London & Quadrant Housing Trust (L&Q) (201907087)

REPORT

COMPLAINT 201907087

London & Quadrant Housing Trust (L&Q)

4 March 2024

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

The complaint is about the landlord’s handling of redecoration works at the property.
The Ombudsman has also considered the landlord’s complaints handling.

Background

The resident has occupied the property, a 1 bedroom first floor flat, since 2006. The landlord is a housing association. The resident has mobility and other medical issues.
In 2019 this Service considered a complaint from the resident under case reference 201901188, about the landlord’s handling of repairs. On 29 January 2020 the Ombudsman determined that the complaint was resolved on the basis of the landlord paying the resident £820 compensation and agreeing to complete redecoration works by March 2020. This investigation considers events that occurred after that determination was made.

Summary of events

The redecoration works were scheduled for 24 March 2020 but were postponed due to lockdown rules as a result of the Covid-19 pandemic.
The resident contacted the landlord on 6 October 2020 and asked for a call back from a manager. She received no response. She chased again on 23 October 2020 and said before any redecorating could take place, some plastering needed to be done but she had not been contacted.
The Ombudsman emailed the landlord on 4 November 2020 enquiring about the work and it advised it was scheduled for 9 and 10 November 2020, and a text had been sent to the resident to confirm this. The landlord noted the resident had asked for a supervisor to visit the property to inspect plaster work that had been completed in the past which she was unhappy with.
The redecoration works did not take place and the landlord offered to send a supervisor on 10 December 2020. However, it seems this Service was notified of the proposed date, but the resident was not, so the appointment did not take place. On 5 January 2021 the landlord noted the works remained outstanding, and there was a discrepancy over whether an inspection needed to take place.
The Ombudsman asked the landlord for an update on 22 April 2021 and, while there was an exchange of correspondence, no progress was made (there were still a number of restrictions due to the pandemic). The resident contacted this Service in October and November 2021 and it was then that the landlord said the resident should contact its Contact Centre to arrange the redecoration works. On 25 November 2021 the resident contacted the landlord about booking an appointment and on 12 January 2022 she was given an appointment for 18 January 2022.
On 18 January 2022 the resident contacted the landlord as she was upset because 2 operatives had attended to redecorate but had said they would not be carrying out any work “as per handbook” and she had been offered decorating vouchers instead. The resident could not do the decorating herself, due to her disability and she asked for her complaint to be reopened and for further compensation. Internal emails that followed show the operatives only received the job that day and refused to do the work because they could not do wallpapering. An email apology was sent to the resident that day by the landlord and she was told someone would contact her to rebook.
The landlord emailed the resident on 25 January 2022 and said it could not consider further compensation as it had not been agreed that it would use lining paper when redecorating the property. The resident responded the same day that the agreement to use lining paper had been made when her complaint was resolved in 2020, in order to avoid further work having to be done to the walls. Therefore, this should not have been a surprise to the operatives when they attended. The resident raised a new complaint about the service provided by the landlord, saying that she was unhappy the operatives refused to carry out work, despite the landlord having carried out a survey and asbestos checks and there being a work order.
The following day, on 26 January 2022, the resident explained that the delays were having an effect on her health. She asked that, rather than the maintenance team contacting her to make an appointment, it issue a works order as it had done before.
In an internal email exchange between landlord staff on 27 January 2022 it was acknowledged that it had agreed on 3 December 2019, that it would put up lining paper, and this had been overlooked.
