Peabody Trust (202402595)

REPORT

COMPLAINT 202402595

Peabody Trust

26 March 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. Repairs following the collapse of the toilet ceiling and repairs to the toilet, bathroom and kitchen ceilings.
   2. The related complaint.

Background

2. The resident is an assured tenant of the landlord, a housing association. The property is a 1-bedroom flat. The (starter assured) tenancy started in October 2016.
3. The resident is disabled on account of her lung condition (chronic obstructive pulmonary disease). This information is recorded on the landlord’s system. The resident also has a mental health condition (anxiety and depression).
4. The resident raised a formal complaint on 23 July 2021 regarding ‘urgent repairs’ relating to:
   1. The collapse of her toilet ceiling on 4 January 2021.
   2. ‘Bowing and cracked’ ceilings within the property. She said that the landlord first identified the need to replace these in December 2020, yet this work was outstanding.
5. The landlord issued an interim stage 1 complaint response on 22 June 2022 in which it apologised for the delays in completing repairs to her ceilings. It said it was currently working to finish all the repairs that were outstanding and it would make her an offer of compensation once these were completed.
6. In its ‘final conclusion’ email to the resident dated 13 October 2022 the landlord stated that its contractors completed repairs to toilet floor on 7 October 2022 and stopped the leak. It apologised for the length of time taken to complete the repairs. Regarding her request for compensation, it had replaced the flooring in the living room and hallway costing over £2,500. The landlord said this was usually the resident’s responsibility but that it had replaced the flooring in recognition of the poor service it had provided.
7. On 10 January 2023 the resident asked to escalate the complaint to stage 2 as:
   1. The landlord told her about its plan to renew the toilet in the flat above in December 2020, and soon after the toilet ceiling collapsed on her.
   2. The landlord had not responded to her complaint about health and safety and the danger she was exposed to.
   3. The landlord had first identified ‘bowing and cracked’ ceilings in December 2020 and informed her these would be replaced in February 2021.
   4. She was unhappy that it took the landlord until May 2022 to replace the ceilings.
   5. Her floors were damaged during removal of ceilings due to its contractors’ failure to protect them.
8. Following contact from the Ombudsman on 2 February 2024, the landlord logged a new complaint on 13 February 2024 and provided a stage 1 response on 21 February 2024. This acknowledged the resident’s complaint was about:
   1. Its handling of responsive repairs (delays).
   2. Its handling of a collapsed ceiling.
   3. Its response to her safety concerns.
   4. The level of compensation offered.
   5. Its handling of a broken toilet unit.
9. In its response dated 21 February 2024, the landlord stated that the resident had complained in October 2021 to which it provided its ‘final conclusion’ email on 13 October 2022. It said it had not received any further contact from the resident “until now”. It explained that given the length of time, it was unable to apply discretion and revisit the matter. The landlord referenced section 3.3 of its complaints process.
10. The landlord said, separate to her complaint, the resident had contacted it several times between April and December 2023 to report a new leak issue from her toilet. According to its records, its contractor had attended and rectified the issue. The landlord said it had not received any further reports in 2024, but it advised her to raise any further issues with its customer contact centre (CCC).
11. In her reply of 28 February 2024, the resident reiterated her points made on 10 January 2023 about why she had been unhappy about its conclusion email dated 10 October 2022. She also said:
    1. In its June 2022 response the landlord said it would offer compensation once the repairs were completed but had not done so.
    2. It had replaced the flooring in her flat because its contractors had caused stain damage to these while carrying out works to the kitchen ceiling. Therefore, she did not consider this to be compensation for issues raised in her July 2021 complaint.
    3. The leak from the toilet was not “new”. It first occurred following the collapse of the toilet ceiling due to falling debris that cracked the toilet pan and dislodged the flushing unit. She had experienced leaks ever since.
12. In its reply of 13 March 2024, the landlord:
    1. Stated that the last repair request to her toilet was on 28 December 2023. This job was closed and referred to the original installers to reattend and put right. It had now asked its contactor to ensure the job was reinstated and attended to.
    2. Said it had covered costs of replacing her living room and hallway flooring and installing this. This amounted to over £2,500 and was provided by way of compensation.
    3. Said that generally, replacing the flooring or making a claim through her contents insurance was the resident’s responsibility as such it had exceeded its repair responsibilities.
    4. Reiterated it would not revisit matters that had already been determined under the complaints process. However, it requested a copy of her 10 January 2023 email request so it could review this.
13. On 14 March 2024, the resident forwarded the landlord her 10 January 2023 escalation request.
14. On 6 August 2024, the landlord provided its stage 2 final response. This referred to a call with the resident that day and apologised for the delay in providing its response. The landlord stated her requests were:
    1. For it to complete all outstanding repairs including the fitting of a new toilet unit.
    2. Explain what led to the toilet ceiling collapse and whether risk or impact assessments were conducted before work commenced.
    3. Revisit and overturn its decision not to provide compensation.
15. The landlord:
    1. Reiterated that it had provided a final conclusion email to her stage 1 complaint about repairs in her kitchen, bathroom and toilet, on 13 October 2022.
    2. Reiterated that in line with its complaints policy, it was unable to investigate matters that had already been determined or occurred over 12 months ago.
    3. Explained that the cause of the toilet ceiling collapse was a leak from above her.
    4. Said in relation to the toilet repair, it had instructed its repairs team to complete all outstanding repairs including the fitting of a new toilet unit.
    5. Offered the resident £1,000 in compensation made up of:
       1. £850 for delays in repairs to the toilet since April 2023.
       2. £150 for the delay in providing its stage 2 final response.
    6. Agreed to complete the repairs to the resident’s toilet including replacing it with a new close coupled toilet unit.

