Golding Homes Limited (202014847)

REPORT

COMPLAINT 202014847

Golding Homes Limited

11 March 2022

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

This complaint is about the landlord’s handling of:
1. repairs to the resident’s bathroom, hallway and kitchen;
2. repairs to the resident’s boiler;
3. the resident’s reports of damp affecting her property.

Background and summary of events

Background

The resident is an assured tenant whose tenancy began on 9 July 2007. The landlord has described the property as a one-bedroom first floor flat. The flat is within a seven-storey block.
The resident advised the landlord during the period covered by this complaint that she was taking medication for health conditions such as depression and a hernia.
The tenancy agreement obliges the landlord to keep the structure of the property, including gutters, outside pipes, kitchen and bathroom fixtures, water pipes and shared areas, in good condition. It adds that when a repair is reported, it will categorise this according to urgency and leave decorations as close as possible to how they were before the works. The ‘right to repair’ clause says that a resident will be entitled to compensation if the landlord fails to complete repairs within ‘certain timescales’ on the first and second attempts.
The tenancy agreement sets out that the resident should insure their own belongings and keep the inside of the property in good repair and well decorated.
The landlord has a ‘repairs guide’ that shows it aims to complete emergency works within 24 hours and routine repairs within 20 working days. It classifies repairs such as blocked main drains and plumbing leaks as emergency and partial heating system failures as routine. It sets out that residents are responsible for repairs to internal doors, minor plaster cracking, internal decorations and toilet seats. It adds that its representatives will use dust sheets or protective coverings.
The landlord has a complaints policy that shows it aims to resolve complaints within one working day where possible. Failing that, it sets out that it will resolve complaints within eight working days at both its initial and review complaint stages. It adds that it cannot investigate events that occurred more than six months previously.
The landlord has a ‘compensation guidance note’ that shows it can award a percentage of rent as compensation if a resident experiences loss of facilities and can pay up to £500 where its service failure has caused severe distress or inconvenience. It adds that it does not award compensation where a resident claims for loss of earnings and its separate ‘compensation policy’ confirms that it will direct the resident to make an insurance claim where there is damage to goods.
The resident’s complaint partly concerns the impact of service failure on her health, a personal injury claim, damage to her possessions and events that occurred dating back several years. It is not the role of the Ombudsman to establish a causal link between health and a landlord’s failings or to order damages in the way a court might. We are also unable to investigate matters that were not brought to the attention of the landlord as a formal complaint within a reasonable period of those matters arising – events that occurred prior to 2020 are therefore outside the scope of this investigation. This investigation has reviewed the landlord’s handling of repairs at the resident’s property from March 2020 when the resident began to regularly raise the concerns that were subsequently considered through the landlord’s complaints process.

