Accent Housing Limited (202230744)

REPORT

COMPLAINT 202230744

Accent Housing Limited

19 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 landlords handling of the resident’s:
1. Reports of window repairs.
2. Associated complaint.

Background

The resident has an assured tenancy for a 3-bed house which began on 22 September 2017. The landlord is a housing association.
The resident lives in the property with her husband and 3 children. The landlord is aware that the resident and her husband have vulnerabilities and that two of their children have disabilities.
On 25 February 2023 the resident reported that her kitchen window had been broken. She said she thought her neighbour had done this. The landlord attended the same day and boarded up the window.
The resident contacted the landlord on 27 February 2023 for an update on when the window would be repaired. The landlord told the resident it would not replace the window glass as it was her responsibility. She asked to make a complaint as she felt it was not her responsibility and said the landlord had left her cold, scared, confused, and worried. The landlord acknowledged the complaint the same day and said it would respond within 5 working days.
The resident chased an update on the window repairs and her complaint twice in March 2023. She reported that her home was losing heat due to the broken window.
The landlord issued its stage 1 complaint response on 6 March 2023. It said it was a resident’s responsibility to replace and repair the window glazing as stated in its repair responsibilities page on its website. Therefore, it would not replace the broken window.
On 7 March 2023 the resident asked to escalate her complaint.
The landlord issued its stage 2 complaint response on 30 March 2023. It said it upheld its previous decision. It said in the resident’s tenancy agreement it states the landlord is responsible for the windowsills, catches, sash cords and window frames. Unfortunately, double glazing was not something it was responsible for.
The resident approached the Ombudsman as she felt the landlord did not take her complaint or repair request seriously. She said it was a traumatic incident which the landlord made more problematic.

Events following completion of the landlord’s internal complaints process

On 2 August 2023 the resident reported that a further 3 windows had been broken by her neighbour in the early hours of the morning. The landlord attended the same day and boarded up the windows.
The resident chased an update on the window repairs on 4 August and 7 September 2023.
The local authority’s environmental health team (EHT) contacted the landlord on 2 October 2023 and asked it for information on what was happening with the window repairs.
On 25 October 2023 the landlord contacted the resident about the broken windows. The resident reported that they had no natural light in the downstairs areas of the property. She said the situation was having an impact on her mental health and her household’s vulnerabilities. She said she could not afford to replace all the windows as her family was on benefits.
An internal email was sent the same day asking the repairs team to consider replacing the windows. The repairs team asked the resident for her income and expenditures. It contacted her on 22 November 2023 and said it would not replace the windows due to her disposable income and advised her to replace one window at a time.
The resident was offered alternative accommodation by her local authority, and she moved out of the property on 23 November 2023.

Assessment and findings

The landlord’s obligations

The landlord has a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property. It is obliged to complete repairs within a reasonable timeframe.
The Homes (Fitness for Human Habitation) Act 2018 requires landlords to ensure their properties are fit for human habitation at the beginning of, and throughout, the tenancy. A property is unfit for habitation if it is not reasonably suitable for occupation because of a defect relating to repairs, natural lighting and a hazard under the Housing Health and Safety Rating System (HHSRS).
The landlord has a responsibility under the HHSRS to assess hazards and risks within its rented properties. A hazard is any risk of harm to the health or safety of an occupier of accommodation that arises from a deficiency in the dwelling, building or land in the vicinity. Health includes mental health. Excess cold and entry by intruders are both listed as hazards.
The tenancy agreement states the landlord is responsible for repairing windowsills, window catches, sash cords and window frames. The landlord’s tenants’ repair responsibilities handbook states that residents are responsible for window glazing and handles.
The landlord’s repairs policy states that its target response time to make safe emergency repairs is 4 hours, with an aim to resolve them within 24 hours. The policy states it will complete routine repairs within 28 days.
At the time the resident made her complaint the landlord operated a 3 stage complaints procedure. Its complaint’s policy stated it would acknowledge a complaint within 24 hours and then respond to its early resolution stage, stage 1, and stage 2 complaints within 5 working days.
The landlord’s compensation policy stated it would offer discretionary compensation when it had failed to meet obligations under the tenancy agreement. And it would offer compulsory compensation when repairs had not been completed.

