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Kingston upon Thames Council (202302591)

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REPORT

COMPLAINT 202302591

Kingston upon Thames Council

30 May 2024


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:
    1. Handling of repairs to the roof.
    2. Response to damage to personal property and injury caused by a leak from the roof.

Background

  1. The resident has lived in the property as an assured tenant since February 2008. The property is a 3-bedroom house. The resident has vulnerabilities, including health conditions and a recent bereavement.
  2. In November 2022, the resident reported a leak from the roof, which affected her bedroom. The landlord’s contractor attended the resident’s property and carried out an emergency repair.
  3. On 7 February 2023, the landlord’s contractor removed the rain damaged bedroom ceiling, which contained asbestos.
  4. The resident complained on 17 February 2023, that the roof had not been permanently repaired and there was still a leak. She also complained she had no bedroom ceiling, which meant she had to sleep in her living room and was incurring additional heating costs, which she could not afford.
  5. In its complaint response on 3 March 2023, the landlord said its contractor had recommended a roof replacement, but it had asked the contractor for a second opinion, as the cost of replacing the roof exceeded its budget. It said until the roof could be replaced through planned works, it would arrange a patch repair to fix the leak. The landlord said it would refer the resident to its financial inclusion team, who could advise on energy bills.
  6. A second inspection of the roof took place on 9 March 2023, which found that the roof tiles required to make a patch repair were unavailable. A repair was then carried out on 6 June 2023.
  7. On 12 June 2023, the resident escalated her complaint. She said the repair had not fixed the leak and rainwater had leaked into her bedroom and onto her furniture and mattress. A further repair was carried out on 7 July 2023.
  8. In its final response on 11 July 2023, the landlord said it had worked to progress the repairs, but its actions were too slow, and it had not kept the resident updated. It said the repair on 6 June 2023 was limited due to the availability of the type of roofing tiles needed. It said a small supply of salvaged tiles had been located and used in the patch repair on 7 July 2023. On the wet mattress, the landlord said a dehumidifier had been installed to dry it out. It apologised for the inconvenience caused.
  9. Following a further report of a leak on 18 July 2023, the contractor told the landlord the only solution was to replace all the roof tiles on the front of the property. On 12 September 2023, the landlord told the resident that roof replacement work had been approved. Work to replace the roof was carried out on 10 October 2023, and work to repair the bedroom ceiling took place on 10 November 2023.
  10. The resident escalated her complaint to the Ombudsman as she was unhappy with how long the repair had taken and the effect this had on her living situation and wellbeing. She also said she had incurred additional heating costs, her personal possessions had been damaged, and she had sustained a personal injury because of the rainwater.

Assessment and findings

Scope of investigation

  1. The resident complained about damage to her personal property and a personal injury caused by the leak. After carefully considering the evidence, in accordance with paragraph 42f of the Scheme, the Ombudsman cannot consider whether the resident was appropriately reimbursed for damages. This is because the Scheme says that the Ombudsman will not investigate complaints which “concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, other tribunal or procedure.” This means it is not within the Ombudsman’s authority or expertise to award damages in the way an insurance procedure or court might.
  2. However, the Ombudsman can assess whether the landlord followed proper procedures and behaved reasonably when considering the resident’s request for damages.