The landlord acknowledged the complaint and upset caused on 28 January 2022, and said it had referred the issue to someone to respond to, but they were out of the office until 31 January 2022.
On 1 February 2022 the landlord apologised for the confusion at the appointment. It said that, due to the time that had passed and the requirements may have changed, it wanted to send a supervisor and the company that would be doing the work to look at the work to be done. It asked when the resident would be free for the appointment.
The resident replied the same day, explaining she was inclined to refuse another inspection as there had been several appointments scheduled but then work was not completed, and an assessment had already taken place on 20 July 2021. She had concerns about the supervisor and, in her view, nothing had changed since 2021. The landlord explained that the further inspection should speed up the process as it would assess how long the work would take. It would not mean the original agreement would change. The resident then explained she was finding it stressful and was going to contact this Service.
During February and March 2022 there was correspondence between the landlord, resident and the Ombudsman, as the landlord was waiting to hear from the resident about arranging another inspection. This Service explained that the landlord had 2 options: rebook the redecoration work and proceed on the information it already had (potentially the best option due to the resident’s vulnerability); or insist on the resident agreeing to a further inspection, which she was not comfortable with. The Ombudsman suggested the landlord should make enquiries with its repairs team, explaining the background of the case, to see if the first option was possible. If it was not, it should contact the resident further.
The landlord told this Service on 17 March 2022, that the quickest way to get the redecoration works done was to do an inspection first. The resident chased the landlord for an update on 25 March 2022 and, on 28 March 2022, the landlord sent her a copy of the email it had sent to this Service on 17 March 2022.
On 11 April 2022 the resident told the landlord she had tested positive for Covid-19, but she agreed to an inspection in 2 weeks. The landlord arranged an inspection for 29 April 2022 and, following that, it told the resident on 3 May 2022 that the scope of works and raising of the required orders would happen once necessary “windows works” were completed to avoid spoiling the redecoration work.
The resident asked the landlord on 3 May 2022 whether the decorating works could be scheduled when the window works were scheduled to speed things up. She also asked that her property be prioritised when it came to window works, due to the amount of time she had been waiting and living out of boxes. The landlord replied on 5 May 2022 that it was assessing when the window works were due to commence so it could plan the decoration works after, and it would update her once it had more information.
An internal landlord email of 17 May 2022, said the work to renew the windows was due to start on 11 July 2022. The resident chased the landlord for an update on 23 May 2022 and it responded the following day that no dates had been set. In the resident’s response she said she was disappointed the landlord had not been more proactive, and she was finding it hard to live with boxes piled up, which she was having to unpack and repack as the weather was changing. The landlord acknowledged the resident’s frustration on 26 May 2022 and said the works were scheduled for a group of properties, for efficiency, and had not been scheduled yet as logistics and availability were factors.
On 21 June 2022, an internal landlord email confirmed the windows had been measured and ordered. There was a lead time of 6-8 weeks so it was looking to install them around late July 2022. However, on 2 August 2022, the landlord noted that a planning application would be needed before fitting the windows (as the property is in a conservation area), so it anticipated installation in November 2022.
The resident contacted this Service and the landlord on 6 August 2022, as she had received a letter from the landlord saying the windows would be replaced in the 2023/2024 financial year. She was dissatisfied with the further delay, her living conditions, the lack of contact from the landlord since May 2022, and the impact this was having on her mental health.
On 9 August 2022 the landlord explained to the resident that it had sent a copy of her enquiry to its planning and systems team, but it confirmed the windows would be replaced in the current financial year. It could then complete the redecoration works in order to resolve her complaint.