The landlord’s handling of the resident’s reports of window repairs

The resident first reported her kitchen window had been broken on 25 February 2023. The landlord acted appropriately by attending the same day and boarding up the windows to make it safe.
No evidence was provided to this Service to show the landlord communicated with the resident after it boarded up the window to tell her what steps it would take to resolve the issues reported, if there were any actions outstanding and the timescales for further works. This led to the resident chasing an update from the landlord on 27 February 2023. The landlord acted inappropriately by not keeping the resident updated and managing her expectations.
Under section 11 Landlords and Tenant Act 1985 there is an implied obligation for a landlord to keep in repair the structure and exterior of the dwelling. The structure consists of those elements of the overall dwelling house which give it its appearance, stability, and shape. No distinction is made between a window frame and the glass; therefore, the window glass is covered under the landlords implied repairing obligation.
Whilst the tenancy agreement sets out the landlord and the resident’s contractual obligations, neither is permitted to include a term which has the effect of excluding an obligation that is implied by statute. Therefore, the landlord cannot use the tenancy agreement or wording in its tenants’ repair responsibilities handbook to contract itself out of its implied repairing obligations under section 11.
The landlord also has a legal obligation to inspect the property and ensure it is fit for human habitation and there are no hazards under the HHSRS. No evidence has been provided to this Service that the landlord considered this, inspected the property, or communicated its findings to the resident.
The fact that the landlord refused to repair the resident’s windows is a significant failing. The landlord left a vulnerable household with 2 disabled children living in a property that was insecure for 9 months. There is no evidence it considered the cold during the winter months, or the family’s security and safety as victims of anti-social behaviour. This caused the family significant distress and inconvenience. It is noted this period would have been longer if the local authority had not offered the resident alternative accommodation.
While it was incorrect that the landlord told the resident it was not responsible for the window repairs. When a landlord believes a resident is responsible for disrepair this Service would expect a landlord to complete the repairs and then take steps to recover the costs from the resident. No evidence was provided to this Service that the landlord considered any options to support the resident to carry out the repairs. The landlord acted unreasonably by failing to consider what support it could offer the resident.
The landlord was aware of the vulnerabilities and disabilities within the resident’s household. The resident told the landlord that she thought her neighbour had broken her windows and she had a police crime reference number. There was no evidence it recorded any vulnerabilities, communicated with the resident about any risks, or carried out a risk assessment. The resident told the landlord the situation was having an impact on her and her family’s health. Although the landlord’s records show it had an open ASB case, no evidence was provided to this Service that showed the landlord responded to the resident’s concerns, showing a lack of empathy towards the resident.
In summary the landlord failed to understand its statutory obligations, it did not carry out repairs, there was poor communication, and its responses were not resident focused. It failed to consider the households vulnerabilities and disabilities, it did not carry out a risk assessment and did not offer the resident and her household any support. This caused the resident significant distress and inconvenience. The landlord failed to acknowledge its failings, it did not put things right and has showed no learning. The landlord’s suggestion that the resident replaces the windows ‘one at a time’ was not customer focussed or reasonable.
Based on the above, the Ombudsman finds severe maladministration for the multiple failures identified in the landlord’s handling of the resident’s complaint.
The Ombudsman has ordered the landlord to pay compensation which considers the circumstances of the case, the resident’s loss of enjoyment of her home, and the Ombudsman’s Remedies Guidance. The resident’s rent was £90.48 per week. The Ombudsman has taken into consideration that the resident’s full enjoyment of her home has been curtailed and has ordered compensation as follows:
1. The landlord should pay the resident 20% of the rental amount for the period following her report of the broken window on 25 February 2023 to the date she moved out on 23 November 2023.
2. This amounts to 38 weeks.
3. Therefore, the compensation totals £687.65

The landlord’s handling of the of the resident’s associated complaint

The resident submitted a complaint on 27 February 2023, the landlord acknowledged this complaint within its 24-hour target response time. In its response the landlord said it understood the resident was not happy with its stage 1 response, however, it had not yet issued a stage 1 response. A landlord must make sure it provides clear and accurate information.
It provided its stage 1 complaint response on 6 March2023; this was within the landlord’s target response time of 5 working days. The landlord addressed all the points raised in the complaint, provided reasons for its decision, linking to its repairs and maintenance page on its website. However, it failed to show it had considered any options to support the resident and her household during a difficult and challenging incident. Landlords should ensure they treat residents with respect and empathy. The landlord failed to show due importance to the issue which would have left the resident feeling unsupported by the landlord. This was a significant failing which caused the resident distress.
The resident asked the landlord to escalate her complaint on 7 March 2023. No evidence has been provided to this Service that the landlord acknowledged her request. This led the resident to chase the landlord several times for an update about her complaint. The landlord acted inappropriately by failing to effectively communicate with the resident and keep her updated.
The landlord provided its stage 2 complaint response on 30 March 2023. This was 18 working days after the resident escalated her complaint, which was outside its target response time of 5 working days. The landlord acted inappropriately as it failed to acknowledge or apologise for this delay in its stage 2 response.
No evidence was provided to this Service that the landlord gave the resident an opportunity to explain her point of view and the outcome she was seeking before it reached a decision on her stage 2 complaint. This was not resident focused.
In summary, landlords must have an effective complaint process to provide a good service to their residents. An effective complaint process means landlords can fix problems quickly, learn from their mistakes and build good relationships with residents. In this case the landlord failed to fully investigate the complaint, there were delays in it issuing its stage 2 response and it failed to keep the resident updated. Its complaint responses lacked empathy, were not resident focused and it failed to consider what support the resident and her household needed. The landlord failed to put things right, it did not offer the resident any redress and it failed to show it had learnt from this complaint.
Based on the above, the Ombudsman finds maladministration for the multiple failures identified in the landlord’s handling of the resident’s complaint.
The landlord implemented a new complaints policy in May 2023 which comprises of two stages, this brings its complaints procedure in line with the Ombudsman’s complaint handling code dated July 2020.

