Clarion Housing Association Limited (201915325)

REPORT

COMPLAINT 201915325

Clarion Housing Association Limited

20 September 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

This complaint is about the landlord’s handling of:
1. The replacement of tiles in the resident’s kitchen.
2. Works to the resident’s garden and fence.

Background and summary of events

The resident is an Assured tenant of the landlord. The resident’s tenancy agreement has not been seen by this service, however, the resident has advised in correspondence that she and her husband have lived at the property for approximately 48 years. The resident has also advised this service that she is registered disabled and that her husband is unwell and in a nursing home.
On 27 February 2020, the landlord wrote to the resident regarding her complaint about replacement tiles to her kitchen, which it said it had received on 6 February 2020. A copy of the resident’s complaint has not been seen by this service. The landlord noted the resident had request that all the tiles in her kitchen be replaced as they had been there for many years. In its response that:
1. Its Responsive Repairs Area Manager had advised that the current tiles in the kitchen were of a good condition and that only the cracked or broken tiles would be replaced with a standard white tile. The landlord noted that it had discussed the style and patter of the resident’s current tiles but that it was unable to match them due to the length of time they had been in the property.
2. The resident had agreed for the broken tiles to be replaced with standard white tiles and an appointment had been scheduled for 25 February 2020.
3. The resident had made contact to say that she had missed the appointment on 25 February 2020 and that a new appointment had been scheduled for 5 March 2020.
On 14 August 2020, the landlord contacted this service to say that it had spoken to the resident regarding the works to replace her kitchen tiles. The landlord said that due to the Covid19 lockdown, it was unable to finish the work and that the resident’s complaint would be reopened to ensure the works were completed.
On 27 August 2020, the landlord provided the resident with further response to her complaint. The landlord confirmed that it had been agreed in its previous complaint response in February 2020 that it would replace the cracked tiles in the resident’s kitchen. The works were completed on 29 July 2020. It would not replace the existing tiles as there was nothing wrong with them and therefore did not warrant replacement. The landlord said that if the resident was dissatisfied with its response, she would need to confirm this in writing within 20 working days to escalate her complaint to the next stage.
On 28 October 2020, resident wrote to this service. The resident said that the landlord had put white tiles around her cooker and along the window sill but had not finished the job, and the tiles had not been grouted. The resident provided this service with a letter she had received from the landlord acknowledging her complaint, dated 6 October 2020.
On 8 December 2020, the landlord issued a stage one response to the resident’s complaint about the unfinished tiling works. The landlord offered the resident £50 compensation due to the length of time it had taken to provide the resident will a full response. The landlord:
1. Noted that the resident had been waiting since July 2020 for its tiling contractor to return to her property and finish the grouting for the tiles which were fitted to replace damaged ones on 6 July 2020.
2. Acknowledged that the resident had contacted it on 17 August 2020 and it did not appear that any follow up appointment had been booked in.
3. Said that this had now been done and an appointment booked for 18 December 2020.
4. Advised the resident that if she was dissatisfied with its response, she would need to confirm this in writing within 20 working days to escalate her complaint to the next stage.
The resident wrote to this service on 19 March 2021 to say that, on 26 February 2021, it had been agreed that the landlord would clear her overgrown garden and finish the white tiles off in her kitchen but this had not been done. The resident said that she phoned the landlord and was told an inspector would visit her property on 1 April 2021 to look at her garden and the tiles. The resident said that the stress was making her very ill.
On 8 April 2021, the resident wrote to this service to advise that a further visit had taken place that day and now the landlord was saying it would look into a one off discretionary clean of the garden, to address the issue of the fence and to finish the tiling to the kitchen.
On 12 April 2021, landlord issued a stage one response. With regards to the tiling in the kitchen, the landlord said that its Area Manager had scheduled to visit the resident’s property on 8 April 2021 to assess, amongst other things, the grouting and tiling in the kitchen. With regards to the maintenance of the resident’s garden, the landlord said that it had removed trees and reduced bushes to acceptable levels where only the hedges and grass would need to be maintained. The landlord noted that it had tried to make contact with the resident on 29 March and 6 April 2021 but had been unable to speak to her. However, in recognition of the delay in it providing its response, the landlord offered the resident £25 compensation.
The landlord was advised by this service of the resident’s dissatisfaction with its response of 12 April 2021 and request that her complaint be escalated. The landlord confirmed to this service that this had been done on 13 May 2021. When the resident forwarded the landlord’s stage one response to this service she noted that the garden clearance had been done and had asked that the landlord finish the tiling in her kitchen.
The landlord issued its final response on 22 June 2021. The landlord referred to contact with this service on 13 May 2021 and said that a customer solutions coordinator had spoken to the resident on 1 June 2021.
1. With regards to the resident’s garden, the landlord:
  1. Referred to historical assistance it had provided with regards to the resident’s garden.
  2. Said that it was aware that the resident was experiencing difficulties maintaining her garden and had approved a one off clearance, which it said had been attended on 16 June 2021.
  3. With regards to the fencing, the landlord said that according to the resident’s tenancy agreement she was responsible for maintaining any fencing or garden walls that border the garden or yard of her home.
  4. If the resident would like support to access any available services, to let the landlord know.
2. The landlord’s response made no mention of the kitchen tiles.
On 10 and 24 July 2021, the resident wrote to this service confirming that the landlord had done the one off clearance of the garden and put up a boundary fence. The resident said that the white tiles to the kitchen however remained outstanding as the landlord had only done half and the other half were all chipped, broken and dirty.

