Clarion Housing Association Limited (202016583)
The complaint is about the level of compensation offered to the resident further to his reports of leaks into his property. The resident made a formal complaint on 23 May 2020 that the landlord had not dealt with disrepair to his home. He felt his family was at risk as there was no light in the bathroom and there was a large hole in the ceiling. The existence of the hole had increased his electricity bill, due to, it is implied, additional cold. The landlord responded on 5 June 2020. It made an offer of compensation of £410 in relation to missed appointments, the time in resolving the complaint, partial loss of lighting in the bathroom and living room up to 8 June 2020, and for the disruption and inconvenience and failure to follow process. The resident wrote to the landlord on 16 June 2020. The letter has not been provided to this service but according to the landlord, it was to request a review of the complaint for the following reasons:- The light in the toilet/bathroom was still not working, and the work rectifying the damage caused by the leak was outstanding. He requested further compensation for damage to personal property (sofa and flooring) caused by the leak and in relation to increased energy usage incurred due to the hole in the ceiling. On 2 July 2020, the landlord telephoned the resident who stated that the repairs had not been completed. There was no electricity in the bathroom and he had not been given any indication of when this would be resolved. He stated that he had sent in evidence of his energy usage and the landlord had not addressed the damage to his possessions and the flooring as a result of the leak. While the living room lights were affected by the first leak, it is not clear from the landlord’s records whether the damage to the rooms below was caused by the first or third leak. However according to the landlord, the restoration to the bathroom lighting was delayed by the event of the third leak. The landlord responded on 23 July 2020 and increased the compensation by £330, consisting of a further £50 in relation to complaint handling, it extended the period for partial loss of electricity to 7 July 2020, and £100 for inconvenience and failure to follow process. It had requested evidence in relation to the energy bills but had not received this. It stated that decorating was the resident’s responsibility and referred the resident to its insurers in order to make a claim in relation to the resident’s losses. It also enclosed the asbestos report. The resident requested that his complaint be escalated on 24 August 2020. This service has not seen the escalation request. However, his reasons appear to be reflected in the following paragraphs. On 1 September 2020, the resident wrote to the landlord. He stated that he had provided evidence of his decorating expenses and damaged carpets. He said his bathroom was leaking which the landlord would be attending to the next day and he was waiting for a repair to his toilet. He requested: £2,000 to “making the property liveable” (including replacing flooring) . Compensation for his personal belongings (TV, sofa and carpets) Compensation for the worry about exposure to asbestos whilst waiting for the asbestos report. He was awaiting a statement from his energy supplier. Inconvenience and emotional distress. The landlord spoke to the resident on 8 September 2020 to discuss his complaint. The resident informed the landlord that the bathroom floor was damaged, and the toilet was leaking. Work was booked for 11 September 2020. As a result of lack of action, the resident reported that the carpets in his property were damaged, as well as the TV and sofa. He stated that he had used buckets around the property to collect the leaking water and though the leak was eventually stopped, the follow up repair was left ”for months”. He was claiming nearly £3,000 to replace his carpets, TV, and sofa. He was also seeking compensation for the distress and inconvenience caused to him and his family, as well as compensation for the worry caused by the late provision of the asbestos report. It was agreed that the resident would provide photographs of the “before and after” in relation to the carpet and any receipt of the purchases made and a breakdown of his costs. The landlord then wrote to the resident on 10 September 2020. It had already received photos of the damage in the property, the before and after pictures and receipts. On 9 October 2020, in conclusion of the complaints procedure, the landlord wrote as follows: It recognised the disruption to the family caused by the delays and missed appointments. It stated that the jobs in relation to the roof leak were hindered by the Covid-19 ‘restrictions’, as well as due to a variety of services being required, including an asbestos survey. It declined to pay compensation in relation to the resident’s complaint that the family was at risk from asbestos on the basis that there was no asbestos present. It stated that decorating was the resident’s responsibility and declined to compensate him for costs It referred the resident to his own insurers in relation to damage to the resident’s personal property and possessions, but the resident could make a claim against the landlord by contacting its insurers. It provided a list of information the insurers would require. It declined to refund additional electrical costs over the period when the leak was active, as the resident did not provide evidence in the form of bills from the period of the leak and a comparable bill from the same period the previous year. It increased compensation by a further £230 to a new total of £970 in compensation. The increase comprised of a further £50 in relation to complaint handling, a further £80 in relation to inconvenience and disruption for the period 20 December 2019 to 5 August 2020, and a further £80 for disruption due to repeated visits for the same period. This brought the total compensation offered to £970 comprising of: Missed appointments £30. Complaint handling £150. Partial loss of electricity in “lounge” and bathroom from 17 February 2020 to 21 July 2020 £430. Inconvenience and disruption £180. Failure to follow process £100. Disruption due to repeated visits for the period 21 December 2019 to 5 August 2020 £80.