The landlord’s handling of repairs to the roof

  1. Under section 11 of the Landlord and Tenant Act (1985), the landlord is responsible for keeping in repair the structure and exterior of the property. This is confirmed in the occupancy agreement and means the landlord had a general obligation to repair the roof. The landlord did not dispute that it was responsible for the repairs.
  2. The landlord’s repairs policy says it is committed to providing an effective maintenance service and meeting its repairs obligations. It says it will carry out repairs in one visit where possible and will arrange appointments to inspect and carry out work where necessary. It also says it will manage its budget to ensure value for money is achieved.
  3. The repairs policy sets out target times for different types of repair work and says in most cases it will keep to these targets. The landlord says routine repairs will be carried out within 1 to 20 working days.
  4. When the resident reported a leak in November 2022, the landlord responded to the report as an emergency and attempted to repair the leak. This was reasonable. However, the repair did not stop the leak, and the resident reported a further leak on 9 February 2023. She told the landlord the leak had damaged the bedroom ceiling, which the landlord then removed, as it contained asbestos. However, this left the loft space above the bedroom exposed.
  5. The resident complained on 17 February 2023 about the continued leak and her living conditions. She said she had been told by the contractor that it would be better to completely change the roof tiles. She said because the ceiling in her bedroom had been removed, she had to sleep in the living room, and she was struggling to heat her home because of the missing ceiling.
  6. Records show the contractor was trying to source replacement roof tiles on 23 February 2023 so it could carry out a further repair. In its complaint response on 3 March 2023, the landlord said it had discussed the delay to the repairs with the contractor, as it had approved a repair in December 2022. It said the contractor had now recommended a whole roof repair, which exceeded its allocated budget. Because of this, it had requested a further patch repair until a full roof renewal could be carried out. It also said it was seeking a second opinion on whether the existing roof could be repaired.
  7. The Ombudsman has found that it was reasonable for the landlord to consider its budget and value for money at this stage. However, on 15 March 2023, the contractor told the landlord that replacement tiles appeared to be obsolete and if it could not source them, a new roof would be needed. The Ombudsman has found that at this stage, there was an opportunity for the landlord to consider a roof replacement.
  8. On 30 March 2023, the resident asked for an update on the repairs. She said rain was coming through the roof. She also told the landlord she was getting sore eyes and respiratory irritation from the dust coming from the loft space, and she was having to sleep in the living room. The landlord told the resident it would arrange to cover the ceiling to prevent any further issues she had been experiencing with her eyes, but it was still waiting for a date for the roof repairs to be carried out.
  9. The Ombudsman has noted that plywood was fitted to the bedroom ceiling on 25 April 2023, and a roof repair was carried out on 6 June 2023. By the time those repairs were carried out, the resident had been living with no bedroom ceiling for over 2 months, and it was over 3 months since she reported the initial repairs had not resolved the leak. During this period the contractor was trying to source replacement tiles. There also appears to have been a delay in the landlord approving the erection of scaffolding. The Ombudsman accepts there was a difficulty finding suitable tiles and that the landlord made a temporary repair to the bedroom ceiling when the resident told it about the effect dust was having on her. However, the Ombudsman has found there was a lack of urgency from the landlord at this time, and that it did not meet its obligations set out in its repairs policy. This caused distress and inconvenience for the resident, and this was maladministration.
  10. On 12 June 2023, the resident escalated her complaint and said the work done on 6 June 2023, had not fixed the leak. She said when she returned home that day there had been heavy rain, and she was faced with a large amount of water leaking from the ceiling and spreading across her furniture and mattress. She said she was tired of the situation and felt incredibly hopeless. The landlord asked the contractor to attend the resident’s property to assess the damage and arrange a further repair to the roof.
  11. The contractor attended the resident’s property on 27 June 2023, and told the landlord the roof tiles were discontinued. However, a supply of the tiles had been located and an appointment had been made with the resident for 7 July 2023 to carry out a patch repair. Records show that this repair was carried out on 7 July 2023, but it did not resolve the problem as the resident reported a further leak on 18 July 2023.
  12. On 31 July 2023, the contractor told the landlord the only solution to fix the leak was to replace all roof tiles to the front of the property, as the tiles were obsolete. On 12 September 2023, the landlord told the resident that roof replacement work had been approved, the roofers had ordered the materials, and they would contact her with a start date.
  13. Work to repair the roof started on 10 October 2023, which was 11 months after the original report of a leak. The Ombudsman has found that this was a significant delay, which had a substantial detrimental effect on the resident.
  14. Although the landlord had to consider its budget, the Ombudsman has found that it did not consider the resident’s circumstances and vulnerabilities, and the conditions she was living in. The landlord was aware of the resident’s health conditions and her recent bereavement, and the resident had told the landlord that she was sleeping in the living room because of the cold and the leak in the bedroom. The Ombudsman has seen no evidence that the landlord considered an offer of temporary accommodation.
  15. The Ombudsman has found that the landlord’s failure to repair the roof in a timely manner and consider the resident’s circumstances and vulnerabilities was a significant failure. The resident experienced significant distress and inconvenience over a 10-month period because of the landlord’s failure to repair the roof in a timely manner. The landlord was aware of the resident’s circumstances, but records show she had to chase the landlord regularly for updates on the roof repair. In line with the Ombudsman’s remedies guidance, maladministration is identified in cases where the Ombudsman has found a significant failure. Because of this, the landlord is ordered to compensate the resident £300 for the failure to follow its repairs policy.
  16. The Ombudsman has also found that between 7 February and 10 November 2023, the resident was in significant detriment as she did not have full enjoyment of her home. Rainwater was coming through the bedroom ceiling, which became damaged and was removed by the landlord in February 2023. The resident told the landlord in February 2023 that she could not sleep in the bedroom because it was cold, and dust was falling onto her from the loft space. The landlord fitted plywood to replace the ceiling in April 2023, but as the roof was not fixed, the bedroom was still affected by the leak until October 2023. The bedroom ceiling was finally replaced in November 2023. Because the resident could not use her bedroom, the Ombudsman has determined the resident should be compensated based on 15% of her rent between 7 February and 10 November 2023.
  17. Records provided by the landlord show the weekly rent was £149.39 from 7 February to 31 March 2023, and £159.85 from 1 April to 10 November 2023. Compensation should be paid as follows:
    1. 7 weeks at 15% of £149.39 = £156.86.
    2. 32 weeks at 15% of £159.85 = £767.28.
    3. Total compensation = £924.14.
  18. In addition, the resident told the landlord that because she had a bedroom with no ceiling, she had increased heating bills, which she could not afford. The landlord also provided a dehumidifier to dry out the bedroom, which would have increased energy use. The landlord’s compensation policy says it will contribute towards electricity costs for heavy duty items used as part of a repair, such as dehumidifiers. The landlord referred the resident to its financial inclusion team but did not offer to cover her increased energy costs. The Ombudsman has not been provided with details of increased energy costs during the period affected by the leak. However, we consider that £25 a month for the 9-month period when there was no bedroom ceiling is an appropriate amount, in the absence of a full energy comparison.
  19. If the resident provides the landlord with energy bills from February to November 2022, the landlord should complete an appropriate assessment and ensure that the resident has not been financially disadvantaged.