Review of policies and practice

The Ombudsman has found maladministration (including severe maladministration) following investigations into complaints raised with the landlord involving repairs and complaint handling. The relevant cases, and findings, are set out below:
1. 202214088. The Ombudsman found maladministration for the landlord’s handling of the residents reports of a broken window handle.
2. 202208552. The Ombudsman found maladministration for the landlord’s handling of the residents reports of damp and mould, and damage to her patio doors and her request for a replacement.
We have therefore issued a wider order under paragraph 54(f) of the Scheme for the landlord to review its policy or practice in relation to the service failures investigated in this determination, which may give rise to further complaints about the matter. We have set out the scope of the review below.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in respect of the landlord’s handling of the resident’s reports of window repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s handling of the resident’s associated complaint.

Orders and recommendations

Within 4 weeks of the date of this report the landlord is ordered to:
1. Apologise to the resident for the failings identified in this report. A member of the senior leadership team must do this.
2. Pay the resident £1437.65 compensation. The compensation is broken down as:
  1. £687.65 to reflect the resident’s loss of enjoyment of the home as noted in paragraph 34 of this report.
  2. £500 for the time and trouble, distress and inconvenience caused to the resident because of its handling of the resident’s reports of window repairs.
  3. £250 for the time and trouble, distress and inconvenience caused to the resident because of its handling of the resident’s associated complaint.
3. Contact the resident and consider additional compensation if the resident experienced increased fuel costs due to the windows being boarded up between February and November 2023.
In accordance with paragraph 54(f) of the Scheme, the landlord must carry out a review of its practice in relation to responding to requests for window repairs. The review should be conducted by a team independent of the service area responsible for the failings identified by this investigation and should include as a minimum (but is not limited to):
1. an exploration of why the failings identified by this investigation occurred.
2. identification of all other residents who may have been affected by similar issues, but not necessarily engaged with its complaint procedure, for any open/live repair cases.
3. a review of the wording of its tenancy agreements, repairs policy and procedures, and tenant’s handbooks to ensure it reflects the landlord’s implied obligation under Section 11 Landlord and Tenant 1985 to repair window glazing.
4. a review of its staff’s training needs to ensure all relevant officers:
  1. respond to requests for repairs appropriately and in accordance with its relevant policies and procedures.
  2. respond to formal complaints appropriately. It should ensure all relevant officers do so in an efficient and timely manner, and in accordance with its relevant policies and procedures and the Ombudsman’s complaint handling code.
5. a review of its record-keeping practices to ensure appropriate recording, handling, and responses to repairs taking longer than 28 days and formal complaints, and consider, if has not done so already, implementing a knowledge and information management strategy, in line with the Ombudsman’s spotlight report on knowledge and information management.
Following the review, the landlord should produce a report setting out:
1. the findings and learning from the review.
2. recommendations on how it intends to prevent similar failings from occurring in the future.
3. the number of other residents who have experienced similar issues.
4. the steps it proposes to take to provide redress at the earliest opportunity to the residents who have been similarly affected by the identified failings. This should include consideration of compensation commensurate to the level of detriment a particular resident has experienced if caused by a failing on the part of the landlord.
The landlord should embed the recommendations in the report within its wider transformation programme, to inform practice in other areas of service delivery, where relevant, with appropriate oversight.
The landlord should provide a copy of the final report to its governing body and member responsible for complaints, if appointed, for scrutiny. The governing body should agree how it will provide oversight of the implementation of any recommendations made following the review. The landlord should also provide a copy of the report to the Ombudsman.
The landlord should commit to revisiting the issues 6 months after the report has been finalised to check whether changes in practice have been embedded.
The landlord shall contact the Ombudsman within 4 and 12 weeks to confirm it has complied with the above orders.