Summary of Events

The landlord’s repairs records show that a works order was raised on 5 March 2020 due to a boiler leak. A further order was raised on 31 March 2020 for the existing boiler flue to be removed but this was cancelled the following day (the landlord’s subsequent records show that the flue required relocation to a different elevation to avoid water penetration in extreme weather).
The landlord’s records show that works orders were raised in May 2020 due to blockages to the bath and bathroom wash hand basin (this was a recurrence of an issue dating back several years according to the landlord’s repairs records).
The landlord completed a gas safety check at the resident’s property on 15 June 2020 with the boiler flue passing performance and visual inspections tests.
The landlord’s records show that a works order was raised on 31 July 2020 again for a blocked wash hand basin.
The landlord’s repairs records show that further works orders were raised during October-November 2020 for the boiler flue relocation and the blocked wash hand basin.
The resident made a report on 2 November 2020 of roof leaks affecting communal areas of the block.
The resident wrote to the landlord during November 2020 – she mentioned a cancelled meeting, its failure to attend to boiler flue works, concerns about old heating pipework, damaged kitchen decorations and incorrect fittings to the bathroom waste pipework that she said had caused damp and multiple drainage call outs over 13 years.
The landlord made a note on 9 December 2020 that the resident had reported a leak from the bathroom wash hand basin for which a plumber would attend that day. The resident later reported there had been incompetent workmanship.
The landlord wrote to the resident on 14 December 2020, advising that it would provide a schedule of works to her in due course and noted on 17 December 2020 that it had agreed to complete boiler flue works at the resident’s property in late January 2021. It also recorded that the resident had requested assistance with storage of belongings and that it had already considered a leak in the bathroom on a few occasions and would consider this again on 21 December 2020 together with any potential remedial works needed.
The landlord’s internal emails show that it noted on 7 January 2021 that the resident had concerns that works should not progress given the Covid-19 lockdown. It added on 8 January 2021 that it had attempted to agree a works schedule in December 2020 but the resident had rejected this because of the type of flooring it had offered. It recorded that it had intended to commence an agreed works schedule on 11 January 2021 but the resident had raised concerns such as Covid-19.
The landlord’s internal emails show it noted on 22 January 2021 that the resident felt the boiler was unsafe so it requested for an inspection albeit it understood the flue relocation was a recommendation only. It recorded later that day that the resident claimed she did not have use of her bathroom and there was a problem with kitchen electrics.
The landlord recorded on 25 January 2021 that the resident was seeking a rent reimbursement and a leak had been reported. The resident wrote to the landlord on this date, reporting that she had experienced three months of bathroom waste pipe blockage, six years of an incorrectly installed flue and multiple visits to repair a leak that was caused by its operatives in November 2020.
The landlord noted on 27 January 2021 that it had completed works to remedy a bathroom pipework leak and made a record on 28 January 2021 of potential roofing faults that could be the cause of a leak into the communal parts of the block.
The landlord noted on 29 January 2021 that the resident had chosen some bathroom tiles and requested a new bath panel, wash hand basin, new uPVC skirting, flooring and decorations with works expected to take five days.
The resident submitted a list of works to the landlord on 31 January 2021, including:
1. bathroom – new tiles, skirting boards, installation of a free-standing wash hand basin with correct fittings to the waste, new bath panel, flooring and decorations
2. kitchen – overhaul extractor fan, replace some boxing in, replacement of a cupboard by the boiler and decorations
3. hallway – re-papering of all walls
4. bedroom – check the neighbour’s balcony, fill cracks to the bedroom and decorations.
The landlord and resident exchanged emails on 4 February 2021 – the latter advised that she wanted compensation and assurances (before works began) that her belongings would be replaced if damaged; the landlord advised an inspection would occur on 12 February 2021, it was waiting on a garage for storage of the resident’s items and any damage would be made good.
A surveyors report was produced and a works schedule drawn up on 15-16 February 2021 for the landlord to carry out repairs to the resident’s property such as:
1. adjustments to wall units, extension of a worktop, electrical works, overhaul of an extractor fan and decorations to the kitchen
2. stripping of wallpaper and decorations to the hallway
3. filling of cacks and decorations to the bedroom
4. re-tiling and new flooring to the bathroom plus renewal of the wash hand basin, bath panel, shower curtain and decorations
5. decoration works to a hallway cupboard.

It noted on 18 February 2021 that it had discussed and agreed the schedule with the resident.

