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Sanctuary Housing Association (202304970)

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REPORT

COMPLAINT 202304970

Sanctuary Housing Association

28 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

  1. The complaint is about the landlord’s handling of the resident’s:
    1. Reports of no heating or hot water.
    2. Reports of outstanding repairs.
    3. Request for a temporary decant.
    4. Associated formal complaint.

Background

  1. The resident is the assured tenant of a 4-bedroom property, owned by the landlord, where she resides with her 4 children. The resident assigned to the tenancy on 24 October 2022 following a mutual exchange. The landlord stated that it had no recorded vulnerabilities for the resident at the time of the mutual exchange, however, became aware of her disabilities and vulnerabilities during the course of her complaint.
  2. The resident raised a formal complaint to the landlord on 30 November 2022, stating that she had been without heating and hot water since 1 November 2022.She had not been provided with temporary heaters until 17 November 2022, and had been promised an electric shower. Her electric bills were “astronomical” due to the failure of the heating system and use of temporary heaters. There had also been failings in the landlord’s service with regard to her mutual exchange. She asked for an update on how it proposed to move forward and requested compensation for its failures.
  3. The landlord acknowledged the resident’s complaint on 14 December 2022 and said it would respond by 29 December 2022.
  4. The resident wrote to the landlord on 2 March 2023 stating that things had “got worse” since her initial complaint. She had conflicting information about what was going to be done and whether she needed to be decanted. Before her complaint was resolved she wanted consideration to be given to an incident whereby her daughter had been taken to hospital. She had endured 16 days of cold temperatures which she attributed to her daughter’s condition and the landlord’s failings.
  5. In its stage 2 response, on 18 May 2023, the landlord apologised for the resident’s experience due to the many problems following the start of her tenancy. It acknowledged that it had been unable to resolve the heating issues until the end of December 2022. It noted that she felt she should have been decanted during the period where she had no heating and hot water. It acknowledged that further works were needed and there were various repairs required. It apologised for its failings and offered £2100 compensation.
  6. The resident remained dissatisfied with the landlord’s response and brought her complaint to this Service. She wanted the landlord to “permanently” fix the heating and complete all outstanding repairs. She wanted compensation for energy bills, distress and inconvenience, and a refund of rent for the period of time the issues were outstanding.

Assessment and findings

  1. In reaching a decision about the resident’s complaint we consider whether the landlord has kept to the law, followed proper procedure and good practice, and acted in a reasonable way. Our duty is to determine complaints by reference to what is, in this Service’s opinion, fair in all the circumstances.

Scope of investigation

  1. In the resident’s correspondence with the landlord, she advised that her daughter had been hospitalised and attributed this to the cold temperatures due to having no heating or hot water. She also advised that her son’s sensory concerns were affected due to the lack of bathing facilities. This Service can consider any inconvenience or distress caused, as a result of any service failures by the landlord. However, it is beyond the expertise of this Service to establish legal liability or whether a landlord’s actions or lack of action had a detrimental impact on a resident’s health, nor can it calculate or award damages. Ultimately this would be a matter for the courts.
  2. On 2 November 2023, the landlord sent a further response and revised its compensation offer to £5271.23, which included the previous £2100 offered in its original stage 2 response.
  3. The resident advised this Service, on 14 March 2024, that she had been visited by a new team who were managing outstanding repairs. She was expecting a further visit by the landlord and a new contractor, to discuss a programme of works to be undertaken along with her outstanding repairs. She had received the landlord’s increased compensation offer but did not believe this covered all aspects of her complaint, or take account of her family’s disabilities and vulnerabilities, in particular her son’s sensory issues which were impacted by the situation.
  4. It is this Service’s remit to assess the landlord’s handling of the resident’s complaint through its internal complaints procedure. This is to ensure that the landlord takes reasonable steps to sufficiently resolve complaints within its 2-stage process. The subsequent offers of compensation have been referred to for context purposes, however, the findings made in this investigation will be based on whether the formal complaint responses provided reasonable redress, up to its stage 2 complaint response on 18 May 2023.

Reports of no heating or hot water.