Assessment and findings

Under Section 11 of the Landlord and Tenant Act 1985 the landlord is responsible for keeping in repair the structure and exterior of the property. The landlord is also responsible for keeping in repair and proper working order the installations in the property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity),
The landlord’s website also confirms that it is responsible for repairs to wall tiles in kitchens.
The landlord’s Repairs and Maintenance Policy states that appointments for non-emergency repairs will be offered within 28 calendar days of the repair being reported.

Replacement tiles.

Having recognised its responsibility to repair the cracked and broken wall tiles, the landlord would be expected, in accordance with its Repairs and Maintenance Policy to offer an appointment for the repair within 28 calendar days.
It is unclear from the evidence when the resident first asked for the tiles in her kitchen to be replaced. However, it is clear that by 6 February 2020, the resident had expressed her dissatisfaction with the landlord’s response to that request.
By the time of its response on 27 February 2022, 21 calendar days after the resident’s complaint, the landlord had arranged for the broken tiles to be replaced, however, the appointment arranged for 25 February 2020 was missed by the resident and so a new appointment was made for 5 March 2020.
Evidence seen by this service of the landlord’s response to a later complaint indicates that an operative attended to assess the works required, as planned on 5 March 2020, and an appointment was made for the works to be completed on 19 March 2020. However, this appointment was cancelled by the resident. Further appointments were then made for 27 March, 22 June and 2 July 2020 but the operatives were unable to gain access. An operative attended on 6 July 2020 and completed some re-tiling but was then unable to gain access on 22 and 27 July 2020. The landlord noted that it had continued to raise jobs for the tiles to be completed between 18 January and 1 March 2021, when an operative attended to complete the works.
Overall, it took the landlord over a year to complete the works it had agreed to do. This was not a reasonable length of time for the resident to wait to have the broken and cracked tiles replaced and it is understandable that this would have caused her distress and inconvenience, particularly given her vulnerabilities and her caring responsibilities for her husband who was unwell and living in a care home.
The evidence indicates that the landlord did take steps to seek access to complete the works it had agreed to and that on numerous occasions it was unable to gain access to carry out the works. However, I am not satisfied that the lack of access alone sufficiently explains the length of time it took the landlord to complete the works. The landlord also did not explain, nor has this service seen evidence, with the exception of it saying that it had made an appointment on 18 December 2020, as to what steps it had taken to gain access between 27 July 2020 and 18 January 2021, a period of almost six months.
The landlord has therefore been ordered to apologise to the resident and pay her £200 compensation for the length of time it took to complete the replacement of the tiles it had agreed to in February 2020.
Whilst the resident was clearly distressed and upset about the length of time it had taken the landlord to replace the cracked and broken tiles, her main concern was that the landlord had only agreed to partially replace the tiles rather than replacing them all.
Whilst it is understandable that the resident would like all her tiling replaced, the tiles being a number of years old and the new tiles not matching, the landlord was under no obligation to do so. It was obliged to replace the broken and cracked tiles, which it sought to do, but was not obliged to replace tiles that were not damaged in any way.
That said, in its response on 26 October 2021 to a later complaint by the resident the landlord has said that further tiling was to be completed on 28 October 2021, following its work to reconstruct a wall following home improvements by the resident’s husband.