During late February-early March 2021, the following actions occurred:
1. the resident asked for works to be booked in and mentioned there had been 20 visits since November 2020, listing outstanding works (including to the communal hallway) and requesting an apology given her worsening depression and damage to her bathroom and hallway
2. the resident requested compensation for inconvenience (including her belongings stacked up in her hallway), rent since November 2020, personal injury, loss of wages and 30 boiler visits
3. the landlord’s contact records show that it spoke to the resident on thirteen occasions during March 2021, on average for an hour at a time and usually about repairs at the property
4. the landlord was planning to complete boiler works with remedial works following (which it expected to take three to four weeks to complete)
5. the resident submitted a personal injury claim to the landlord on 6 March 2021 for injuries she advised she had sustained by the landlord not moving household items for her and by her having to move items back and forth when it cancelled works.
The resident complained to the landlord on 7 March 2021, reporting that it had failed to adhere to an agreement that she would be provided with a schedule of works that could be signed off as and when repairs were completed. She provided a ‘losses schedule’ that she asked to be paid to her before repairs could take place from 15 March 2021 – this included:
1. £9,000-£21,000 for a personal injury claim and £2,500 for emotional personal injury
2. £3,500 for emotional distress caused by the landlord lying to her since November 2020 about potential provision of a garage and packing her belongings
3. £1,500 for inconvenience
4. £1,500 for 30 days of boiler repairs from October 2014
5. £6,000 for loss of salary from October 2019 due to changes to start and end dates of works and multiple staff entering her property
6. £1,000 for staff not wearing PPE in her property despite Covid-19
7. £2,400 rent reimbursement from October 2020
8. £400 for a damaged hall carpet that had recently been damaged during works
9. £3,500 for her project managing repair works from 2014
10. £250 for its failure to check gas pipework
11. reimbursement for her belongings damaged by her trying to stop plumbing leaks.
The landlord wrote to the resident on 9 March 2021 – it suggested the removal firm could visit her the following day to discuss moving and storing her items.
The resident asked the landlord on 9-10 March 2021 for it to log a complaint about its discrimination against her and failure to speak to her. She reiterated that no works would proceed until the landlord awarded compensation and asked for details of planned boiler flue works.
The landlord’s internal emails show that it planned to erect scaffolding and carry out boiler flue works on 15-16 March 2021; it noted on 12 March 2021 that these works were cancelled at the request of the resident. It added that the removal company would pack and undertake removals on 22 March 2021 followed by three to four weeks of repairs.
The landlord wrote to the resident on 11 March 2021, providing a schedule from 12 March 2021 as to its plans to move her belongings and carry out boiler flue and hallway cupboard works. The resident replied the same day – she refused the works to proceed as she disagreed with the schedule and how the landlord had managed its communications with her. She also repeated her distress, alleged that the landlord had breached lockdown rules by sending operatives to the property and asked for all works to be cancelled.
The landlord issued a complaint response on 12 March 2021 – it concluded that:
1. the resident’s personal injury claim had been passed to its insurers and it could not compensate her for loss of wages
2. £1,000 compensation had been awarded in December 2020 for inconvenience, multiple appointments and incomplete works to that point
3. a further £1,000 compensation would be awarded for inconvenience to date, with reference to boiler repairs that it said had not been considered previously
4. it had tried to maintain a single point of contact for the resident but this was difficult due to staff turnover and it had changed contractors on the resident’s request
5. it did not agree that it had lied and the plan for the resident’s belongings had changed as it was now able to offer to pack and store these
6. its visits to her property had been in line with government guidance but it asked for specific details of any occasions where appropriate PPE had not been used
7. it would not refund rent since October 2020 given the property had been habitable but it awarded £50 compensation for the delay in responding to the rent refund request
8. it apologised and awarded £50 compensation for a failure to respond to the resident’s request for an electrical safety check inspection to be re-arranged
9. it asked for more details about the alleged damage to the hallway carpet
10. as a gesture of goodwill, it had agreed to the resident’s non-standard choices of tiling, paint, wall-mounted sink, plastic skirting and hallway decorations and intended to pack, store belongings and undertake a deep clean
11. it committed to provide weekly updates from a single point of contact and had given the resident an intended works start date to resolve all outstanding issues
12. a further £50 compensation was subsequently added because an IT fault meant the response was not issued until midnight.
During March-May 2021, the following events occurred:
1. the resident rejected the £1,000 compensation offer, reported an incorrectly fitted sink pedestal, broken bath panel and inadequate decorations, mentioned a leak into the kitchen, outstanding gas safety work and asked for all boiler works to be cancelled
2. the resident advised the landlord in mid-March 2021 that she did not want its contractors to move any of her items and wished works to be cancelled as it had failed to send her information about the insurance claim and refused to send staff to supervise works
3. the landlord noted that the February 2021 works schedule was passed to its contractor on 16 March 2021
4. the resident continued to report in late March 2021 that her bathroom works and personal injury claim were still outstanding, staff had failed to wear PPE, remove or protect carpets and a correct schedule had not been provided
5. by the end of March 2021, the landlord’s records show that the resident had changed her view on the bathroom tiles to be used, whether the hallway should be papered or painted and if the hallway cupboard should be plastered or not but that it had been on site for six working days (out of the planned 27)