The resident contacted the landlord on 18 August 2022 as she had been contacted by a company asking to measure the windows, despite the landlord having done so previously. She also noted she had just been told the windows were likely to be replaced in November 2022, due to planning permissions, which she had not previously been made aware of.
On 14 October 2022 the resident submitted a further complaint to the landlord about the operatives refusing to complete the redecoration works in January 2022 and having not received a recent update. On 17 October 2022 the landlord sent the resident’s complaint to the maintenance team to address.
An internal email from the major works team on 17 October 2022 said, due to planning permission being needed and the lead-time for windows, installation was more likely to be February or March 2023.
The resident contacted the landlord on 14 November 2022 and said she had incurred a back injury, was living out of boxes, and had not received a response to her 14 October 2022 complaint. She emailed again on 18 November 2022 to complain that she had reached out to different landlord staff, but she was still waiting for the redecoration work promised in 2020.
On 21 November 2022, the landlord apologised for the resident not receiving replies to emails. It said the planned maintenance team was arranging the renewal of the windows, but as planning permission was required, the work would take place in early 2023. Once they were installed, it could proceed with the decoration works. The resident responded the following day and said she was unhappy with the apology due to the time that had gone by and because no one had addressed her 14 October 2022 complaint.
The landlord responded to the resident on 22 November 2022 and said it accepted the length of time the issue had gone on for was unacceptable. It attributed the delay to the pandemic, a reduced service, backlogs and communication issues. It said it was “sure [the new complaint] will be allocated to the correct team”.
A response to the complaint was sent on 23 November 2022; but it was not made clear whether it was sent as a stage 1 response, under the landlord’s complaints procedure. It said the resident’s windows were not due to be replaced in 2023/2024 and that was an error. Instead, they were on the schedule to be replaced in 2022/2023, but planning permission was needed. She was on a priority list but the windows had a long lead time as they were wood and a timeframe could not be provided until planning permission was obtained. The complaint was closed, but the resident advised she could escalate the complaint if she wanted to.
In an internal landlord email exchange on 20 and 27 January 2023, it was noted there had been an objection to the planning application, so it was unlikely the windows would be completed that financial year. The landlord made enquiries about the redecoration being done before the windows were installed but this was not deemed possible.
This Service then contacted the landlord about resolving the complaint on 6 February 2023. The landlord wrote to the resident the same day and said it was sorry it had been unable to resolve the matter since 2019 and it would issue its stage 2 response by 10 February 2023 (on the basis that its 2020 response was being treated as the stage 1 response for the more recent complaint).
The landlord issued its stage 2 response on 7 February 2023 in relation to a complaint about the redecoration of the bedroom and living room. It explained that the redecoration had been put on hold pending the installation of new windows, but this work had been delayed by the local authority refusing permission. It set out the redecoration works which had been carried out since March 2019 and detailed the chronology of the works and the resident’s dissatisfaction since then. This covered: cancelled and rescheduled appointments; ineffectual appointments; poor quality works; miscommunications; and considerable periods of delay.
The landlord noted that £820 had been offered to resolve the complaint in 2020 (see paragraph 4 above) which it now referred to as being a stage 1 response to the current complaint. It then offered a further £350 to recognise the subsequent failings (£200 for the delay in providing a response, £50 for the lack of communication, £50 for the service failure and £50 for time and effort).
On 13 February 2023, the landlord arranged for £350 to be paid to the resident.