  1. Under section 11 of the Landlord and Tenant Act 1985 the landlord is responsible to keep the exterior and structure of the property in good order. This includes installations for the supply of water, gas and electricity, sanitation, and to keep in repair and proper working order the installations for space heating and heating water.
  2. The landlord’s repairs policy states that emergency repairs are completed within 24 hours. For all other repairs it will agree an appointment during first point of contact and aims to complete these within 28 days of the agreed appointment.
  3. It is not disputed that there was a delay in repairing the heating system in a timely manner. In its stage 2 response the landlordapologised for the delays and offered compensation for its failings. It also acknowledged that further work was required to the heating system.
  4. When there are failings by a landlord, as is the case here, this Service will consider whether the redress offered by the landlord (apology, compensation, and offer to complete repairs) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, this Service takes into account whether the landlord’s offer of redress was in line with the dispute resolution principles, be fair, put things right and learn from outcomes.
  5. The resident reported having no heating and hot water on 1 November 2022. While the evidence showed that the landlord had attempted to resolve the matter on 4 separate occasions, it was clear that the air source heat pump (ASHP) required a specialised engineer. It failed initially to send an appropriate engineer to resolve the matter, and provide temporary heating until 17 November 2022, leaving the resident without heating and hot water for 16 days. It identified that the ASHP required replacement which was completed on 22 December 2022.
  6. In its response, the landlord apologised for the inconvenience and acknowledged its failure to complete the repairs to the heating system until near the end of December 2022. It acknowledged that the delays experienced were due to additional repairs, specific engineers being required for the type of specialised heating system, delays receiving quotes and approving them, and multiple visits. It had informed its gas operations manager of the issues in order to improve the level of service. It stated that communication could have been better, and it had passed details of the complaint to the relevant manager in order to prevent similar situations occurring in the future.
  7. In its explanation to this Service, the landlord stated that it aimed to provide all of its gas engineers and supervisors with the relevant renewable training, with a view to being able to carry out repairs to these types of systems.
  8. The landlord’s compensation offer considered additional electricity costs incurred by the resident. It offered compensation for her usage of 5 electric heaters for the period 1 November 2022 to 20 December 2022, and 10 March 2023 to 2 June 2023. It also offered a “future impact” payment with an aim to complete further works by 2 June 2023. Its compensation breakdown for heating repairs was as follows:
    1. £300 for the period of 1 November 2022 to 20 December 2022 calculated at 50 days at £6 per day.
    2. £700 toward the use of electric heaters.
    3. £100 future impact payment for further heating works by 2 June 2023.
    4. It also offered £600 for time and trouble (this amount also included outstanding repairs and the resident’s complaint in general).
  9. The landlord’s compensation calculation was confusing as it had stated it would compensate for 2 periods, however, its calculation only related to 1 November 2022 to 20 December 2022. Had it included the second period 10 March 2023 to 2 June 2023 this would have been a further £504, calculated at 84 days at £6 per day. However, it did offer a further £700 toward the use of electric heaters.
  10. The landlord acknowledged its failings, apologised and offered compensation for the inconvenience caused. It demonstrated that it had learnt from the complaint having raised the issues and failings with relevant managers. The landlord’s acknowledgment of its failings, at the time of its stage 2 complaint, and offer of compensation was reasonable in the circumstances. Its compensation offer was also in line with this Service’s remedies guidance. This Service therefore finds that the landlord made reasonable redress to the resident in relation to her reports of no heating or hot water.
  11. The landlord issued a further stage 2 response on 2 November 2023, revising its compensation offer from £2100 to £5271.23. Compensation in relation to the heating, in addition to its previous offer, was as follows:
    1. £262 for loss of enjoyment of her home (This was a 30% reduction in rent from 1 November 2022 to 24 December 2022)
    2. £29 towards the use of leisure facilities for bathing.
    3. £1222.73 towards electricity costs and use of electric heaters.
    4. £150 temporary heater payment between 6 to 20 October 2023.
    5. £50 for the delay in completing the repair originally 2 June 2023, as outlined in its stage 2 response, completed 19 June 2023.
    6. £400 Time and trouble (in addition to the previously offered £600)
  12. The landlord demonstrated that it had listened to the resident’s request for a rent refund for the period she was without heating, had reviewed her electricity bills, and considered its further delays. Its further compensation offer was reasonable and exceeded this Service’s remedies guidance.

Reports of outstanding repairs.

