Southern Housing (202300900)

REPORT

COMPLAINT 202300900

Southern Housing

19 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

The complaint is about the landlord’s handling of the resident’s:
1. Concerns about a broken toilet.
2. Reports of a blocked waste pipe, damage to the kitchen worktop, cupboards, and associated repairs in the kitchen.
3. Associated complaint.

Background

The resident is a secure tenant of the landlord at the property.
On 5 October 2022 the resident reported that the waste pipe in her kitchen was blocked, and the wastewater was backing up into her washing machine. She said the wastewater had also leaked onto the kitchen floor destroying a kitchen cabinet and ruined her washing machine.
The landlord’s contractor visited the resident’s property on 2 occasions between 14 October 2022 and 9 November 2022. During these visits the contractor disconnected the washing machine, sawed through the housing unit for the waste pipe and left it exposed into the resident’s kitchen.
On 14 November 2022 the resident raised a complaint to the landlord about its handling of the repair to the waste pipe and kitchen cupboard.

On 15 November 2022 the landlord’s drains contractor attended the resident’s property. The contractor said they needed to use a camera to investigate the cause of the blocked waste pipe. The contractor did not have their camera with them, so the landlord arranged a further appointment for 30 November 2022. The contractor then returned to the property with the camera on 30 November 2022 and identified that a ball of fat was stuck in the wastepipe and had been the cause of the blockage.
In December 2022 the resident chased the landlord for it to carry out the repairs in the kitchen and respond to her stage one complaint. The landlord made an appointment for its contractor to carry out the repair to the blocked waste pipe in the resident’s kitchen on 23 December 2022. The landlord then cancelled this appointment which it then rescheduled for 3 January 2023.
On 4 January 2023 the resident told the landlord that the blocked wastepipe had been fixed, but the following repairs within her kitchen remained outstanding:
1. The wastepipe had been left exposed and had caused a smell throughout her property.
2. Her washing machine needed to be replaced. However, she was unable to move it because the kitchen worktop was insecure as it had come away from the wall and was resting on the washing machine.
3. The kitchen cupboards had been ruined by the leak.
The landlord arranged for a survey of the resident’s kitchen which it completed on 19 January 2023.
In February 2023 the resident chased the landlord for it to respond to her complaint and outstanding kitchen repairs. The resident said she was having to use her local laundrette to wash her clothes as she could not replace the washing machine due to the ongoing disrepair in the kitchen. During this time a contractor attended but was unable to gain access to the resident’s property. The contractor returned on a different day and advised the landlord that further works were required to replace the kitchen unit and repair the kitchen worktop.
Between March 2023 and May 2023 the landlord’s contractor attended the resident’s property on 3 further occasions. During this time the local authority’s environmental health department also carried out a housing health and safety rating system (HHSRS) assessment of the resident’s kitchen. Environmental Health advised the landlord that the disrepair in the resident’s kitchen was a category 2 hazard. It asked the landlord to take remedial action in respect of the outstanding repairs in the resident’s kitchen by 23 June 2023.
Between June 2023 and August 2023 the resident continued to ask for the landlord to respond to her complaint about its handling of the repairs in her kitchen. The landlord said it had completed the repairs to the resident’s kitchen cupboard and worktop on 3 July 2023. In September 2023 the Ombudsman intervened and advised the landlord to provide a stage one written response to the resident’s complaint.
The landlord provided its stage one complaint response on 19 September 2023. It explained it would not be able to reimburse the resident’s washing machine replacement or any expenses incurred from her having to use the laundrette. The landlord said it encouraged residents to take out contents insurance to cover damage to their personal belongings, such as the resident’s washing machine in this instance. It accepted there had been delays in its handling of the resident’s repairs, and in its response to her complaint. The landlord awarded the resident £585 compensation. The resident remained dissatisfied with the landlord’s stage one complaint response and requested the landlord escalate her complaint the next day.
On 8 November 2023 the landlord provided its final response to the resident’s complaint. It said it was satisfied that its stage one complaint response had fully addressed the resident’s complaint and referred her to the Ombudsman.
The resident remained dissatisfied with the landlord’s final response. She brought her complaint to the Ombudsman in November 2023, stating her desired outcome was for all of the outstanding repairs to be completed.
The resident has advised the Ombudsman that the landlord carried out the works of updating her kitchen between August 2024 and September 2024. She said that the landlord refused to fit an extractor fan which she said had been advised by the environmental health team due to the kitchen suffering with damp and mould. The resident believed the wastepipe in the kitchen had also been left exposed since the works had been completed, which continued to cause a smell within the property.

Jurisdiction

What the Ombudsman can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Scheme. When a complaint is brought to this service, the Ombudsman must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.

Concerns about a broken toilet.

