Notting Hill Genesis (NHG) (202125601)

REPORT

COMPLAINT 202125601

Notting Hill Genesis

19 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 is about the landlord’s:
   1. Handling of the resident’s reports of repeated faults with the communal entry door.
   2. Response to the resident’s request for a reduction in the communal door entry element of the service charge.
   3. Handling of the resident’s complaint.

Background

2. The resident is an assured tenant of the landlord. The property is a two-bedroom second floor flat in a purpose-built block.
3. On 1 March 2022 the resident had raised concerns about the frequent faults of the communal door entry system over the previous months. This Service has not assessed this complaint as the resident accepted a compensation offer from the landlord and the complaint did not exhaust the landlord’s complaint procedure. However, the amount of compensation offered by the landlord for the failings it identified has been considered.
4. On 10 July 2022 the resident raised concerns regarding the communal door entry which had again broken and requested a reduction in service charges for the period it was non-operational.  The landlord’s response on 28 July 2022 acknowledged its failures and offered compensation totalling £70.
5. The resident was dissatisfied with this response and escalated her complaint with this Service’s intervention. She also raised concerns about the landlord’s failure to escalate her previous complaint made in March 2022 when requested. The landlord’s response on 31 August 2022 partially upheld the complaint about delays in repairing the communal door. It also upheld the resident’s complaint that her request for her previous complaint to be escalated had been refused. It did not uphold the resident’s request for service charges reductions for the time the door entry was not operational.
6. As the resident was dissatisfied with the final response, she subsequently brought her complaint to this Service. The resident sought a permanent resolution to the repeated failures of the communal door entry system and an increase in the amount of compensation offered due to the time taken to resolve the matter and the stress and inconvenience caused.

Assessment and findings

The landlord’s handling of the resident’s reports of repeated faults with the communal entry door

7. On 1 March 2022 the resident raised concerns about the frequent faults of the communal door entry system over previous months. The landlord had acknowledged its failures and offered compensation for the unacceptable length of time taken to carry out a repair and the subsequent distress and inconvenience caused. A revised offer was accepted by the resident on 19 May 2022, resolving the complaint at stage one.
8. On 20 June 2022 the resident reported that the communal door entry intercom was broken, and the temporary solution installed by the landlord was not working. She also requested escalation of her previous complaint to the next stage of the landlord’s complaint policy. The resident was advised that escalation was not possible as the complaint’s settlement had been accepted in full and that should she remained dissatisfied, she should register a new complaint.
9. The resident made a new complaint on 10 July 2022 about the broken door entry and its associated health and safety issues, which she felt was a recurring issue. The landlord requested time to resolve the fault before registering the complaint. As this was unsuccessful, the resident’s concerns were logged as a complaint on 18 July 2022. The resident was dissatisfied that her complaint was not logged when first made and the landlord agreed to acknowledge this in its findings.
10. The initial complaint response on 28 July 2022 noted that delays in obtaining parts had prevented the repair from being implemented. It also advised in response to the resident’s request for a new system, that the landlord’s policy was one of repair where possible. As a goodwill gesture against the service charges for the period the door entry was not working and in respect of the delay in raising the complaint it offered £70 compensation.
11. As the resident remained dissatisfied, she requested escalation of her complaint on 3 August 2022. The landlord’s final response was issued on 31 August 2022.  In this it partially upheld the resident’s complaint of delays in repairing the communal door entry. It acknowledged the frustration and the distress caused by this failure and offered an apology. The landlord recognised that it was important to understand the lifespan of the system. It also took steps to put things right by expanding the monthly estate inspections to include a door fault check enabling appropriate action to be taken.
12. The landlord did not uphold the resident’s request for a service charge payment reduction as its compensation policy did not include payments for loss of communal services or facilities. The landlord confirmed compensation may be paid on a case-by-case basis if there was a service failure made by itself in rectifying the loss of the facility. The landlord noted that the resident had previously been paid a discretionary compensation award in June 2022 for a similar issue and no further discretionary offer was made at this time.
13. From the evidence provided, this Service can see there were 11 reports of door entry faults recorded between 1 March 2022 and 31 August 2022. The landlord acknowledged in an email to the resident that the reactive repairs on the faults were not adequate. It also admitted that repairs were taking longer to address by increasing its compensation offers to the resident for her previous complaint.
14. The landlord’s repair log dated 16 August 2022 recorded that its contractor had reported the system was very old and could be showing signs of being at the end of its life. It also warned certain parts were obsolete and could not be replaced on a like for like basis should they fail.
15. This Service can see that the landlord has taken steps to put things right by ordering a replacement system on 5 October 2022. However, in the Ombudsman’s opinion, the landlord should have reviewed the number of break downs of the system over the previous year and considered a replacement at an earlier stage. This would have lessened the inconvenience and distress to the resident and other tenants of the property.
16. Although the landlord acknowledged its failings in its final response, it did not offer compensation as the resident had previously received a payment under her previous complaint. However, the landlord failed to address the continued detriment to the resident since her previous complaint and acted unreasonably in not offering compensation for the additional failures identified in its investigation. There was therefore maladministration by the landlord in its handling of the resident’s reports of repeated faults with the communal entry door and this Service has made orders below concerning this.

