Aster Group Limited (201912210)

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REPORT

COMPLAINT 201912210

Aster Group Limited

24 December 2021


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 window repairs at the property and the amount of compensation offered.

Background and summary of events

Background

  1. The resident is an assured shorthold tenant of the landlord at the property, a one–bedroom flat. The resident is subject to the terms and conditions contained in the tenancy agreement. The landlord is a housing association. The resident has emotionally unstable personality disorder (EUPD).
  2. The landlord operates a two-stage complaints policy. The policy requires that the complainant is kept updated throughout the complaints process. If the resident makes a complaint at the first stage the landlord will provide a written response within 10 working days. If the resident is dissatisfied with the response they can request a review of the decision and the landlord aims to provide a response within 20 working days.
  3. Under Section 2 of the tenancy agreement the landlord agrees to keep in repair the structure and exterior of the premises including ‘windowsills, window catches, sash cords and window frames including necessary outside painting and decorating’.
  4. The landlord’s adaptation policy states that it will carry out adaptations to properties following an assessment of what is reasonable and practical to adjust, and not undertake major adaptations before receiving an assessment from an Occupational Therapist (OT). It will take customers views about works into account throughout the process, and keep customers notified and updated on the progress of any works.
  5. Under the landlord’s repairs policy it aims to perform routine repairs at the property within 28 days of them being reported by the resident.
  6. The landlord’s compensation policy allows for compensation payments in the form of a goodwill gesture for inconvenience and distress where a service failure has been identified.

Summary of events

  1. On 31 October 2019, the resident contacted the landlord and made a complaint in relation to an issue with cold drafts from her two lounge windows. She advised that she had taped them up in order to stop the draft coming through.
  2. On 15 November 2019, a specialist window company completed an inspection and reported the windows were in a good state of repair and operating as designed. The contractors checked for draughts and indicated that the windows were performing correctly. The report noted that the taping on the windows had made them more difficult to open. It stated that it investigated the seals and found them to be in good condition and considered the installation of thicker seals but concluded that it would make the windows impossible to open.
  3. On 4 December 2020, the resident advised the landlord the draft was not coming from the windows but one of the heaters blowing cold air. The landlord arranged an emergency appointment for it to be fixed but upon the operatives visit it was determined that the draft was not coming from the heater.
  4. The landlord advised the resident that an OT report would be required in order to establish how best to provide an adaptation that would enable the resident to open the windows easily. It stated that it did not believe that replacing the windows would be the right approach as it would take a long time and it would need to have them ordered, measured, checked out with the planning authority, measured and installed. Furthermore, because over time the resident might find the new windows difficult to open, whereas the implementation of a mechanical opening mechanism might provide a better solution.
  5. On 28 January 2020, a mould survey was carried out at the property and it was reported that there were no property defects and the apparent areas of mould were actually the black lining of the rugs breaking up onto the floor.
  6. On 7 February 2020, an OT assessment was carried out at the property and the landlord advised that it would implement the proposed solution from the OT report as soon as possible. The works included to replace the two existing sash windows in the living room with two new windows, with an easy open and shut lever handle and air vents that can be shut or opened.
  7. On 25 February 2020, the landlord and the contractor attended the resident’s property and performed a survey and provided a quote for the windows. The contractor indicated that it would take approximately 6 weeks to manufacture the windows and it would attend the property in mid-March to complete the final measurements.
  8. In March 2020, the country went in its first lockdown due to COVID- 19 and the final measurement for the windows were not completed due to the resident’s need to shield and isolate. The resident contacted the landlord in June 2020 and advised that she was still feeling unwell and asked for any visits from the window contractor to be put on hold for at least another month.
  9. In early July 2020, the landlord assisted the resident with the moving of furniture to enable the windows to be fitted at the property due to the resident’s health.
  10. On 6 August 2020, the window contractors performed their final measurements so that the windows could be manufactured. In October 2020, the resident made a complaint about the time taken and that the windows should have already been manufactured. The contractor advised that due to the pandemic there had been a significant delay in the manufacturing times and apologised for the frustration caused.
  11. On 6 November 2020, the contractor fitted and installed the new windows at the property. The resident contacted that landlord on 9 November 2020 and made a complaint that the contractor failed to hang the blinds properly which allowed light to enter the property.
  12. In December 2020, the resident spent a period in hospital due to ill health. On 8 January 2021, the contractor reattended the resident’s property and the blinds were refitted into the window recess.
  13. On 19 February 2021, this service contacted the landlord and asked it to provide a formal complaint response to the resident in relation to window repairs at the property.
  14. On 3 March 2021, the landlord contacted the resident and advised that a final response would be issued no later than 15 March 2021.
  15. On 9 March 2021, the landlord issued the resident with its stage two final complaint response and gave a detailed history of events and addressed the following:
    1. It accepted that it had taken some time to resolve the issues with the windows at the property. It advised that the delay was due to the need to perform the required due diligence using a surveyor and OT in order to ensure that the right action was taken and the job was performed properly. It acknowledged the further delay due to Covid-19 and the blind error and apologised that it took so long to reach a final conclusion. The landlord offered the resident £250 in recognition of the delay and any inconvenience caused.
    2. It advised that there had been extensive communication with the resident by a number of its staff. It acknowledged that there were slight delays in responding to emails whilst staff were on leave however overall, it responded to emails and calls in a timely way.

