Should I accept compensation or go to the Property Ombudsman?

georgie_p

I'm debating whether to accept £250 compensation as a gesture of goodwill or proceed to complain to the Property Ombudsman. Here's some background on the complaint I've filed with our letting agent for a privately rented property we've been renting since June 2018.

• Since moving into the property there have been numerous maintenance issues including leak under the sink, leaking downstairs toilet, issues with the back patio door, burst radiator pipe in the living room, hot water temperature above 60 degrees celsius, living room carpet needing replacement due to exposed underlay and nails, kitchen sink replacement due to lack of sealant, etc.
• We pay £1100 pcm for the property and look after it well, however, up until the beginning of 2020, the staff at the letting agents have been reluctant to help and have even tried to get contractors to blame us (the tenants) for problems with the property. Example: in the living room, the landlord had put up a curtain pole but had actually placed a screw through the radiator pipe which slowly put pressure on it over the months causing it to burst and water was pouring out of the wall when the curtain pole fell down. I was pregnant and called the letting agents. They sent a handyman out and he had the phone on speaker - the letting agent said: "is there any way you can make it look like the tenants did this". He was shocked, and so were we, but as the call wasn't recorded there is no proof.
• We were sent various handymen to fix the leaking sink; one arrived who was an apprentice and couldn't figure the issue, another arrived who wasn't a plumber and had to call his Uncle on speakerphone to try and establish the issue, concluding it was just condensation (on a plastic pipe which had caused the sink cupboard to bow and be soaking wet). The leak under the sink has only just been resolved around 2 weeks ago - we have been complaining about this for 2 years.
• We've had contractors turning up at the property during COVID without prior warning; no text or call, and no notification from the letting agent. We've had to refuse them at the door.
• We've had contractors not turning up at all, meaning we've had to call to find out what's going on and end up cancelling as they don't turn up.
• We've had contactors trying to physically open the front door whilst we've been in the property and peering through our letterbox
• We've had contractors turning up and removing their PPE inside our property which we have photographic evidence of
• We have notified the letting agents that there are two vulnerable people living in the property and PPE is an absolute must (as well as it being government guidelines)
• We've had lettings agents not responding to emails or telephone calls, and in response to our complaint, the initial reply was just an apology (after two years)
• We are still waiting for the living room carpet to be replaced and for the walls to be repainted where the radiator pipe leaked in August 2018, as well as where the toilet was replaced in 2019
• When we moved out of our property in 2018 (same letting agent) and into a new property, we were accused of leaving rubbish at the property (which wasn't ours), with agents screaming down the phone telling us to remove it or we will be fined
• Ironically, when we moved into the said property in 2017, there was so much rubbish and incorrect recycling left at the property that the bin and recycling men refused to take it so we had to take it to the tip ourselves

We've had nothing but issues with this letting agent, though many of the issues were with previous staff members who were fired from the agency. However, I am not sure whether we should accept the £250 compensation or proceed with the Ombudsman. It's not about the money (though the gesture is appreciated), it's about the fact that we've endured 2 years of this, paying nearly £30k in rent, and have only just got to the point where all of the issues may be resolved. The lack of PPE is a big deal for us, as well as the peering through the letterbox and random people turning up. There's a huge lack of communication, and we even have an email from the area manager to his staff saying they are looking like a prize bunch of bananas. 

ASIDE FROM MOVING HOUSE, does anyone have any thoughts?

AdrianC

Have you told your landlord how bad his agent is?
Have you considered moving?

georgie_p

AdrianC said:

Have you told your landlord how bad his agent is?
Have you considered moving?

Yes we sent a letter to the landlord and they didn't reply; they sent the letter onto the agent to deal with it - sigh. We were actually trying to inform them that they were paying so much on contractors who were useless and didn't actually fix the issues.

Moving isn't an option at the moment, we have a young child and are saving for a mortgage.

AdrianC

Moving IS an option. It's just one that you find less desirable than staying in the current property.

Angela_D_3

I’d move I really would.  It’s a pain but it’ll be worth it 

georgie_p

AdrianC said:

Moving IS an option. It's just one that you find less desirable than staying in the current property.

No, it isn't an option. Where we live the fibre internet cabinets are full, meaning if you move to another property within the area (which is where we can afford given our requirements) we will lose the connection, reverting to broadband which isn't sustainable for our business which we run from home. Please don't assume people have options when you don't know their background.

[Deleted User]

This does not answer your question, but may be relevant for the future.  As you will continue to stay in the property you need to be aware of how you can get the repairs completed yourself and paid for by the LL/LA.  This is not always relevant, but IS when you've waited two years for a repair to be completed, but the procedure must be followed strictly.https://england.shelter.org.uk/housing_advice/repairs/doing_the_repairs_if_your_landlord_wont

You can phone them as well. However, you will have to be able to defend the fact that you haven't always let contractors in to repair the property.  Perhaps (not that you should but it might help you to get these repairs done) keep a store of masks and gloves in your property by the door.  You should be able to clean up after them if you wear gloves and a mask.  Put a notice on your door that says no admittance without PPE.  I am high risk too, but don't stop people coming in when I need them too.  Yet to get COVID as I don't go near visitors and clean up after them. Its not quite the same as going to a party and talking closely with crowds of drunks.  Keep your distance, clean up, wear masks.

greatcrested

Much depends on how agravated you are and how much stress you can handle.

The quick solution is to accept their offer, perhaps insisting on some kind of statement from them as to how they'll act in future (eg advance notification/agreement of all future visits etc). Then you can move on.

A formal complaint will drag things out, and (assuming successful) probably won't get you much more than the £250 already offered:

If you support my complaint, what can you do?

If we support your complaint against one of our member agents, we can make them take action to put things right. For example, by giving a formal apology, changing their procedures or paying you compensation up to £25,000. (If we resolve a dispute for a different body – like a search provider – the compensation limit can vary. We will let you know the maximum amount relevant to the type of organisation when we receive your complaint.)

Amounts over £500 are not awarded very often – only when there is absolutely no doubt that an agent has caused you significant financial loss. Most compensation is less than £500 and we award it for any aggravation, distress or inconvenience the agent has caused you.

But you'd also have the satisfaction of knowing they'd been formally slapped on the wrist.

numbercruncher8

There surely has to be somewhere that has fibre, even if it means moving further than anticipated.

£250 doesn't really cut it for the inconvenience suffered, but some of this may be difficult to prove.

Ultimately your only real leverage is to leave the property, this leaves the landlord with a void and thus a motivation to repair what was wrong. However, you've put up for it for 2 years and hence the letting agents have probably concluded that they can treat you badly, because you will put up with it.

princeofpounds

I would take the compensation. You would have a hard time demonstrating real loss or damage to an ombudsman - frustration, unfortunately, doesn't count. You would also find it unlikely to get a much larger reward. https://www.tpos.co.uk/our-final-decision-and-compensation.

You may also want to read this:

https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs
https://england.shelter.org.uk/housing_advice/repairs/doing_the_repairs_if_your_landlord_wont

Don't be too prickly about people suggesting you move. Whilst you may have a young child, savings objectives and a need for good broadband, it's still a choice. You can move to another broadband cabinet.

greatcrested

princeofpounds said:

I would take the compensation. You would have a hard time demonstrating real loss or damage to an ombudsman - frustration, unfortunately, doesn't count. You would also find it unlikely to get a much larger reward. https://www.tpos.co.uk/our-final-decision-and-compensation.

Not quite. As the quote from TPOS above says:

Most compensation is less than £500 and we award it for any aggravation, distress or inconvenience the agent has caused you.

in contrast to what a court would award.