Haringey London Borough Council (202126874)

REPORT

COMPLAINT 202126874

Haringey London Borough Council

25 May 2023

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:
1. response to the resident’s reports about repair issues, including:
  1. the roof;
  2. the window frames;
  3. the window panes;
2. complaints handling.

Background and summary of events

Background

The resident has been a secure tenant at the property of the landlord since 1997. The landlord is a local authority.
The resident lives at the property with her two children, who both have disabilities and require care from the resident. The landlord is aware of these vulnerabilities.
The landlord’s repair handbook notes that it is responsible for repairs to the roof of the property. Roof leaks or issues with tiling or extractor fans will be attended to within 28 days. Issues that cause a person or property to be at risk will be attended to within 24 hours. Regarding leaks, the landlord’s policy notes that “we understand how stressful this is, so now we are being much firmer on this.” It also notes that the landlord will keep a resident informed throughout the repairs procedure.
The landlord operates a two-stage complaints policy.

Summary of events

It is evident that the resident has reported issues with leaks and with the windows in her property since at least 2020. The landlord attempted repairs to the roof prior to the period of the complaint, but leaks have returned.
On 29 November 2021, the resident reported to the landlord that repairs to the roof, the window frames, and the window panes remained outstanding. She also reported that the leaks had caused a damp smell in the property, which made her children feel unwell.
The landlord treated this report as a formal complaint. It provided a formal response on 13 December 2021, which included the following:
1. Regarding the windows, the landlord advised that they were due to be replaced in its programme of planned works in 2022/2023. Until this time, it would not replace the window frames but would continue to carry out repairs.
2. Regarding the roof, it noted that some repairs had been completed in October 2021 but that it had raised works for a new inspection on 31 January 2022. It explained that it was unable to complete the inspection sooner due to the availability of its roofers.
The landlord provided an update to its formal response on 22 December 2021, which included the following:
1. It noted that the window panes required replacement, which it had arranged for 25 January 2022. It again noted that this was the earliest it could do due to the availability of its contractors.
2. It noted its surveyor had indicated the window frames required replacement during an inspection on 22 September 2021. It reiterated that, as this was an improvement, it would be completed in its programme of planned works in 2022/2023.
On 24 December 2021, the resident requested an escalation of her complaint. She noted the landlord’s advice that the window frames would be replaced in the programme of planned works in 2022/2023, but queried if any repair works would be completed in the meantime. She also reiterated her concerns about the damp smell in the property and advised that the property was difficult to heat due to draughts caused by the damaged windows.
The landlord advised it would provide a stage two response by 14 January 2022; however, by 15 January 2022, no response was provided, and the resident chased an update.
The landlord provided an update on 17 January 2022; however, this was not a stage two response. It advised that the roofers would complete works to the guttering during the appointment on 31 January 2022, and would also inspect for any other works required. It also advised that it had referred the resident’s concerns about the present state of her window frames to its repairs team.
The landlord’s internal communications from this period show that it instructed its repairs team to consider whether any additional roof repairs were required. Around this time, the landlord’s surveyor noted the window frames were rotten.
On 9 March 2022, the resident chased an update regarding the roof and windows. She also noted that she had not received a stage two response.
The landlord provided its stage two response on 11 May 2022, which included the following:
1. It apologised for the delay and advised that this had been due to a backlog in complaints.
2. Regarding the roof, it noted that repairs had taken place on 21 January 2022, and that it had not received any further reports of leaks. It advised the resident to report any ongoing leaks to its repairs team.
3. It reiterated that the frames would be replaced in its programme for planned works.
4. It advised that works to replace the panels in her windows had been arranged for 19 May 2022 and apologised for the delays to these works.
5. It offered £119 compensation for the delay to these works and £50 for the resident’s time and trouble in chasing the works.
The resident subsequently expressed her concern about the landlord’s response, and it is evident she reported ongoing leaks. She also reiterated her concerns about the broken window frames causing draughts in the property.
The landlord’s internal communications show it considered the reports about the draughts from the window frames to be a new complaint. It therefore provided a stage one response on 24 May 2022, in relation to this concern. It noted a further survey of the windows had been completed on 20 May 2022, which identified works to the frames and panes. It had also reviewed the ventilation in the resident’s converted loft and concluded it was adequate. It advised that it had passed the surveyor’s recommendations re the windows to its repairs team for them to arrange any works.
Following the period of the complaint, the landlord has advised this service that it remains its intention to replace the window frames but that its programme of planned works has been pushed back to 2024/2025 in order to prioritise other urgent safety works.
The resident has informed this service that, to date, no further works to the roof or windows have been completed.

