Metropolitan Thames Valley Housing (MTV) (202233550)

REPORT

COMPLAINT 202233550

Metropolitan Thames Valley Housing (MTV)

17 May 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

1. The complaint is about the landlord’s handling of the resident’s:
   1. Request for the living room and bedroom ceiling to be painted at her property.
   2. Associated complaint.

Background

2. The resident is an assured tenant of the landlord at the property, a one-bedroom flat. The resident has a slipped disc and is awaiting surgery for 2 knee replacements. The landlord was aware of her medical conditions.
3. Since 2019 the resident has made numerous reports of separate leaks coming from the property above her. The resident has said that in 2019 the landlord completed an inspection at her property, which included that her living room and bedroom ceiling needed to be decorated. The resident has said that these works were never completed and due to the Covid-19 pandemic she did not chase the landlord to carry out the works.
4. In December 2022 the resident told the landlord that she had experienced another leak from the property above. On 19 December 2022 the landlord carried out a pre-inspection of the resident’s property. It then raised a works order for its contractor to repair the ceilings in the living room and bedroom. It then arranged an appointment with the resident for the repair to be done on 8 February 2023.

5. On 8 February 2023, a contractor attended to plaster the resident’s living room and bedroom ceiling. This was the wrong type of repair, which should have been to decorate both ceilings. The same day, the resident telephoned the landlord and raised a stage one complaint. She requested for the landlord to send a contractor that same day to carry out the decorating works as per the arranged appointment.
6. The landlord advised the resident that the furniture would need to be moved in order for its contractor to complete the decoration works at the property. It said if the resident wanted its contractors to move her property, she would first need to sign a disclaimer, removing liability of its contractors in respect of any accidental damages caused whilst it moved her property. The resident refused to sign the contractor’s disclaimer, so the contractor did not carry out the decoration to the ceilings.
7. The landlord provided its stage one complaint response on 17 February 2023. The landlord apologised that it had raised the wrong works order for 8 February 2023. It awarded the resident £25 for time and trouble. It also provided an explanation that before it could decorate her ceiling, she would need to sign the disclaimer, or the contractor would be unable to carry out the works. The resident was unhappy with the landlord’s response and requested the escalation of her complaint on 22 February 2023.
8. On 24 March 2023, the Ombudsman intervened and advised the landlord to respond to the resident’s request to escalate her complaint. On 24 April 2023 the landlord provided its final response to the resident’s complaint. It provided the resident with options in respect of the decoration of her ceiling as follows:
   1. The resident could sign the disclaimer and its contractor would move the furniture and then carry out the painting to her living room and bedroom ceiling.
   2. The resident’s family and friends could assist the resident in moving her furniture and personal belongings. Then the contractor would paint the ceilings.
   3. The landlord could provide the resident with decorating vouchers as an alternative, so she could arrange her own contractor to decorate the ceilings at her property.
9. The resident remained dissatisfied with the landlord’s final response. She brought her complaint to the Ombudsman stating she wanted the landlord to decorate her ceiling without her having to sign the disclaimer. She said she believed the landlord was targeting her due to a separate complaint where its contractors previously caused damage to her personal property during the renewal of her kitchen.

Assessment and findings

10. When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.
11. The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.’

Scope of Investigation

12. Paragraph 42(c) of the Housing Ombudsman Scheme states that we will not consider complaints which, in the Ombudsman’s opinion were not brought to the landlord as a formal complaint within a reasonable period which, would normally be within 12 months of the matters arising. The Ombudsman has taken into consideration that the resident had been requesting for her ceiling to be decorated since 2019. However this investigation has focussed on the landlord’s handling of the resident’s request for her living room and bedroom ceiling to be painted from December 2022 onwards. This is because the resident has explained that she stopped making reports about this during the Covid-19 pandemic until the further flood in December 2022. The Ombudsman understands the resident’s reason for not raising the matter sooner, however she had the opportunity to do so, and therefore the Ombudsman will not consider the earlier period in our investigation.

The resident’s request for the living room and bedroom ceiling to be painted at her property.

13. The landlord’s compensation policy states it will pay a resident £10 for a missed appointment. It also states that where a resident has had to chase the landlord it will consider compensation ranging from an apology to a financial award which is dependent on its assessment of its identified failure.
14. The landlord’s repairs contractor has a position statement which states that when its staff or sub-contractors are requested to move personal items or furniture, it requires all residents to sign a disclaimer removing the contractor from any liability for any unintended damage.