Post the landlord’s final response

16. On 20 January 2025, the resident told us the landlord had fitted a close-coupled toilet on 9 January 2024. However, she said the lid for the flush unit does not fit, and the toilet seat was the wrong size (too small). She explained that she had called the supplier of the toilet unit who agreed to replace it if returned in the original packing, which she had kept. She had spoken to the landlord about this and emailed pictures of the defects but said she had not received a response.

Assessment and findings

Scope of the investigation

17. In her communications to the landlord, the resident said the issues experienced with the repairs had had an adverse impact on her mental and physical health.
18. It is not the role of the Ombudsman to investigate if there was a causal link between reports of health issues experienced by the resident and the actions of the landlord. The resident may wish to seek legal advice about this, as a personal injury claim may be a more appropriate way of dealing with this aspect of the complaint. As these claims are more appropriately dealt with by a court or other procedure, this element will not be investigated. However, consideration has been given to whether the landlord appropriately considered the resident’s vulnerabilities while handling her reports and associated complaint.
19. The resident initially complained about the landlord’s handling of repairs following the collapse of the toilet ceiling and repairs to the toilet, bathroom and kitchen ceilings in her July 2021 formal complaint. The landlord provided its stage 1 ‘final conclusion’ email to her complaint on 13 October 2022.
20. We then contacted the landlord in February 2024 asking it to respond to aspects of the complaint the resident told us were outstanding. The landlord logged her concerns as a new complaint which then completed the landlord’s complaint process on 6 August 2024.
21. Due to the length of time since the resident’s July 2021 complaint, the focus of this investigation will be the landlord’s handling of concerns raised during the complaints process that started in February 2024 and ended on 6 August 2024. However, reference is made to the earlier complaints process for context and in instances we consider it is reasonable to do so, we will consider the circumstances of earlier individual complaints.

The landlord’s handling of repairs following the collapse of the toilet ceiling and repairs to the toilet, bathroom and kitchen ceilings.

22. In accordance with the Landlord and Tenant Act 1985, the landlord is responsible for maintaining and repairing installations for the supply of sanitation which includes toilets and associated pipework. This is echoed in the landlord’s responsive repairs policy which says the landlord is responsible for repairing or replacing toilets and cisterns. This policy also states the landlord is responsible for internal repairs including plastering, painting and wallpapering.