Assessment and findings

Scope of investigation

The Ombudsman notes that the resident raised concerns with the landlord about the calculation and obligation to pay bedroom tax. The landlord responded to this concern as part of its formal responses.
This service does not have expertise in the operation of tax obligations. The resolution of concerns of this nature is better suited to the courts. The resident has the option to seek legal advice if she wishes to pursue this concern.

Roof

As noted above, the landlord’s repairs policy states that roof repairs will be attended to within 28 days. The Ombudsman understands, however, that in practise, this timeframe may not be achievable if specialist equipment or personnel are required. In such circumstances, the Ombudsman expects a landlord to keep a resident reasonably informed of any delays. This is echoed in the landlord’s repairs policy.
Based on the evidence provided to this service, it is not clear when the reports that are the subject of the complaint were initially raised, although the evidence suggests some works to the roof were completed in October 2021. It is evident, however, that in November 2021, the resident raised concerns about ongoing leaks from the roof.
The landlord chose to provide an update by way of a stage one complaint response. This was reasonable, as it gave it the opportunity to carry out an in depth investigation as to why there were delays.
In its stage one response, the landlord appropriately acknowledged the resident’s concerns about ongoing issues and raised further works to the roof. It noted the date for these further works was outside of the timeframe for its repairs policy and explained this was due to the lack of availability of its appropriately qualified staff. Given that the leak, while distressing for the resident, did not present an urgent risk, this short delay was reasonable in the circumstances.
In her conversations with the landlord about the repairs, the landlord indicated the roof repairs would be aimed at repairing the guttering. It noted that the resident had a concern about the leak coming from elsewhere on the roof, and so it promised her that it would carry out an inspection of the whole roof and keep her informed of the outcome.
The landlord’s internal communications show that it instructed its repairs team to consider whether any additional roof repairs were required; however, it is not evident that any investigations were carried out, and no update was provided to the resident.
The resident subsequently requested an update, but in its stage two response, the landlord simply noted that she hadn’t made any further reports of leaks. This ignored the fact that it had previously raised her expectations that it would investigate the whole roof and provide her with an update. This would have been very frustrating for the resident, who had to expend further time and effort chasing updates. She also reported that the leaks were ongoing. Despite these reports, no further updates have been provided, and the landlord has not undertaken any further inspections or works to the roof.
In her complaint, the resident also raised concerns about a damp smell in the property that was causing distress to her children. The landlord did not address this concern in either of its formal responses. While it may have had a shortage of roofing contractors, the landlord could have carried out an inspection of the property in the meantime to identify and address any issues with damp. Given that the resident had also informed the landlord about the vulnerabilities in the household, the landlord’s failure to take any action on this point would have caused the resident and her children significant distress.
It is evident that the landlord assessed the ventilation of the converted loft at the property during its inspection in May 2022 and found the ventilation to be adequate. While this may be one element of an investigation into the resident’s reports about a damp smell at the property, it was not sufficient as it did not identify a cause of the smell; it only eliminated one possible cause. The resident continues to live with a damp smell, which the landlord has not addressed and which continues to impact the use of the property.
In summary, despite the landlord’s commitment to be “firmer” with its response regarding leaks and despite being aware of the vulnerabilities in the household, there were significant errors in its service delivery. The landlord’s failure to correctly investigate the roof and keep the resident informed, its ongoing failure to address the resident’s reports of leaks, and its failure to adequately investigate her reports of a resultant damp smell had a significant impact on the resident, and amount to severe maladministration in the circumstances.
While the landlord carried out some works in January 2022, from this point onwards, the landlord failed to either carry out an inspection or provide an update about the roof, despite further reports of leaks. The landlord has also failed to adequately investigate the reports of the damp smell for the same period. This delay has impacted the resident and her household’s enjoyment of their home. The resident’s rent is approximately £600 per month. Compensation of £1,440, being 15% of the rent for the 16-month period of delay, has been ordered to reflect the loss of amenity caused to the resident.
An order for a further £1,000 in compensation has also been made, being £500 for the landlord’s failure to investigate the roof and £500 for the landlord’s failure to investigate and respond to the reports of a damp smell.
Additionally, an inspection into the resident’s reports of ongoing leaks from the roof and the ongoing damp smell is to be completed within four weeks of the date of this determination. Following the inspection, the landlord must provide the resident with a formal communication outlining the findings of its inspection and any proposed works. The landlord is to provide a single point of contact for the resident regarding the inspections and any subsequent works, who is to take ownership over the completion of the repairs and provide regular updates until any works are complete.