The landlord’s response to the resident’s request for a reduction in the communal door entry element of the service charge

17. The resident had requested a reduction in the communal door entry element of the service charge to compensate for the loss of this facility from 20 June 2022 when she reported it broken.
18. In the stage one response on 28 July 2022, the resident was offered a goodwill gesture of £40 against the service charge for the resident’s property for the period covered since the repair was reported. The resident had also received a goodwill gesture under her previous complaint for the same issue.
19. The landlord’s compensation policy states that compensation is not paid for loss of communal services or facilities although it may be paid if there is a service failure made by the landlord when rectifying the issue. The landlord will also consider a payment for inconvenience and distress where there has been service failure in rectifying any loss. The landlord will take into consideration the impact of the loss and the inconvenience on the individual resident.
20. Having considered the facts of the case, the landlord’s offer of compensation is considered reasonable as it reflects the inconvenience experienced by the resident whilst waiting for the door to be repaired.

The landlord’s handling of the resident’s complaint

21. The landlord’s complaint procedure states that a complaint should be logged when the resident specifically informs it that they wish to complain. The resident raised concerns about the non-operational communal door entry system on 10 July 2022 and said she wanted to make a complaint. The landlord requested time to resolve the fault before registering the complaint. The landlord’s efforts to resolve the fault were unsuccessful and it logged the complaint on 18 July 2022. The landlord acted inappropriately in not logging the resident’s complaint when she complained on 10 July 2022.
22. The landlord operates a two-stage complaint process which states that for stage one complaints the response time is 10 working days from complaint receipt. The landlord issued its stage one response on 28 July 2022, 13 working days after the resident made her complaint on 10 July 2022 and three working days outside the 10 working day timescale set out in the complaints policy. The landlord’s failure to log the complaint when it was made, and the resultant delay in its stage one response amount to service failure by the landlord.
23. The resident had also raised concerns that her request to escalate her previous complaint to stage two was not carried out when requested. In the stage two response dated 31 August 2022, the landlord agreed that it had failed to comply with the resident’s request. It had believed that the complaint was closed at stage one when the resident had accepted compensation for its service failure in not repairing the communal door entry in a timely manner. At that time, a repair had been carried out and the door left operational. The landlord apologised for the misunderstanding and has taken action to prevent reoccurrence by implementing a system of contacting future complainants to discuss steps they may want to take to resolve their complaint. In this Service’s view, the landlord has acknowledged its failings from the stage one response and has taken steps to put things right.

Determination

24. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports of repeated faults with the communal entry door.
25. In accordance with paragraph 55 of the Housing Ombudsman Scheme, the landlord has offered reasonable redress in respect of the complaint about its response to the resident’s request for a reduction in the communal door entry element of the service charge.
26. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s complaint.

Orders and recommendations

27. Within four weeks of the date of this report, the landlord is ordered to:
    1. Apologise to the resident for not resolving the repeated failures of the door entry system by considering replacement at an earlier stage.
    2. Pay the resident compensation of £300, made up as follows:
       1. £250 compensation for the distress and inconvenience incurred by the resident as a result of the landlord’s handling of her reports of repeated faults with the communal entry door.
       2. £50 for the time and trouble incurred by the resident as a result of the landlord’s complaint handling failures.
    3. Pay the compensation direct to the resident and not use it to offset any arrears of rent or service charge.
    4. Provide evidence to this Service of compliance with the above orders.