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London Borough of Tower Hamlets (202333743)

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REPORT

COMPLAINT 202333743

Tower Hamlets Homes

1 July 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:
    1. Void works at the resident’s property.
    2. The associated complaint.

Background

  1. The resident is a secure tenant of the landlord.
  2. In April 2023, the landlord raised a work order to complete works to renew the kitchen and rewire the property and completed these works in May 2023.
  3. The resident’s tenancy start date was amended to 22 May 2023 due to a delay with void works (works carried out while the property was empty between tenancies).
  4. On 23 May 2023, the resident submitted a complaint to the landlord. He explained he had concerns about the condition of the property which he was scheduled to move into. The resident stated there were extensive cracks on the living room and hallway ceiling and a hole in the kitchen window. He also stated that the flooring throughout the property had not been levelled correctly, and the front door was damaged.
  5. The landlord provided its stage 1 complaint response to the resident on 7 June 2023. It acknowledged that the service it had provided in relation to the void work was below its normal standard. It confirmed it would schedule an appointment for the void works when the resident became available. The landlord apologised for the delay and inconvenience caused in completing the void works and offered the resident £50 compensation.
  6. On 10 June 2023, the resident contacted the landlord and requested his complaint to be escalated to the next stage of the landlord’s complaints process. He stated despite his previous communication about the required repairs, he had received no contact from the landlord to address the repairs. In addition, the resident said the boiler was causing excessive noise.
  7. The landlord completed the last of the void works on 21 October 2023.
  8. The landlord provided its stage 2 complaint response to the resident on 24 October 2023. It apologised for the level of service it had provided and acknowledged that the repairs should have been completed sooner. The landlord re–offered the £50 compensation it offered in its stage 1 complaint response.
  9. The resident remained dissatisfied with the landlord’s response and submitted his complaint to the Ombudsman. He stated he wanted the landlord to reimburse the rent he paid between May and October 2023 because he said the flat was not in a liveable condition during this time. In addition, he stated he would like compensation for the time and trouble he experienced in chasing his complaint.

Assessment and findings

Scope of Investigation

  1. The resident explained to the Ombudsman in September 2024 that he was experiencing ongoing issues with the cylinder and water tank system at his property, which had multiple leaks. The resident did not raise the issues as part of his initial complaint to the landlord. And therefore, the landlord was not required to consider this issue through its complaints process. The Ombudsman will not consider it either, because we can only investigate matters which have exhausted the landlord’s complaints process. This is in line with Paragraph 42.a. of the Housing Ombudsman Scheme, which states the Ombudsman may not consider a complaint which is made prior to having exhausted a landlord’s complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member landlord has not taken action within a reasonable timescale. The resident can make a separate complaint to the landlord about the issues related to the cylinder and water tank system at his property if he wants to. He may be able to refer the new complaint to the Ombudsman if he remains dissatisfied with the landlord’s final response about the cylinder and water tank issues.

Policies and Procedures

  1. The landlord’s repairs policy states that the landlord is responsible for electrical wiring, inside walls, floors and ceilings, kitchen units and worktops. Also, the policy states that the landlord is responsible for heating and plumbing.
  2. In addition, the landlord’s repairs policy includes the following response timescales for the following repair categories:
    1. Emergency repairs – the landlord will respond and make the repair issue safe within 24 hours.
    2. Routine repairs – the landlord will respond within 20 working days.
  3. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy explains the landlord will respond to both a stage 1 and 2 complaint within 20 working days. The landlord’s timescale for a stage 1 response is not in line with the Code.