  1. The landlord’s mutual exchange inspection form of 21 September 2022 identified no repairs to the property prior to the exchange taking place.
  2. While the resident did not refer to any specific repairs in her original complaint, the landlord’s records of 3 and 8 November 2022 referred to the resident reporting the bath and radiator being missing from the downstairs bathroom, patio door lock not working, and a draft panel on the front door falling off.
  3. The landlord’s records of 23 December 2022 referred to raising a surveyor inspection. Its records of 17 January 2023 referred to an inspection having taken place on 10 January 2023 which stated as follows:
    1. The floorboards in the bedrooms and landing were broken in multiple places.
    2. The radiator to the hallway was cold at the top and hot at the bottom.
    3. The small bedroom window needed to be overhauled as it drops off the hinge.
    4. The skirting was missing behind the sofa and lounge door needed easing and adjusting.
    5. The downstairs bedroom had metal bolts coming through the ceiling. These would need grinding off as they were welded to a steel RSJ in the ceiling. The plaster work would also need to be repaired once this had been completed. This was as a result of the previous tenant removing the ceiling hoist.
    6. The downstairs bathroom needed a new door frame as the middle part of the frame was missing along with the plasterwork.
    7. The bath was missing which the previous tenant removed on the day of the exchange before the tenant moved in.
    8. The kitchen side doors both had keys missing to the locks which needed replacing.
    9. The worktops were damaged and loose, were broken in places, and needed renewing. An end panel needed adding between the washer and dryer to prevent the worktop from snapping again.
    10. The skirting near the rear door needed removing to check if the plaster was bridging onto the floor.
    11. The rear side of the extension had pointing up that was missing.
    12. The ramp to the rear garden needed the front part removing and rebuilding. It could not be used as it was as the new heat pump was obstructing it.
  4. It was not clear from the evidence when the bath was replaced, however records in March, April and May 2023 referred to the bath still not being replaced. Records for April 2023 also mentioned that repairs were still required to the floorboards.
  5. The landlord’s records of 9 May 2023 referred to raising a high priority inspection to look at the ramp to see if it could be altered due to the ASHP blocking part of the path. On 15 May 2023 the resident had advised again that the ramp was not accessible due to the ASHP blocking it.
  6. In its stage 2 response, the landlord stated that it could see from its records that a surveyor carried out an inspection on 10 January 2023. Following its visit various repairs were required and its surveyor had requested approval of the works. Following review and assessment of the quote an order was raised to its contractor, however, it was “very disappointed” that there were delays with the quote being approved and order being raised. It apologised for the inconvenience and assured the resident that the relevant managers had been made aware of its failings, to be discussed with wider teams in order to improve its service.
  7. The landlord’s compensation offer awarded the resident £100 future impact payment for repairs, with an aim to completing outstanding repairs by 30 June 2023. It also offered £600 for time and trouble (as stated in the previous section of this report which also related to heating repairs and the resident’s complaint in general).
  8. The landlord apologised for the delays in completing the repairs, offered a “future impact” compensation payment, and committed to completing the repairs by 30 June 2023. It also demonstrated that it had learnt from the complaint and raised the matters with relevant managers to review its service. However, it failed to offer proportionate compensation for the delay in completing repairs, with delays of more than 4 months from the date of its inspection. It also failed to acknowledge any detriment due its failure to replace the bath or that the resident was unable to use the ramp due to the ASHP blocking its access.
  9. In its further stage 2 response of 2 November 2023, the landlord stated that it could see the orders raised had not been completed. It was disappointed to hear that its contractor had not attended repairs. It offered further compensation in relation to damage caused by its contractors to the resident’s carpets and bathroom flooring in the amount of £558. It also offered a further £300 for future impact for repairs which were still outstanding. This demonstrated that the repairs remained outstanding, and it had not completed them as outlined in its original stage 2 response.
  10. In the landlord’s explanation to this Service, it stated that garden works were yet to be completed. This related to the damp proof course and damp works. The remedial work to the kitchen worktops was still required. There was plasterboard which required plastering and painting near the bedroom door. It had completed repairs to the door frames and floorboards in January 2024.
  11. While the landlord apologised and offered some compensation, it committed to completing repairs but failed to do so. Some repairs have been outstanding since November 2022. This Service therefore finds maladministration with the landlord’s handling of the resident’s reports of outstanding repairs.