15. On 19 December 2022 the landlord carried out an inspection at the resident’s property following a leak from the property above. It raised a works order for its contractor to ‘make good’ the living room and bedroom ceilings. On 8 February 2023 the landlord’s contractor attended the property to plaster both ceilings when this repair should have been to decorate them. This was not appropriate. The landlord should have raised the correct repair. The Ombudsman understands this caused the resident significant distress and inconvenience. She said she had cancelled a hospital appointment in order to make herself available for the decoration works to be carried out. This error is evidence of poor communication by the landlord, as well as poor handling of its repairs processes.
16. In the landlord’s stage one complaint response it apologised to the resident for raising the wrong works order. It also awarded her £25 compensation for her time and trouble in chasing the repair on 8 February 2023. This was a reasonable and proportionate response that was in line with its compensation policy as set out above.
17. The landlord told the resident that she would need to sign a disclaimer before its contractors could move any furniture at her property. It explained that the disclaimer was to remove liability for any accidental damage caused by its contractors. This was a reasonable request by the landlord, which it states is a standard practice used by its contractor when carrying out such works. Residents are responsible for moving their belongings to facilitate repairs, although landlords should provide assistance for residents who are unable to move heavy items for health reasons. If a landlord or its contractor provides assistance to a resident in moving their belongings, they would not automatically be liable for any damage caused to the items. The Ombudsman is not questioning the resident’s reasons for refusing to sign the disclaimer. However, the landlord’s request in its communication and explanation as to why it was required was both reasonable and proportionate.
18. The landlord provided the resident with 3 suggestions as set out above in this report for how it could assist the resident in carrying out the decoration of her living room and bedroom ceiling. This was a reasonable and proportionate response by the landlord because it provided the resident with ways to get her ceilings decorated which included options of her being able to work around having to sign the contractor’s disclaimer.

19. There is evidence of failing as described above in the landlord’s handling of the resident’s request for the lounge ceiling to be painted at her property. However, the Ombudsman considers that the landlord’s final complaint responses, which included an apology, alternative options, as well as £25 compensation to be both a reasonable and proportionate response to resolve this aspect of the resident’s complaint. The landlord’s actions within its stage one and stage 2 response represent reasonable redress, therefore the landlord is not required to do anything further.

The associated complaint.

20. The landlord has a 2-stage complaints process. It will acknowledge a resident’s complaint within 5 working days. It will then provide a written response at stage one within 10 working days and at stage 2 within 20 working days. The landlord will provide a resident with an explanation if it requires more time to respond to a resident’s complaint, at either stage.
21. The landlord’s complaints policy also states that a resident can make their complaints by phone, email, online, or in writing.
22. On 8 February 2023 the resident raised a complaint to the landlord about its handling of her request for the living room and bedroom ceiling to be painted at her property. The landlord provided its stage one complaint response 7 working days later on 17 February 2023. This was an appropriate response and in line with the landlord’s complaints policy as set out above.
23. The resident said she emailed the landlord to escalate her complaint on 22 February 2023. The landlord has said it has no record of this contact and the resident has not provided a copy of the email for this investigation. The Ombudsman, as an impartial arbiter cannot determine whether or not the landlord received the resident’s request to escalate her complaint at that time without evidence of the email.
24. On 24 March 2023 the Ombudsman intervened after the resident contacted us and advised the landlord to provide its final response to her complaint by 24 April 2023. The landlord provided its final response on 24 April 2023. This was 20 working days after the Ombudsman can determine the landlord was aware of the resident’s request to escalate her complaint. This was in line with the landlord’s complaints policy, as well as the Ombudsman’s Complaint Handling Code, (published on our website) which sets out our expectations of landlord’s’ complaints processes.
25. For the reasons described above the Ombudsman finds there was no maladministration in the landlord’s handling of the resident’s associated complaint.

Determination (decision)

26. 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 its handling of the resident’s request for the living room and bedroom ceiling to be painted at her property.
27. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was no maladministration by the landlord in respect of its handling of the associated complaint.

Recommendations

28. The landlord should pay the resident the £25 in compensation that it awarded the resident in its stage one complaint responses if it has not already done so, within 28 days of this report. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.
29. The landlord should communicate with the resident to confirm that the options it set out in its final response letter, remain available to the resident to have her living room and bedroom ceiling decorated. It should do this within 28 days of the date of this report.