6. the resident made a report of mould and leaks to communal hall ceilings on 31 March 2021; the landlord acknowledged the report on the same day and forwarded it to its contractors
7. the resident advised the landlord in early April 2021 that the bathroom looked lovely but there had been leaks on the wash hand basin due to a failure to angle the pipework and install a seal correctly, her shower electrics needed to be re-connected and other works such as kitchen decoration, hallway decoration, boiler flue and electrical works needed to be progressed plus she asked for the landlord to contact her more regularly and for her belongings to be returned
8. the landlord’s contact records show that it spoke to the resident on three occasions during mid-April 2021, with the call descriptions showing as ‘support call’, and wrote to her advising that if accidental damage was caused to her belongings during works, it would look to repair, replace or cover this through insurance or compensation
9. by mid-April 2021, the landlord’s internal records show that it had noted completion of kitchen electric, kitchen cupboard and decoration works but that the resident had asked it not to complete the worktop renewal if it did not match her existing worktop and had reported damp so did not want bedroom works to proceed
10. during late April 2021, the landlord recorded that the resident continued to raise concerns about its failure to maintain regular contact with her and the need for more belongings to go into storage
11. the resident also asked for her neighbour’s balcony to be checked before bedroom works began, suggested the boiler was unsafe and mentioned an ‘asbestos bubble’ to her bedroom ceiling, a cracked bedroom wall, outstanding hallway decorations, a fault on the new bath panel, a failure to replace kitchen boxing in and the landlord’s refusal to replace her carpets
12. the landlord noted on 27 April 2021 that it was completing hallway cupboard works that day but the resident had changed her mind about it completing works to the hallway woodwork so it had agreed to complete this when it returned to do bedroom works (which it intended to do in late May 2021)
13. the landlord’s contact records show that it spoke to the resident on five occasions during May 2021, with one conversation described as a ‘weekly call’ and two others as ‘support call’.
The resident made a report to the landlord on 4 May 2021 that there were still works outstanding, including the bath panel, cleaning of tiles, removal of damp kitchen boxing in and hallway decorations but that she had asked the contractor to cease works because of the landlord’s refusal to increase compensation. She added on 5 May 2021 that compensation should not have been decided upon until works were complete.
The landlord issued a complaint response to the resident on 6 May 2021. It largely reiterated the findings from its earlier complaint response and concluded that:
1. the personal injury claim had been shared with its insurers who would contact her separately
2. the turnover of staff and interruption caused by Covid-19 was unfortunate but it could not award compensation as a result
3. it had planned to allow the resident use of a garage so had not lied about this but had later agreed that it could pack and store belongings on her behalf
4. its visit to her property had been undertaken with all required risk assessments in place and it asked her for details of what PPE was missing and when
5. the inconvenience of the resident having to be involved in repairs at her property had been factored into the £1,000 compensation awards
6. it would confirm a date and time for post-inspection of completed works to ensure there were no health and safety concerns
7. it had arranged for an independent review of the complaint which would be conducted by its assistant director through a remote panel meeting on 20 May 2021.
The landlord’s internal emails show that it noted on 7 May 2021 that leak detection work in the block needed to be expedited as this may have an impact on the remedial works to the resident’s bedroom.
The resident wrote to the landlord during early May 2021 to query the extent of hallway works due to be completed and complain at the length of time her belongings were in storage and it had taken to pass on her personal injury claim.
The landlord’s internal emails show that it noted on 11 May 2021 that the resident had refused boiler flue works the week before and said that she would not allow all works to be completed during 7-8 June 2021. It recorded that the kitchen, bathroom and hallway cupboard works were all completed by this point (except for the kitchen worktop) and that the resident had asked it not to progress the bedroom works (because of her concerns about her furniture) or the hallway works (because of her concerns about damage to her carpet).
The resident made reports in mid-May 2021 of mould in the communal corridors, advised that she would not allow repairs staff into the property given the landlord’s failure to answer her questions and asked for it to be known that she had been asked to pack and move her possessions herself despite the landlord being aware of her disability.
The landlord noted on 19 May 2021 that it was aware of a leak at the block affecting various properties and that remedial works to the resident’s bedroom could not proceed until this was resolved. It reviewed progress with the February 2021 schedule the following day and noted that there had been delays as the resident had raised new issues, amended preferences and refused its offer to make progress on 7-8 June 2021.
The landlord issued its final complaint response to the resident on 25 May 2021 which it advised was an outcome to the 20 May 2021 panel hearing (that the resident had attended). It concluded that:
1. it could not provide a management move yet so it made an offer for bed and breakfast accommodation but the resident had refused this due to her belongings needing storage
2. it offered for the belongings to be stored in the living room (where no works were needed) but the resident had refused this option because she was storing other items there
3. the resident had refused further works and the landlord’s offer to send a surveyor to assess for any health and safety works
4. it offered to professionally clean the resident’s carpet but the resident had refused this because there were belongings in the way
5. it agreed to reply to the resident’s emails on a weekly basis
6. the £1,150 compensation payment would be received by her by 31 May 2021
7. it would provide an update on the resident’s personal injury claim by 28 May 2021.