Request for a temporary decant.

  1. The landlord’s decant policy recognises that on occasions, customers may be required to be decanted from their existing property into alternative accommodation. An emergency decant occurs when a situation has arisen which makes the property uninhabitable or unsafe. This can include a specific event such as a fire, flood or breakdown in key services such as heating during the winter. It states that:
    1. Customers will be contacted to arrange emergency accommodation. Care and attention must be paid to potential vulnerabilities.
    2. Property services must complete a risk assessment at the earliest opportunity and within 2 working days. This should illustrate the specific issue and remedies to mitigate the need to decant, if this is not possible the risk assessment must confirm why.
    3. If the levels of works and the risk assessment demonstrate that the customer can reasonably remain in the property, everything possible must be done to accommodate this. Under health and safety requirements, the landlord must provide the customer with access to cooking and washing facilities within a 24-hour period and this must be considered when agreeing this option.
    4. Throughout the decant process it will endeavour to make reasonable adjustments to ensure a households physical, cultural, and dietary needs are being met.
  2. The landlord’s records of 7 November 2022 referred to the resident being vulnerable, with 4 children, who had not bathed in over 6 days. The previous tenant had removed the bath and its engineer had advised that this may have impacted the ASHP as the unit was no longer airtight. The electric shower was not working as it was connected to the ASHP.
  3. The resident contacted the landlord on 10 November 2022 asking for an update. She had no bathing facilities and needed a temporary fix or accommodation. The landlord’s records referred to a possible decant and identified 2 of its schemes that she could potentially use for bathing/shower facilities. It promised to contact the resident the same day to discuss.
  4. The landlord’s records of 14 November 2022 referred to the resident calling for an update. It advised that the shower job could not be completed until the ASHP job was done. Records of 16 November 2022 referred to the ASHP being attended the following day, and the shower could be done once this was completed. Further records referred to the heating and hot water being restored on 21 November 2022 and on 6 December 2022 referred to the resident having full facilities but advising that the water was not coming out strong and warm enough from the shower.
  5. The evidence demonstrated that the heating and hot water failed again, and records of 9 December 2022 showed that the resident had reported this. She stated that the situation was impacting her mental health and there had been a previous discussion about the shower to help with her son’s sensory issues. Further records referred to no heating or hot water on 12 December 2022.
  6. The landlord’s records of 13 December 2022 referred to discussing a decant with the resident, however, she had stated that she did not want to be decanted as this would disrupt the children. She was looking at places for them to bathe until the situation was resolved. Records of the same day referred to contacting the resident to arrange an urgent decant. There had been no heating or hot water since moving in 6 weeks prior, she had been using temporary heaters and using leisure facilities to bathe the children. Records of 14 December referred to the decants team who “were supposed to have contacted her this morning” and the resident being “very distressed”.
  7. The landlord’s records of 16 December 2022 referred to the resident having no heating or hot water. It referred to Christmas getting closer and, although the tenant had no heating or hot water for 6 weeks, it had not been made aware of the arrangements, leisure passes and temporary heaters. It was asked to look at decant due to tenant no longer being able to afford the passes. It had offered to help pay the passes moving forward to help prevent a decant. To move forward with a decant it required the forms and an update on who was taking responsibility for the repair.
  8. In the resident’s complaint she stated that she had been promised an electric shower to try and get hot water but was then told this could not be done. She was promised various solutions, such as travel 10 miles to use one of the landlord’s scheme showers and fuel money, to then be advised this was no longer the case. She had been advised to use leisure facilities and save receipts to be reimbursed.
  9. In its stage 2 response the landlord noted that the resident felt she should have been decanted whilst without heating and hot water. Its records showed that the housing team had discussed this with her and that she had concerns about the location of alternative accommodation meeting the specific needs of her family and pets. It could see that its housing team arranged for leisure centres so that she and her family were able to bathe. It apologised for the disruption it caused.
  10. This Service acknowledges that it can be difficult for landlords to locate suitable alternative accommodation at short notice, and that the situation would have been distressing for the resident with 4 young children. It was clear from the evidence provided to this Service, that a decant had been discussed with the resident and the potential use of the landlord’s schemes for bathing. It is not known why the landlord decided not to offer the use of its schemes or why it withdrew this offer.
  11. While the landlord states that the resident declined a decant, due to her concerns about location, it failed to comply with its decant policy. No evidence was provided to this Service that a risk assessment was completed in line with the landlord’s decant policy. It did not provide a temporary solution to bathing facilities, as outlined in its policy, within 24 hours of the failure of the heating and hot water system. It failed to consider alternative options such as a hotel. It did not give due regard to the household’s circumstances or health vulnerabilities. This Service, therefore, concludes that a finding of maladministration is warranted.