Events after the complaints process

The resident contacted the landlord on 28 April 2023 to say she was happy with the redecoration work that had been carried out in the bedroom although there was dust in there as a result. She provided examples of items affected by the dust on 30 April and 2 May 2023. On 10 May 2023, she explained that the living room redecoration was still needed and in the bedroom there were 3 large holes that needed addressing. She said it had been agreed that on 16 May 2023 the living room would be reassessed and the holes in the bedroom would be plastered. She said the compensation offered did not sufficiently recognise the 3 years she had been waiting for work to be done.
On 16 May 2023 the resident advised the landlord that a plasterer attended her property that day but would not complete the work as she had complained about previous work. She then reported that, on 24 May 2023, an operative was due to attend to skim walls, but when they arrived they advised they were only there to paint so did not complete the work.
On 26 May 2023, the landlord issued a revised stage 2 response (but still dated 7 February 2023). In addition to the £350 offered in February 2023, it offered £50 due to the recent issue the resident had with an operative. It confirmed an appointment had been made for the contractor to reattend on 1 June 2023.
The resident reported to the landlord on 2 June 2023, that she was unhappy with some of the redecoration work carried out in the bedroom the day before. She asked for it to be fixed. She then chased the landlord on several occasions about when the outstanding work would be completed, and on 31 July 2023, the landlord apologised for the delay and said a company would be contacting her to make an appointment. It said if she did not hear anything by the following Monday, to let it know.
The resident confirmed on 30 August 2023 that lining paper had been put up but the painting still needed to be completed. On 6 September 2023 some painting was done, but not all. The landlord then needed to find a new contractor to complete the work. This was done in October 2023, but the resident wanted confirmation her curtain poles would also be put back up and of the works order.
On 17 October 2023 the landlord told the resident it had cancelled the previous work order as it would discuss all required works with her before raising a new order. It felt it was the “best way to move forward with the repairs and allow the contractor to know exactly what is required and to not have any further confusion”. The resident responded by saying she wanted operatives to put back up things they took down.
The resident chased the landlord as she had not heard anything, on 2 November 2023. It responded the following day by apologising, saying someone would be in touch and confirming the specific works which were outstanding.
The resident asked the landlord to ensure the operatives put a curtain rail and shelf back up in the bedroom that had been taken down. However, it said it was not possible to add that to the list of outstanding works. On 7 November 2023 the resident explained these items had been taken down by operatives in the past and stressed that they needed putting back up.
The landlord told the resident on 18 December 2023 that the planned maintenance team had confirmed her windows would be replaced. The delay had been due to initial access issues with regards to erecting scaffolding and measuring the windows themselves and then planning permission was only granted in November 2023.
The resident responded on 11 January 2024, explaining that she had had no contact regarding access or scaffolding, and no one had been in contact yet about the windows. She wrote again on 16 January 2024 and said no one had ever contacted her to gain access to put scaffolding up to change the windows. Therefore, it was not right to say she had refused access. She had also been told she had not been added to the works schedule to have the windows changed until next year, and she was not happy about that.
The resident contacted the landlord again on 30 January 2024 and complained about the lack of communication as well as the work not being completed. It responded the same day and apologised for the lack of communication, and said:
1. Although the planning application was granted in November 2023, it did not have the budget for all works in the financial year 2023/2024. It renewed the windows at the ground floor flat as there was already a plan to replace the kitchen and bathroom, so fitting the windows would mean minimal disruption.
2. Having liaised with senior management, it had been agreed that she would be contacted in the next few weeks to measure up the windows in order to have them manufactured. They would then be ready for installation at the beginning of the new financial year, 2024/2025.
3. Although other contractors had measured for windows in the past, it needed to be the company that would be making them, that would need to come out.
4. The windows could be replaced without the need for scaffolding and this should speed things up.
The resident acknowledged the landlord’s response on 2 February 2024 and confirmed the redecoration works could be rescheduled. The landlord has since said the living room has been redecorated.

The landlord’s obligations, policies and procedures

The landlord’s Routine Repairs policy says “when diagnosing repairs that are reported by vulnerable residents: we consider whether the defect is putting the resident at risk because of their physical or mental health”.
Its Compensation Policy it will make a payment of £10 for a failure to respond to a query within 10 working days or a failure to respond to a formal complaint within the timescales published in its Complaints Policy.
Its Complaints Policy says the landlord will provide a detailed explanation if it does not accept a complaint or will not escalate it. Stage 1 complaints should be acknowledged within 5 working days and a response issued within 10 working days of it being logged. A complaint can be escalated to stage 2 if the complainant remains unhappy. A response should be sent within 20 working days of the request to escalate. At both stages, it says it may need longer to reply sometimes and will try and agree that with the complainant.
It says “for long-term actions the customer must receive an update at least once a month.”

