Optivo (now Southern Housing) (202119517)

REPORT

COMPLAINT 202119517

Optivo (now Southern Housing)

24 January 2024

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 the resident’s reports of several repair issues in the property.

Background

2. The resident is an assured tenant of the landlord, living in a flat.
3. The landlord’s repair records show several work orders were raised between 19 February 2021 and 9 August 2021 to inspect and make good external cracks in the building. Further work orders were also raised on 8 April 2021 to inspect damp in the property, on 28 April 2021 to renew the bathroom flooring, and on 15 November 2021 to clear the bathroom manhole.
4. The resident contacted this service on 23 November 2021 as she said the poor condition of the property had impacted her mental health. She said repairs had been done to a poor standard and she was unable to decorate as a result. She wanted the landlord to complete the outstanding repairs and award compensation. This service contacted the landlord, and it raised a complaint.
5. In the landlord’s stage 1 response on 21 February 2022, it said following investigation it found:
   1. The bathroom was remodelled, and a manhole was boarded off, which caused smells and flies. The resident was unable to access the area to clean. It would raise an order to address the flies.
   2. The manhole within the bathroom had been re-laid and was not even.
   3. A redundant double switch in the kitchen had not been removed.
   4. Damp works were completed, and the resident decided to redecorate herself.
   5. The resident said the property was not watertight and it had completed extensive works to resolve the problem.
   6. It had attended several appointments regarding the drainage issues. It had requested for another CCTV survey to be completed.
   7. The resident reported the fence was damaged by the scaffolders. An appointment had been booked for 24 February 2022.
   8. It would raise all the jobs to be completed as soon as possible.
   9. It offered £100 compensation for not completing the works, £50 for kitchen repairs not being completed properly and £100 for the inconvenience caused.
6. The resident escalated her complaint on 1 March 2022. She said the external works to the property were not completed satisfactorily as cheap materials were used and the contractor left a trip hazard on the stairs. She reported that the external light switch needed to be repaired on 30 December 2020 and it was still outstanding. The manhole cover was changed, and she was left without flooring for a few weeks, and when it was repaired it was not laid properly so was a trip hazard. She also said there was an issue with flies in the bathroom and the works to the fence were outstanding. She asked for another survey to be raised and for additional compensation.
7. In the landlord’s final complaint response on 20 May 2022, it stated:
   1. It had completed an inspection on 4 May 2022 and identified several repairs.
   2. It apologised for the smells and flies from the external manhole cover. A contractor had inspected the void space on 19 May 2022 and recommended a CCTV drain survey, to install a double seated bolt down on the manhole cover, and an interceptor cap to the rodding eye. The works would be completed by 27 May 2022. It would also install an airtight, sealed access door to open out towards the void space by 10 June 2022.
   3. It identified the following repairs, which would be completed by 10 June 2022:
      1. Repair the manhole cover in the bathroom.
      2. Repairs to the bay windows.
      3. Replace the blown tiles and the extractor fan in the bathroom.
      4. Repair the damaged plaster behind the radiator.
      5. Repair the loose joint, secure the vent pipe, and tidy the downpipe and gully front at the rear of the property.
      6. Seal the gaps and repair the rendering on the steps.
      7. Make good the gaps along the asphalt flashing steps and landing areas.
      8. Make good or replace the damaged gate post.
      9. Make good the cracked front wall render.
   4. Tree surgeons would remove the ivy plant and repair the damaged fencing on 23 May 2022.
   5. It apologised that the contractor did not call back to arrange the descaling works.
   6. It had mutually agreed with the resident that it would address compensation once the repairs were completed.
   7. It had learned from the outcome of the complaint that post inspections were required to ensure work is completed to an acceptable standard. It also identified that its communication required improvement to keep the resident updated on the progress of the works.
8. In the resident’s complaint to this service, she said the repairs to the exterior of the property remained outstanding and the works had been completed to a low standard. She said the landlord had offered £450 compensation. She wanted the works to be completed and additional compensation for the distress and inconvenience caused.

