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GreenSquareAccord Limited (202206981)

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REPORT

COMPLAINT 202206981

GreenSquareAccord Limited

30 September 2023

 

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:
    1. the resident’s request for replacement windows; and
    2. the subsequent complaint.

Background

  1. The resident occupies a property under an assured tenancy agreement with the landlord that commenced on 6 October 2017. The property is a two-bedroom ground-floor flat.
  2. The resident first reported her concerns with the condition of her windows on or around 11 May 2021. The landlord attended the property twice on 13 May 2021 and 19 May 2021 but could not gain access. The next available entry in the repair log states that the landlord’s contractor surveyed the windows on 17 June 2022, and said they “could not see [two of the windows] lasting much longer” and referred this to the landlord. However, the landlord has not provided any evidence of the outcome of this referral.
  3. On 20 June 2022, the landlord issued a mass letter to the resident’s block that explained that it was having to delay its planned works programme, which included window replacements. It said this was because it had reviewed its priorities for the financial year and needed to focus its efforts on electrical wiring and fire safety checks. It also said that its planned works programme was not expected to be re-engaged for at least 18 months. The resident tried to contact the landlord on at least 3 occasions between 20 June 2022 and 21 July 2022, to convey her concerns about the safety of the windows in her block of flats.
  4. The landlord referred the resident for a callback within 48 hours on 1 August 2022, but the resident did not receive one. The resident requested her complaint be raised formally on 5 August 2022 and the landlord said it would escalate her complaint for a further callback within 48 hours from the relevant team. On 11 August 2022, the resident confirmed the landlord had not returned her calls and requested her complaint be dealt with formally.
  5. The landlord issued its formal response on 1 September 2022 and partly upheld her complaint because of its poor communication. For this, it apologised, offered her £50 compensation, and arranged an appointment to temporarily fix her windows. However, it explained that the substantive issue could not be resolved until the scheduled works were restarted.
  6. The resident was dissatisfied with the landlord’s response and requested an escalation on 5 September 2022. The landlord issued its executive review on 20 September 2022 and did not uphold the resident’s complaint. It said the previous formal response was fair and accurate and there was no further action for it to take.
  7. The landlord has since notified this service that the resident’s windows will be replaced in this financial year (2023-2024) and expects this to be completed in or around October 2023.

Assessment and findings

The landlord’s handling of the resident’s request for replacement windows.

  1. The landlord’s responsive repairs policy states that routine repairs are to be responded to within 28 days. It also states that repairs will be considered based on urgency, risk and statutory responsibility. The resident complained about the gaps and the security of her windows on 4 July 2022, and a further 3 times between 20 June 2022 and 21 July 2022.
  2. The landlord assessed the resident’s windows on 17 June 2022, and its findings were that they “would not last much longer.” It later re-assessed the windows on 13 September 2022 and found that they “were not in bad condition in comparison to some of the other flats.” At the second assessment, the landlord made temporary repairs to adjust the hinges, allowing the windows to close fully.
  3. Both findings suggest that the windows would require replacement soon but did not categorise them as in need of an emergency replacement. The landlord responded to the resident’s immediate concerns about her windows by undertaking a temporary fix. However, this was 71 days after the resident made her report. That was not appropriate.
  4. The Ombudsman considers that the landlord’s decision to repair the windows as opposed to replace them was a decision it was entitled to make. However, there was a service failure because it delayed and did not adhere to the response times in its repairs policy. It is also clear from the evidence that the landlord was not communicative with the resident following her reports. The Ombudsman would expect landlords to have an open and responsive approach to the repairs. Specifically, the Ombudsman would expect landlords to:
    1. to keep residents updated on what repair works were required
    2. when it aimed to complete the repairs
    3. if timescales changed the reasons why and any updated completion dates.
  5. It is not evident that this happened in this case with respect to the repairs – because the resident had to make contact with the landlord and chase for responses.
  6. On 26 June 2022, the landlord wrote to its residents to explain that it was having to delay its planned works programme. It explained why this was and gave a timeframe for when it expected to resume the planned works.
  7. This service notes it is standard practice for landlords to schedule major works, such as window replacements. However, landlords are still expected to carry out window replacements, outside of a major works programme, if that is the only way to complete a full and effective repair based on the condition of the windows.
  8. Social landlords have limited resources and are expected to manage funds responsibly, to the benefit of all their residents. In view of this, landlords are entitled to opt to repair damaged items such as windows rather than replace them. Additionally, this includes the landlord’s discretion to alter the schedule of major works if, after review, other priorities within its stock become more pressing due to statutory responsibilities. As such, the landlord cannot fault the landlord in this case for prioritising the electricity works and offering short-term repairs to the resident.
  9. This service acknowledges the resident’s frustration at not being clear on when the windows would be replaced – but the landlord’s actions were not unreasonable in this case.
    1. The landlord’s handling of the resident’s subsequent complaint.
  10. The landlord’s complaint policy states that where a complaint cannot be resolved at the first point of contact, it will be transferred to an appropriate member of staff to respond to within 48 hours.
  11. The resident complained on 3 occasions between 20 June 2022 and 21 July 2022. The landlord said on 2 occasions that the resident would receive a callback from the relevant team within 48 hours. The resident did not receive a callback on either occasion and had to notify the landlord of this.
  12. The landlord acknowledged this chain of events in its formal responses to the resident. It upheld the resident’s complaint based on its poor communication and apologised, explained the learning from the complaint, and offered £50 compensation to her.
  13. Although there was a clear failure to follow its complaint policy, the landlord acknowledged its failings and tried to apply a suitable remedy. The Ombudsman considers that the landlord’s response was reasonable and proportionate and resolved this part of the resident’s complaint satisfactorily.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was a service failure in the way the landlord handled the resident’s request for replacement windows. This is primarily because of the delay in repairing.
  2. In accordance with paragraph 53(b) of the Scheme, the landlord offered reasonable redress to the resident before the investigation which resolved the resident’s concerns about the landlord’s complaint handling.

Orders and recommendations

Orders

  1. The Ombudsman orders that the landlord must, within 28 days of the date of this determination:
    1. Pay the resident £100 to reflect the delays in carrying out responsive repairs to the resident’s windows.
    2. Update the resident on when the windows are likely to be replaced.
    3. Provide evidence of this payment to this service.