Citizen Housing (202210658)

REPORT

COMPLAINT 202210658

Citizen Housing

24 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

1. The complaint concerns:
   1. How the landlord handled repairs to the heating system when the resident moved into the property.
   2. The landlord’s decision to decline the resident’s requests to repair a fence and remove a tree stump from the property’s gardens.
   3. The associated formal complaint into these matters.

Background

2. The resident is an assured tenant of the landlord, which is a housing association. The property is a house. The resident took on the tenancy of the property on 1 November 2021. However, the resident did not move into the property until 6 December 2021 due to several outstanding repairs.
3. The landlord’s records and repair logs state that it was informed by the resident on 6 December 2021 that the heating was not working as the new boiler fitted by the landlord had yet to be wired up. The landlord informed the resident that there was still work ongoing when she moved in and that this was completed on 9 December 2021.
4. The resident contacted the landlord on 10 December 2021 to raise a formal complaint. She described the elements of her complaint as:
   1. She had been charged rent for the property from 1 November 2021, despite not moving in until 6 December 2021.
   2. When she moved in on 6 December 2021 there were still several outstanding repairs in the property. This included the new boiler, which had not been wired up.
   3. During the void period, the landlord cut back a shrub in the front garden of the property but left the stump. The resident stated that this was a health and safety risk and requested that the stump be removed.
   4. The dividing fence in the back garden was damaged and at least one of the posts was rotten. The resident explained that she was unable to gain access to the back garden during her viewing of the property and requested that the landlord repair the fence.
5. In its complaint responses, the landlord:
   1. Confirmed that it had arranged for the rent charged for the period from 1 November 2021 to 5 December 2021 to be refunded and would also arrange to have the starting date on the tenancy agreement changed to 6 December 2021.
   2. Explained that a new boiler was fitted in the property while it was vacant on 19 October 2021, but as the gas had been capped it was not able to be tested until the resident moved in and the gas turned on. The gas was turned on and gas appliances tested on 6 December 2021. The resident informed the landlord that the boiler controls were not working. An appointment was agreed for 8 December 2021 where the issue was resolved and the landlord also fitted the resident’s gas cooker as a goodwill gesture.
   3. Noted that it had cut back the shrub in the front garden as a goodwill gesture to allow more light into the property, but that any further work to the shrub such as removing the stump would be the resident’s responsibility.
   4. Informed the resident that, in line with the tenancy agreement, the landlord is responsible for the replacement of the first fence panel (“The privacy panel”) and that tenants are responsible for replacement of the other fence panels and posts. It further informed the resident that during the void period it replaced the privacy panel and three other fence panels.
6. In referring the case to this Service, the resident described the outstanding issues of the complaint as checks to the boiler should have been carried out prior to her moving in on 6 December 2021, and that she disputed the landlord’s position that it was not its responsibility to repair the fence and remove the shrub stump.