Assessment and findings

9. In accordance with the tenancy agreement, the landlord is responsible for maintaining the structure and exterior of the building. The landlord’s repairs policy states that it is responsible for repairs to outside pipes, outside walls, painting and decorating required outside, window frames, steps, access points it owns, flooring, and installations for sanitation. The policy also states, “we aim to complete all repairs in one visit and certainly want it to take as little time as possible”. Although it does not specify a timeframe for the works, routine repairs should generally be completed within 28 calendar days.
10. It is vital that landlords keep clear, accurate and easily accessible records to provide an audit trail. If we investigate a complaint, we will ask for the landlord’s records. If there is disputed evidence and no audit trail, we may not be able to conclude that an action took place or that the landlord followed its own policies and procedures. In line with best practice, the landlord should record when the repair issue was initially reported, when appointments were attended, details of the repair works and the date the repair was completed. In this case, there are instances where such information is missing, so it is unclear whether the landlord acted reasonably, and this will be noted where appropriate.
11. Prior to the complaint being raised, the resident reported several repair issues, including external cracks in the building, damp in the property, and repair issues to the bathroom flooring and manhole. As the reported repair issues fell within the landlord’s remit of responsibility, it should complete the work within a reasonable timeframe. It is evident that the landlord acknowledged the reports and arranged the required repairs. 
12.  The repairs to the bathroom manhole remained outstanding at the time of the landlord’s stage 1 response on 21 February 2022, 3 months after the resident initially raised her concerns. The complaint response also notes that the resident said the property was not watertight and it had completed extensive works to resolve the problem, which appears to relate to the previous repairs to the cracks in the exterior of the building. In the case of both repair issues, insufficient evidence has been provided to determine whether the landlord had taken appropriate action to complete the works in full within a reasonable timeframe. There are also no correspondence records to confirm whether the landlord kept the resident updated on the progress of the works, provided reasons for any delays, or informed her of the expected timeframe.
13. It is positive to note the landlord sought to use the complaint process as an opportunity to identify and resolve further repair issues. In its stage 1 response, it identified additional repair issues including a double redundant switch that needed to be removed, drainage issues, and a damaged fence. It is unclear when the repairs were completed, but they did not appear to be outstanding at the time of the stage 2 response. At stage 2 it also identified extensive further works including repairs to blown tiles, damaged plaster, loose joints, pipes, steps, gate post, front wall, and damaged fencing. It is of concern that the repairs to the manhole remained outstanding at stage 2.
14. In its stage 2 response, the landlord said the works would be completed by 10 June 2022. In recent correspondence with this service, it advised all the repairs were completed by then; however, the repair and correspondence records contradict this. As a result, this Service has been unable to confirm that the landlord honoured the remedies put forward in its complaint response.
15. The resident chased the remaining repairs on 21 September 2022. She stated that all the works were outstanding, except the bathroom floor renewal, repairs to the bay windows, and works to the manhole in the void space. In response, the landlord said that all the repairs would be completed on 29 September 2022. A post-inspection was attended on 7 October 2022, which noted that the repairs had been completed to the specification, but the resident thought further works were required. From the records provided, it is unclear what the additional works were, but the landlord accepted the invoice for the works on 21 October 2022, indicating they were completed.
16. An inspection was completed on 3 April 2023, which noted there were no outstanding or new repair issues other than a ventilation issue in the kitchen. However, in her complaint to this service, the resident disputed that the work was completed in full, or to a satisfactory standard. She said the works to the exterior remained outstanding. In light of the resident’s ongoing concerns, it was appropriate that the landlord booked a post-inspection for 7 September 2023 to check the works with the resident. If any further issues were identified, the landlord should ensure to clearly explain what works will be completed and set out the timeframe they will be completed in. An order has been made below for the findings of the post-inspection to be shared with this service and the resident. If it becomes apparent that the repairs were not completed in full or to an appropriate standard, the landlord should consider whether additional compensation is warranted.
17. Overall, it is clear there were several instances in which the landlord exceeded a reasonable timeframe to complete the repairs in full. Most notably, the repairs to the exterior of the property and the bathroom manhole. It is acknowledged that there can be reasons why repairs exceed a reasonable timeframe to be completed, such as necessary follow-on works or supply issues. However, due to the lack of detailed repair records, it is unclear what caused the delays. Furthermore, the landlord failed to keep the resident updated regarding any reasons for the delays, additional works to be completed, or the expected timeframe for completion.
18. Although not all the repair issues would necessarily significantly impact the resident’s use of the property, it is evident the delays caused distress and inconvenience to her. In particular, the resident highlighted the impact of the manhole and bathroom floor repairs, due to the issues caused by the flies in the property, and her concerns that the flooring was a trip hazard. She also informed this service she was unable to decorate the property due to the outstanding repairs. The resident also had an unreasonable level of involvement to progress the repairs, which caused her significant time and trouble.
19. In line with this service’s dispute resolution principles, the landlord should be fair, learn from outcomes and put things right. The landlord offered £450 compensation once the works had been completed. It also identified points of learning, including that post inspections should be completed to ensure the work is up to standard and that it needed to improve its communication to ensure residents are kept updated with the progress of the works.
20. In view of the length of the delays and the impact on the resident, the landlord has offered a reasonable level of compensation for its failings in handling the repairs. However, it has not demonstrated it has considered the time and effort the resident spent pursuing the issues. It is evident that the resident had substantial involvement to progress the repairs. In line with this service’s remedies guidance, awards of £100-£600 are appropriate in cases where the landlord’s failure has adversely impacted the resident. The compensation bracket is also applicable when the landlord has failed to acknowledge its failings or put things right. An order has therefore been made below for the landlord to pay an additional £150 compensation, in light of the time and trouble caused to the resident.

Determination

21. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the way the landlord handled the resident’s reports of several repair issues in the property.

Orders and recommendations

Orders

22. In addition to the £450 compensation already offered, the landlord should pay the resident £150 for the time and trouble caused due to chasing the repairs. This brings the total compensation award to £600. 
23. The landlord should share the findings of the post-inspection scheduled for 7 September 2023 with the resident and this service. If any further repairs are identified, the landlord should provide clear details of the works to be completed and an expected timeframe. If it becomes apparent that the repairs issues included in the complaint were not completed in full or to an appropriate standard, the landlord should consider whether additional compensation may be warranted.
24. The landlord should share the completion dates of the repairs listed below with the resident and this Service. As it previously confirmed to the Ombudsman that said repairs were completed by April 2023, if it becomes apparent that the repair issues included in the complaint were not completed in full or to an appropriate standard, the landlord should consider whether additional compensation may be warranted.

Repairs identified:

1. The works to the plaster in the front room.
2. Pipework to the rear of the property.
3. Flooring in the bathroom.
4. Works to the manhole cover.
5. Repairs to the stairs.

25. The landlord should provide proof to this service that it has complied with the orders, within 4 weeks of the date of this report.

Recommendations

26. It is recommended that the landlord reviews its record keeping practices to ensure that it keeps sufficiently detailed repair records.