Guinness Housing Association Limited (202221498)

REPORT

COMPLAINT 202221498

Guinness Housing Association Limited

10 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. The landlord’s decision not to replace the bathroom and the kitchen in the resident’s property.
   2. The associated formal complaint into this matter.

Background

2. The resident is an assured tenant of the landlord, which is a housing association. The property is a flat in a communal building.
3. In September 2022, the resident and landlord corresponded about the condition of the bathroom and kitchen in the resident’s property. The resident explained that she was frustrated that nearby properties were getting their kitchens and bathrooms renewed but her property was not. The landlord explained that this was a result of the resident installing her own kitchen and bathroom in 2013 and therefore the renewal date had changed. The landlord confirmed that the kitchen was due to be renewed in 2034 and the bathroom in 2044. The landlord visited the property on 14 September 2022 to inspect the current condition of the bathroom and kitchen and found no evidence that the kitchen or bathroom required to be replaced.
4. On 3 October 2022, a local councillor wrote to the landlord and on the resident’s behalf and requested to raise a complaint into the issue. The councillor described the elements of the complaint as:
   1. The resident had replaced the kitchen and bathroom in 2013 as the existing kitchen and bathroom were in a state of disrepair. She wrote to the landlord to request permission to do this, and the landlord gave its approval.
   2. The resident was not made aware at the time that this would mean the renewal dates would be reset. If she had been made aware, she would not have gone through with the replacement.
   3. The resident believed that it was not fair that less funding had been spent on her property by the landlord than other properties in the building.
5. The landlord opened a formal complaint and sent a stage one response to the resident on 18 October 2022, then a stage two complaint response on 11 November 2022. In its responses, the landlord:
   1. Described its planned maintenance programme, explaining that it is designed to keep its homes in good condition. It makes the decision to replace an item based on its age, type and condition.
   2. Further explained that when a tenant chooses to replace an item, the lifecycle will restart from the date of the installation. The landlord also informed the resident that she would also be responsible for repairs to the bathroom and kitchen.
   3. Described the relevant sections of the tenancy agreement and its repairs policy which supported its position.
   4. Stated that the resident should have been made aware of this policy when she requested permission to fit her own kitchen and bathroom in 2013. However, due to the length of time that had elapsed since those events, the landlord had limited information available and in line with its complaints policy it would not investigate the historical elements of the complaint.
   5. Noted that as part of the stage one investigation, the resident had booked a call back from the complaint handler. This call was made outside of its two working days target time. The landlord also noted that the stage one complaint response was sent two working days outside of its published timescale of ten working days. The landlord apologised for these delays and the inconvenience they caused. It then offered the resident £25 compensation.
6. Following the end of the complaints process, the resident called the landlord on 16 November 2022 and stated that as she had signed a new tenancy agreement in 2020, that the landlord should now be responsible for repairs to the kitchen and bathroom. The landlord investigated the matter and confirmed that as the resident had signed a new tenancy agreement that she could be considered as a new tenant from when it was signed. The landlord explained if this was requested that it would become responsible for all repairs, including the kitchen and bathroom, but that the resident would no longer be eligible for compensation for improvements for the costs in replacing the kitchen and bathroom in 2013 if she surrendered the tenancy. The landlord also noted that this change in repair responsibility would have no effect on the dates when it would renew the kitchen and bathroom.
7. In referring the case to this Service, the resident described the outstanding issues of the complaint as the landlord did not inform her in 2013, when she asked for permission to replace the kitchen and bathroom, that this would affect the renewal date. As a resolution to the complaint, the resident requested that the landlord agree to renew the kitchen and bathroom in the property.

Assessment and findings

Relevant policies and procedures

8. Section 3.6 of the tenancy agreement relates to improvements, alterations and additions. This informs the resident that:
   1. “If you want to improve, change or add to your home, you must first get our permission in writing. This includes, but is not limited to, putting up television aerials or satellite dishes, surveillance equipment (including CCTV cameras), external decoration, fitting laminate flooring and changing or adding to our fixtures and fittings or anything we have installed. You may also need to ask the local council for permission. We do not have to give permission but will not withhold it unreasonably. We may refuse permission for surveillance equipment (including CCTV cameras) unless you are able to demonstrate to us that you have a reasonable need to install this to prevent crime. You are responsible for improvements, alterations or additions made by you or those acting on your behalf.
   2. If we do give permission, you must carry out the work to a good standard and you must use the methods and materials that we write and tell you to use. If you do not do the work in this way, in particular to a good standard, then we can make you pay for the cost of the work to be done properly.”
9. The landlord’s planned programme maintenance procedure document defines planned maintenance as “work that requires to be carried out on an agreed cycle. This can be both substantial works carried out over a longer time frame. (e.g. work such as upgrading to door entry systems) Or the cyclical repair or upgrade of components of a property or scheme (e.g. gutters and downpipes)”. The document explains that the landlord will undertake a stock condition survey of components reaching the end of their lifecycle and/or require replacement. It will then arrange a schedule of work to replace the components highlighted by the survey.
10. 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.
11. Section 14 of the complaints policy sets out the circumstances where the landlord will not investigate an issue as a formal complaint. This includes when “the issue giving rise to the complaint occurred over six months before the complaint is made, unless there is a recurring issue or where complaints are related to safeguarding concerns, health and safety matters or where there are agreed to be exceptional circumstances (which will be considered on a case-by-case basis)”.
12. The landlord’s compensation policy states that it will offer financial redress “when we are at fault and an apology or other remedy alone is not sufficient”. The policy recommends a payment of up to £250 when “the issue was resolved within a reasonable time which resulted in minor inconvenience having some impact on the customer or the household”.

