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Paragon Asra Housing Limited (202213676)

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REPORT

COMPLAINT 202213676

Paragon Asra Housing Limited

11 September 2023

 

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:
    1. handling of requests for repairs, and;
    2. complaint handling and communication.

Background

  1. The resident has occupied the property as a secure tenant since February 2014. The property is a 4-bedroom detached house.
  2. On 1 August 2022, the resident complained to the landlord about a cancelled repairs appointment and the attitude of a contractor’s member of staff. The landlord’s records show that the resident also raised concerns about other previously reported problems and asked for a manager callback.
  3. In its complaint response on 16 August 2022, the landlord noted that the contractor had spoken with the resident about the cancelled appointment and the incident with the staff member. The landlord said repairs would be carried out on 5 September 2022.
  4. The resident was dissatisfied with the response and escalated her complaint on 16 August 2022. She said that the repair appointment had been cancelled by the landlord because it had not ordered parts. She said this had wasted her time. The resident said she had raised other problems previously. She said the landlord had not listened to her and she had not had a callback from the landlord.
  5. On 27 September 2022, the resident told the landlord that the repair work booked for 5 September 2022 had not been completed, and that she had not received a response to her escalated complaint.
  6. The landlord contacted the resident on 29 September 2022 and asked for details of outstanding repairs. The resident provided details, which included new repairs to a fence and work on loft ventilation.
  7. On 6 November 2022, the resident contacted this service as she had not received a response to her escalated complaint. This service wrote to the landlord on 17 November 2022 and the landlord issued its final response on 24 November 2022. It apologised for the delay and said it would ensure clear communication on future repair work. It offered the resident £200 for the delay in responding to the complaint and £200 for the delay to the repairs.
  8. The resident remained dissatisfied and raised a complaint with this service. She was unhappy with the length of time it had taken to complete the repairs and the number of cancelled and rearranged appointments, which she said caused stress and inconvenience as she had to take time off work. She said some repairs remained unresolved. She felt the level of compensation should be increased to £2,500 to reimburse the damage to her property and for the stress and inconvenience caused.

Assessment and findings

The landlord’s handling of requests for repairs

  1. Under section 11 of the Landlord and Tenant Act (1985), the landlord is responsible for keeping in repair the structure and exterior of the property. This means the landlord has a general obligation to repair and maintain the property.
  2. The landlord is responsible for carrying out repairs in line with its maintenance policy. The policy sets out specific responsibilities of the landlord. It says the landlord is responsible for the structure and exterior, and fixtures and fittings it has provided. This includes external doors and windows.
  3. In carrying out repairs, the policy says the landlord aims to provide a service that is responsive, and which meets the high standards expected by residents. It says it offers flexible appointments for non-emergency repairs.
  4. The landlord says non-emergency repair work will be completed within 15 working days, but some repairs will need more than 1 appointment to resolve. When this is the case, the contractor will arrange the next appointment.
  5. In response to a reported fault, the landlord had arranged a repair appointment with the resident for 1 August 2022. However, this was cancelled by the landlord on the day, without an explanation. The resident complained about the cancellation. She also raised other issues with the landlord, including loft insulation she had installed because of condensation in the loft, and asked for a manager callback. The landlord responded on 16 August 2022 without discussing the complaint and the other issues with the resident. In its response, the landlord said repairs would be carried out on 5 September 2022. It said it had no information about a request for loft insulation.
  6. The resident was dissatisfied with the landlord’s response and escalated her complaint on 16 August 2022. She was dissatisfied that the landlord had not acknowledged that it had cancelled the appointment at short notice, causing her inconvenience, because it had not ordered parts.
  7. On 27 September 2022, the resident told the landlord that the promised repairs had not been fully completed. The resident said the landlord was not taking responsibility for the repairs. She said she had been inconvenienced because she had arranged for a family member to be at her property while the repairs were carried out. She reasonably wanted to know when the work would be completed.
  8. The landlord should have provided assurance to the resident on when the repairs would be completed. It failed to do so. Instead, this service has noted that the landlord then asked the resident to provide details of outstanding works. As the resident had previously complained and raised concerns about repairs, this service would expect the landlord to have a clear record of any outstanding work. Not having these details was a failure by the landlord.
  9. The landlord’s contractor contacted the resident on 24 November 2022, to discuss outstanding repair works. In addition to previously reported repairs, these now included work to replace a damaged fence and improve ventilation in the loft. The contractor said it was waiting for the landlord to approve the loft works. It agreed that the other work would be carried out on 14 December 2022.
  10. On 3 December 2022, the resident asked the contractor to confirm that works would go ahead, so she could arrange to take time off work. On 13 December 2022, the contractor confirmed the work on the fence would go ahead the following day.
  11. The resident received a call from the contractor on 14 December 2022, cancelling the works. At this time, the works had already been significantly delayed. The resident had been told the works would go ahead, only for them to be cancelled on the day. The resident had taken time and trouble to arrange to take time off work. This service finds that the landlord showed a significant lack of care and consideration for the resident, who had already been significantly inconvenienced. This was maladministration.
  12. The resident raised her complaint with this service on 16 February 2023, and on 16 March 2023, the landlord wrote to the resident. It acknowledged that repairs were still outstanding. It said that as the resident had waited 8 months for repairs, it no longer felt the amount of compensation offered for repair delays in its final response was sufficient. It offered £100 per month for the delays, which was £800 in total. On 31 March 2023, the landlord increased its offer again and agreed to pay the resident a combined amount of £2,500 for the failings in the way it had managed her repairs and how it had handled her complaint.
  13. In April 2023, the landlord informed this service that the outstanding repairs had been carried out. The resident said in August 2023 that she was still waiting for work to be carried out on the patio door.
  14. This service has found that there was a significant failing by the landlord over a period of 8 months. The landlord accepted its obligations for carrying out the repairs, but it did not follow its repairs policy. It gave the work to its contractor but did not take responsibility for ensuring the work was carried out in a timely manner. Specifically, the landlord did not carry out repairs in a way that was responsive to the needs of the resident. It did not complete the repairs within 15 working days and did not arrange follow up appointments with the resident. These failings were maladministration. This service has noted that the landlord has offered the resident £2,500. This is appropriate compensation in the circumstances but does not go far enough to fully resolve the complaint. In addition, the landlord should apologise for the delays and ensure any outstanding work is complete.