Assessment and findings

  1. The resident raised a complaint in relation to a draft coming from windows at the property on 31 October 2019. The landlord had an obligation under the tenancy agreement to perform the required repairs and it took a resolution focused approach and had a speciality window contractor attend the property. The contractor determined that the windows were in a good state of repair and performing to specification, it noted that the taping on the windows had made them more difficult to open. The actions taken by the landlord were approprate and in line with its repair’s obligations.
  2. The resident made further reports on 4 December 2019 that the draft was not coming from the windows but one of the heaters blowing cold air. The landlord appropriately arranged for an emergency heating specialist to attend the resident’s property and it was determined that the draft was not coming from the heater. The landlord took a resolution focused approach and advised that an OT report would be required in order to establish how best to provide an adaptation that would enable the resident to open the windows easily and fix the draft issue. The steps taken by the landlord were approprate at the initial stage to try and address the draft issue at the property.
  3. In February 2020, an OT assessment was carried out at the property and the landlord appropriately informed the resident that it would implement any proposed solutions in line with its OT policy. On 25 February 2020, the landlord and specialist contractor attended the property and performed a survey and provided a quote for the windows in line with the recommendations from the OT report. The contractor reasonably informed the resident that it would take six weeks to manufacture the windows and it attend the property in mid-March to complete the final measurements. The steps taken by the landlord were approprate to complete recommendations from the OT report.
  4. It is clear from the evidence provided that there were extensive delays to the repairs of the windows at the property due to the national Covid-19 restrictions. The landlord provided evidence that there were delays with the manufacture and installation of the windows as a direct result of the Covid-19 lockdown. The landlord’s obligation to complete the works does not change however from the evidence provided the restrictions have prevented it performing its obligation in this situation. The resident contacted the landlord in June 2020 and advised that she was still feeling unwell and asked for any visits from the window contractor to be put on hold for at least another month which further contributed to the delay.
  5. In early July 2020, the landlord took a resolution focused approach and helped the resident move furniture in preparation of the installation of the window. On the 6 August 2020, the contractor attended the resident’s property and took the required measurements so the window could be manufactured. Considering that the landlord attended the property in early July 2020, it would have been reasonable to expect that the contractor could have taken the measurements before August 2020 in order to expedite the installation process. The windows were not installed at the property until 9 November 2020 which represented a further 6 week delay however the landlord and the contactor were in contact with the resident during this period and attended to fix an issue with the blinds. The delays at this stage of the complaint were not approprate or inline with the landlord’s repairing obligations.
  6. However, the landlord acknowledged its failure in its stage two response and appropriately apologised for the distress and inconvenience caused to the resident. It offered the resident £250 compensation in the form of a goodwill gesture. Given the circumstances of the case the amount of compensation offered by the landlord reflects the Ombudsman’s experience of similar cases across the social housing sector and was appropriate to remedy the landlord’s delays and failures.

Determination (decision)

  1. In accordance with paragraph 55(b) of the Housing Ombudsman Scheme the landlord has offered reasonable redress to the resident which, in the Ombudsman’s opinion, resolves the complaint satisfactorily with respect to its handling of window repairs at the property and the amount of compensation offered.

Reasons

  1. The landlord took a proactive approach in the initial stage of the investigation in line with its repairs and adaptation obligations. There was a significant delay in the later part of the complaint which caused the resident noted distress and inconvenience. It is accepted that some of the delays were related to Covid-19 however the landlord offered an apology in relation to it failure and £250 compensation which was appropriate to remedy its failure.

Recommendations

  1. If it has not already been paid, the landlord should reoffer the resident the £250 compensation.