Paragon Asra Housing Limited (202110918)

REPORT

COMPLAINT 202110918

Paragon Asra Housing Limited

28 January 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

The complaint is about the landlord’s handling of:
1. Repairs to the resident’s windows.
2. The resident’s request for bathroom repairs or improvements (specifically, storage).

Background and summary of events

The resident reported that the bathroom, bedroom and living room windows needed repairing on 3 September 2020. A contractor attended on 24 September 2020 and adjusted the windows, but advised a specialist contractor would be required.
There was no further action by the landlord for over seven months until an internal email between the landlord and a contractor stated that operatives attended the resident’s home on 10 May 2021 to make the bathroom windows safe.
The resident sent a complaint to the landlord on 13 June 2021. He raised a range of issues (some of which are not part of this investigation), including about the efforts made by the landlord’s contractors since September 2020 to repair the windows in his home. He said several contractors had since visited regarding the windows, but he had been given contradictory information by the contractors, and had had ongoing difficulty contacting anyone to get the windows repaired. He said the faulty windows caused cold and damp in the property and he had increased heating bills, which was causing him stress; he requested compensation. He also raised an issue about the lack of storage in his bathroom, explaining that:

“all my neighbours have in their bathrooms big cabinets as the toilets are bigger than the room and there is no storage space in the flats. Unfortunately I don’t have a cabinet. When I asked a few times they told me when they will upgrade my bathroom!!! When I don’t know!!!, Will do it not now. This is definitely not fair as I don’t have any storage space in my flat rooms, and the sitting room is too small. The corridor is very long and narrow; only one person can walk in it. So the only place I can have storage is the bathroom, I have a lot of stuff; I need storage please.”

The landlord acknowledged the complaint on 17 June 2021. An internal email on the same day notes the resident’s concerns about damp, and also notes the length of time the windows issue had been ongoing. It asked why the matter had taken so long and when would the windows “be done”. There is no evidence of a clear response.
The landlord sent its stage one response on 1 July 2021. It acknowledged the resident’s concern that the windows were causing damp in his home, and explained that “In terms of the windows, a job was raised on 3 September 2020 and a contractor attended on 24 September 2020, it was established that several windows needed replacing and new windows ordering. Due to an internal communication errors between our departments the order for the windows was not done. I am very sorry for this and the upset it has caused. [the contractors] attended on 10 May 2021 to make an emergency repair to the window that has been done but this was a temporary emergency repair. As a result of my investigation I confirm that our errors have led to a delay… with regards the windows. The…windows issue remains outstanding. The windows are now on order, and are with our manufacturer, this takes a minimum of 6 weeks and currently there is a national glazing shortage which could lengthen the process. The landlord concluded by explaining how the resident could escalate his complaint if he remained dissatisfied.
The resident wrote to the landlord on 4 July 2021. He queried the window replacement information it had given him, as he had been told by the contractor that the work still needed to be approved. He asked that all of his complaint points be answered, including what date the windows would be replaced, his request for storage in his bathroom, and compensation for “for all the stress, waste of energy, money and time in the course of many hours of futile negotiations with [the contractors]”.
The landlord acknowledged the complaint escalation on 7 July 2021.
The resident emailed the landlord on 13 July 2021. He stated he called the landlord earlier that day and it had confirmed that no work order had been raised for the windows. He asked the landlord to call him as it had not adhered to the actions outlined in the stage one response.
A work order was raised on 14 July 2021 to renew seven windows. The repairs records note this was subsequently cancelled as there was due to be a window replacement programme 2022/2023.
An internal email about the resident’s complaint and situation, dated 21 July 2021, states that “The tenant has already waited a long time and I gave him the impression the window ordering process has started but this isn’t the case so ideally I need to provide a detailed update.”
On 21 July 2021 the contractor emailed to the landlord the results of a survey it had conducted of the resident’s property that day. They explained the resident was not at home at the time, so they had inspected the windows of the similar neighbouring flat. The surveyor recommended that:

“As the building has Upvc windows to all elevations which were installed at the same time then to replace the existing windows to just one flat would be costly as fixed scaffold will be required to allow for safe & secure access. Also if windows are renewed to one flat then the residents of the other flats within the building may demand that their windows are renewed Keystone shows that these windows are not due for replacement until 2042 • I would recommend …that [the contractor] engages the services of a reputable window company with the experience in overhauling UPVC windows to attend the site and to undertake any repair works that may be required.ie. replace any damaged seals as required and to adjust and lubricate the friction hinges and window handles to ensure that the windows are operating in the correct manner.”

