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Orbit Group Limited (201908727)

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REPORT

COMPLAINT 201908727

Orbit Group Limited

3 December 2020


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 level of compensation offered by the landlord to the resident, following repair delays.

Background and Summary of events

  1. The resident is a tenant of the landlord. The property is a two- bedroom house on an estate. The landlord is a Housing Association.
  2. In late 2018 and through 2019 the following repair issues were recorded for the property:
    1. 30 October 2018, for a leaking overflow pipe. Marked as completed 15 November.
    2. 8 January 2019, overflow pipe leaking externally again. Marked as completed 5 February.
    3. Repair was raised on 16 January 2019 to investigate an issue with the heating system and thermostat. Marked as completed 30 January.
    4. A total gas heating failure was logged on 7 April 2019. Marked as resolved on 8 April.
    5. Overflow pipe again reported as leaking on 9 April 2019. Repair logged as completed 12 April.
    6. The gas pump was replaced on 16 April 2019, and it was reported that the overflow was leaking again. Work done and marked as completed the next day.
    7. Further overflow leaks reported on 20 and 24 April 2019. Marked as complete on 26 April.
    8. On 29 April 2019 it was reported by the landlord’s contractor that a new water cylinder was needed.
  3. In an email to the resident, dated 3 May 2019, the landlord explained that it had discussed her utility bills with her Citizens Advice advocate, and that it would offer her £97.45 towards the excess costs she had incurred because of the continued pipe problems and repairs. No evidence of correspondence leading up to this point has been provided for this investigation.
  4. Another repair was raised on 7 May 2019 for repairs to the water cylinder and heating system.  The resident had called multiple times to advise she had no heating or hot water. The work was completed by 21 May.
  5. On 7 September 2019 the resident reported a dripping water pipe in the bathroom. This was marked as completed 11 September.
  6. After examining the resident’s further bills, the landlord emailed her on 26 September 2019. It offered her £250 to cover “the extra costs” she incurred, and towards any distress and inconvenience caused. The landlord did not explain how it had calculated the amount.
  7. In a call with this Service, on 16 October 2019, the resident expressed her dissatisfaction with the landlord’s offer, which she said did not cover her extra expenses.
  8. On 18 October 2019 the landlord sent the resident a complaint response. It confirmed that it was offering her £250 as a goodwill gesture, and upheld her complaint because it had not completed repairs within the given timescales, causing the resident’s bills to increase. There was again no information about its calculation of the amount, and no correspondence relating to any complaint by the resident has been provided.
  9. After several enquiries by this Service, the landlord later confirmed that its letter of 18 October 2019 was its final response on the issue.

Assessment and Findings

  1. The landlord’s repair records do indicate ongoing and repeated problems with leaking pipes at the resident’s home in late 2018 and through much of 2019. Not enough information has been provided by the landlord for this investigation to determine whether its actions in response to the repairs were reasonable or not. Nonetheless, the landlord acknowledged to the resident that it had not acted well with the repairs. Accordingly, it was reasonable and appropriate for it to consider how to remedy its failings, and compensating the resident for some of her increased utility costs was a relevant and proportionate way to achieve that.
  2. The landlord concluded that £250 was a reasonable amount to offer the resident for both her increased expenses, and for the frustration and inconvenience caused to her. It explained that it had decided the amount after considering her utility bills, but gave no more details, such as how much was intended for the resident’s expenses, how much was intended for inconvenience, or what period of utility bills it had considered.
  3. The landlord has not provided for this investigation information supporting and explaining its compensation decision. Because of that, there is nothing against which the fairness or reasonableness of its actions can be assessed. It was asked to do so, but has not been able to. Coupled with the lack of information in its complaint response about the calculation, this means that this investigation is unable to robustly determine the resident’s complaint.
  4. The landlord’s omission of a clear explanation for its calculation of the compensation offered to the resident, and its lack of supporting information or evidence shows maladministration in its handling of the matter.

Determination (decision)

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of the complaint.

Orders and recommendations

Order

  1. In light of the findings in this investigation the landlord is ordered to pay the resident £300. This amount has been decided in line with Housing Ombudsman Service remedy guidance, and reflects the significance of the failing and its impact on the resident’s complaint.
  2. The landlord is asked to make this payment within four weeks of this report, and to update this Service when it has done so.

Recommendation

  1. This investigation has identified potential problems in the landlord’s record keeping, which meant that it was not able to provide information or evidence supporting or explaining how it considered the resident’s complaint. The specific reason for this is not known. However, the landlord is recommended to examine its procedures to identify why this information was not provided, and to take steps to rectify whatever shortcomings