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London Borough of Hackney (202324870)

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REPORT

COMPLAINT 202324870

London Borough of Hackney

20 December 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 response to the resident’s reports about:
    1. Windows and insulation.
    2. Damp and mould.

Background

  1. The resident is a tenant of the landlord, a local authority. The property is understood to be a flat in block.
  2. The resident previously reported damp and mould issues, and the landlord completed some works in 2013 and 2019.
  3. The resident then reported draughty windows in November 2022, and in December 2022, a contractor sealed windows with silicone. The same month, a surveyor found the windows to be in good working order, but reported that walls and ceiling areas in a bathroom and 3 bedrooms affected by mould should be decorated. The works were completed in June 2023, after the works were raised in March 2023 following chasing from the resident.
  4. On 29 June 2023, the resident complained. She expressed dissatisfaction that windows were not replaced at her block during estate major works in 2010. She said that in December 2022 a surveyor had acknowledged that windows needed to be replaced but only a mould wash and re-painting had been done. She said that the issues had resulted in cold conditions and impacted her and her family’s health and finances. She asked the landlord to insulate the property and compensate her for excessive heating bills over the past 13 years.
  5. The landlord provided a stage 1 response on 18 September 2023. It said the windows were found to be in good working order and their replacement could be reviewed when the block was inspected for major works. It said its most recent major works strategy had been affected by COVID-19 and residents would be contacted when new major works contractors were appointed. It noted that follow on works identified in December 2022 were not entered onto its system until March 2023, and apologised and awarded £300 for the delays raising and carrying out these. It also apologised for its delayed response. It said it found no evidence to provide compensation for heating costs as no faults had been found with the windows.
  6. The resident escalated her complaint on 20 September 2023. She was unhappy with the landlord’s position as the planned major works in 2010 had been due to the age and condition of the windows. She said that her windows were old and affected ability to adequately ventilate, and also noted that moisture tracked towards coldest points in property. She restated her requests for the landlord to replace the windows, insulate the property and compensate her for excessive heating bills.
  7. The landlord arranged a surveyor inspection and raised further repairs. On 13 October 2023, it completed further works to fit ventilation and mould clean and paint. It also asked a contractor to provide an estimate to “overhaul and repair” the windows and replace any missing handles and trickle vents, due to the length of time it would take for the major works programme to progress.
  8. The landlord provided a stage 2 response on 18 October 2023. It noted it had updated ventilation and done mould treatment, and said its contractor would contact the resident to provide an estimate for the windows. It noted that the resident requested insulation, but said that once window repairs were completed, current issues with draughts, damp and mould would be expected to be resolved. It said that on the evidence available, it was unable to award compensation for excessive heating costs, but it awarded £440 for the inconvenience, distress and time and trouble associated with the outstanding repairs, in addition to the £300 offered at Stage 1.
  9. The landlord contacted the contractor in May 2024 about whether windows works had been completed, but their response is not evident. The resident says that around June 2024, handles were put on the windows, but there had been no repairs for gaps in windows or trickle vents. The resident confirms that the landlord’s actions helped with mould, but she remains dissatisfied that windows works have not been done since 2010, and she also says that after dry lining insulation was recommended in 2012, this was only done in the living room and not a bedroom.

Assessment and findings

Scope of the investigation

  1. The resident’s complaint and landlord’s responses refer to additional issues such as a boiler and a mice infestation. However, these issues were resolved, and this investigation focuses on the issues in correspondence to and from the Ombudsman.

