Clarion Housing Association Limited (202003359)

REPORT

COMPLAINT 202003359

Clarion Housing Association Limited

16 December 2020

Our approach

Under our Early Resolution process, the Ombudsman works with residents and landlords to explore the issues in dispute, identify matters that remain outstanding (and the outcomes being sought) and assist in reaching an agreed settlement.

The complaint

1. The complaint is regarding the level of compensation offered by the landlord following acknowledged service failures relating to a boiler repair.

Determination (decision)

2. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

3. On 4 June 2020, the landlord issued its final response to the resident and acknowledged that:
   1. There had been a delay in repairing the resident’s boiler.
   2. There had been 3 appointments missed by its contractors.
   3. The resident had been left without hot water and heating for a period of 25 days.
4. It offered £275 in compensation for the missed appointments, delayed repairs and time without hot water and heating.
5. On 20 July 2020 the resident’s representative contacted this Service. They advised that the resident was seeking a higher amount of compensation due to additional costs he incurred by seeking legal advice (£60) and booking into a hotel for 3 nights when he considered his property to be uninhabitable (£159). The total amount of compensation the resident was seeking was £494.
6. After further correspondence, this Service contacted the resident’s representative on 4 August 2020, advising that the resident would need to wait 8 weeks from the landlord’s Final Response unless there was a referral to this Service by a Designated Person.
7. On 26 August 2020 the resident’s representative again referred the case to this Service. In a telephone conversation, this Service offered to contact the landlord and propose an Early Resolution. On 27 August 2020, this Service contacted the landlord to propose an Early Resolution and ascertain whether the landlord would consider offering further compensation to the resident.
8. The landlord responded to this Service on 21 September 2020 and advised it was willing to make a further £100 discretionary offer of compensation to reflect that there had been a 3-month delay in responding to the resident’s complaint at the second stage. The overall compensation offered was now £375.
9. On 2 December 2020, this Service contacted the representative and made them aware of the landlord’s increased offer. The resident’s representative responded to this Service on 7 December, advising that the resident was still seeking further compensation and sought to enquire whether the £375 was an offer in addition to the resident’s reimbursement request for the hotel accommodation (£159) and solicitor’s fee (£60).
10. On 10 December 2020 this Service contacted the landlord to clarify the above and confirm whether the compensation offer of £375 was its final offer.
11. Following the later intervention by this Service, the landlord confirmed on 11 December 2020 that it was willing to further increase its compensation offered to £495. Thereafter, the resident’s representative confirmed that the increased compensation resolved the complaint to the resident’s satisfaction. Therefore, this Service is satisfied that in accordance with paragraph 55(c) of the Housing Ombudsman Scheme, the landlord has (by agreeing to increase the compensation to £495) taken action to remedy the matters raised which resolves the complaint satisfactorily.

Recommendation

12. The landlord should, if not done so already, arrange payment of the agreed compensation (£495) at the earliest possible opportunity.