Assessment and findings

Relevant policies and procedures

7. Section B of the tenancy agreement relates to repair responsibilities. Section B1 states the landlord is responsible for “the structure and exterior of your home; all installations for water, gas, electricity, space and water heating that we are responsible for”. Section B6 states that the tenant is responsible for minor repairs and replacements in the property.
8. Section C of the tenancy agreement sets out the resident’s responsibilities. Section C13 relates to gardens, driveways and paths. This, in part, states as follows:
   1. “You must keep any garden, drive or pathway that forms part of the property well maintained and in a good condition. You must ensure that any trees and hedges:
      1. are maintained to a reasonable height and condition, which is usually two metres;
      2. do not obstruct any windows, doors or footpaths;
      3. do not cause damage to any other property in the local area; and
      4. do not grow to interfere with the passage of light, wind and air to any energy efficiency system.
   2. [You must] maintain any fencing that you are responsible for between yours and your neighbours’ garden(s).”
9. The landlord’s Housing Relet Standard document sets out the standards a property has to meet before it will be let out to a new tenant. The document notes that “all repairs to make the home safe, secure, clean and in lettable condition will be carried out before the new tenant moves in. Sometimes, we will need to carry out repairs after they have moved into the property, which will be arranged with the tenant. These may include the removal of any security boarding and reglazing, the testing and explanation of any gas heating system and some replacement works such as kitchens or bathrooms”.
10. In regard to gas and electric services, the standard states that “the heating system will be functional and working properly. All gas supplies will be capped. Any repairs to the gas installation will either be completed whilst void, or post letting if there are concerns about theft or vandalism of the system”.
11. In regard to external areas, the standard states that “dividing fencing is the responsibility of tenants however, we will repair/provide a single 1.8m x1.8m privacy panel. Garden fencing, walls and boundaries, owned by [the landlord], will be in safe condition and in good repair. Where the boundary is not clearly defined for new customers, we will ensure that the boundary is clear by providing post and wire along the dividing boundary”.
12. The landlord’s repairs policy categorises its repair types as emergency and appointed. The landlord defines an emergency repair as “an immediate health and safety risk to you or the structure of your home has been damaged”.  The landlord states that it aims to make safe an emergency repair within 24 hours and complete repairs within 12 days. The repairs policy does not give timescales for appointed repairs, but its website gives information on how long a tenant would expect to wait for work to be completed. For the area the resident is living in, at the time that the report was written, the website stated that the expected waiting time was four to six weeks. The website explained that the waiting times for appointed repairs were a result of a backlog of non-emergency repairs caused by the national lockdowns during the Covid-19 pandemic.
13. The landlord operates a two-stage complaints process. When a complaint is received, the landlord aims to provide a response at stage one within ten working days. If the complainant is dissatisfied with the response, they can request an escalation of the complaint to the next stage. The landlord will then undertake a review of the complaint and provide a stage two response within 20 working days. This will be the landlord’s final response to the complaint.

Scope of investigation

14. The resident sent emails to this Service on 7 February 2023, then on 10 and 11 April 2023 describing several issues that she wanted the Ombudsman to investigate as part of this report. These were:
    1. Additional issues with the boiler and heating system discovered during the annual gas safety check undertaken on 7 October 2022.
    2. The condition of a ceiling fan.
    3. The condition of the shower tray.
    4. Issues relating to the sewer pipe in the garden attracting pests.
15. These issues were not raised as part of the resident’s complaint and were not referred to by the landlord in its formal complaint responses. Before a matter can be considered by this Service, the landlord needs to be provided with the opportunity to investigate and respond. The resident will need to contact the Landlord and, if appropriate, raise a separate complaint regarding these matters. This is in line with paragraph 42(a) of the Housing Ombudsman Scheme, which states that the Ombudsman can only consider complaints that have exhausted a member’s complaint procedure.
16. The resident also described issues that a neighbour was experiencing with the landlord. The resident explained that the issues the neighbour experienced were similar to those she had raised in her complaint and requested that this information be added to her case.
17. Paragraph 42(j) of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, concern matters raised by a complainant on behalf of another without their authority. Therefore, as the neighbour was not party to the resident’s complaint raised on 10 December 2021, it is not within the Service’s remit to consider the neighbour’s issues as part of this report.

How the landlord handled repairs to the heating system when the resident moved into the property.

18. The landlord had a duty to resolve any issues with the heating system in line with its obligations set out in the tenancy agreement and its published policies and procedures. A gas installation survey undertaken on 15 October 2021, while the property was vacant, recommended that a new boiler was required. A work order was raised on the same day and the boiler was fitted on 19 October 2021. The gas supply to property was capped during this period, in line with the landlord’s Housing Relet Standard. Until a new tenant takes possession, there is no live gas account with a utility supplier, therefore for health and safety reasons it is appropriate for the landlord to shut off the gas supply during this period.
19. The vacant property handover documents, dated 29 October 2021, informed the resident that “to reinstate the gas supply to the property you will need to set up the electric and gas accounts with your supplier and your meters need to be in credit if they are pre-payment. Please call us to arrange for the gas supply to be reinstated and a gas safety inspection”. This was arranged for 6 December 2021, where it was discovered that the central heating was not working. A work order was raised on the same day and the landlord stated in its complaint responses that the heating was repaired on 8 December 2021. The notes in the work order state that the repair was fully completed on 13 December 2021. A gas safety certificate was issued on 9 December 2021.
20. Therefore, there is no evidence of service failure by the landlord in how it handled this issue. While it was understandably frustrating for the resident to be without heating for the first two days of her tenancy, the landlord would not have been aware of any issues with the heating system until the gas supply was reinstated. When it was made aware of the issue, it arranged an appointment in a timely manner. The issue with the heating would not be considered an emergency, but it was appropriate for the landlord to consider the issue urgent and arrange an appointment as soon as possible.
21. When a property is without heating, particularly during the winter months, a landlord is expected to offer the household temporary heating. From the correspondence and call logs provided, there is no evidence that the resident requested temporary heating or that it was offered by the landlord. Therefore, it is recommended that the landlord review its procedures to ensure that residents are offered temporary heating when required.
22. As previously stated, it is not within the remit of this Service to consider the further issues experienced by the resident with the property’s heating from October 2022 onwards.