The resident requested an update on 27 July 2021. The landlord responded the following day and apologised for the lack of communication; it said there had been complications arranging the window repair and it was “yet to get a definitive answer”.
A further work order was raised to “overhaul the windows” on 30 July 2021.
The landlord emailed the resident on 10 August 2021, stating a contractor would assess the windows on 17 August 2021. The resident responded the same day explaining he was unhappy with this as the windows had already been assessed several times and determined not suitable to repair, hence why the contractor had measured for new windows.
The resident emailed the landlord on 17 August 2021 as the repair had not been completed; he said the contractor had called him to advise him that was because it had not been provided with the window repair history.
An internal note on 18 August 2021 states the contractor told the landlord that day that the job had been raised incorrectly, and the contractor was unaware of how specialised the work was. The landlord noted that “They are now sending a contractor on 1 September 2021 to hopefully fix the window…said she would speak to the contractor to see if he could attend this week to ensure if they have all the correct equipment to complete the job on 1 September 2021.”.
The landlord emailed the resident on 18 August 2021, apologising that the window had not been repaired. It advised an appointment was booked on 1 September 2021 to complete the repair, and it would ensure the contractor had the correct equipment. It said it would issue the stage two response once it had completed the repairs.
An internal email on 1 September 2021 stated the contractor had attended the property and had concluded the windows could not be repaired. The landlord then emailed the resident and apologised, explaining that the contractor had been unable to repair the windows. The landlord said it was looking into alternatives and advised it did not have a timescale.
The resident emailed the landlord on 3 September 2021 stating he had received a lot of contradicting information from the landlord. He said his heating bills were increasing, which he could not afford, and his health was being affected by the cold weather. He requested a quick resolution, as the issue had been ongoing for a long time, and wanted compensation reflecting this.
The landlord emailed the resident on 7 September 2021 apologising that he had been given “conflicting and contrasting information”, explaining this was due to it not being sure whether the windows needed to be repaired or replaced. An inspection had been arranged for 17 September 2021 to establish what action to be taken.
According to the landlord’s repair records, a contractor attended on 14 September 2021 to overhaul the windows, but the resident did not permit any works to be completed as he was awaiting a visit from a manager.
The resident requested complaint updates on 20 September 2021 and 27 September 2021, but did not receive a response.
The landlord sent its stage two complaint response on 15 October 2021 (written by the same officer who had written the first response). It apologised that it had incorrectly advised him in the stage one response that it would be replacing his windows. It said that after several assessments by surveyors and contractors, it had decided to repair the windows instead, and the contractor was acquiring the necessary parts to complete that work. It explained that “if you do not get an update shortly please contact [contractor] who will be happy to update you.” It gave him direct contact details for the contractor. It also said that the windows were due to be “overhauled” in 2022/2223, and the scheduling of that was with its planning team.
The landlord went to explain that “With regards the lack of storage we do not fit vanity units to our bathrooms, the only time we would fit a vanity unit is if a customer has previously fitted one themselves or supplies one at the time that we carry out a bathroom replacement. You can of course install your own storage in the bathroom there are freestanding pedestal units you can purchase that fit around existing pedestal basins.” The landlord apologised for the delay in the complaint response, for the conflicting information given to the resident, and for the number of times it had needed to visit. It offered £150 compensation in recognition of the inconvenience caused by the repeat visits. It concluded by explaining how he could escalate the complaint to this Service is he remained dissatisfied.
The resident has provided evidence showing that he contacted the landlord on 28 October 2021 saying that he had not heard from the contractors, and had not had a response to the enquiry he had made using the contact details the landlord provided. He explained that “If PA housing cannot fix the windows why don’t you move me to another property as this flat affect my health.” He wrote again on 3 November, saying that he had not had a response from the landlord or contractor. He asked said “The weather is getting cold and nobody fix my windows.. what shall I do? Can I move to another property!”
The landlord responded to the resident on the same day, 3 November 2021. It explained that “I understand the window is still not fixed and I am very sorry to hear this. I have been speaking to [contractor] who told me they would now be able to make temporary repairs to the window but have now informed me that they are struggling to source the parts required. I am in constant contact with them and hope to have an update by next week where we can make a final decision as to whether the window can be repaired or not and if we are not able to repair the window what actions we can take.”.
The resident emailed the landlord again on 24 November 2021. He said that the new sub-contractors were scheduled to attend the following day, and asked if they were genuine. It is not apparent if the landlord responded.
The landlord wrote to the resident on 3 December 2021 asking him to provide a date when the contractors could visit.
On 7 December 20221 the resident wrote to the landlord again. He said that:

“Regarding Windows Assessment: if you read all your notes, you will see that on different occasions two managers from P A Housing, 1 Manager from [contractor], then three Surveyors from [contractor], came to inspect the windows, Not to mention the companies you sent to repair the windows, I believe that more than six private companies visited the property. There were then many visits from [contractor] to attempt repairs; after their attempts failed they admitted that they can’t fix the windows. PLUS others Contractor tried and failed to repair the windows, and also admitted failure. Regarding Assessment: This has already been done – not only by [contractor], but more than six companies include your Manager’s Surveyors and P A Housing’s manager. In Stage 1 Complaints P A Housing admit that it will take at least six weeks to replace the windows; the delay is due to a shortage of glass. In Stage 2 the story changes: you said you will fix the windows, that a Manager from P A Housing, preceded by a Surveyor and Manager from [contractor], will attend the property, who will assist by examining all the windows, who also promised to contact a special company to get all the equipment necessary to repair the windows: if they could not fix the windows. they would replace them. All the work should be completed within two months maximum. After they left four companies, came and took measurements. But they could not fix the windows. You keep on making empty promises. I have had enough; I cannot play this game anymore; my health is suffering from this situation.

In late December 2021 the resident’s boiler failed, leaving him without heating and hot water (this issue is included only due to the relevance to the windows issue). In an email to the landlord on 27 December he explained that “I have no heater or hot water at home; plus my windows are faulty so the flat is totally frozen… it has no boiler, and the outside cold penetrates easily because the windows are faulty. In its present condition, the flat is not habitable; can you provide me with other solutions or with temporary accommodation?!”
On 4 January 2022 the resident emailed the landlord saying that “As of today, there are still no replacements for the windows; the boiler has not been working for over 2 weeks, nor has any suitable alternative accommodation been provided.”
The landlord treated the resident’s concerns as a new complaint, and on 12 January 2022 it sent him what it referred to as “stage one complaint”, concerning the boiler and window repairs. It acknowledged that by that time the boiler had been repaired. It referred to a conversation its officer had had with the resident the previous day, and explained that “Our plan, as discussed yesterday, is to replace all the windows in the property, not repair them. I apologise that this has caused you frustration and dissatisfaction. Having spoken with the surveyor yesterday, I understand that work should begin around April 2022. I will continue to monitor this issue for you and if you require further assistance, please feel free to contact me back.” It concluded by explaining how the resident could escalate his complaint if he remained dissatisfied.

Assessment and findings

Policies and procedures

All social landlords have an obligation to maintain the homes they own in a condition fit for human habitation.
The tenancy agreement states the landlord is responsible for keeping windows in “good repair”.
The landlord’s repair policy states:
1. It is responsible for repair to window frames and sills.
2. Repairs to windows are classed as a non-emergency repair and should be completed within 15 working days.
3. “Variable priority repairs are those which require multiple visits, often using multi-trade skills or a number of special order parts”.
4. In the case of planned or variable repairs the landlord will inform the resident of the intended plan of works, and agree a timescale.

The repairs to the windows.