Paragraph 42.a. of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints, which in the Ombudsman’s opinion are made prior to having exhausted a member’s [landlord’s] complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
The resident has advised the Ombudsman that she has made numerous reports to the landlord for the past year that her toilet is broken. The Ombudsman understands that this will have caused the resident distress and inconvenience. However, there is no evidence to show that the resident has raised a complaint to the landlord about this, or that the landlord has formally responded to this as a complaint.
If the resident wishes to pursue a complaint about her concerns about the broken toilet, she should contact the landlord to raise a new complaint. This is because the landlord needs to have the opportunity to consider the resident’s complaint before the Ombudsman assesses it. If the landlord is then unable to resolve matters to her satisfaction through its complaints process, she may be able to refer the complaint to the Ombudsman for investigation at that stage once she has received the landlord’s final response to her concerns.

Assessment and findings

When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.
The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.’

Scope of Investigation

Paragraph 42.a. of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints, which in the Ombudsman’s opinion are made prior to having exhausted a member’s [landlord’s] complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
The resident has stated to the Ombudsman that she is dissatisfied with the standard of the works carried out in her kitchen between August 2024 and September 2024. This is because the landlord initially agreed to fit an extractor fan in the kitchen but then did not install it. The resident also said that the wastepipe remained exposed and was causing a bad smell throughout her property. The Ombudsman understands that this situation will have caused the resident distress and inconvenience.
However, the Ombudsman is unable to consider these further complaints as they occurred after the landlord’s final response on 8 November 2023. Therefore, the landlord has not had the opportunity to consider the resident’s complaint before the Ombudsman assesses it.
If the resident wishes to pursue a complaint about her dissatisfaction of these further works carried out to her kitchen in 2024, she should contact the landlord to raise a new complaint about this. If the landlord is then unable to resolve matters to her satisfaction through its complaints process, she may be able to refer the complaint to the Ombudsman for investigation at that stage once she has received the landlord’s final response.
Therefore, in line with the Scheme, the Ombudsman has considered the landlord’s handling of the repairs subject of this report, between 5 October 2022 to its final response provided on 8 November 2022.

Reports of a blocked waste pipe, damage to the kitchen worktop, cupboards, and associated repairs in the kitchen.

The landlord’s repairs policy states it will keep in good repair and working order the installations it provides including sinks, flushing systems, and waste pipes.
The landlord’s repairs policy states that its repairs fall into the following categories:
1. Emergency – It describes this as a repair where there is an immediate risk to safety, security, or health. It will provide a response to this repair within 6 hours.
2. Non-emergency – These are repairs that are not considered emergencies which the landlord states it will complete as soon as possible, at a time that suits the resident. Routine repairs will be arranged by appointment and completed Monday to Friday between the hours of 8am and 6pm.
The landlord’s repairs policy states that the landlord will aim to complete all repairs in one visit. It would like any reported repairs to take as little time as possible. The landlord also states that residents are responsible for insuring the contents of their home, and for any repairs to white goods.
On 5 October 2022 the resident said she reported that the waste pipe in her kitchen was blocked, and the wastewater had backed up, ruining her washing machine. She also explained that the wastewater had leaked onto her floor and had destroyed a kitchen cabinet. The Ombudsman has seen no record of this communication or that the landlord raised a repair. Without this information, the Ombudsman cannot assess whether the initial actions the landlord took were reasonable. However, when the resident reported this repair again on 12 October 2022, the landlord raised a repair which was an appropriate response.
Between 14 October 2022 and 15 November 2022, 3 different contractors visited the resident’s property in relation to these repairs by carrying out the following actions:
1. On 14 October 2022 the contractor disconnected the wastepipe from the washing machine to prevent further waste backing up into the machine. The resident said the contractor explained to her that due to a lack of tools they were unable to carry out any further repairs.
2. On 9 November 2022 the contractor sawed off the housing unit and left the wastepipe exposed in the kitchen without carrying out any further works.
3. On 15 November 2022 the landlord’s drains contractor attended without the required CCTV equipment and so no works were completed.
It was reasonable that the landlord responded to this repair within 2 days. This was because this type of repair would be considered a non-emergency and so the landlord acted in line with its repairs policy, as set out above. However these 3 initial visits by the landlord to the resident’s property were not appropriate. The landlord’s contractor should have had the correct equipment with them in order to complete the repairs. It is understandable that specialist equipment may sometimes be needed, which would require a further visit. Where follow up works were required, such visits should have been kept to a minimum. Evidence reviewed by the Ombudsman show that the further 2 visits during this period, as referred to above, resulted in no works being completed. The Ombudsman understands this will have exacerbated the frustration felt by the resident. This is evidence of the landlord’s poor handling of its repairs processes.
On 30 November 2022 the landlord’s drains contractor identified that a ball of fat had caused the blockage in the kitchen waste pipe, in the resident’s kitchen. Records reviewed by the Ombudsman show that during December 2022 the landlord made an appointment to repair the blocked waste pipe on 23 December 2022. The landlord then cancelled this and rebooked the appointment for 3 January 2023, which is when the waste pipe was unblocked.