Response to damage to personal property and injury caused by a leak from the roof

  1. The landlord has a compensation policy that says if services fail or fall below acceptable standards, it will follow the Ombudsman’s remedies guidance. It says where financial payments are appropriate, they will be proportionate to the loss or inconvenience caused.
  2. The policy says it may offer compensation if a contractor has caused damage to property, and it will refer the matter to the contractor and will mediate so the contractor reaches a fair and reasonable settlement. The policy also says if the landlord is liable for damage to belongings, it will be dealt with through its insurance department.
  3. Records show the resident told the landlord about damage to her mattress on 12 June 2023. On 13 June 2023, the landlord asked the contractor to arrange a visit to assess damage to the resident’s property caused by the leak, and to look at replacing the mattress. It also asked the contractor to provide a dehumidifier to dry the property.
  4. On 16 June 2023, the contractor asked the resident to provide details of the cost of a replacement mattress. However, on 23 June 2023, it advised the resident that she would need to claim for a mattress through her insurance. It also advised her to discuss this with the landlord.
  5. The resident asked the landlord what it was doing to replace the mattress on 30 June 2023. The landlord then asked the contractor whether it intended to pay compensation or provide a like for like replacement of the mattress. The contractor responded by saying the resident needed to claim through her insurance.
  6. In its final response on 11 July 2023, the landlord said it expected the dehumidifier would have dried out the mattress. However, an internal email the same day said the damage was the contractor’s fault “as the roof repair carried out did not hold”. A further internal email on 19 July 2023, said the contractor should pay compensation for the damaged mattress as they failed to rectify the leak in a timely manner.
  7. It is the Ombudsman’s view that the damage to the mattress was caused by the failure to repair the roof in a timely and suitable manner, which is ultimately the responsibility of the landlord. The resident has been caught in a dispute between the landlord and the contractor about who is responsible. This is unreasonable as the resident has clearly incurred loss because of the failure to repair the roof.
  8. The Ombudsman has determined that this is service failure, and because of this, the Ombudsman is making an order that the landlord should replace the damaged mattress with one of the same quality or provide compensation to the value of the mattress that was damaged.
  9. In addition to the mattress, the resident told the Ombudsman in May 2024 that she had lost other furniture because of the leak, and that she could not afford contents insurance. The landlord was aware of the resident’s financial situation and said it would refer her to its financial inclusion service. However, the Ombudsman has seen no evidence that the landlord supported the resident with an insurance claim. The Ombudsman has found that this was a further service failure, and that the landlord should provide the resident with clear information on how to make an insurance claim through its insurance department.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of the handling of repairs to the roof.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of the response to damage to personal property and injury caused by a leak from the roof.

Orders

  1. The landlord is ordered to apologise to the resident, within 4 weeks of the date of this report, for the failures identified.
  2. The landlord is ordered to pay the resident a total of £1,449.14 in compensation with 4 weeks of the date of this report. Compensation should be paid directly to the resident, and not offset against any arrears. The compensation comprises:
    1. £300 in recognition of the landlord’s failure to follow its repairs policy when carrying out repairs to the roof.
    2. £924.14 in recognition of loss of enjoyment of the resident’s home.
    3. £225 in recognition of increased energy bills.
  3. If the resident is able to provide utility bills within 6 weeks of this report, as described in paragraph 32 of this report, the landlord should complete an energy comparison. If the difference between the resident’s usage is more than the £225 awarded above, the landlord should compensate the higher amount.
  4. The landlord is ordered to replace the damaged mattress with one of the same quality or provide compensation to the value of the mattress that was damaged within 6 weeks of the date of this report.
  5. The landlord is ordered to provide the resident with clear information on how to make an insurance claim through its insurance department within 4 weeks of the date of this report.
  6. The landlord is ordered to provide evidence of compliance with the above orders within 6 weeks of the date of this report.