Summary of Events after the landlord’s complaint’s response dated 25 May 2021.

Since May 2021, the landlord and resident have continued communications and the landlord has conducted further works (related to the same repairs matters that were the subject of the original complaint) and awarded compensation in addition to that offered in its final complaint response (most recently in March 2022). These matters have therefore been reviewed and are summarised below:
1. the resident advised the landlord in late May 2021 that all communication would cease and go through solicitors because it had failed to provide her with the correct instruction to the contractors and an end date for works and she asked to be moved with all expenses paid
2. the resident chased the landlord during late May to late June 2021 on progress of her personal injury claim; the landlord later awarded £200 compensation in late July 2021 for its delay in logging the claim (which the resident indicated she accepted) and offered assurances that this would not happen again
3. arrangements were made for a management move during June 2021 although this was refused by the resident in late July 2021 due to concerns about the condition of the bungalow and moving arrangements
4. the resident’s boiler was renewed during June 2021 and passed a gas safety check but she asked for compensation for the incorrectly located flue she said had been in place for the previous six years; the resident passed on a ‘gas safe register’ report that showed the new boiler had been inspected on 19 July 2021 with defects identified, including lack of support and fall on the condensate pipe
5. the resident made reports during July-August 2021 of a mould problem to communal hallway ceilings (the landlord had already noted in late June to early July 2021 that there were potentially leaks from redundant pipework in the block and that it had a plan to inspect several properties)
6. the landlord noted in mid-July 2021 that it had not agreed to replace hallway and kitchen skirting boards and the bedroom wall works could only proceed once a leak in a neighbouring flat was remedied
7. the resident reported in late July to August 2021 that the landlord had failed to complete boiler works recommended by ‘gas safe register’ and that a leak from her kitchen taps was ongoing too, causing damage to kitchen units
8. the landlord wrote to the resident in early August 2021, following a meeting with her, detailing works outstanding, including hallway decorations, repairing a bedroom plaster crack and addressing bathroom mains pipework and kitchen cupboards, adding that a surveyor would visit in early September 2021
9. the resident asked the landlord in early September 2021 to cancel a proposed visit by a manager but reported outstanding works to it later that week, including a failure to re-plaster in the bedroom and hallway following historic leaks as well as the need for kitchen unit, worktop and skirting board replacements and tap repairs
10. the landlord inspected the property in early September 2021, noting some outstanding works such as the bedroom wall crack, kitchen and hallway skirting boards and additional kitchen units
11. the landlord inspected the property early in October 2021, noting it could raise orders to inspect the bathroom waste, apply sealant to the bath panel and move a kitchen cupboard if the resident preferred (but there was no safety concern); it noted no visible signs of rot and no problems with decorating over lining paper, with a kitchen tap leak or with bubbling to the bedroom ceiling
12. the landlord awarded further compensation of £500 in October 2021 for inconvenience caused to the resident by problems with the old boiler and incorrect position of the flue
13. the landlord offered to meet with the resident in October 2021 to discuss how to overcome the challenge of completing works while the resident remained in the property given she had refused to move out temporarily
14. the resident wrote to the landlord in mid-October 2021 – she reported rotten woodwork, asked it to cancel works until her bathroom waste pipework had been corrected, said that decorations to most rooms were outstanding and advised there was likely damp throughout the building, including to her flat and communal areas
15. the landlord advised this Service in November 2021 that there were no outstanding repairs to the boiler or flue required and there was an ongoing leak affecting communal areas of the building but it was unable to divulge details of the planned works as it involved other addresses
16. the resident reported further repairs such as to kitchen taps, radiator pipework, a leak affecting the living room wallpaper, bathroom drainage, kitchen units (due to penetrating damp) and mould growth in communal areas from November 2021 to February 2022
17. the landlord confirmed in December 2021 that it had received a drainage report that recommended bathroom drain pipework repairs (and offered in January 2022 to re-run the pipework)
18. the landlord advised in January 2022 that it would need to resolve the cause of damp to the property before completing decorations and conducted a damp inspection in February 2022 (which the resident advised this Service she has requested the results of but the landlord has been unable to share)
19. some decoration works were carried out in February 2022 but the resident raised concerns that damp walls had been decorated over
20. the landlord wrote to the resident on 28 February 2022, offering to complete bathroom pipework repairs during March 2022 and to carry out further remedial works once damp-related external works are complete
21. the landlord advised this Service in March 2022 that it awarded further compensation of £200 (in January 2022) in recognition of the kitchen and bathroom repairs failings and a further £200 (in March 2022) in recognition of the bathroom waste pipework issue
22. the landlord advised this Service in March 2022 that it has informed the resident that it has learned lessons from her case by ensuring in future that it ‘will review multiple repairs to a home/block more holistically, so they can consider any different ways to address the repeated issues (diagnose and remedy) differently’ and that its tenancy manager head of department will maintain weekly contact with the resident.