Assessment and findings

The landlord’s handling of redecoration works

Having agreed in January 2020 that the landlord would ensure the redecoration of the bedroom and living room were completed promptly, it is accepted that the Covid-19 pandemic delayed its plans. It is recognised that, during the pandemic, and in particular until July 2021 when restrictions were lifted, it would have been difficult for the landlord to carry out non-emergency work. Once the restrictions were lifted, there was inevitably going to be a backlog of work that needed to be addressed.
Allowing for this, the resident contacted the landlord to reschedule the redecoration works and was given an appointment of 18 January 2022, when the operatives refused to do the work. The landlord ultimately accepted that it had agreed to put up lining paper, so this error unnecessarily delayed the works. It also caused inconvenience to the resident, due to the wasted appointment and having to go to the trouble of highlighting the mistake to the landlord.
Having been prepared to start redecoration work in January 2022, the landlord then insisted on a pre-inspection taking place. It took until April 2022 for the resident to agree to that because she was concerned it was unnecessary and may delay matters further. While the landlord wanted to ensure things had not changed at the property as a lot of time had passed, it is not clear why it changed its stance having not insisted on that only 4 months earlier.
It was not unreasonable for the landlord to want to inspect the property to assure itself of the required work. However, it could have done more to explain why this was needed, when it had not insisted on the same in January 2022. As the resident did not fully understand the need for another inspection this contributed to the delays.
As a result of the inspection, the landlord identified that the windows and doors needed replacing and a decision was made in May 2022 to postpone the redecoration works until that work had been done. This was a sensible approach, and the resident agreed to it, but she also asked the landlord to confirm timescales and made it clear she was finding it difficult living with her contents in boxes while waiting for the works to be completed.
From June to November 2022 the timescales for replacing the windows changed more than once; but the landlord failed to communicate this information to the resident in a timely way. She was given incorrect information and had to chase for updates, all of which meant her expectations were not properly managed and that she received an unacceptable service. While the landlord accepted in November 2022 that the length of time the issue had gone on for was unacceptable and that there had been communication issues, it failed to improve the way it dealt with matters accordingly.
The landlord found out in January 2023 that an objection to the planning permission had been registered and it noted the work was unlikely to be done that financial year. Yet again this was not communicated to the resident, and she was only updated when this Service prompted the landlord to respond to her concerns and it sent a stage 2 response to the original 2019 complaint, in February 2023. It should not have taken the Ombudsman to prompt the landlord to update the resident; somebody should have been actively monitoring the case, and keeping the resident regularly informed.
The landlord’s Complaints policy states “for long-term actions the customer must receive an update at least once a month.” However, the landlord failed to comply with that, and the resident had to regularly chase for information, or escalate her concerns to this Service again, which is unacceptable.
The landlord did attempt to put things right in February 2023, when it paid the resident additional compensation of £350 and a further £50 when another issue occurred. It also arranged for the bedroom to be redecorated in April 2023, despite the windows not being ready. However, the resident then reported issues with the quality of the bedroom redecoration works. Despite having just apologised for the lack of communication, the resident had to chase for information again in July 2023, prompting another apology from the landlord, which shows it had not learnt from its previous mistakes. It had also failed to comply with its Complaints policy commitment to provide updates.
There have been further delays since August 2023, and the resident has reasonably pointed out that, if operatives take down curtain poles to decorate, they ought to put them back up, particularly when the resident has disabilities preventing her from doing it herself.
Planning permission was granted in November 2023, but the landlord not only attributed this as contributing to the delay in them being fitted, but said there had been access issues for erecting scaffolding. This is something the resident disputes, and no evidence has been provided to show she was ever contacted about needing access to put scaffolding up to change the windows.