Repairs following the collapse of the toilet ceiling

23. In her complaint the resident said she was unhappy with the landlord’s handling of repairs needed to the toilet following damage caused by the ceiling collapse. In its stage 1 complaint response, the landlord said it could see the resident had contacted it several times between April and December 2023 to report a new leak from her toilet. It said that according to its records, its contractor had attended and rectified the issue and that it had not received any further reports from her about this in 2024.
24. The landlord’s repair records show the resident had reported issues relating to the toilet on multiple occasions throughout 2023 including on 24 April 2023, 30 July 2023,1 August 2023, 8 November and 28 December 2023. These reports related to an “uncontainable” leak from the pipe leading to the cistern pan, a leak from the base, damage to the toilet pan and a broken flush.
25. In her reply dated 28 February 2024 however, the resident explained to the landlord that the leak from the toilet was not “new”. She said it first occurred following the collapse of the toilet ceiling in 2021 due to falling debris that cracked the toilet pan and dislodged the flushing unit. She explained that she had experienced leaks and other issues ever since. She said since November 2021 at least 16 different plumbers or handymen had visited to repair the toilet or to ‘make safe’ if an emergency. The latest was on 17 January 2024. The resident stated that all had recommended to the landlord to fit a closed ‘coupled toilet unit’ to eliminate the leaks yet this work was still outstanding.
26. Evidence seen by this Service including communications between the parties indicate that the problems with the toilet began after the toilet ceiling collapsed in 2021. The landlord’s records indicate the resident made reports in 2021 including an issue with a cracked toilet bowl, then a leak from the renewed toilet bowl. The landlord’s records indicate it attended following these reports but that there are no further jobs raised until April 2023 after the resident reported a further leak from the base of the toilet. Therefore, while the issues with the toilet began after the ceiling collapse in 2021, the lack of any new reports in 2022 suggest the repairs in 2021 had resolved the issues, albeit temporarily.
27. Nonetheless, at time of the resident’s February 2024 formal complaint, we are mindful that an effective long-term solution to the intermittent leak from the resident’s toilet had been outstanding since April 2023 when she reported this. As this was more than 10 months, this exceeded the timescales in the landlord’s responsive repair policy, the longest of which is 60 calendar days for ‘specialist works’. Its failure to replace the toilet unit sooner, or fully resolve the issues represents a significant failing by the landlord. The landlord was aware the resident is disabled and that there was only one toilet in the flat. Ongoing issues with the toilet would have caused considerable disruption. The landlord’s failure to take the resident’s personal circumstances into account and prioritise resolving the toilet repairs, was unreasonable.
28. On 13 March 2024, the landlord told the resident it had asked its contractor to ensure the toilet job was reinstated and attended to. Its records confirm that the landlord contacted its contractor at this time to request this action. This was appropriate, however, there is no evidence of this repair progressing over the next 2 to 3 months or of the landlord tracking this. On 24 May 2024 the resident emailed the landlord regarding the toilet repairs which she said were still outstanding. It is evident that the repairs to the toilet remained outstanding when the landlord issued its final response issued more than 2 months later (on 6 August 2024).
29. Therefore, the lack of any meaningful action taken by the landlord to get the repairs to the toilet completed after the landlord told the resident it had re-raised this job with its contractor, was unreasonable. This indicates a lack of oversight by the landlord in managing the repairs to the toilet. There is also no evidence of the landlord providing any update to the resident regarding the progress on the repairs during this timeframe. This is poor communication and further evidence of the landlord failing to have regard to the resident’s vulnerabilities.
30. In its final response, the landlord said it had instructed its repairs team to complete the following works:
    1. Replace the toilet with a new close coupled toilet.
    2. Repair the walls in the toilet.
    3. Carry out remedial redecoration once the works had been completed.
31. This action was appropriate however, the landlord did not provide a timescale in its final response. Bearing in mind there had already been a prolonged delay in resolving these issues, it should have provided a timescale to manage the resident’s expectations. This is a further failing by the landlord.
32. The resident recently told us that the new toilet unit was fitted on 9 January 2025. While this shows the landlord undertook the works it promised during the complaints process, we are mindful this was 5 months after its final response. This indicates a further unreasonable delay on the part of the landlord. As the resident recently told us about defects with the new unit fitted, a recommendation has been included below for the landlord to contact the resident to agree a plan to resolve these defects for her, if not already done so.
33. Its repair records also indicate that the landlord raised a job on 21 January 2025 to make good the repairs carried out to the toilet. This is further evidence of the landlord doing the repairs promised during the complaints process. However, as it is unclear if this job was completed, an appropriate order been included below.