The landlord’s response to the resident’s reports about windows

  1. The landlord carries out periodic planned major works to meet obligations for components such as windows, and the resident says that such window works were intended to be done in 2010 as part of wider estate major works. The Ombudsman notes the resident’s desire for her windows to be replaced, and understands her argument that the windows should be replaced if they were previously intended to be replaced. The Ombudsman cannot say from the evidence if this was the case, and it is not in our authority or expertise to determine when cyclical works should be carried out. Our main consideration is whether, in the timeframe of the complaint, reports about the windows were handled appropriately.
  2. The Decent Homes Standard, a standard for social housing introduced by the UK government, says that the lifetime for block windows is 30 years but a landlord can consider if this is appropriate for its own stock. The repairs team carried out assessments of the current window condition and found they were in good condition. They also discussed the windows with the major works team, who said the block was surveyed and no necessary works were identified. The landlord is entitled to rely on the professional opinion of its staff, so it seems reasonable to have decided not to replace the windows, or compensate the resident for heating bills, as no significant issues were identified with them. However, some aspects of its response was not satisfactory.
  3. The landlord’s stage 1 complaint response said that a block survey was planned under its asset management strategy in the 2022 financial year, which its website confirms. It said that this was impacted by COVID-19 and contractor contracts ending, but that it still aimed to do window replacements and residents would be contacted when new contractors were appointed. This potentially fails to manage the resident’s expectations about whether her windows will be replaced in the next major works programme, given the major works team said no necessary works were identified when her block was surveyed. The landlord should have communicated more clearly, internally and externally, about block survey outcomes and plans for the windows if this information was available.
  4. The landlord responded to the resident’s November 2022 reports about draughty windows in an appropriate and timely manner, and carried out works to seal the windows with silicone in December 2022. However, after an October 2023 surveyor inspection noted gaps to 3 windows, 3 handles missing, and 1 trickle vent not working, it is unclear what has happened. The landlord referred works to a contractor to quote to “overhaul and repair” windows, but it provides no further information about these. The resident says handles were put on around June 2024 and there have been no repairs for gaps or trickle vents.
  5. The landlord’s repairs policy confirms that it is responsible for handles and resealing of windows, and the maximum timeframe for a responsive repair is 21 working days. The apparent 8 month delay in the handle repairs, and lack of action or explanation for the gaps and trickle vent works outstanding for over a year, is not satisfactory given the landlord’s obligations and commitment to these in its stage 2 response.
  6. The impact of the delays for the handles and lack of action for the trickle vent does not seem significant for issues such as mould, as the resident confirmed damp and mould improved after ventilation and decoration works. The landlord’s repairs guide also confirms that draughtproofing components such as windows is an option for residents, and their responsibility. However, the apparent lack of resolution of gaps for over a year, and lack of sufficient advice about draughtproofing, may have led to the resident’s property being more draughty than necessary and caused her frustration and inconvenience.
  7. The resident requested insulation, and the landlord seems reasonable to have not fully investigated the insulation. It was not raised before the complaint, it is generally an improvement rather than a repair, and it is not evident any significant issues relate to insulation. The resident also complains that insulation was fitted in the living room and not in a bedroom, when the evidence shows that thermal boarding, a type of insulation, was fitted in a bedroom in 2019. However, the landlord’s response said completion of window repairs should resolve any issues with insulation. This is undermined by the lack of substantive progress of windows works apart from handles, which it is unclear would benefit the insulation situation.
  8. The landlord should have addressed the insulation request more clearly, such as if there was evidence that this was currently needed, and setting out its approach for such works. It could have also considered, in line with our spotlight report on energy complaints, if it could provide advice about how to improve energy efficiency, such as draughtproof as noted above. There is no clear evidence that the landlord is failing its obligations to provide a warm home, however, in England, properties are also given energy performance certificates and must achieve an E rating to be rented out. The Ombudsman notes the property does not appear to have an energy certificate, which is not satisfactory.
  9. Overall, in the Ombudsman’s opinion there was maladministration in the landlord’s response about the windows and insulation. The landlord should have communicated more clearly about major works block survey outcomes and plans for the resident’s windows if this information was available. The landlord failed to demonstrate that commitments to carry out window repairs were effectively met and monitored, leading to delays in the completion of these. The landlord also linked resolution of insulation issues with the completion of window repairs that did not happen, and failed to fully address the request for insulation and explain its approach, which was unhelpful.

The landlord’s response to the resident’s reports about damp and mould

  1. The evidence is limited about reports of damp and mould, and before the complaint, damp and mould was reported around 2012 and 2018. The last recorded actions for damp and mould was in 2019, when the landlord fitted thermal board in a bedroom and renewed ventilation in the kitchen and 2 bedrooms.
  2. In December 2022, a surveyor noted mould at a window inspection, and identified follow on decoration works. These were not raised until March 2023, after the resident chased, and not completed until June 2023. The landlord then renewed ventilation and did mould treatment in October 2023, after the resident’s September 2023 escalation, which she confirms helped with the issue.
  3. The evidence shows that in the timeframe of the complaint, the landlord has completed works it has identified. The October 2023 works were done in a timely manner after the resident’s September 2023 escalation, however the December 2022 surveyor recommendations were not completed until 6 months later after the resident chased. This is not satisfactory, however the landlord appropriately acknowledged this delay, and the £740 it offered is in line with our remedies guidance where there has been maladministration and a significant impact.
  4. Overall, in the Ombudsman’s opinion the landlord responded reasonably about the damp and mould, as it appropriately compensated for delays with initial works, and then completed further damp and mould works in a timely manner.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s response to the resident’s reports about windows and insulation.
  2. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress in the landlord’s response to the resident’s reports about damp and mould.

Orders and recommendations

  1. The landlord is ordered to, within 4 weeks, pay the resident £600 for the distress and inconvenience that will have been caused by the issues identified with its handling of the windows and insulation.
  2. The landlord is recommended to re-offer the £740 it offered if this has not been paid, given the finding about damp and mould is on the basis of this being suitable redress for this complaint.
  3. The landlord is ordered to, within 4 weeks, take steps to arrange a joint inspection with a surveyor and window contractor to review what current works are necessary to overhaul and repair the windows, including for gaps and non-functioning trickle vents. Within 4 weeks of the inspection, it should then set out in writing a position on the outcome and an action plan to monitor and complete any works in a timely manner. It should also consider if it can provide any advice to the resident about draughts.
  4. The landlord is ordered to, within 4 weeks, consider and write to the resident about its position and approach for windows and insulation works at the property. This should include clarification on the outcome to most recent surveys, and the estimated timeframe for when the windows are due for renewal if they are not to be included in an imminent future major works programme. It should also consider if it can provide any advice to the resident about improving the energy efficiency of her home.
  5. The landlord is ordered to, within 4 weeks, take steps to arrange an assessment for an energy performance certificate. Within 4 weeks of the certificate being issued, it should consider whether the findings affect its current position on major works at the property and write to the resident about the outcome.