Works to the resident’s garden and fence.

Whilst a copy of the tenancy agreement has not been seen by the service, in general tenants are expected to be responsible for the maintenance of their gardens.
Nevertheless, the landlord’s Tenancy Management Policy also states that where a resident is unable to maintain their garden because of ill health, frailty or disability it will work with the residents to explore options for obtaining support and assistance to help them fulfil their tenancy obligations. At the discretion of the relevant Head of Service, the landlord will undertake or arrange for necessary one-off works such as tree works or garden clearances, and exempt the vulnerable tenant from any re-charges.
Given the vulnerability of the resident it was appropriate for the landlord to agree to clear her overgrown garden, which the resident advised this service on 19 March 2021, the landlord had agreed to on 26 February 2021.
By 8 April 2021, a further visit had been carried out by the landlord. The resident was clearly concerned, as expressed in her letter to this service, that the landlord was then only looking into a one off discretionary clearance and addressing an issue with her fence. However, by the time of the landlord’s Stage one response of 12 April 2021, the garden clearance had been done.
It took approximately 42 days from the landlord agreeing to clear the resident’s garden and it completing the works. Given that these were discretionary works and not something the landlord was obliged to do, this was not an unreasonable amount of time for the resident to wait for the works to be completed. The landlord decision to exercise its discretion in this case also shows that the landlord had both recognised the vulnerability of the resident and sought to comply with its Tenancy Management Policy.
Having not had sight of the resident’s tenancy agreement, it has not been possible for this service to take a view on the accuracy of the landlord’s statement in its final response on 22 June 2021, when it said that the resident was responsible for maintaining any fencing or garden walls that border the garden or yard of her home. However, what it clear is that whilst that may have been the case, the landlord again recognised the vulnerability of the resident and sought to comply with its Tenancy Management Policy, and put up a boundary fence in her garden.
I am therefore satisfied that there was no maladministration by the landlord with regards to its handling of works to the resident’s garden and fence.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of replacement of tiles in the resident’s kitchen.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of Works to the resident’s garden and fence.

Reasons

Whilst the landlord did take steps to seek access to carry out the works it had agreed to, the lack of access alone does not sufficiently explain the length of time it took the landlord to complete those works. The landlord has also not explained, with the exception of it saying that it had made an appointment on 18 December 2020, what steps it had taken to gain access between 27 July 2020 and 18 January 2021, a period of almost six months.
Whilst, in general, the resident would be expected to be responsible for the maintenance of her gardens, as she was vulnerable and unable to carry out the works herself, the landlord took timely and appropriate steps to ensure that her garden was cleared and a boundary fence installed in accordance with its Tenancy Management Policy.

Orders

That within 28 days of the date of this determination the landlord is to apologise to the resident and pay her £200 for the length of time it took to complete the replacement of the tiles it had agreed to in February 2020.
The landlord is to confirm to this service that it has complied with this order.