Window frames

It is not disputed that the landlord is responsible for keeping the window frames in the property in good repair. Where an element of the property, such as a window frame, becomes worn and in need of renewal, the Ombudsman considers it reasonable to defer such non-urgent works until a planned programme of works. A resident should be kept informed of such an approach.
In this case, it is evident the windows were inspected in September 2021 and found to be in poor repair. The resident raised concerns about the state of the window frames in November 2021 and advised that she considered repairs necessary. At this time, she noted concerns that the current state of the window frames affected the insulation in the property.
In its stage one response, the landlord advised that following its inspection in September 2021, it had determined that the windows would be replaced in the programme of works for the 2022/2023 financial year. While it was appropriate to measure the resident’s expectations about when the window frames would be replaced, it is not evident why this information had not been given following the inspection.
The landlord also appropriately noted that it would continue to carry out any interim repairs as per its repair obligations. Given, however, that the resident’s complaint stated that she was experiencing issues with insulation and considered repairs to be outstanding, it was apparent that an investigation into possible interim repairs was necessary. The landlord failed to identify this or otherwise provide its position on whether interim works were necessary, despite having had a second opportunity to do so in its follow-up response later in December 2021. This led the resident to have to expend time and trouble chasing whether it intended to carry out any interim works.
Following her requests for an update, the landlord informed the resident that it had passed on her request to its repairs team. However, this team did not contact the resident about any repairs, and it is not evident that any member of the landlord took ownership over any of the repair issues reported by the resident. This led her to repeatedly chase further updates.
In its stage two response in May 2022, the landlord simply reiterated that the window frames would be replaced in the programme of planned works and did not make any reference to any interim repairs. This would have again been a source of considerable frustration for the resident.
When the resident made a further request for an update, the landlord chose to consider her concerns about draughts as a new complaint. This ignored the fact that she had raised this concern in her complaint in November 2021 and again in her complaint escalation. Given that it had essentially ignored this concern in its earlier complaint responses, it was a good opportunity to carry out a more in-depth investigation; however, this highlighted its poor investigation of the concern previously.
The landlord confirmed that its surveyor had identified works to the frames in May 2022 and that these had been passed on to its repairs team. However, the landlord once again failed to take ownership over the repairs or provide the resident with a repair reference or timeframe. These repairs remain outstanding. The landlord has also informed this service that the planned programme of works has been deferred to 2024/2025; however, it is not evident that the resident has been informed of this delay.
In summary, detriment was caused to the resident by the landlord’s initial delay in informing her it would replace the windows as part of its programme of planned works. While this approach was reasonable, it failed to provide her with its position on whether interim repairs would be considered, despite multiple requests from the update and despite her concerns about how draughts, which she attributed to the frames, were impacting her enjoyment of her home. Despite having raised concerns about draughts in November 2021, the landlord failed to consider this in either of its formal complaint responses, resulting in a third formal response being necessary in order to investigate it. While this investigation concluded repairs were necessary, and the landlord then promised to carry out the repairs, to date, no repairs have been carried out.
The above failings would have caused considerable distress and inconvenience to the resident and amount to severe maladministration in the circumstances. Given that the resident requested interim repairs to her window frames in November 2021, the Ombudsman considers that the landlord’s response and subsequent works have been outstanding since December 2021, approximately 18 months. Compensation of £540, being 5% of the rent for this period, has been ordered for the loss of amenity caused to the resident. Further compensation has been ordered below to represent the resident’s time and trouble in chasing all of the complaints and the impact of the landlord’s poor communication.
Additionally, an order has been made for the landlord to complete the recommended repairs to the resident’s window frames within four weeks of this determination report. Given that the landlord’s surveyor concluded the window frames were rotten as of 2022, the landlord is also to reconsider whether the frames are still acceptable given that the programme of planned work has been delayed by two years from the date it initially informed the resident.

