Royal Borough of Kingston upon Thames (24 016 269)
The Ombudsman's final decision:
Summary: Mrs X complained the Council has not carried out repairs to the property they lease to the Council to be used as temporary accommodation. The Council has not completed the repairs and has not kept her informed of when they will be completed. Apologising and carrying out the repairs remedies the injustice.
The complaint
- The complainant, who I shall call Mrs X, complains the Council has delayed carrying out the repairs and actions in its stage 2 complaint response.
- Mrs X says she is worried about the damage to the property she rents out.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
- Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
- Mrs X is a landlord. She leases a property to the Council to use as Temporary Accommodation under a private lease scheme. There are tenants in the property, who have been there for over 5 years.
- Mrs X made a stage 2 complaint to the Council that:
- Mould treatment had not been carried out.
- Doors and door frames in the property had not been repaired.
- Repairs to the kitchen have not been progressed.
- The Council had not written to the tenants about their responsibilities.
- The temporary accommodation team had not contacted them.
- The Council responded that it was at fault, in that the work identified in inspections had not been carried out and an officer had not contacted her. The Council said that officers did email the tenants about the terms of their tenancy agreement.
- The Council apologised and recommended a number of service improvements:
- Inspections should be carried out routinely every 6 months.
- All works identified following an inspection should be reported to the Council’s contractors promptly.
- Reviewing the existing monitoring of stage one complaints replies to ensure recommendations were actioned.
- The Council said that it had a new contract with contractors who did not start until 1 October 2024 but it would schedule the works after that date. The officer responding to the complaint said they were recruiting for new staff but they would contact them to ensure contact was consistent. The officer said regular inspections would start once staff were recruited.
- In response to my enquiries the Council has said the mould treatment and decoration throughout the property was completed on 1 May 2025.
- The Council apologised that the other works had not yet been completed but they would advise on the dates they would be carried out as soon as possible for:
- the installation of matching kitchen work surface upstands and a replacement 900mm breakfast bar.
- supply and fit of new internal doors and any works to frames.
- The delay in completing the works promised and poor communication by the Council is fault. Mrs X has explained the works are not holding up a planned rent increase, but that she is worried about the damage to her property not being repaired. The Council has already apologised, so completing the works and providing her with a named contact remedies the injustice.
Action
- The Council will carry out the following actions within 3 months of the date of the decision:
- Carry out the agreed works to the property.
- Provide Mrs X with a named contact for the housing repairs.
- Invite Mrs X to a site inspection once the works have been completed.
- The Council should provide us with evidence it has complied with the above actions.
Decision
- I have completed my investigation and this complaint is upheld. I find fault causing injustice. The Council has agreed actions to remedy injustice.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman