A TENANT is claiming a “moral victory” after a watchdog awarded him £350 after a toilet 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 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. 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, “as he thought it might embarrass David James into instructing a plumber”.

Mr Nicke said he felt the delay in resolving the problem 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.

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

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.