Repairs to the toilet, bathroom and kitchen ceilings

34. In her complaint the resident said she was unhappy about the length of time taken by the landlord to replace the toilet, bathroom and kitchen ceilings. She also said the landlord had not offered any compensation for the stress and inconvenience caused by this.
35. The resident first raised this issue in her previous complaint raised in July 2021. At that time the landlord had not yet replaced the toilet, bathroom and kitchen ceilings. The resident was unhappy about this as she said the landlord had first identified the need to carry out this work in December 2020 after completing a survey. It is evident however that the landlord then began undertaking works to replace the ceilings in May 2022.
36. This was appropriate and in its June 2022 interim response, the landlord apologised for the delay in getting the ceiling repairs completed however no compensation was offered at this stage. In its ‘final conclusion’ email (to the resident’s previous complaint) dated 13 October 2022, the landlord made no specific mention of its handling of the ceiling repairs or of compensation for the delay. It only mentioned the toilet repairs and that in recognition of the poor service and the unnecessary long time taken to complete ‘the repairs’, it had replaced the flooring in the living room and hallway costing over £2,500.
37. Although the resident queried the lack of compensation specifically for its handling of the ceiling repairs in her escalation request dated 10 January 2023, she did not receive a response or compensation for this. The resident raised this again during this complaints process. In her email to the landlord dated 28 February 2024, the resident said she had felt “constant worry” about the kitchen ceiling collapsing while awaiting the repairs. She also told the landlord its contractors had caused stain damage to the flooring while carrying out the ceiling repairs in 2022 after which it agreed to replace the flooring. It is evident that damage caused to the flooring while carrying out the ceiling repairs was something the resident had raised in 2022. The landlord did not respond to this specific point or explain the lack of compensation offered for its handling of the ceiling repairs in its 13 March 2024 response or in its final response. In the circumstances, this was unreasonable.
38. In its final response, the landlord apologised for the delays in completing repairs to the toilet (since April 2023) and offered the resident £850. Due to additional failings identified in this investigation, we do not consider this amount to be sufficient to resolve the complaint. These further failings include:
    1. A failure to consider the resident’s vulnerabilities while handling the repairs to the toilet and the ceilings.
    2. A further delay of 5 months in delivering the actions agreed in its final response.
    3. Ongoing lack of clarity provided around the resident’s request for compensation for its handling of ceiling repairs.
39. As there were a series of significant failings, this is indicative of severe maladministration by the landlord while handling repairs to the toilet and to the ceilings. However, the landlord has shown it has provided some repairs and compensation during its complaints processes to put these right. Therefore, this finding is reduced to maladministration. In the circumstances, it is reasonable for the landlord to pay the resident further compensation of £750 for distress, inconvenience, time and trouble for its handling of repairs following the collapse of the toilet ceiling and repairs to the toilet, bathroom and kitchen (£1,600 including the amount offered during the complaints process). This amount is consistent with this Service’s guidance on remedies where failings have had a significant impact on the resident.

