Tenant wins housing dispute award

A tenant is claiming a “moral victory” after a watchdog awarded him £350 after a toilet fitted in his home didn’t flush properly. 

Adam Nicke was awarded the compensation after bringing a complaint against letting agents David James, which manages the home he rents in Chepstow. 

“It is a moral victory more than a financial one,” said Mr Nicke of the decision by the Property Ombudsman, the government-approved independent scheme responsible for considering complaints against property agents. 

The decision is the third time since 2018 that the service has awarded Mr Nicke compensation, having upheld – in part – some of a number of lengthy complaints he has made about David James’ services. 

The latest was that a toilet at his Camp Road home didn’t flush properly and after a number of unsuccessful attempted repairs a third and final replacement had to be fitted by the tenant himself.

The bathroom was first refurbished in 2018, and Mr Nicke raised concerns about the size of the toilet at the time. It was then replaced in February this year with one he had chosen, but the ombudsman’s report stated: “the complainant noted almost immediately after its installation that the flush did not adequately remove faeces from the pan.” 

Delays in resolving the issue ended with the landlord agreeing, through David James, that Mr Nicke could receive a refund for the toilet to buy a new one if installed at his own cost, which was done in April this year. 

Mr Nicke told the ombudsman he had only offered to install the third toilet, which is now working correctly, he “as he thought it might embarrass David James into instructing a plumber”. 

Mr Nicke said he felt the delay in resolving the problem with the toilet was due to “penny-pinching” but was pleased to have had some of his complaints upheld and for the award of £200 compensation related to the toilet, along with the remaining amount due to failures in communication. 

As he’d previously been awarded sums of £150 and £200, due to delays in issuing him with a written contract and a failure to provide him with the landlord’s contact details, as required by law, he expected a similar amount this time. 

But he feels a larger compensation award would ensure greater compliance with the standards expected. 

“£350 is a slap on the wrist, I don’t think it will stop or deter anyone, £3,500 might make someone think twice,” said the former television researcher who hopes the award will help make tenants aware of their rights and not fear making complaints. 

“Everybody thinks, like their grandparents’ generation, they will get evicted and see their furniture on the streets, or people seem to think being a landlord is some philanthropic gesture, but they are obligated to make repairs. 

“People don’t realise what their rights are and that we can take these people on.” 

Stewart Waters, managing director of David James, said he didn’t think the accusation the landlord had been “penny pinching” could be stood up and said in the past three and half years he had spent an “awful amount of time” on the case and in responding to the large number of complaints submitted by Mr Nicke. 

He also pointed out that three toilets had been professionally fitted before the tenant did the work himself. 

Mr Waters said he had offered to go through mediation, a point acknowledged by Mr Nicke, who has said that would cost him financially.