Associated formal complaint.

  1. The landlord operates a 2-stage complaints process. Complaints are acknowledged within 3 working days. Stage 1 complaints are responded to within 10 working days and stage 2 complaints within 20 working days.
  2. The resident raised her complaint on 30 November 2022. This was acknowledged by the landlord on 14 December 2022 where it stated it would respond by 29 December 2022. It acknowledged the complaint 14 working days after the resident raised her complaint and 11 days later than its complaints policy timescale.
  3. The landlord failed to respond by 29 December 2022 and in an email on 23 January 2023, stated that it would provide a response by 20 February 2023. It then stated that it required an extension till the 6 March 2023 to respond. The resident chased for a response on 6 March 2023, however, it failed to respond at stage 1 of its complaints process.
  4. The evidence showed that the resident had chased a response to her complaint on a number of occasions without success. Following the intervention of this Service, the landlord provided a stage 2 response on 18 May 2023, 169 working days after the resident raised her complaint, and 149 working days outside of its complaint policy timescale.
  5. In its stage 2 response, the landlord offered compensation for the length of time the complaint had been ongoing in the amount of £100, and a further £200 for its delay in sending a response.
  6. In a further response, in November 2023, it offered a further £200 compensation for its complaint handling.
  7. While it apologised and offered compensation, it failed to demonstrate how it had learnt from the complaint or how it would address its delays in complaint handling in the future. It also failed to address some of the resident’s concerns, outlined in her original complaint, such as her experience of the mutual exchange process and being charged incorrect rent from the outset.
  8. For the reasons set out above, this service finds maladministration in the landlord’s handling of the resident’s complaint. Its compensation offer, of £300, at the time of its original stage 2 response was reasonable and in line with this Service’s remedies guidance. Therefore, no further orders are made in relation to compensation.

Review of policies and practice

  1. The Ombudsman has found maladministration (including severe maladministration) following several investigations into complaints raised with the landlord involving request for repairs. As a result of these, a wider order was issued to the landlord under paragraph 54(f) of the Scheme. This is for the landlord to review its policy or practice in relation to the service failures identified, which may give rise to further complaints about the matter.
  2. The landlord was ordered to carry out a review, within 12 weeks of its practice in relation to responding to repairs requests, identifying the needs of residents, and complaint handling. Some of the issues identified in this case are similar so the learning from this complaint should be incorporated into the wider reviews, ordered as part of cases 22224898 and 202216547. In addition to this, we have not made any orders or recommendations as part of this case, which would duplicate those already made to landlord as part of the wider order.

Determination

  1. In accordance with paragraph 53(b) of the Housing Ombudsman Scheme (the Scheme) the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, resolves its handling of the residents reports of no heating and hot water.
  2. In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in relation to its handling of the resident’s:
    1. Reports of outstanding repairs.
    2. Request for a temporary decant.
    3. Associated formal complaint.

Orders and recommendations

  1. The landlord is ordered to pay the resident £800 broken down as follows:
    1. £450 for distress and inconvenience in relation to the landlord’s handling of the resident’s reports of outstanding repairs.
    2. £350 for distress and inconvenience in relation to the landlord’s handling of the resident’s request for a temporary decant.
  2. Within 4 weeks of this determination the landlord must provide evidence of its compliance with the above orders.
  3. Within 8 weeks of this determination the landlord is ordered to carry out an independent survey of the resident’s home to establish any outstanding repairs. A copy of its findings is to be provided to both the resident and this Service, along with timescales for any identified repairs to be completed.

Recommendations

  1. The landlord should consider how it carries out mutual exchange inspections to ensure that any remedial works or repairs are identified at the earliest opportunity.