Window panes

It is not disputed that the landlord is responsible for completing repairs to the window panes. The windows in the property are designed so that the panes can be replaced independently of the frames. It is evident that the landlord was made aware that the window panes required replacement during its inspection in September 2021. The resident noted that these works were delayed in November 2021.
In its stage one response, the landlord initially missed the opportunity to address repairs to the window panes. Instead, it only provided its position on the window frames. It appropriately provided a further response, however, which noted that the panes required replacement and that it had arranged works for January 2022. As with the roof discussed above, the landlord also appropriately explained why these works would take additional time, i.e. due to the availability of appropriately qualified staff. The landlord did not, however, explain why there had been a delay since it initially identified the works some months earlier or apologise for this delay.
It is not disputed that these repairs never happened, and remained outstanding as of May 2022, despite multiple requests for updates from the resident. The landlord appropriately acknowledged this delay, for which it apologised. It also recognised that the resident had expended time and trouble chasing the repairs and offered compensation of £169 in recognition of this.
Had the landlord then completed the repairs as promised, its apology and offer of compensation may have amounted to reasonable redress. However, following an inspection by its surveyor, which identified further works to the panes, it is not evident that any works to replace the panes has been completed. As with the above outstanding repair issues, it is likely this has contributed to the ongoing draughts and discomfort experienced by the resident and her household.
The above failures amount to maladministration by the landlord, for which compensation is appropriate. The Ombudsman considers these works to have been outstanding for the same period as the repairs to the window frames, and so a further £540, being 5% of the rent for this period, has been ordered to reflect the loss of amenity caused to the resident.
Additionally, an order has been made for the landlord to complete the recommended repairs to the resident’s window panes within four weeks of this determination report.

Complaints handling

The landlord’s stage one response and subsequent stage one update were provided within a reasonable time following the resident’s initial complaint.
Following the resident’s request for her complaint to be escalated, the landlord advised it would provide a stage two response by 14 January 2022. It missed this deadline, causing the resident to expend time and effort chasing updates on multiple occasions.
While the landlord did provide an update regarding the repairs on 17 January 2022, this was not a formal response. Its stage two response did not come until 11 May 2022, some four months after it was due.
The landlord explained that this delay had been due to a backlog of complaints. While the Ombudsman understands that formal complaint responses can be delayed, the Ombudsman expects a high level of communication to explain such a delay and provide a new indicative timeframe for the response. The landlord did not notify the resident of the delay, which caused her to expend further time and effort chasing it.
As noted above, the landlord’s stage one and stage two responses failed to address the resident’s concerns about draughts, which unreasonably delayed any possible solution to this issue and led to it having to provide a further formal response.
These failures to adhere to the timeframes in its policy and failure to communicate about any delays to its response caused distress and inconvenience to the resident and amount to maladministration in the circumstances.
An amount of £200 in compensation has been ordered to reflect the impact caused to the resident, being £50 for each month the stage two response was delayed. The Ombudsman notes that considerable time and trouble was caused to the resident in having to chase up responses from the landlord, and so a further £500 compensation has been ordered in recognition of this and the landlord’s poor communication.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was severe maladministration by the landlord in respect of the complaints regarding its response to the resident’s reports about repair issues, including:
1. the roof;
2. the window frames.
In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration by the landlord in respect of the complaints regarding its:
1. response to the resident’s reports about the window panes;
2. complaints handling.

Orders

The Ombudsman orders the landlord to pay compensation of £4,220 to reflect the loss of amenity, and distress and inconvenience caused to the resident, as set out above.
This replaces the landlord’s previous offer of £169. This amount must be paid within four weeks of the date of this determination.
Within four weeks of the date of this determination:
1. The landlord is to provide the resident with a single point of contact who will take ownership of any outstanding investigations and repairs until the completion these works. This point of contact is also to provide the resident with weekly updates as to the progress of these works.
2. The landlord is to arrange an inspection into:
  1. the resident’s reports of ongoing leaks from the roof;
  2. the ongoing damp smell in the property.
3. Following its inspections, the landlord is to provide the resident with a formal communication outlining the findings of its inspection and any proposed works.
4. The landlord is to complete the repairs recommended by its surveyor to the resident’s window frames and window panes.
5. The landlord is to provide the resident with a formal communication outlining its current position on whether the window frames are still acceptable given that the programme of planned works has been delayed by two years from the date it initially informed the resident.