Overall, the landlord took 62 days to repair the blocked waste pipe. This was an unreasonable delay. During this time it carried out multiple unnecessary visits to the resident’s property, and rescheduled a number of its appointments which the Ombudsman understands will have caused confusion for the resident. The Ombudsman understands that during this period, the resident continued to chase the landlord to carry out this repair. She also specifically asked the landlord to fix the blocked pipe before Christmas. The Ombudsman understands that the landlord’s failure to do so, exacerbated the resident’s feelings of frustration, and inconvenience at that time.
On 19 January 2023 the landlord completed an inspection of the resident’s kitchen and identified repairs to the kitchen cupboards and worktop. A contractor attended the resident’s property on 15 February 2023 however no works were completed. The landlord then scheduled for works to the kitchen to take place in March 2023, and then moved the works to April 2023. Records seen by the Ombudsman that there was a lack of communication between the landlord and the resident during this period of time. This resulted in the landlord’s contractors attending the resident’s property without the resident being informed in advance, which resulted in missed appointments and works not being carried out. This is evidence of poor communication.
During this same period, the resident said that she was unable to replace her washing machine because it was holding up the broken kitchen worktop. The landlord advised the resident that it encouraged residents to claim on their contents insurance for accidental damage to personal items caused by repairs such as these to her washing machine. This was an appropriate response and was in line with the landlord’s repairs policy, as set out above.
The resident also said that she had been having to use the local laundrette twice a week to wash her clothes, due to being unable to replace her washing machine until the worktop was fixed. The landlord said it would not cover these costs. This was not a reasonable response. This is because the delays in the landlord carrying out the repairs in the kitchen meant there was an unreasonable delay in the resident being able to fit and use her new washing machine. Therefore, the Ombudsman will make an order that subject to the resident providing suitable receipts, the landlord should pay compensation for the laundrette expenses she incurred from November 2022 to August 2024. This is because these repairs to the kitchen were standard repairs, which the landlord should have completed within 28 days, in line with industry best practice. The delay meant the resident had no other option than to use a laundrette until the counter was fixed.

In May 2023 the local authority’s environmental health team wrote to the landlord and advised it that it had assessed the disrepair in the resident’s kitchen as a category 2 health hazard. The environmental health team advised the landlord to address the following disrepair in the resident’s property by 23 June 2023:
1. Secure the kitchen work surfaces as they were not supported due to the sealant peeling away.
2. Repair the leaking waste pipe which served the washing machine.
3. Fix the kitchen units that were in a state of disrepair which along with the loose worktops were at risk of collapse due to water damage from the leak.
The landlord has stated that these repairs to the kitchen were completed on 3 July 2023. This was 187 days after the resident raised the repair. It was also outside of the deadline issued by environmental health team. This is evidence of poor handling of its repairs process. As referred to above, these repairs should have been completed within 28 days, in line with industry best practice. The delay would have caused significant distress and inconvenience to the resident as she was unable to fully use her kitchen for a long time.
On 11 October 2023 the landlord made an attempt to carry out a further survey of the resident’s kitchen. However the contractor said they were unable to gain access to the resident’s property. The Ombudsman is not questioning why the resident was unable to grant the landlord access to complete the survey. However, it was reasonable the landlord arranged to complete this after the resident had raised her dissatisfaction with the works it had completed.
The Ombudsman makes a finding of maladministration for the landlord’s handling of the resident’s reports of a blocked waste pipe, damage to the kitchen worktop, cupboards, and associated repairs in the kitchen. This includes the delays in carrying out the repairs, unnecessary visits from its contractors and overall poor levels of communication, as referred to above.
The Ombudsman has considered our own remedies guidance (published on our website) in respect of compensation for distress and inconvenience caused by the landlord’s errors. On 8 November 2023, in the landlord’s final response to the resident’s complaint, it awarded her £485 compensation. It is positive that the landlord attempted to put things right, but the Ombudsman does not consider that the landlord went far enough. Therefore, as referred to above, in line with the Ombudsman’s remedies guidance, the Ombudsman increases this amount of compensation to £600 for distress and inconvenience. This amount includes the £485 compensation awarded by the landlord in its stage one and stage 2 complaints processes. The remedies guidance gives examples of an award in this range where there has been a failure by the landlord which had an adverse affect on the resident but there may be no permanent impact.
The Ombudsman understands from the resident that a further survey of her kitchen was completed in March 2024. The kitchen was then replaced between August 2024 and September 2024. The resident has advised the landlord that she is dissatisfied with aspects of this repair as already referred to above. Therefore the Ombudsman will make a recommendation that the landlord actively engage with the resident about her concerns about the following:
1. Repairs to her kitchen including the extractor fan and waste pipe in her kitchen.
2. Concerns about her leaking toilet.