Void works at the resident’s property

  1. Normally, a landlord will have a void process for managing an empty property to identify and complete works to raise the property to a lettable standard​ prior to a new resident moving into the property. However, the landlord has not provided us with a copy of its voids procedure.
  2. In April 2023, the landlord raised a work order for void works to renew the kitchen and rewire the property and completed these works in May 2023. Shortly after, the resident started his tenancy with the landlord and contacted it, explaining he had concerns about the condition of the property, which included ceiling cracks, a hole in the kitchen window, a damaged front door, and issues with the levelling of the floor. However, there was a delay in the landlord arranging an appointment with the resident to complete the necessary repairs. This was unreasonable, and the Ombudsman would have expected the landlord to complete the necessary void works to the property prior to the resident moving in. In some cases, it may be appropriate for a landlord to schedule some more minor void works after the new tenant moves in, due to the need to let properties as soon as possible in view of the lack of availability of social housing. However, landlords should agree such works with the resident in advance, before they move in.
  3. On 2 June 2023, the landlord tried to contact the resident to arrange an appointment to carry out the void works. However, it could not get through to the resident. We recognise this would have been outside the landlord’s control. Shortly after, the resident completed a tenancy sustainment form and, in the form, he mentioned the void works were still outstanding. At the point the tenancy sustainment form was completed, it would have been appropriate for the landlord to arrange an appointment with the resident to complete the void works.
  4. It is a positive step that the landlord acknowledged and apologised for the delay in completing the void works. It also offered the resident £50 compensation to recognise the distress and inconvenience caused by the outstanding works. However, the compensation offered by the landlord was not sufficient, particularly as the works should have been completed prior to the resident moving into the property.
  5. The landlord took appropriate steps by arranging for its contractor to attend the resident’s property on 13 June 2023 to inspect the property and confirm the required works. However, following the inspection, there was a further delay in the landlord completing the necessary works. One of the landlord’s internal emails stated that part of the delay was due to access issues. However, the landlord has not provided any records to evidence it arranged appointments with the resident or evidence that its contractors could not gain access to the property. In addition, we have seen that the resident sent emails to the landlord requesting an update on the works. Therefore, we cannot conclude that there were delays due to lack of access. In addition, we would expect a landlord to book an appointment with the resident prior to attending their property, except in an emergency.
  6. The landlord eventually started the void works in September 2023, which included disconnecting and reconnecting the gas to confirm that the boiler was in working order. Its contractor also carried out work on the door and started plastering works to resolve the cracks in the property. The remaining void works including decoration works, were completed on 21 October 2023. The overall delay in completing the void works was unreasonable and would have inconvenienced the resident.
  7. The landlord apologised in its stage 2 complaint response for the delay and re-offered the resident the £50 compensation it offered in its stage 2 complaint response. As above, the compensation offered by the resident was not sufficient to recognise the distress and inconvenience caused by the delay. Therefore, there has been maladministration by the landlord in its handling of void works at the resident’s property. It would be appropriate for the landlord to pay the resident £200 compensation to recognise the distress and inconvenience caused by the delays. This amount is in addition to the £50 the landlord offered in its complaint responses.
  8. The Ombudsman recognises the resident requested the landlord to refund the rent he paid between May and October 2023 because he believed the property was uninhabitable due to the outstanding void works. We recognise it would have been frustrating for the resident to move into a property with outstanding repairs. However, the Ombudsman would normally only propose compensation based on rent where there is evidence that part or all of the property was uninhabitable at any stage, and we have not seen any evidence, aside from the resident’s testimony to show that this was the case. A property or room is considered uninhabitable if it is not safe to use or if the property lacks basic facilities for washing and sleeping. The issues the resident reported, stains on the toilet, problems with the shower, ceiling cracks, a hole in the window, uneven flooring etc, whilst clearly inconvenient and upsetting, would not automatically mean the property was uninhabitable. It would depend on the extent of the damage and whether it caused an immediate and significant risk to safety.
  9. Therefore, we would not ask the landlord to refund the residents rent. However, we have considered the distress and inconvenience caused by the delay in the landlord completing the works.

The associated complaint

  1. The resident submitted his complaint to the landlord on 23 May 2023. Following this, the landlord provided its stage 1 complaint response on 7 June 2023. The response was on time and compliant with the 10-working day timescale referenced in the Code and the landlord’s complaints policy.
  2. On 10 June 2023, the resident contacted the landlord and requested his complaint to be escalated to the next stage of the landlord’s complaints process. The resident also chased the landlord for its response multiple times between July and September 2023. It took the landlord over 4 months to provide its stage 2 complaint response, which it sent to the resident on 24 October 2023. The response was considerably late and not compliant with the timescales referenced within the Code and the landlord’s complaints policy. The late stage 2 complaint response would have caused inconvenience for the resident, as he was delayed in progressing his complaint to the Ombudsman.
  3. The landlord failed to acknowledge and apologised for its complaint handling delay. Therefore, given the delay in the landlord providing its stage 2 complaint response, there has been maladministration in the landlord’s handling of the associated complaint. It would be appropriate for the landlord to pay the resident £100 compensation for the distress and inconvenience caused. The amount of compensation awarded is in line with the Ombudsman’s remedies guidance referenced above.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of void works at the resident’s property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the associated complaint.

Orders

  1. The landlord is ordered to:
    1. Pay the resident £200 compensation for the distress and inconvenience caused by its handling of the void works at the resident’s property. This amount is in addition to the £50 the landlord offered during its complaints process.
    2. Pay the resident £100 compensation for the distress and inconvenience caused by its complaint handling errors.
  2. The landlord must comply with the above orders within 4 weeks of the date of this report, providing evidence to the Ombudsman that it has done so by the same date.

 

Recommendations

  1. We recommend that the landlord reviews its complaints policy and amends its stage 1 complaint response timescale to be in line with the Code, if it has not done so already.
  2. We recommend the landlord creates a voids policy if it does not already have one in place.