Catalyst Housing Limited (202010183)

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REPORT

COMPLAINT 202010183

Catalyst Housing Limited

31 January 2022


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 response to the resident’s reports of a leak from a neighbouring property and compensation for damaged goods and decorations.

Background and summary of events

Background and policies

  1. The resident is a leaseholder at the property and is subject to the terms and conditions of the lease agreement. The landlord is a housing association.
  2. The landlord operates a two-stage complaints policy, the policy states that the resident’s must be kept updated throughout the complaints process. If the resident made a complaint at the first stage, the landlord should formally respond within 10 working days. If the resident is dissatisfied with the response, the resident can request a review of the landlord’s decision and the landlord should provide a response within 10 working days.
  3. The landlord’s repairs policy outlines the response times for different types of repairs, it aims to attend to non-emergency and routine repairs within 7 days. For more complicated repairs that cannot be finished on the first visit it will arrange a new appointment before the engineer leaves the resident’s home.
  4. Under the lease agreement it is the resident’s responsibility to keep the flat and the fixtures and fittings including appliances in good repair and condition (including decorative repairs).
  5. The landlord’s repairs policy states that residents are responsible for any damage caused by negligence (eg allowing a bath to overflow).
  6. Under the lease agreement the landlord will insure the structure of the premises against loss or damage but it is the resident’s responsibility to insure personal belongings and furniture.

Summary of events

  1. On 7 January 2020, the resident contacted the landlord in relation to a leak from a neighbouring property. He stated that it was coming from the upstairs neighbour’s kitchen who was also a lease holder of the landlord He asked that the landlord attend the property and address the issue.
  2. On 10 January 2020, the resident lodged a complaint with the Local Council about the repairs not being performed at the property. The Local Council advised that it would contact the resident’s landlord about the repairs.
  3. On 14 January 2020, the landlord contacted the resident and apologised for the delay and inconvenience and advised that it had trouble contacting the resident’s upstairs neighbour but it would attend the property that day to fix the leak and make good repairs and have its surveyor confirm completion. The repairs were complete in line with its repairs obligations.
  4. On 2 July 2020, the resident contacted the landlord and reported that further water had entered his property from his upstairs neighbour. He stated that he wanted the landlord to inspect the damage caused to his duvet, bed and carpet and provide compensation. He advised that he would like the issue raised as a formal complaint as it was the second time it had occurred.
  5. On 2 July 2020, the landlord’s contractors attended the neighbouring property and advised the leak was caused by a faulty washing machine and isolated the problem.
  6. On 7 July 2020, the landlord contacted the resident and advised that it would provide a formal response by 20 July 2020.
  7. On 22 July 2020, the landlord issued the resident with its stage one response and apologised that he had experienced another leak at the property. It stated that it had visited the upstairs neighbouring property and found that the leak had come from the neighbour’s washing machine. It advised that it did not supply or fit the white goods in the property and it was the neighbouring resident’s responsibility to repair and maintain the washing machine. It stated that the resident would need to report any damages to his contents insurance and make a claim for damages.
  8. On 23 July 2020, the resident contacted the landlord and advised that the damage to the ceiling and paintwork was not covered by contents insurance and was therefore the landlord’s responsibility. He stated that he held the landlord responsible for the careless manners and attitude of the upstairs neighbour and the damage caused. He asked that the landlord take immediate steps to repair and put right the damage to his bedroom ceiling and walls.
  9. On 27 July 2020, the landlord contacted the resident and stated that it would not be covering the cost of the repairs to his property as it was a result of the neighbour’s washing machine which it was not responsible for. It stated that the washing machine had since been changed so no further leaks should occur. It advised that he could speak to the neighbour to arrange for a repair privately if his contents insurance was unable to provide compensation.
  10. On 30 July 2020, the resident contacted the landlord and advised that its position was unacceptable and would like the matter escalated to a senior member of the landlord’s staff.
  11. On 6 August 2020, the landlord issued the resident with its final review response and advised that it only accepted responsibility for a previous leak as it was due to the piping at the upstairs property and it completed the repair in line with its repair’s obligations. It advised that in relation to the most recent leak it was the fault on the neighbour’s washing machine and as above it would not be carrying out repairs and the resident would need to claim for the repairs on his own contents insurance or on the neighbour’s contents insurance.
  12. The resident advised that he eventually paid the £100 excess and claimed against his insurance for the damage to his property.

Assessment and findings

A leak from a neighbouring property and compensation for damaged goods and decorations.

  1. There had been two separate leaks which originated from the neighbouring upstairs property. The resident raised issues of the leaks on 7 January and 2 July 2020. The leaks led to water entering the resident’s property and causing damage to the bedroom goods and decoration. The impact on the resident would have been unpleasant and it would have caused the resident great distress and inconvenience.
  2. The resident acknowledged that the incidents were individual events caused by separate issues. During the initial leak the landlord took a resolution focused approach and had its plumber and surveyor liaise with the leaseholder and the required works were performed to prevent any future leaks at the property. The works were performed within 7 days in line with the landlord’s repairs policy. Overall, in relation to the first leak the steps taken by the landlord were appropriate and in line with its repair’s obligations. 
  3. It was determined that the second leak on 2 July 2020 was caused due to leaseholder error. The landlord correctly highlighted that the upstairs neighbour was a leaseholder and therefore it was the neighbour’s responsibility to perform the repairs caused by the washing machine leak or provide compensation. It appropriately advised the resident that he could make a claim against his or his neighbour’s insurance for the damage to the property as per the lease agreement.
  4. This s an appropriate avenue to take as long as the resident was compensated for the loss, although not obliged the landlord could have facilitated communications with both parties in order for the issue to be more efficiently resolved. From the evidence provided, it appears that the landlord appropriately liaised with the neighbour and ensured that a new washing machine was installed to ensure that the issues did not reoccur and informed the resident of this. The steps taken by the landlord were appropriate and in line with its obligations under the lease agreement.
  5. Overall, the actions taken by the landlord during both leaks were appropriate and in line with its repairs obligations and it communicated with the neighbour for repairs to be performed and ensure a new washing machine was installed to prevent any future leaks. The landlord was within its rights to inform the resident to seek compensation from his neighbour.

Complaint handling

  1. There was a small failure by the landlord in relation to its handling of the resident’s complaint. The resident made his stage one complaint on 2 July 2020 the landlord advised that it would provide a response by 20 July but provided its response on 22 July 2020. This represents a small two delay however the impact of the failure was low. The landlord’s handling of the resident’s complaint at stage two was approprate and in line with its complaints policy.

Determination (decision)

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of a leak from a neighbouring property and compensation for damaged goods and decorations.

Reasons

  1. The landlord took a resolution focused approach in relation to both leaks from the upstairs leaseholder. It sent its plumber and surveyor out to fix the initial leak inline with its repairs obligations. It appropriately advised the resident that he could make a claim against his or his neighbour’s insurance for the damage to the property as per the lease agreement. It also communicated with the neighbour to ensure a new washing machine had been installed to prevent any future leaks.

Recommendations

  1. That the landlord keeps to timescale outlined in its complaints policy or provides sufficient update to the resident about any delay.