Scope of Investigation

13. As an element of the complaint, the resident has disputed the information given to her by the landlord when she requested permission to replace the kitchen and bathroom in the property in November 2013. The Ombudsman encourages residents to raise complaints with their landlords in a timely manner, so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and whilst the evidence is available to reach an informed conclusion on the events which occurred. As the substantive issues become historical it is increasingly difficult for either the landlord, or an independent body such as the Ombudsman, to conduct an effective review of the actions taken to address those issues.
14. This is in accordance with paragraph 42(c) of the Housing Ombudsman Scheme, which states that we will not consider complaints that were not brought to the attention of the landlord as a formal complaint within a reasonable period, which would normally be within six months of the matters arising. In view of the time periods involved in this case, taking into account the availability and reliability of evidence, this assessment does not consider any specific events prior to May 2022. The historical issues provide contextual background to the current complaint, but the assessment is focused on the landlord’s actions in responding to the more recent events and, specifically, to the formal complaint made in October 2022.

The landlord’s decision not to replace the bathroom and the kitchen in the resident’s property.

15. When the resident informed the landlord of her dissatisfaction that her kitchen and bathroom were not replaced at the same time as the other properties in the building, the landlord has a duty to respond to the issue in line with its obligations set out in the tenancy agreement and its published policies and procedures.
16. Overall, the landlord has acted appropriately. In response to the resident’s concerns, it explained that the renewal dates had been changed for the resident’s property following her installation of a new kitchen and bathroom. The landlord has provided photographs that were taken during the post work inspection of the resident’s kitchen and bathroom that recommend extending the lifespan of the kitchen by ten years and the lifespan of the bathroom by 20 years. It also provided a screenshot of the asset information section of the resident’s account which showed that the renewal dates had been changed to 2032 for the shower, 2034 for the kitchen and 2044 for the bathroom. As explained above, while the resident has disputed that she was given this information at the time of the installation of the items in 2013 and 2014, due to the time that has elapsed it was reasonable for the landlord not to investigate this element of the complaint further.
17. Therefore, there is no evidence of service failure in how the landlord responded to the matter. It has explained its polices as to how it handles the renewal of items when they have been replaced by a resident, and it correctly informed the resident of the updated renewal status of her kitchen and bathroom. The landlord also acted appropriately by arranging an inspection of the kitchen and bathroom when the resident first raised her concerns in September 2022. This inspection found the items to be fit for use and the landlord therefore was under no obligation to agree to renew the items.

The landlord’s complaint handling

18. In the stage two complaint response, the landlord recognised that there had been delays during stage one of the complaint process. It noted that a booked call back and the stage one complaint response were both completed two working days outside of their published timescales. The landlord apologised to the resident, offered £25 compensation and explained that it had asked the relevant team manager to pass feedback to their team to ensure they operate within the landlord’s published targets.
19. While the delays were minor in nature it was appropriate for the landlord to apologise to the resident for the inconvenience they caused, offer compensation and explain what it had learned from its mistakes. This position is also in line with the Ombudsman’s Dispute Resolution Principles of: be fair, put things right and learn from outcomes.
20. The £25 offer was calculated in line with the landlord’s compensation policy detailed above. In light of the four working days delay these issues caused, the landlord has made redress to the resident which, in the Ombudsman’s opinion, resolves this element of the complaint satisfactorily. The measures taken by the landlord to redress what went wrong were proportionate to the impact that its failures had on the resident.

Determination

21. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its decision not to replace the bathroom and the kitchen in the resident’s property.
22. In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, the landlord made an offer of redress to the resident in respect of its complaint handling which, in the Ombudsman’s opinion, satisfactorily resolves the complaint.

Recommendations

23. As the finding of reasonable redress was made based on the landlord’s offer of £25 compensation, it is recommended that this is now paid to the resident if the landlord has not done so already.