On 10 July 2024, the Housing Ombudsman wrote to the chief executives of all social housing providers encouraging them to review their complaints relating to windows and identify any actions that need to be taken. You can read more about the letter here. 

Informed by a recent caseload relating to window complaints, the Ombudsman identified cases where repairs to windows were either:

• not robustly risk assessed; 
• unreasonably deferred due to planned cyclical works; or
• the information provided to residents about newly installed windows did not sufficiently address the risks identified with usage. 

The letter recognises that lack of funding and historic investment in social housing has contributed to the current circumstances and that many landlords are focused and proactive. It highlights the future objective of a revised Decent Homes Standard.

To address current issues with windows, the letter encourages landlords to:

• where appropriate, risk assess reports of issues relating to windows, taking into account the circumstances of the household and be prepared to evidence its consideration and actions;
• engage appropriate expertise in surveying the windows and take ‘reasonable, clear and consistent’ actions on their recommendations;
• ensure any information for residents on the operation of windows, especially where newly installed, is clear, comprehensive and accessible; and
• ensure any deferral of repairs to planned programmes is reasonable and justifiable under repairing obligations under e.g. s11 of the Landlord and Tenant Act 1984.

This latter point is becoming a familiar topic in disrepair claims, as cases increase of tenants instructing solicitors to seek damages for delays specifically related to window repairs.

Case studies are promised by the Ombudsman and on 13 August 2024 it published its first report highlighting three cases that speak to the identified themes relating to windows. 

For more information about addressing window complaints or disrepair claims in general, please contact me.