Assessment and findings

Repairs

The landlord was aware in May 2020 and July 2020 that there was a potential problem with drainage from the bathroom facilities (its repairs records show that similar reports had also been made in previous years). There is no record of what the landlord did in response to these reports, including any assessment of repairs that may be required. The landlord’s repairs guide indicates that blocked drainage should be handled within 24 hours as an emergency repair – the landlord’s failure to do so was inappropriate and will inevitably have caused distress and inconvenience to the resident.
The resident reported further problems in her bathroom in November 2020 when she also advised that kitchen repairs were needed. Although the landlord attended the resident’s property in December 2020, it failed to draw up a full schedule of works required to the property until February 2021 – this represented a further unreasonable delay and was inappropriate.
In mitigation, November-December 2020 was a difficult period for landlords as the government introduced a second national lockdown and evidence suggests that the resident understandably requested that the landlord suspend inspections due to Covid-19 concerns – some delay during this period was therefore inevitable.
Further, the landlord reviewed its handling of repairs to the resident’s property in December 2020. It apologised for the delays up to this point, awarding compensation of £1,000 for the inconvenience and distress caused to the resident. This Service has not been provided with a breakdown as to how the landlord calculated this figure but the level of compensation awarded was significant, particularly given the mitigating factor of Covid-19, and represented appropriate redress for the failings of the landlord up to December 2020.
The landlord drew up a schedule of works during 15-16 February 2021 – this included repairs to the resident’s bathroom, kitchen and hallway, accurately reflecting the resident’s concerns that she laid out in her January 2021 correspondence. Although works commenced in March 2021, the majority were not completed until mid-May 2021 – given the landlord expected works to take almost a month, this represented another unnecessary delay. The delay meant that the resident experienced upheaval as most of the rooms in the property were subject to some works albeit there is no evidence that the property was uninhabitable or that rooms were put out of use throughout this period.
During this period, the resident made requests that the landlord regularly post-inspect works, co-operate with her to mark off repairs as and when they were satisfactorily completed and be present on site. The landlord failed to demonstrate how it considered these requests and there is no evidence that it communicated effectively with the resident to clearly explain why it was unable to meet her expectations or that it maintained accurate records as works progressed. This meant that it was unable to promptly respond when she made allegations that works were substandard, operatives did not have appropriate PPE and her belongings had not been adequately protected. Given the resident had already set out her anxiety about the works and the landlord was aware of her mental health concerns, this was unreasonable and likely contributed to the resident’s distress and lack of confidence in its ability to resolve her concerns.
In mitigation, there is evidence that some delay was caused during March to May 2021 as there were occasions when the resident refused progress as she wished the landlord to prioritise a decision on compensation and the landlord had to adapt to the resident’s requests for assistance with moving and storing belongings – these factors had an inevitable impact on the landlord’s ability to expedite works.
Although the landlord apologised for its repairs failings through the complaints process (and awarded £1000 in March 2021 towards the separate boiler repair issue), it did not make a revised compensation award at this time to recognise the impact of its delays from January 2021 to May 2021 in completing the bathroom, kitchen and hallway works – this meant it failed to offer sufficient redress to the resident.
At the time the matter exhausted the landlord’s complaints process, the resident continued to make reports of outstanding repairs to the landlord – these were partly related to repairs that had been included in the February 2021 schedule and partly new. The landlord took steps to expedite the resident’s continued concerns by making a management move offer in June 2021, meeting with her in August 2021, inspecting the property during September-October 2021 and later offering to complete works outside of its repairs obligations. These were reasonable steps on the part of the landlord to seek a pro-active resolution to the resident’s complaints.
Although some bathroom repairs were completed by May 2021, the landlord acknowledged in August 2021 and October 2021 that the bathroom drainage issue was yet to be resolved. It said in December 2021 that it had received a drainage report and offered to re-run pipework in January 2022 (and again in March 2022) but it would have been appropriate for the landlord to have checked for any problems with bathroom drainage when it drew up its original schedule in February 2021, particularly given the resident had advised it of the historic nature of the problem. Its failure to do so meant that it contributed to a delay of more than 12 months in progressing these works (which remained outstanding into March 2022).
The landlord has advised this Service that it has recently awarded a total of £400 compensation in recognition of its failings related to the kitchen and bathroom repairs. However, given this was intended to recognise its failings and inconvenience caused to the resident over a 15-month period (since December 2020), the bathroom drainage issue remained unresolved at least as recently as March 2022 and the resident has informed it of the severe impact the outstanding repairs had on her, this level of compensation was insufficient.
In summary, the landlord contributed to unnecessary delays in repairs being completed to the resident’s bathroom, kitchen and hallway between May 2020 and May 2021 and the resident’s concerns about bathroom drainage remained unresolved almost two years later. The landlord’s apologies and December 2020 compensation award represented reasonable redress for the initial period of delay but the landlord has since failed to put things right by not increasing the compensation sufficiently to recognise delays since December 2020 and not resolving the long-standing bathroom drainage issue within a reasonable timescale.