Since May 2022 the redecoration works have been tied in to the windows being replaced. While it was not unreasonable to do that, the landlord’s communication throughout has been poor. The landlord did not make it clear from May 2022 that planning permission was going to be needed, or how long it may take. Its recent correspondence shows it had budget constraints, which is something that was also not explained to the resident at the time. It has also said the windows can be replaced without the need for scaffolding; therefore indicating the access for scaffolding never needed to be used as a reason for the delay.
The landlord did, over the years, apologise for the time things were taking, confusion over appointments and a lack of communication. While this was appropriate as it identified genuine failings, it did not ensure measures were put in place to prevent the same problems reoccurring. The extensive period of time that the resident has waited for the redecoration works to be completed is mitigated somewhat by the landlord taking steps, albeit not always promptly, to complete the works. However, it has been nearly 4 years since the redecoration work was due to have been completed and this has only just happened.
The resident was left to chase for updates which was not reasonable and there was a lack of consideration towards her circumstances. The landlord’s Routine Repairs policy says it should consider whether an issue is putting the resident at risk because of their physical or mental health. She had reported living in difficult conditions on several occasions, but the landlord’s actions demonstrated a lack of urgency to complete the works. Redecoration of the bedroom and living room should have been relatively straightforward, but it has been far from that.
While the landlord made an offer of further compensation at stage 2 in 2023, it did not sufficiently recognise the extent of disruption caused to the resident, including how long she had had to wait for the work to be done, having to chase for updates and living in a difficult situation. The compensation breakdown also did not make it clear where it identified failings. For example, it attributed £50 to a service failure but did not say what it was, so it is not possible to understand the landlord’s reasoning for the amount offered.
Overall, there were serious failings in the landlord’s handling of, and communication about, the redecoration of the property. In addition to the £820 paid to the resident in 2020, the landlord offered a total of £400 compensation in 2023. The landlord’s Complaints policy says it will pay £10 for a failure to respond to a query within 10 working days. There were times this happened but the landlord failed to consider that in its complaint responses. In any event, the poor service was more significant than that because the landlord had agreed to complete the redecoration works.
Therefore, the onus was on the landlord to ensure the work was carried out and the resident regularly updated. It should not have been for the resident to have to chase the landlord for information at all. The landlord’s response to the failures, acknowledging issues, apologising and then repeating the same behaviour, exacerbated the situation and further undermined the landlord/resident relationship.
The cumulative failings constitute severe maladministration, having caused significant distress and inconvenience, and time and trouble to the resident, over a protracted period. They have continued to affect her up until recently as she has been living with some of her contents still in boxes. Therefore, rather than focusing on ordering the landlord to pay £10 when queries were not responded to promptly, it is more appropriate to look at the overall deficiency in its handling of the redecoration works to date.
When the original complaint was closed, the landlord paid the resident £820 compensation based on there being poor service for 12 monthsup to April 2020 (£480 for inconvenience at £40/month; £240 for distress at £20/month; and £100 for time and effort).
The Ombudsman appreciates that little could be done by the landlord until July 2021, due to the pandemic. Therefore, using the same reasoning and measures the landlord applied at stage 1, from July 2021 to February 2024, the resident has waited 32 months. It follows that the landlord should pay the resident £1,280 compensation for the additional inconvenience (£40 for 32 months), £640 for the additional distress (£20 for 32 months) and £250 to acknowledge the time and effort she has expended to resolve the matter (2.5 times the period considered at stage 1). This totals £2,170 compensation. If the £400 offered at stage 2 has been paid to the resident already, this may be deducted from that sum.
In addition, as the landlord has confirmed planning permission for the windows has now been obtained, they should have been ordered and should be fitted around April 2024. If there are any redecoration works outstanding after that, these should be completed within 4 weeks of the windows being fitted.

