One Vision Housing Limited (202218097)

REPORT

COMPLAINT 202218097

One Vision Housing Limited

20 July 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 is about the landlord’s response to a request to relocate light switches.

Background

2. The resident is a tenant of the landlord, a housing association. The property is a two-bedroom house and the tenancy commenced in June 2019. The resident advised he has learning difficulties and young children reside in the property.
3. On 6 September 2022, the resident rang the landlord to explain that the door into the living room opened onto the wall with the light switch, covering it such that he has to walk into the room and close the door in order to turn on the light. The resident wanted the light switch moved to the other side of the door frame. The landlord responded that it could not change the switch but it could move the door’s hinges to the other side of the frame so the door did not open onto the switch.
4. The landlord then sought advice from its surveyor who advised not to move the light switch but to rehang the door. The landlord rang the resident on 8 September 2022 to explain this but the resident was not happy as he believed it would take up space and expressed concerns about health and safety. On hearing this, the resident made a complaint about the position of the living room light switch and also one of the bedrooms which had the same issue.
5. The landlord issued its stage one response on 26 September 2022. It did not uphold his complaint as it said it was not feasible to relocate the light switches because it would require extensive work to rewire switches to a new location. The landlord reiterated its offer to rehang the doors and said this would be considered if the resident wished.
6. On 19 October 2022, the resident escalated his complaint as he remained unhappy with the landlord’s decision. The resident described the current way to switch on each light involved him walking into a dark room which he felt posed health and safety risks. The resident also felt he would lose too much living space if the doors were rehung. The landlord acknowledged the escalation the same day.
7. On 2 November 2022, its surveyor attended the property and carried out an inspection. The surveyor stated the work could be done but would require existing switches to be blanked off and the wiring via trunking extended to the other side of the frame. The surveyor’s view was that work to relocate switches was unnecessary and it would be easier to rehang the door.
8. The landlord provided its stage two (final) response on 3 November 2022. In summary it reiterated its stance in its stage one response. It again offered the alternative option of rehanging doors and said this would resolve the issue as the resident could then access the light switch when entering the living room. It noted that although the doors open into the living space, no space is lost if the door is closed. It added that it would be willing to reconsider its decision if the resident could provide evidence from a doctor or occupational therapist (OT) stating that the light switches have to be relocated for medical reasons.
9. The resident referred his complaint to this Service on 14 November 2022. As a resolution to his complaint, the resident is seeking that the landlord reposition the light switches in the living room, bathroom and a bedroom.

Assessment and findings

Scope of investigation

10. The Ombudsman notes the resident’s comments that as part of his complaint he raised concerns about fire safety if the doors were rehung. The landlord has informed that the resident did not initially present these concerns in the complaint and, whilst it looked into rehanging the doors as a health and safety aspect, it did not do so from a fire safety aspect. From the evidence the Ombudsman has seen, the complaint raised does not appear to mention fire safety concerns. Under paragraph 42 (a) of the Scheme, the Ombudsman may not consider complaints which are made prior to having exhausted the landlord’s complaints procedure. As such, this report will primarily focus on the landlord’s response to the request to relocate the switches and whether it treated the resident fairly.

The landlord’s response to a request to relocate light switches

11. Landlords are legally required to keep the electrical installations – the wiring, the plug sockets, the consumer units, the light fittings – in the property safe and in proper working order. There is no evidence to suggest the lights and light switches are not functional nor safe and this appears not to be disputed by both parties.
12. The landlord has an obligation to ascertain the resident’s concerns, decide on its approach and respond within a reasonable timescale. On receiving the resident’s request, the landlord sought to offer assistance, contacted its surveyor for their initial thoughts and made arrangements for the surveyor to inspect the property, all of which it did within a reasonable timeframe. The Ombudsman considers this was good practice.
13. The landlord also has an obligation under the tenancy agreement to keep the electrical installation in good working order and this repairing obligation does not extended to relocating the light switches. The Ombudsman considers that the landlord had no legal obligation to carry out the requested works. Further, this Service does not consider that the position of the light switches has adversely impacted the resident’s use of the living room, bathroom and a bedroom. It is not reasonable for the landlord to carry out work that it is not obliged to do, particularly where the works that would be required are extensive, in this case requiring multiple rewiring and making good.
14. The landlord advised that it was likely the doors were initially put in the wrong way as generally properties would be designed such that doors open away from light switches. This Service considers that its offer to rehang the doors provided a practical solution to the concerns initially raised by the resident in that it would make it easier for the resident to access the light switches.
15. The Ombudsman has given due consideration to the resident’s statements that, if the doors were rehung, it would be a potential health and safety issue. The Ombudsman would reasonably expect the landlord to conduct a risk assessment prior to rehanging. The Service notes the landlord advised there would be no health and safety risk if the doors were closed when the resident was in the room and there is nothing to suggest that this would be the case.
16. From the date of the reported issue in September 2022 to its final response in November 2022 was a timeframe of less than three months. It is noted that while the resident did not achieve the outcome he desired, the landlord offered support and assistance to the resident by offering to rehang the doors. In its final response, it said this offer was still available if the resident wished to consider it.
17. It was appropriate for the landlord to explain that it was willing to reconsider its decision if it received medical evidence from a doctor or OT stating that the light switches needed to be moved for medical reasons given that the landlord may have an obligation to carry out such works in these circumstances. No evidence has been provided to show that the landlord has received this medical evidence and hence needed to reconsider its decision on the matter .
18. The Ombudsman considers that the approach taken by the landlord was satisfactory and that there is no evidence to suggest that the resident has been treated unfavourably. The Ombudsman does not underestimate the inconvenience and frustration experienced by the resident with regard to the position of the switches; however, there is nothing in the tenancy agreement or the landlord’s repairs guidance to suggest that the landlord is responsible for relocating the light switches upon the resident’s request.

Determination

19. In accordance with paragraph 52 of the Scheme, there was no maladministration in the landlord’s response to a request to relocate light switches.

Recommendation

20. Within four weeks of the date of this report, the landlord should reiterate its offer to rehang the doors as an alternative solution to relocating the switches.