Boiler

The resident has reported a long-standing issue with her boiler flue potentially allowing water ingress due to its location. For the period covered by this investigation, the resident began to report problems with the boiler at least as early as March 2020. The landlord raised an order to relocate the boiler flue that month but it was soon cancelled and subsequent records indicate no substantial progress was made before March 2021 (even after further orders were raised for this purpose during October-November 2020) – this initial delay of 12 months was inappropriate and meant that the landlord failed to act in accordance with its repairs guide timescales.
The resident has raised concern about the safety of the boiler as a result but the landlord did complete a gas safety check during this period of delay. In June 2020, it was recorded that the boiler and flue had passed performance and visual inspection tests so there is no evidence that the landlord compromised health and safety by delaying the boiler flue relocation.
The landlord’s internal records demonstrate that it was planning to erect scaffolding and complete the boiler flue relocation in March 2021. However, in the second week of March 2021, the resident requested that the landlord suspend works and asked that it consider her compensation claim before repairs were progressed. Given the boiler flue relocation was a recommendation only and there was no immediate health and safety concern, it was reasonable that the landlord suspended works as the resident requested.
The resident began to chase boiler repair works again in April 2021 when she also referred to an issue with the casing and missing seals. However, during mid-May 2021, the landlord noted that the resident had again refused works and her correspondence from this time did request that it not send repairs operatives to her property. There was therefore no fault on the part of the landlord in not being able to progress the boiler works at this time.
The landlord completed a boiler renewal in June 2021. It is unclear why the landlord decided to renew the boiler rather than relocating the flue as was originally planned but a gas safety check completed on 21 June 2021 indicates that the works were successful and the boiler met required health and safety standards.
During, and after, the complaints process the landlord apologised and awarded compensation of £1,000 which it said was in recognition of boiler repair delays and £500 which it said was in recognition of problems caused by the old boiler and flue location. The total compensation award of £1500 was significant and demonstrated that the landlord recognised the distress and inconvenience caused to the resident by its failings. The Ombudsman’s Remedies Guidance recommends compensation awards of more than £700 for service failure that has had a severe impact on the complainant. Although there is no evidence that the resident was at a health and safety risk due to the delays, she has set out the inconvenience of having to chase, and provide access for, numerous appointments before the boiler was renewed. The landlord’s compensation award of £1500 was in excess of the usual maximum award set out in its ‘compensation guidance’ and represented reasonable redress for the failures identified.
Since the end of the complaints process, the resident arranged for a private ‘gas safe register’ inspection in July 2021 that identified a lack of support and fall on the condense pipe. The resident has not mentioned this issue to this Service recently but there is no record of what the landlord did in response to this report – a recommendation is therefore made in this regard below.
In summary, the landlord was responsible for delays in completing recommended repairs to the resident’s boiler from March 2020 to March 2021. However, it was fair in its assessment of its failure and took steps to put things right by renewing the boiler in June 2021 and making a significant compensation award – these actions represented appropriate redress for the delays in its handling of repairs to the resident’s boiler.

