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Network Homes Limited (202206378)

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REPORT

COMPLAINT 202206378

Network Homes Limited

27 October 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 about leaks into her property, and the subsequent level of compensation offered.

Background

  1. The resident is an assured tenant. The landlord is a registered provider of social housing.
  2. The resident first reported a leak from the flat above on 6 December 2021. Following the leak, the landlord agreed to replace the resident’s bedroom carpet and carry out the required remedial repairs.
  3. On 17 February 2022, the resident reported a second leak at around 1:30am. The landlord arranged for its emergency contractor to attend, however, the landlord provided the wrong contact details and so the contractor failed to attend within four hours.
  4. As a result, the resident called the police and the fire brigade to isolate the leak from the above property. The landlord was informed that the fire brigade isolated the leak at around 4:00am. The landlord’s contractors later attended the resident’s property at 6:30am to assess the leak and it subsequently completed repairs.
  5. The resident made a formal complaint on 17 February 2022 as she was dissatisfied with the landlord’s handling of her emergency repair.
  6. The landlord provided its stage one response on 4 March 2022. It acknowledged its failures in handling the emergency leak and apologised. Regarding damage to her property caused by the leak, the landlord advised that it had offered to replace her bedroom carpet as a good will gesture. It also advised that it she wished to claim for damage to other carpets, she would need to make a claim with her insurer.
  7. The resident requested an escalation of her complaint on 7 March 2022. The resident requested compensation and the replacement of the hallway and lounge carpets as a resolution.
  8. The landlord provided its stage two response on 11 April 2022. It reiterated its earlier apology and further agreed to replace all the carpets damaged by the leak. It further advised that compensation would be awarded when all the works were completed. The landlord ultimately awarded £300 compensation.

Assessment and findings

Scope of investigation

  1. The Ombudsman notes that there has been a subsequent leak in June 2022. The landlord has identified the cause of this leak as separate to the leak that was the subject of the complaint.
  2. Paragraph 42(a) of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints which are made prior to having exhausted a member’s complaints procedure. It is not evident that the resident has raised a formal complaint regarding the leak in June 2022. This is therefore outside of the scope of this investigation. The resident should raise a formal complaint in the first instance if she is dissatisfied with the landlord’s response to her reports about the leak in June 2022.

Leak

  1. The Ombudsman notes it is common practice for a landlord to signpost residents to either their own insurers, or to the landlord’s insurer, in instances where there is damage to personal possessions. This would not be considered service failure.
  2. Following the initial leak in December 2021, instead of referring the resident to her insurer, the landlord used its discretion to pay for the replacement of the resident’s bedroom carpet.
  3. The landlord’s repair policy states that emergency repairs will be responded to within four hours, but the action will be limited to making the property safe; for example, by turning off the water supply in the event of a leak.
  4. Following the resident’s further reports of a leak in February 2022, it is not disputed that the landlord’s contractor failed to attend within this timeframe. This would have understandably caused the resident considerable concern, causing her to contact the emergency services as a result.
  5. The Ombudsman notes that the landlord’s contractor did attend later that morning to carry out an assessment and appropriate repairs, however, the earlier distress for the resident had been directly caused by the landlord’s error.
  6. The landlord appropriately acknowledged the resident’s distress in its stage one response, for which it apologised.
  7. Given that there had been damage to other carpets, the resident requested these also be replaced. In its stage one response, the landlord gave her appropriate advice about how to make a claim through her insurer in relation to the other carpets. This approach was reasonable in the circumstances and in line with what the Ombudsman would expect.
  8. Following the resident’s complaint escalation, given that it had previously raised her expectations about using its discretion to replace her carpets directly, the landlord appropriately agreed to replace the additional carpets. This was an appropriate use of the landlord’s discretion and demonstrated a willingness to resolve the complaint.
  9. The Ombudsman notes that the landlord raised various remedial works following the leaks. All the jobs were completed in March 2022, and carpets were replaced on 5 May 2022.
  10. In summary, there was service failure by the landlord for failing to provide correct details to its contractor, which caused an unnecessary delay in emergency circumstances. It subsequently carried out appropriate repairs and used its discretion to attempt to remedy the complaint. It additionally offered £300 compensation, which was in line with this service’s remedies guidance for complaints of this nature.
  11. In the Ombudsman’s opinion, the actions and compensation awarded by the landlord was proportionate to the distress and inconvenience experienced by the resident in relation to the landlord’s failings, which amount to reasonable redress in the circumstances.

Determination

  1. In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

 

Recommendations

  1. The landlord to reiterate its offer of £300 compensation, if this is yet to be accepted by the resident.
  2. The landlord to contact the resident in relation to the leak that occurred in June 2022 to determine if any further action is required.