Landlords can now complete the Complaint Handling Code Annual Submissions form. More information is available online.

Unity Housing Association Limited (202102206)

Back to Top

REPORT

COMPLAINT 202102206

Unity Housing Association Limited

15 August 2022


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The complaint is about the level of compensation the landlord offered in relation to its handling of repairs and its contractor’s conduct.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress, following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. In February 2021, the resident complained to the landlord about the time taken for it to address repairs to:
    1. A gap in the living room window.
    2. A concrete step that it previously completed temporary repairs to.
    3. The living room ceiling.
    4. The shed roof.
  2. In addition, the resident complained about the conduct of a member of staff from the landlord’s contractor, who visit the property in July 2020.
  3. The landlord responded to the complaint on 25 March 2021. It upheld the complaint regarding the repair, as it found that its communication with the resident had not been clear. It offered apologies to the resident and agreed to send an independent surveyor to the property to scope the work required. Following this, it said it would arrange a suitable date with the resident to complete the repairs.
  4. In relation to the complaint about the staff member’s conduct, it confirmed that following its investigation it could not draw a conclusion on the matter. However, it apologised for the resident’s experience and reassured them that the operative would not be sent to the property again. As well as this, it agreed to complete training with all operatives who work on its behalf.
  5. In June 2021, the resident contacted the landlord advising that they remained unhappy with the complaint outcome. They explained that they felt that a reasonable outcome would be compensation for the delays in the completion of the repairs, and the conduct they experienced from the member of staff.
  6. In April 2022, the landlord completed the repairs to the property. On 28 April 2022, it wrote to the resident with an offer of compensation. It acknowledged that the resident had taken periods of time off work to accommodate the repair appointments and that there had been failures in its delivery of service. It offered the resident £429 for their loss of earnings and an additional £100 for the service failure. Making the total amount of compensation £529.
  7. The resident remained unhappy with the offer, as it did not cover their entire loss of earnings and they felt that the landlord had not taken the delays, the loss of heating as a result of the gaps in the windows and the conduct of the operative into account when making the offer.
  8. On 30 May 2022, the landlord provided its final response to the complaint. It offered the resident £539.16 for their loss of earnings, £150 for inconvenience and £100 for the service failure. Making the total £789.16.
  9. The resident referred their complaint to this Service as they were unhappy with the level of compensation. On 27 July 2022, they confirmed that to resolve their complaint, they sought a total of £1739.16 compensation.
  10. On the 2 August 2022, we wrote to the landlord to inform that the resident was unhappy with the outcome of the complaint and wanted it to increase its offer of compensation. We asked if it would like to take part in our mediation process to see whether it could resolve the complaint through an agreement with the resident.
  11. The landlord confirmed on 9 August 2022, that it would like to try and resolve the complaint through our mediation process. It confirmed that it would like to make an alternative offer to that the resident requested, of £1039.16. This included the £539.16 for the loss of earnings, £300 for the delay in the completion of the repair and £200 for the inconvenience.
  12. On 11 August 2022, we informed the resident of the landlord’s offer and they accepted the offer as a resolution to the complaint.
  13. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”
  14. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendation

  1. The above determination is dependent on the landlord completing the action it has agreed to take to resolve the complaint. Therefore within three weeks of this report, the landlord is to arrange the payment of the £1039.16 compensation to the resident. If the landlord has already paid the resident the £789.16 it offered in the complaint response, it is to pay the difference.
  2. Once the payment has been made, the landlord is to provide confirmation to this Service.