Associated complaint.

The landlord has a 2-stage complaints process. It will acknowledge a resident’s complaint at each stage within 5 working days. The landlord will provide its written response at stage one within 10 working days of its acknowledgment of the complaint. Following a request to escalate a complaint, the landlord will provide its stage 2 complaint response within 20 working days. The landlord may need to extend its response times at either stage of its complaints process, but that this would not exceed a further 10 working days without good reason.
On 14 November 2022, the resident raised a complaint to the landlord about its handling of the repair to the waste pipe and kitchen cupboard. The landlord acknowledged the resident’s complaint 7 working days later, on 22 November 2022. The landlord should have acknowledged the resident’s complaint within 5 working days, but the delay was not excessive.
Between November 2022 and September 2023, the Ombudsman has reviewed evidence that shows that the resident continued to chase the landlord, asking for it to respond to her complaint about the repairs in her kitchen. This is a significant delay and is evidence of poor complaint handling. During this time, the Ombudsman has seen one communication where the landlord said it would update the resident about her complaint and then failed to follow this up.
Between 5 September 2023 and 13 September 2023, the Ombudsman intervened and advised the landlord to provide the resident with a stage one complaint response about the repairs in the kitchen. The landlord provided its stage one complaint response on 19 September 2023. This was 215 working days after the resident raised her initial complaint. This was a significant delay. The Ombudsman understands that this will have exacerbated the distress and inconvenience caused to the resident who said she was still waiting for the repairs to be completed in the kitchen at that time.
On 20 September 2023 the resident requested the landlord escalate her complaint. The landlord acknowledged the resident’s request to escalate her complaint 7 working days later, on 28 September 2023. On 26 October 2023, the landlord then explained to the resident that it needed to extend the timescale of its response by a further 10 working days. It then responded 10 working days later. This was reasonable and in line with the Ombudsman’s Complaint Handling Code (which sets out our service’s expectations for landlords’ complaint handling). The Code states that landlord’s may extend its stage 2 complaint response by no more than 20 working days.
For these reasons, the Ombudsman makes a finding of maladministration for the landlord’s handling of the resident’s complaint.
The Ombudsman has calculated that the landlord has awarded the resident £100 in respect of its handling of the resident’s complaints. It is positive that the landlord attempted to put things right, but the Ombudsman does not consider that the landlord went far enough. Therefore, as referred to above, in line with the Ombudsman’s remedies guidance, the Ombudsman increases this amount of compensation to £300 for distress and inconvenience for its complaint handling errors. This amount includes the £100 compensation awarded by the landlord in its stage one and stage 2 complaints processes.

Determination (decision)

In accordance with paragraph 42.a. of the Housing Ombudsman Scheme, the landlord’s response to the resident’s concerns about a broken toilet is not within the Ombudsman’s jurisdiction to consider.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s:
1. Reports of a blocked waste pipe, damage to the kitchen worktop, cupboards, and associated repairs in the kitchen.
2. Associated complaint.

Orders and recommendations

Orders

The landlord is to apologise to the resident in writing. The apology is to be in line with this service’s guidance that it acknowledges the maladministration for which it expresses a sincere regret for its handling of the resident’s:
1. Reports of a blocked waste pipe, damage to the kitchen worktop, cupboards, and associated repairs in the kitchen.
2. Associated complaint.
The landlord is to pay the resident a compensation payment of £900. The breakdown of this compensation is as follows:
1. £600 for its maladministration in the landlord’s handling of the resident’s reports of a blocked waste pipe, damage to the kitchen worktop, cupboards, and associated repairs in the kitchen. This includes the £485 it awarded during its complaints process, which it may deduct if this has already been paid.
2. £300 for its maladministration in its handling of the resident’s associated complaints. This includes the £100 the landlord awarded the resident in its stage one and stage 2 complaints process, which it may deduct if this has already been paid.
The landlord is to share evidence with the Ombudsman confirming that it has complied with the above orders within 5 weeks of the date of this report.
Within 9 weeks of this report, subject to the resident submitting her receipts, the landlord is to reimburse the resident all reasonable costs for her using the services of her local launderette between November 2022 and August 2024. It is then to update this service that it has done so.

Recommendations

Within 5 weeks of the date of this report, the landlord should contact the resident and communicate with her about her dissatisfaction with the following:
1. The standard of its works carried out to the resident’s kitchen between August 2024 and September 2024, including the installation of an extractor fan and the smell from the exposed waste pipe in her kitchen.
2. Concerns about her leaking toilet.
If the landlord is unable to resolve the resident’s concerns to her satisfaction it should issue a formal stage one complaint response about these matters.