The landlord’s decision to decline the resident’s requests to repair a fence and remove a tree stump from the property’s gardens.

23. The tenancy agreement clearly sets out the responsibilities for the property’s gardens and fencing. This states that the upkeep of trees and shrubs, and the maintenance of dividing fences are the responsibility of the resident.
24. The ‘void spec’ report, dated 14 October 2021, recommended work to “renew 2x timber posts and resecure fence right hand side”. In its complaint responses, the landlord informed the resident that it had replaced the privacy panel, in line with its responsibilities, and replaced a further three fence panels.
25. Photographs of the shrub in the front garden, taken while the property was vacant, showed that it was clearly overgrown and blocking light to both stories of the property. While it would have been the previous tenant’s responsibility to maintain the shrub, it was reasonable for the landlord to cut back the shrub as it would not have been appropriate for the resident to be handed over the property with the overgrown shrub still in place.
26. However, any further work to either the fencing or the shrub would become the resident’s responsibility once she had moved into the property. The landlord was under no obligation to agree to any further work and this position is in line with the relevant sections of the tenant agreement detailed above signed by the resident. Therefore, there is no evidence of service failure by the landlord as it has correctly set out it’s and the resident’s responsibilities for the shrub and the fence in its complaint responses.

The landlord’s complaint handling

27. The landlord did not follow its complaints policy at stage one of the complaint process. The resident raised a complaint on 10 December 2021 and then received a stage one complaint response on 25 January 2022, 20 working days outside of the landlord’s published target of ten working days.
28. Internal landlord emails sent on 24 January 2022 noted that the response had been written, but not sent to the resident. The landlord was unable to determine why the complaint response had not been sent out.
29. Therefore, there has been service failure by the landlord in its complaint handling and in order to fully resolve this aspect of the complaint, compensation is warranted.
30. The Ombudsman’s own remedies guidance (which is available on our website) recommends a payment of £50 to £100 in cases of service failure of a short duration that may not have significantly affected the overall outcome. This includes distress and inconvenience, time and trouble, disappointment, loss of confidence, and delays in getting matters resolved. Therefore, it would be appropriate for the landlord to pay £75 compensation to recognise the 20 working day delay in providing the stage one complaint response and the inconvenience that this caused the resident.
31. It is also recommended that the landlord review its complaint handling procedures to ensure it is correctly sending out complaint responses once they have been written within its published timescales.

Determination

32. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of:
    1. How it handled repairs to the heating system when the resident moved into the property.
    2. It’s decision to decline the resident’s requests to repair a fence and remove a tree stump from the property’s gardens.
33. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of its complaint handling. 

Orders

34. For the service failure in its complaint handling, the landlord is ordered to pay to the resident £75. This payment should be made within four weeks of the date of this report. The landlord should update this Service when payment has been made.
35. It is the Ombudsman’s position that compensation awarded by this Service should be treated separately from any financial arrangements between the landlord and resident and should not be offset against any arrears.

Recommendations

36. It is recommended that the landlord:
    1. Review its procedures to ensure that residents are offered temporary heating when required, particularly during winter months.
    2. Review its complaint handling procedures to ensure it is correctly sending out complaint responses once they have been written within its published timescales.