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Sanctuary Housing Association (202016131)

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REPORT

COMPLAINT 202016131

Sanctuary Housing Association

20 May 2021


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The resident complained about the landlord’s response to reports about the condition of the windows.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The resident had reported concerns about the condition of the windows to the property – in particular, that they were draughty. They were unhappy with the response that they had received from the landlord, and made a formal complaint.
  2. The landlord issued its final response to the resident’s complaint on 12 March 2021 and said:
    1. It was aware that despite accepting the compensation it offered at stage one, the resident did not consider the issue with the windows resolved, and it took no further action on this.
    2. Following an inspection of the windows in October 2020, the maintenance surveyor noted that the windows were in a good condition with no damage to the frames, hinges or seals on the window units.
    3. During the inspection it was noted that the surveyor did not witness any draught through the windows. However, a crack in the mortar had been identified and was later repaired.
    4. Between January 2018 and October 2019, it attended on several occasions, resealed the windows and replaced vents.
    5. It concluded that it was satisfied that it had considered all the relevant information and said the windows were functioning as expected and it did not believe any further visits were necessary.
  3. The resident referred their complaint to this Service as they remained unhappy with the outcome of their complaint. They said:
    1. The landlord did not review the video evidence they submitted of the draughts.
    2. The landlord did not contact them during the stage two complaint investigation.
    3. The issue of draught remained, despite repairs completed by the landlord.

The resident said that to resolve their complaint, they wanted the landlord to refurbish their windows.

  1. This Service contacted the landlord on 30 April 2021 and confirmed the issues the resident said were outstanding from their complaint, and the outcome they sought.
  2. On 5 May 2021, the landlord agreed to take part in our mediation process. It put forward an alternative resolution and offered to arrange for a Senior Regional Asset Manager and a Senior Surveyor to visit the property and thoroughly inspect and assess the windows. It said that during this visit, it would give the resident an opportunity to demonstrate their concerns about the draughts and present any evidence that they believe it had not fully considered previously. The landlord asked that when discussing the proposal with the resident, we could ask them to confirm convenient dates that they could accommodate the visit.
  3. We contacted the resident to discuss the landlord’s proposal and they confirmed that they considered the landlord’s proposal a satisfactory resolution to their complaint. We discussed with the resident that the outcome of the inspection was dependent on the landlord’s findings and it could not be guaranteed that the windows would be replaced. The resident confirmed they understood. They explained that they wanted the landlord to confirm its decision regarding the windows following the inspection. The resident also provided the dates of their availability for the inspection to take place.
  4. We wrote to the landlord and confirmed that the resident deemed its proposal a satisfactory resolution to their complaint. We also informed it of the dates the resident said were convenient for the inspection to take place.
  5. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”
  6. The Ombudsman is therefore satisfied that following the intervention of this Service, the landlord has now proposed actions to remedy the matters raised which would resolve the complaint satisfactorily.

Recommendations

  1. If the landlord has not already done so, it should confirm a date from those provided, for the inspection to go ahead and confirm this appointment with the resident. 
  2. Once the inspection has been completed, the landlord should write to the resident within 10 working days, with a copy to this Service, confirming the outcome of the inspection including what, if any, works it would arrange to the windows.