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Peabody Trust (202016383)

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REPORT

COMPLAINT 202016383

Peabody Trust

16 September 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 complaint is about:
    1. The landlord’s handling of the resident’s reports of a leak, damp smell, blocked kitchen sink and the related repairs.
    2. The landlord’s handling of the resident’s request to be reimbursed for tiling works.

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. On 4 June 2021, the landlord issued its final response to the resident’s complaint and said that:.
    1. With regards to the resident’s reports of repair to her bathroom, including the repairs to the waste pipe, the landlord agreed that the appointments did not go as planned but that the reasons why the resident thought that happened and that of the contractor differ. The landlord acknowledged that the resident was not happy with the attitude of the contractors but also noted that its contractor had noted difficulties contacting the resident to make appointments, that the resident refused work and that she was rude to them to the extent that they refused to attend her home.
    2. With regards to the repairs to the kitchen skirting boards and the wall, the landlord said that it had agreed to do the repairs but the resident had refused the work because she wanted the leak to be resolved first.
    3. The landlord acknowledged that the matter had taken a considerable time to resolve, and then significant progress was only made when it was dealt with through its complaints process.
    4. The landlord apologised to the resident for the service she had received and the time and trouble she had taken in pursuing this, acknowledging that the work could have been better co-ordinated.
    5. The landlord confirmed that the £400 it had offered at stage one, which the resident had already accepted, was the maximum allowable under its compensation policy.
    6. With regards to the resident request for reimbursement for the costs of the works. The landlord said that it understood the reason why the resident had lost trust in its contractor and so decided to get her own contractor to do the tiling. However its compensation policy states that it does not pay a resident if they get works done privately, unless they have received the landlord’s prior approval.
  2. On 15 July 2021, having bought her complaint to this Service, the resident agreed to engage in the mediation process and said that to resolve her complaint, she wanted the landlord to:
    1. Reimburse her for the cost of tiling works.
    2. Replace the waste pipe in her bathroom.
    3. Increase the offer of compensation in recognition of the delay and distress she experienced.
  3. On 23 August 2021, having agreed to engage with the mediation process, the landlord asked that the resident provide pictures of the u-bend under the sink and proof of the costs of the tiling works she had carried out. The landlord said it could then compare the cost its contractors would charge for the tiles and the area covered and see if an agreement could be reached. The landlord said that it would not be prepared to increase the compensation it had offered.
  4. We advised the resident of the landlord’s response on 27 August 2021 and asked that she provide the evidence requested by the landlord.
  5. On 2 September 2021, the resident forwarded a copy of a receipt for the £197.44 she had spent on the tiles and confirmed that she paid £300 for labour. The resident said that she had previously sent photos of the u-bend to the landlord and so was not prepared to do so again. The information provided by the resident was forwarded to the landlord on 8 September 2021.
  6. The landlord responded to the Service on 10 September 2021, and agreed to:
    1. Reimburse the resident £497.44 for the cost of the tiling.
    2. Carry out an inspection of the u-bend underneath the bathroom sink to be inspected and to carry out any repairs as necessary.
  7. We called the resident on 14 September 2021 and relayed the landlord’s agreement. The resident confirmed that the landlord’s commitment was a satisfactory resolution to her complaint.
  8. 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’.”
  9. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendation

  1. That the landlord reimburse the resident £497.44 for the cost of the tiling within three weeks of the date of the report.
  2. That within three weeks of the date of this report the landlord is to arrange for the inspection of the u-bend in the resident’s bathroom.
  3. That within four weeks of this determination, the landlord is to confirm to this service what actions it has taken in respect of the above recommendations. The finding of reasonable redress being conditional upon the above recommendations being implemented.