Damp

The resident made reports at least as early as November 2020 that there were leaks that had affected the communal hallways of her block. There is no evidence of any communications with the resident on this issue or meaningful actions until January 2021 when the landlord noted that roofing faults could be the reason for the leak. Although the landlord was unaware at this point that a leak may be impacting the resident’s property, it was unreasonable that it failed to offer her any updates on its investigations into the water ingress.
The resident made reports in January 2021 that the landlord should check the upstairs flat balcony (regarding damage to her bedroom walls) and in February 2021 that communal areas were still being impacted by water damage. The landlord drew up a works schedule in February 2021 which included remedial works to the resident’s bedroom and hallway and the resident has confirmed that the landlord subsequently took steps to remove mould from communal areas. Although these actions were reasonable attempts on the part of the landlord to rectify the impact of water ingress in the resident’s property and communal parts of the block, there is no evidence of any steps it took to assess the cause, or extent, of damp to the resident’s property even after she reported it in her bedroom in April 2021 – this was unreasonable.
The landlord made an internal note in May 2021 that it needed to expedite block leak detection works as the issue may be impacting the resident’s property. Given the landlord had drawn a link between damp problems elsewhere in the block and those in the resident’s property, it was unreasonable that it still failed to assess the extent of the problem in her flat and that it did not provide clear communications to her about how it intended to remedy the block leak before addressing her remedial works.
After the complaints process was exhausted, the landlord noted in June-July 2021 that there were potentially leaks in the block from redundant pipework and a neighbouring flat. It went on to record in November 2021 and January 2022 that there were still leaks in the block and that damp to the resident’s property had prevented further remedial works. Given the landlord was aware at least as early as May 2021 that the communal leak issues were likely to be impacting the resident’s property, it is unreasonable that this remained a problem almost a year later and that it failed to communicate an action plan to the resident as to how, and when, it expected to be able to complete her outstanding remedial works.
The landlord’s February 2021 schedule of works included a plan to strip paper before completing hallway decorations but it noted in October 2021 that it could paint over lining paper and it rejected the resident’s later request for skirting boards to be renewed. Given its comment in January 2022 that it could not complete remedial works until the cause of damp was resolved, it is unclear how the landlord determined that existing decorations would not need to be stripped back or that skirting boards would not be damaged beyond repair by the continuing damp. The landlord has recently committed to completing remedial works to the kitchen, living room and bedroom and to post-inspect the hallway – it has reiterated its decision on the skirting boards but it is unclear if it has reviewed the condition of the skirting boards recently or if it is willing to do so once the cause of damp is resolved.
In summary, the landlord delayed unreasonably in resolving a communal leak that the resident reported from November 2020. The landlord failed to communicate with the resident on its actions to remedy the leak even after it noted in May 2021 that this could be contributing to damp at the resident’s property (this damp problem meant it could not finish remedial works to her hallway, living room and bedroom). There has been further unreasonable delay since May 2021 in the landlord diagnosing the cause, and assessing the extent, of damp at the resident’s property.

Determination

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of:
1. repairs to the resident’s bathroom, hallway and kitchen;
2. the resident’s reports of damp affecting her property.
In accordance with paragraph 55b of the Housing Ombudsman Scheme, the landlord has offered reasonable redress to the service failures identified in its handling of repairs to the resident’s boiler.

Reasons

The landlord delayed unreasonably in completing repairs to the resident’s bathroom, hallway and kitchen for 12 months from May 2020 and the bathroom drainage issue remained unresolved at least until March 2022. The landlord awarded compensation to recognise some of this delay but it has failed to offer sufficient redress for continued delays since December 2020.
The landlord delayed unreasonably from November 2020 in resolving, and communicating with the resident about, a communal leak even after it acknowledged in May 2021 that this had potentially caused damp to the resident’s property and was impacting its plans to complete remedial works.
The landlord delayed unreasonably for 12 months in carrying out recommended works to the resident’s boiler. However, it has accepted and apologised for this failure, renewed the boiler and made a compensation award that was fair given the circumstances of the case.

Orders

The landlord to write to the resident to:
1. apologise for the service failures identified in this report;
2. explain how it intends to post-inspect the bathroom drainage works being completed this month to check they have been successful;
3. provide her with the outcome of its February 2022 damp inspection, confirming its diagnosis of the cause of the damp affecting her property, its action plan to resolve this (including a likely timescale) and an explanation as to whether it will review the condition of her skirting boards and lining paper once works are complete; if it is unable to provide these results, it should explain why, organise a full damp survey and send the diagnosis report and action plan to her.
The landlord to pay the resident compensation of £800, made up of:
1. a further £400 in recognition of the distress and inconvenience caused to the resident by the maladministration in its handling of repairs to her bathroom, hallway and kitchen;
2. £400 in recognition of the distress and inconvenience caused to the resident by the maladministration in its handling of the resident’s reports of damp affecting her property.

The landlord should confirm compliance with these orders to this Service within four weeks of the date of this report.

Recommendations

If it has not already done so, the landlord to consider whether any further boiler repairs are needed in accordance with the ‘gas safe register’ report from July 2021; it should write to the resident with its conclusions and if works are needed, they should be completed within four weeks.
If it has not already done so, the landlord to pay the resident the compensation it has previously offered to her, including:
1. £1000 offered in December 2020
2. £1150 offered in March 2021
3. £500 offered in October 2021
4. £200 offered in January 2022
5. £200 offered in March 2022.

The landlord should confirm its intentions in regard to these recommendations to this Service within four weeks of the date of this report.