The landlord’s handling of the formal complaint

As stated above, the resident’s original complaint was resolved in 2020 after the landlord issued its stage 1 response. The Code says a landlord must not unreasonably refuse to escalate a complaint, and if part of a complaint is not resolved to a resident’s satisfaction at stage 1, it must be progressed to stage 2 of the landlord’s procedure.
The resident asked on 18 January 2022 for her complaint to be reopened, as 2 years had passed and the landlord had not complied with the 2020 agreement to redecorate the property. While the resident may have wanted the original complaint reopened (considered at stage 2), due to the time that had passed and the evolution of the issues, it would have been more appropriate for the landlord to treat her concerns as a new complaint. Regardless, other than apologising for the delays, the landlord failed to address her concerns at that time, which was unreasonable.
The resident had also asked the landlord to consider paying her more compensation; but it had declined because it said it had not been agreed that it would use lining paper when redecorating the property. Therefore, it was not its fault work had not been done on 18 January 2022. However, the landlord later established it had made a mistake, yet it still failed to reconsider the complaint as requested or make an offer to remedy the situation.
This led to the resident logging a new complaint on 25 January 2022 and, although it was acknowledged, it was not dealt with in line with the landlord’s Complaints policy as no stage 1 response was issued. The landlord was told by the resident on several occasions how hard she was finding the situation, but the landlord focused on trying to arrange an inspection of the property; again missing an opportunity to address her concerns.
A further complaint about the ongoing delays was made on 14 October 2022, when the resident reiterated her outstanding complaint from January 2022 regarding the operatives not completing work. The landlord again failed to respond to the complaint at stage 1 and the resident had to chase for a response on 14 and 22 November 2022.
A response to the complaint was sent 28 working days after the complaint was made but the response was not sent in line with the landlord’s Complaints policy and again failed to address the issues raised in the January 2022 complaint.
The landlord ultimately issued a ‘stage 2’ response in February 2023, but only after the Ombudsman’s intervention. It was treated as an escalation of the 2020 complaint, when it should have more reasonably been treated as a new one. Bearing in mind the resident had asked for her complaint to be looked at again in 2022 and she had made 2 further complaints to highlight her concerns, it should not have taken this Service to prompt the landlord to respond. It then issued a revised stage 2 response in May 2023, to account for a subsequent issue the resident had had with an operative. While it was reasonable for the landlord to address a new issue promptly, it failed to redate the letter which did not make it easy to understand when the letter had been sent.
Overall the landlord’s complaint handling has been poor. It has said it would not have created new complaints when the resident raised them, because they related to the original complaint. While that may be the case, the fact the resident had to refer to this Service and raise new complaints to get her original complaint looked at again because of the time things were taking, shows the landlord was overlooking how significant things were for the resident. It should not have had to be prompted either by the resident or this Service to have her concerns escalated and addressed sooner than they were.
Having concluded that the landlord’s complaint handling was poor and confusing throughout, and that it did not comply with its Complaints Policy over an extensive period of time, the Ombudsman has concluded this amounts to severe maladministration. From January 2022 the resident’s complaints were not handled correctly resulting in her becoming increasingly frustrated at not having her complaint properly considered. She was forced to raise a new complaint and to refer her concerns back to the Ombudsman, in order to get matters considered which is entirely unacceptable.
While there was no permanent detriment caused to the resident as a result of this, it did affect a significant effect over a long period of time. Having regard to the Ombudsman’s own remedies guidance and our Dispute Resolution Principles, it is considered that a reasonable amount of compensation to reflect the inconvenience to the resident would be £600.

Determination

In accordance with paragraph 52 of the Scheme, there was severe maladministration in relation to the landlord’s handling of:
1. Redecoration works at the property.
2. The resident’s complaint.

Reasons

The landlord has failed to complete the redecoration of the property since 2020. Its communication with the resident was poor throughout as there were a lack of updates and incorrect information provided. There were ineffectual works appointments and poor management of the resident’s expectations.
The landlord did not address the resident’s complaint within a reasonable period of time or in line with its Complaints policy. The resident tried to raise complaints on several occasions but it took over a year for the landlord to finally address her concerns.

Orders and recommendations

Orders

Within four weeks of the date of this report, the landlord should:
1. Apologise to the resident for the failings identified in this report.
2. Pay compensation in the sum of £2,770 made up of:
  1. £2,170 for the distress, inconvenience and time and effort as a result of delays in completing redecoration works (incorporating the £400 offered at stage 2). If the £400 as offered at stage 2 has been paid to resident already, a further £1,770 would be payable.
  2. £600 for poor complaint handling.
3. Review the way its complaints are monitored and managed. Provide training to staff involved to ensure all complaints are proactively managed and to understand that when any complaint is made, it is properly considered and responded to under its Complaints policy.
4. If it has not done so already, confirm a date for the windows to be replaced.
Within 4 weeks of the windows at the resident’s property being replaced, all redecoration works should be completed.