Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Torus62 Limited (202309093)

Back to Top

REPORT

COMPLAINT 202309093

Torus62 Limited

25 November 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 handling of the resident’s request to:
    1. Unblock drain and gutters.
    2. Maintain and clean the roof.
    3. Replace an outside light at the property.
    4. Install a back gate.
    5. Maintain an alleyway directly behind his property.

Background

  1. The resident is an assured tenant of the landlord, a housing association, and lives in a 2-bedroom bungalow.
  2. The resident raised several repairs related to both his property and the communal areas on his estate. On 14 June 2023 the resident contacted this Service for assistance in raising a complaint with the landlord. On 30 June 2023 the landlord issued its stage 1 complaint response. It said:
    1. A home visit took place on 2 June 2023 with its neighbourhood and repairs managers, and it raised appropriate repairs after this visit.
    2. The outside lights were repaired on 21 June 2023.
    3. Appointments were booked for July 2023 to unblock the drain, gutters and to clean the roof.
    4. That an internal meeting would take place in relation to the alleyway and to find out who was responsible for the maintenance of this area. It would also consider installing a back gate.
  3. The resident escalated the complaint on 1 August 2023 as he was unhappy with the length of time it was taking to install a back gate. The landlord issued its stage 2 response on 30 August 2023. It advised that:
    1. Repairs to the outside light was completed on 21 June 2023.
    2. Work to clear the gutters and drains at the resident’s home was completed on 13 July 2023.
    3. The debris on the roof was cleared on 17 July 2023.
    4. On 18 August 2023 it completed external works to install a back gate and complete some drainage works. It also completed the renewal of the resident’s roof as part of follow-on work after the 17 July 2023 appointment.
    5. It had also taken on board the resident’s feedback and apologised that its communication was not to the required standard.
  4. The resident has confirmed that all works requested were completed by the landlord. He advised that he wants to pursue the complaint with this Service to ensure that the landlord learns from any failures identified.

Assessment and findings

Unblock drain and gutters.

  1. The resident initially reported that the gutters at his property were blocked in a phone call on 5 May 2023. The landlord arranged for an operative to attend on 16 May 2023 to clean the gutters and unblock any downpipes. This was reasonable and within the 20-calendar timescale for responsive repairs set out in its repairs policy.
  2. Following a site visit carried out by the landlord on 2 June 2023, further work to unblock a gully was raised. This was sent to a contractor who attended on 13 July 2023 to complete the works. This work took place 41 calendar days after it was reports which was outside of the 20-day timescale. While there was a delay in completing the repair, this was due to the landlord having to arrange scaffolding to reach the relevant gully. The landlord did tell the resident about the delay and confirmed in its stage 1 complaint response when the repair was booked for. As the landlord told the resident about the delay and arranged the repair for the earliest date possible, there was no maladministration in the landlord’s handling of this repair.

 

Maintain and clean the roof.

  1. As part of the resident’s formal complaint dated 14 June 2023, he notified the landlord that there was debris on his roof that required removal. The landlord arranged for a contractor to attend, and the roof debris was cleared on 17 July 2023. This was 32 calendar days after the repair was reported. However, this delay was due to waiting for scaffolding to be erected, and the resident was kept informed about the appointment.
  2. Following the debris being cleared it was discovered that there were some issues with the roof. The landlord contacted the resident on 21 July 2023 and advised that the roof needed to be replaced. This job was raised and added to the landlord’s roof renewal programme. The works to replace the roof were completed on 18 August 2023. The landlord’s actions were reasonable, and the job was completed within the 60-calendar day timescale for completing programmed or complex repairs. Taking all the circumstances into account there was no maladministration in the landlord’s handling of this repair.

Replace an outside light at the property.

  1. After the visit on 2 June 2023 by the landlord, repairs were arranged for the outside lights at the resident’s property. An operative attended on 21 June 2023, corrected an electrical fault and replaced 2 external lights. This repair was completed within the 20-calendar day timescale set out in the landlord’s repairs policy. Therefore, there was no maladministration in the landlord’s handling of this repair.

Install a back gate.

  1. As part of his formal complaint the resident requested that gate be installed at the back of his property to enable easier access to the main road. As this was an adaptation, the landlord advised it would hold an internal meeting relating to several of the issues raised including the back gate. This meeting took place on 6 July 2023 and on 21 July 2023 it was confirmed to the resident that the landlord would install a back gate. This decision making process by the landlord was reasonable, it was completed in a timely manner and the resident was kept up to date throughout this process.
  2. An order was raised on 21 July 2023 to install the gate with a contractor. However, the resident called the landlord on 1 August 2023 to tell them that the contractor was not aware of the full works taking place, and that that they had no immediate capacity to complete the job. The landlord discovered that the repair was originally raised as a ‘responsive repair’ type instead of a ‘cyclical work’. The original job was cancelled, and a new order was raised on 7 August 2023 and the work was completed on 18 August 2023.
  3. While it took the resident to contact the landlord for them to identify the error in raising the job, this was swiftly corrected, and the work was completed within its 60-calendar day timescale for completing programmed or complex repairs. The landlord’s actions after receiving the resident’s request for a back gate were prompt, effective and in line with its policy. Therefore, there was no maladministration for this complaint.

Maintenance of the alleyway.

  1. As part of his formal complaint the resident raised concerns that the alleyway directly behind his property was not being maintained by the landlord. He asked the landlord to investigate and confirm who was responsible for this. The landlord’s investigation was thorough. It’s actions included contacting the Land Registry relating to the transfer of ownership of the land, confirming its interpretation of the deeds with a solicitor and discussing internally with senior managers its stance on the matter. These steps were reasonable and showed the landlord took the responsibility to find out who was responsible for maintenance seriously.
  2. On 11 August 2023 the landlord confirmed in writing to the resident that it was not responsible for maintenance of the alleyway and that he should liaise with the Local Authority about this. The landlord’s actions for this complaint were reasonable. It investigated the resident’s question fully and provided a response within an appropriate amount of time. Therefore, there was no maladministration for this complaint.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was no maladministration in the landlord’s handling of the resident’s request to:
    1. Unblock drain and gutters.
    2. Maintain and clean the roof.
    3. Replace an outside light at the property.
    4. Install a back gate.
    5. Maintain an alleyway directly behind his property.