The landlord’s complaint handling and communication

  1. The landlord’s complaints policy says that when it receives a complaint it will keep the resident updated and work with those involved to resolve any outstanding issues. It says that when it first receives a complaint, it aims to agree a solution with the resident within 10 working days. If a complaint is escalated, the landlord says a definitive response will be provided within 20 working days. This is in line with this service’s Complaint Handling Code.
  2. The resident first raised a complaint about repairs on 1 August 2022. The resident asked for a manager to call her to discuss her complaint and other issues she was raising.
  3. The landlord responded in 11 working days on 16 August 2022. However, this service has seen no evidence that the landlord called the resident to discuss the complaint before sending its response. Because of this, the landlord did not get clarification on the points the resident was raising. As a result, the response included some issues that the resident had made as general comments. This service’s Complaint Handling Code says the starting point of effective complaint handling is a shared understanding of the complaint. Because the landlord did not discuss the complaint with the resident, it missed an opportunity at an early stage to clarify the resident’s concerns. This led to an escalation of the complaint.
  4. The resident escalated her complaint on 16 August 2022. Following the intervention of this service, the landlord issued its final response on 24 November 2022. This took 72 working days and was significantly outside its policy and the Complaint Handling Code. The failure to respond to the complaint in line with the Complaint Handling Code was maladministration.
  5. The landlord’s maintenance policy says it will offer flexible appointments. It will confirm these prior to attendance, using a variety of communication methods. The policy also says that the landlord will keep the resident informed of progress with their repairs.
  6. In evidence provided by the landlord and resident, this service has seen examples where the landlord did not follow its policy. These included the landlord not keeping the resident informed of progress, contractors arriving for appointments without prior notice and the landlord cancelling appointments at short notice. For example, after the landlord cancelled an appointment at short notice in December 2022, there was a 2-month period when the landlord did not respond to the resident’s regular enquiries about the repairs. This was after the landlord issued its final complaint response, where it said it would improve communication with the resident. On 7 February 2023, contractors arrived at the resident’s property without an appointment. They then called the resident while she was at work, causing inconvenience. In doing this, they did not follow the landlord’s maintenance policy, which says contractors will confirm appointments prior to attendance.
  7. On 13 February 2023, the contractor contacted the resident and suggested dates to carry out the repairs. Given the significant delays and previous promises to improve communication, this service would have expected the landlord to take responsibility for communicating with the resident.
  8. This service has found that there were significant failings by the landlord over a period of 8 months in the way it handled the complaint and communicated with the resident. Because of this, the resident experienced stress and inconvenience. She took considerable time and trouble phoning and emailing the landlord. The landlord’s failure to communicate with the resident was maladministration. This service has noted that the landlord has offered the resident £2,500, which includes an amount for the failings in the way it handled her complaint. This is appropriate in the circumstances. However, since the landlord offered this after the conclusion of the internal complaints process, this service finds maladministration in the landlord’s handling of the resident’s complaint.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of requests for repairs. This is because the landlord failed to carry out repairs in line with its maintenance policy.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of complaint handling and communication. This is because the landlord failed to respond to the resident’s escalated complaint in line with its policy or this service’s Complaint Handling Code, and it did not keep the resident informed of progress with the repairs.

Orders

  1. The landlord is ordered to write to the resident to apologise for the failures identified in this report, acknowledging its failures and the way the resident was treated.
  2. The landlord is ordered to pay the resident a total of £2,500 in compensation as it offered on 31 March 2023.
  3. The landlord is ordered to confirm that work to a reasonable standard, in line with its obligations, has been carried out on the patio door.
  4. The landlord is ordered to conduct a review of how this complaint was handled, referring to the Ombudsman’s Complaint Handling Code.
  5. The landlord is ordered to review its communication with residents where a contractor is carrying out repairs to ensure residents are kept informed of progress with repairs.
  6. The landlord is ordered to confirm to this service that the above orders have been complied with within 4 weeks of this report.