Aster Group Limited (202216405)

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REPORT

COMPLAINT 202216405

Aster Group Limited

18 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 handling of the resident’s request to have her windows replaced.

Background

  1. The resident is an assured tenant of the landlord. The property is a three-bedroom house.
  2. The resident’s windows were installed in 1991, and as part of its planned maintenance, the landlord was due to inspect the resident’s windows in 2021. However, due to covid-19 this assessment was pushed back to 2022.
  3. The resident raised her complaint in March 2022, as she had been informed that her windows would not be replaced for a further two to three years despite being informed they would be replaced in 2022 on numerous occasions. The resident stated that she had been experiencing issues with her windows dating back to 2018 and that the window sill was broken. The resident requested to know why her windows were not due for replacement.
  4. In its complaint response the landlord stated that it had visited her property in April 2022 and found that there were some repairs to be completed on the windows to maintain their integrity, but overall the windows were generally fit for purpose and functional. It acknowledged that whilst the resident had been informed that her windows were due for renewal in 2021, this was misleading as they were due for reinspection in 2021. The landlord apologised that this may have been relayed to the resident incorrectly, and owing to this it would be changing its wording in the planned maintenance policy, to prevent any further miscommunication. It also stated it would be completing a stock condition survey to survey all properties to update its planned maintenance records. A date for the planned replacement of her windows was not available at that time, but the landlord confirmed it would inform the resident when it knew a date and that, during the window replacement, the window sills would also be replaced. The landlord offered the resident £125 compensation in recognition of the inconvenience and distress caused as a result of the miscommunication.
  5. The resident referred her complaint to this Service on 26 October 2022. The resident stated that she has still not been provided with a date for when her windows would be replaced as part of the cyclical repairs process. As a resolution, the resident would like the windows to be replaced as she believes they are causing mould in her property.

Assessment and findings

Scope of investigation

  1. In her escalation to this Service, the resident referenced that she has damp and mould in her property as a result of the windows being aged and not replaced. However, there is no evidence that the resident raised this with the landlord prior to referring her complaint to this Service. The Ombudsman cannot investigate aspects of a complaint which have not exhausted a landlord’s complaint procedure, because the landlord needs to be given the opportunity to formally respond. The resident will need to contact the landlord and, if appropriate, raise a separate complaint to get this matter resolved.

Window replacement

  1. The Decent Home Standard (DHS) gives guidance which states that the expected lifespan of windows in a house would be approximately 40 years. However, this is subject to the landlord’s own inspection of the windows and can occur sooner or later depending on the condition of the windows.
  2. Whilst it is acknowledged that the resident’s windows were installed in 1991, making them 31 years old when the resident requested for the replacement in 2022, this would not automatically mean that the windows require renewal as the expected lifespan of windows under the DHS is 40 years.
  3. However, upon receiving reports of windows being in poor condition, the landlord should survey the windows, and request recommendations about the condition of the windows. Once it receives the findings, the landlord is expected to act on any recommendations and keep the resident informed of the findings and any subsequent work to be completed. It is also important to establish that landlords are entitled to rely upon the advice of its surveyors, as they are experts in the area being investigated; and unless provided evidence contrary to its report, landlords would have no reason to dispute their advice.
  4. In this case, the resident believed the windows in her property to be aged and the window sill to be ‘unsafe’ stating it could completely break at any point. In accordance with the landlord’s obligations, a surveyors’ report was completed on the property to assess the condition and safety of the window and window sill, but it did not identify any concerns regarding the structural safety and found the windows to be ‘generally fit for purpose’ and ultimately fully functioning.
  5. Ultimately, the landlord was not provided any expert opinion which concluded there were any concerns or support that the windows required urgent replacement. The landlord relied upon the findings of its surveyors and therefore it was reasonable that it took no further action in regard to changing all of the resident’s windows. The landlord did inform the resident of the surveyors’ findings, as a means to reassure the resident that the windows were in a good condition.
  6. Nevertheless, it was accepted by both the resident and landlord that it made misleading statements in regard to when the resident’s windows would be renewed. The resident had been informed that her windows would be renewed in 2022; however, this was misleading as her windows were only due to be inspected in 2022.
  7. When failings are identified, the Ombudsman’s role is to consider whether the redress offered by the landlord has put things right and resolved the resident’s complaint satisfactorily. This is in accordance with the Ombudsman’s Dispute Resolution Principles (DRP): to be fair, put things right and learn from outcomes.
  8. In this case, the landlord did put matters right by acknowledging and apologising for its misleading communication. It further put things right by offering a proportionate amount of compensation. In short, the landlord’s final offer of compensation of £125 for the distress and inconvenience caused was proportionate given the misinformation provided and the impact this had on the resident, such as having communication unanswered and having to raise a complaint. In addition, this compensation is in-line with the Ombudsman’s Remedies guidance (published on our website). The guidance suggests amounts of £100 to £600 for cases where there has been service failure which adversely affected the resident, but no permanent impact.
  9. It also put matters right by informing the resident that it had enlisted an external surveyor to establish when the property would be due for window replacements, for which it would contact her to establish a date for renewal. This was an attempt to put things right, as it recognised the inconvenience and distress caused to the resident, and wanted to provide a confirmed year for window replacements.
  10. Furthermore, it demonstrated some learning via the complaints process by acknowledging where it did not meet its expectations, and stating it would be implementing changes to its planned maintenance policy wording, to prevent similar situations in the future.

Determination

  1. In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, satisfactorily resolves the complaint regarding its handling of the resident’s request to have her windows replaced.

Recommendations

  1. It is recommended that the landlord:
    1. Pay the resident the £125 compensation it offered if it has not done so already.
    2. Ensures it changes its wording surrounding its planned maintenance, to ensure miscommunication does not occur in the future.
    3. Reinspect the window sill if it has not already done so after the complaint was raised. Upon inspection, determine whether an immediate replacement is needed or if it will replace it in conjunction with the window replacement. Communicate inspection update and plans for replacement to the resident.