Complaint handling

40. The landlord operates a 2-stage complaints process. Its complaints policy states it will acknowledge a complaint within 5 working days and provide a stage 1 complaint response within 10 working days of its acknowledgement. At stage 2, the landlord will acknowledge a complaint within 5 working days and provide a stage 2 final complaint response within 20 working days of its acknowledgement.
41. On 14 March 2024 the resident requested escalation of her complaint to stage 2 of its complaints process. Following contact from both the resident and us, the landlord provided its stage 2 complaint response on 6 August 2024. This was 100 working days after her request, indicating a failure by the landlord to provide its complaint response within the 20-working day timescale in its policy.
42. In its stage 2 final response, the landlord apologised for the delay in providing its response and offered the resident £150 in compensation in recognition of its failure to follow its complaints policy. On balance this redress was reasonable.
43. However, we are mindful that in its complaint responses, the landlord failed to address all points raised by the resident in her February 2024 complaint. The resident raised a concern about health and safety and queried if a risk assessment was completed regarding the works the landlord carried out to the flat above prior to her ceiling collapsing in 2021. She also raised a concern about experiencing soundproofing issues following works to the floorboards and joists in the above flat.
44. The landlord did not address these concerns at stage 1 or 2 of its complaints process. The Ombudsman’s Complaint Handling Code (the Code) makes clear landlords are expected to address all points raised in a complaint. Landlords must also accept a complaint unless there is a valid reason not to do so. In its responses the landlord said it was unable to investigate matters that occurred over twelve months ago or that had already been determined, referencing its prior 13 October 2022 complaint response.
45. These exclusions are in line with clause 3.3 of its June 2023 complaints policy (clause 3.6 of its June 2024 complaints policy). However, we are mindful that its complaints policy also says the landlord has discretion to accept complaints submitted outside of the 12-month timescale and it will always consider the individual circumstances of each complaint.
46. In the resident’s case, it is evident that she had raised these concerns in her previous complaint dated 23 July 2021 and again in her escalation request of 10 January 2023 as they were not addressed in its 13 October 2022 response. The resident raised these matters again during the 2024 complaints process due to the landlord having not providing any response to these concerns at any earlier stage.
47. As there is no evidence of the landlord investigating or responding to the resident’s concerns about health and safety or soundproofing relating to the works to the flat above when previously raised, on balance it was reasonable to expect the landlord to do so during the 2024 complaints process. Its unwillingness to do so and apply discretion, was unreasonable in the circumstances and is evidence of poor complaint handling by the landlord. This failing is indicative of maladministration by the landlord. An appropriate order has been included below for it to respond to these concerns.

Determination

48. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of repairs following the collapse of the toilet ceiling and repairs to the toilet, bathroom and kitchen ceilings.
49. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord while handling the related complaint.

Orders and recommendations

Orders

50. The Ombudsman orders the landlord to:
    1. A senior member of the landlord’s staff shall provide an apology to the resident for the failings identified in this investigation.
    2. Within 4 weeks, pay the resident additional compensation of £1,000 (£2,000 including the amounts offered during the complaints process) made up of:
       1. £750 for distress, inconvenience time and trouble for failings while handling repairs following the collapse of the toilet ceiling and repairs to the toilet, bathroom and kitchen ceilings.
       2. £250 for distress, inconvenience time and trouble for failings while handling the related complaint.
    3. Investigate and provide a full response to the resident in relation to her complaints about:
       1. health and safety and risk assessment in relation to the toilet ceiling collapse in 2021.
       2. soundproofing issues experienced since works to the floorboards in the above flat.
    4. Review its staff training on complaint handling and ensure all relevant staff are trained in line with its policy.
    5. Provide evidence to us showing that it has completed in full all the jobs promised in its 6 August 2024 final response.
    6. Provide evidence to us showing compliance with the above orders.

Recommendations

51. The Ombudsman recommends that the landlord:
    1. If not already done so, pay the resident the compensation offered during the complaints process (£1,000).
    2. Contact the resident to agree a plan to resolve the defects with the new toilet unit fitted, if not already done so.