The landlord’s repair guide states that repairs to window frames are classed as a non-emergency and should be completed within 15 working days. As a result, it was necessary for the landlord to investigate the resident’s reports of the faulty windows and to take appropriate action to resolve any issues it identified. The issue was initially reported on 3 September 2020, and a contractor attended on 23 September 2020; this was just within 15 working days so was not an unreasonable timeframe. That visit resulted in the need for further work being identified, but there is no evidence of any such work for the next seven months, until operatives attended to make some windows safe (on a temporary basis) in May 2021. The landlord acknowledged this lengthy delay, and explained it was due to “internal communication errors”. In its first complaint response it apologised, but in no other way did it seek to remedy its failing by compensating the resident, or take steps at that point to resolve the cold and damp the resident had explained the windows were causing in his home. Instead, the landlord simply explained that the windows had been ordered, and could take six weeks or more.
The background to this case, as set out in detail above, and by the resident himself in his email to the landlord on 7 December 2021, shows that matters continued through the rest of 2021 without resolution, with multiple assessments and surveys of the windows, and conflicting reports to the resident as to whether the windows would be repaired, overhauled, renewed or replaced (the distinctions between repaired, renewed or overhauled is not apparent from the evidence). The landlord’s limited updates to the resident, and some of the internal correspondence, indicate that it itself did not have a good grasp of what was planned. For example: the cancellation of a repair/renew order in July 2021 because the windows were due to be replaced in 2022/2023; the acknowledgement in an internal email, also in July, that the resident had wrongly been led to believe the “window ordering process” had started; and the constantly changing decision to repair/renew/overhaul the windows or replace them.
That indecision continued until the time of this report, with the landlord telling the resident in October 2021 (in its second complaint response) that the windows would be repaired, and then overhauled in 2022/2023, and then, in January 2022 (in its new complaint response) that it “understood” they would be replaced, not repaired, and that that “should begin around April 2022.” None of the landlord’s explanations to the resident about the intent with the windows turned out to be accurate through the period in question, and its final response gives no assurance of certainty either.
The indecision and confusion about the windows over such a long period would, on its own, be significant service failure. However, throughout the period the resident explained to the landlord the impact the issue was having on him and his home, in terms of damp and cold. The landlord was clearly aware of his concerns because it acknowledged them in both its internal correspondence and in its first complaint response. The second complaint response in October 2021 explained that the intention was to take some action in the short-term to address the windows until they would be replaced in 2022/2023. However, those repairs did not proceed. Following that complaint response, the resident’s concerns about the damp and cold from the failed windows intensified as winter arrived, to the level where he asked to be moved if the repairs could not be done (i.e. decanted). Further emphasis of the urgency of the issue was demonstrated by the boiler failure at the end of December 2021, leaving the flat in a condition described by the resident as “totally frozen” because of the lack of heat and the failed windows. In its subsequent and third complaint response, in January 2022, the landlord gave no acknowledgement of the impact the resident had repeatedly explained the poor windows were having, or of his decant suggestion, saying only that it would “continue to monitor this issue”.
The landlord apologised on multiple occasions for the resident’s experiences, and offered him £150 compensation for the inconvenience caused by repeated visits to survey and assess the windows. It briefly acknowledged his concerns about the effect the ongoing problems was having, but then ignored them in its subsequent complaint responses. It is not unreasonable for a landlord to wait for a planned works period before undertaking substantial repairs and maintenance. However, it is wholly unreasonable to ignore urgent repair work in the meantime. There is no evidence of the landlord considering interim solutions to keep the windows in the “good repair” condition it was obliged by the tenancy agreement to do, apart from the failed plan to provide repairs in October 2021. Even that was over a year after the repairs had been first raised. The landlord made no effort to compensate the resident for the impact of its extensive and ongoing failure to repair and maintain the windows.
It is important to note that many of the failings in this case appear to be due to the actions or inaction of the contractors. Nonetheless, the contractors were acting on behalf of the landlord, and therefore it was responsible for them. Furthermore, the complete failure of the landlord to acknowledge and address the impact on the resident was due to poor complaints handling, which was a responsibility of the landlord.

Request for bathroom storage

Nothing in the evidence provided for this investigation indicates that the resident previously had bathroom storage which had fallen into disrepair. That would usually be the only basis on which a landlord would be expected to attend to such an issue. In this case, the landlord responded reasonably to the resident’s request for bathroom storage by explaining that it does not fit additional storage, but he was permitted to purchase his own. As there was no bathroom storage when the resident started his tenancy, his request would be classed as an improvement, and not something a landlord would be obliged to provide.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of the repairs to the windows.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its handling of the resident’s request for bathroom repairs or improvements (specifically, storage).

Reasons

The landlord failed to repair the windows in a reasonable timeframe, often gave contradicting information and displayed poor complaint handling. The window repairs remain outstanding at the time of this investigation.
The resident’s request for bathroom storage was an improvement rather than a repair, and so the landlord’s explanation that it would not agree to his request was reasonable.

Orders

In light of the failings found in this investigation, and the distress and frustration they have caused the resident, the landlord is ordered to:
1. Within four weeks, identify and schedule a meaningful plan to reliably address the problems with the windows in the short term in the period before its planned major works. Working with the resident, the landlord should consider wider options, such as decant, if interim repair works cannot be implemented within a maximum of six weeks of this report.
2. Within four weeks, pay the resident additional compensation of £1000.
3. Within four weeks, pay the resident the £150 already offered in its complaint response (if it has not done so already).

Recommendation

Given the inconsistent level of communication shown in this investigation, the landlord should consider providing the resident with regular monthly updates regarding the window replacements until they are completed, and direct contact details for a dedicated named person whom he may contact for any enquiries about the replacements.