowledged straight away. While the stage 1 response was not issued until 17 August 2023, the landlord had advised the resident in advance that it would need more time to respond. It adhered to the timescale given, so her expectations were properly managed.
  4. The resident indicated she remained unhappy on 15 September 2023. Therefore, the landlord could have potentially escalated the complaint to stage 2 at that point. It did not do that, but it liaised with the resident to establish more information about why she remained unhappy. This was reasonable as it could then ensure it addressed her specific concerns.
  5. It was on 4 October 2023 the resident clearly escalated her complaint. The stage 2 response was not sent within 20 working days as per the Code, but it was sent 20 working days from the landlord’s acknowledgement on 6 October 2023. It was, therefore, in line with the timescales set out to the resident, so her expectations had been properly managed. Despite that, the landlord offered £50 compensation for a late stage 2 response.
  6. Overall, the significant delay in the landlord’s handling of the first complaint is where there has been poor service. Its compensation policy says, where there has been inconvenience as a result of a failure to follow its complaints policy, and moderate impact, compensation of up to £250 should be considered.
  7. With that in mind, the landlord should increase its offer of compensation from £50 to £150. This is not only in line with its own policy but our remedies guidance. The poor service was short lived but did cause frustration that could have been avoided had the landlord responded promptly or properly managed the resident’s expectations.

Determination

  1. In accordance with paragraph 52 of the Scheme there was:
    1. No maladministration in the landlord’s handling of the resident’s reports of ASB.
    2. Maladministration in the landlord’s:
      1. Management of window repairs.
      2. Complaint handling.

Orders

  1. Within 4 weeks of the date of this report the landlord is ordered to provide evidence that it has:
    1. Apologised to the resident for the failings identified in this investigation.
    2. Paid the resident £550 compensation, made up of:
      1. £150 compensation for the delay in its complaint handling (inclusive of the £50 offered during the complaints process).
      2. £400 compensation for the delay in addressing window repairs (inclusive of the £275 amount offered during the complaints process).