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Bromford Housing Group Limited (202210356)

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REPORT

COMPLAINT 202210356

Bromford Housing Group Limited

10 August 2023

 

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

  1. The complaint is about the landlord’s:
    1. handling of requests for repairs to the porch;
    2. handling of requests for repairs to the garden path, and;
    3. response to requests it make reasonable adjustments when arranging repairs appointments.
  2. The Ombudsman has decided to consider the landlord’s complaint handling as part of this investigation.

Background

  1. The resident has lived in the property as an assured tenant since June 2009. The property is a 3-bedroom mid-terraced house.
  2. The resident asked her landlord to repair the concrete porch above her front door in August 2019 and repair her garden path in May 2021. The landlord arranged to look at the porch and path and carry out any necessary repair work.
  3. On 29 April 2022, the resident complained about the length of time it had taken to carry out the repairs. She said appointments had been missed, she had to take time off work for missed appointments, and agreed repairs had not been done. She also said she had a disability, and the landlord was not making reasonable adjustments when arranging appointments. The resident said the situation was affecting her health and wellbeing.
  4. In its first complaint response on 16 May 2022, the landlord apologised for the delays and said it would follow up outstanding work. It offered the resident £100 for failed and missed appointments and an additional £50 for distress and inconvenience caused.
  5. The resident escalated her complaint on 17 May 2022. She said there were errors in the landlord’s response about missed appointments and asked the landlord to explain these. The resident said the missed appointments had wasted her time and seriously affected her health and wellbeing.
  6. This service contacted the landlord on 1 September 2022 because it had not responded to the resident. The landlord sent a final response on 17 November 2022. It said it had completed work on the porch but acknowledged the resident remained dissatisfied with the work. It said work on the garden path had been completed but suggested further work to resolve a problem with pooling water. The landlord also said it would ensure future appointments met the resident’s specific requirements. It acknowledged its responsibility for failed and missed appointments. It increased its offer to £150 for failed and missed appointments and increased the offer for distress and inconvenience to £300.
  7. The resident remained dissatisfied and raised a complaint with this service. She said she wanted the landlord to carry out previously recommended works to the porch, the garden to be re-inspected to establish what works were required, and the landlord to arrange appointments outside her working hours.

Assessment and findings

Repairs and maintenance policy

  1. Under section 11 of the Landlord and Tenant Act 1985, the landlord is responsible for repairing the structure and exterior of the property. The landlord’s repairs and maintenance policy states it will maintain the property in accordance with statutory responsibilities and the tenancy agreement. The policy goes on to say the landlord aims to complete as many repairs as possible on the first visit and it will arrange suitable appointments with residents.

Handling of requests for repairs to the porch

  1. The resident first reported a fault with the concrete porch above the front door on 23 August 2019. The landlord’s records show it inspected the porch on 29 September 2019. The inspection found crumbling concrete and an exposed reinforcing bar. The inspection recommended work to fill cracks and resurface the concrete. In its final response, the landlord said it attempted to schedule work with the resident, but had been unable to, so cancelled the job.
  2. The resident reported the fault for a second time on 6 May 2021. A second inspection was carried out on 26 August 2021. In its final response, the landlord said the resident was not home when the second inspection took place, but it was able to inspect the porch and supporting wall and found no concerns.
  3. The resident reportedthe faulta third time on 15 February 2022. She said the concrete was damaged and damp was coming through the wall. She told the landlord that the problem was getting worse. Athird inspection took place on 22 March2022 and recommended work to the surrounding wall. There was no recommended work on the porch. The landlord carried out work on 11 May 2022. Its recordssayit“patched up missing rendering”. The resident complained that the work carried out did not resolve the problem with the porch.
  4. This service has noted inconsistencies in the landlord’s position on the need for porch repairs. In September 2019 it said there was crumbling concrete and an exposed reinforcing bar, but in May 2021 it had no concerns. The third inspection identified work required on the surrounding wall but not on the porch. The resident has provided this service with evidence showing exposed reinforcing bars and cracked concrete. The landlord identified this fault in September 2019 but has not yet put this right. The repairs and maintenance policy says the landlord aims to complete as many repairs as possible on the first visit. It goes on to say that when materials or surveys are required, a further visit may be required. The policy says the landlord will let the resident know and arrange suitable dates and time.
  5. This service has found that the landlord failed to follow its repairs and maintenance policy over a number of years. It did not repair the porch on the first visit or arrange a suitable follow up visit. The resident said the delay in repairing the porch contributed to a property exchange falling through. As there were significant delays and changes in the landlord’s position, the resident experienced detriment.
  6. It is this service’s view that the landlord’s failure to act was maladministration. In line with this services dispute resolution principles, the landlord should put things right. The landlord must arrange an independent survey of the porch. It should share the results of the survey with the resident. If any repair works are identified, it should arrange to complete these at a time that is suitable to the resident.
  7. This service has noted that the landlord has offered £150 for failed and missed appointments. It is this service’s opinion that this is insufficient in the circumstances. In line with this service’s remedies guidance, the landlord’s failure to repair the porch resulted in the resident being adversely affected over a 3-year period. Such a failure amounts to maladministration. Because of this, the landlord is ordered to pay the resident £150 for failed and missed appointments and an additional £150 for the stress and uncertainty caused because of mixed messages from the landlord on the required repair works.

Handling of requests for repairs to the garden path

  1. The resident said a problem with the garden path was identified by the landlord during a visit to her property in May 2021. A follow up inspection took place on 18 May 2021, which recommended replacing the path. In its final response, the landlord said it tried to arrange work in 2021, but had been unable to, so cancelled the job on 15 November 2021. On 15 February 2022, the resident contacted the landlord about the path, and the job was re-raised. After work on the path was completed, the resident raised concerns about the quality of the path and said water was pooling on the path. It is this service’s view that the landlord then took the reasonable step of visiting the property to assess the work.
  2. In its final response, the landlord said the replacement path met the National House Building Council’s standard on concrete paths, which says paths should be 75mm thick and have a non-slip finish. The resident said the regulations did not apply as her property was built in the 1950s. It is this service’s view that although the standard applies to new build properties, it is reasonable for the landlord to apply this standard when replacing a garden path. This service has noted that the landlord agreed there was a problem with the new path that caused water to pool. In its final response it offered to carry out further work to stop water pooling on the path. It is this service’s view that this offer is reasonable in the circumstances and there is no need to replace the path. If the landlord’s proposed work does not resolve the problem of pooling water, the resident can raise this again with the landlord. This service finds that the landlord’s offer of additional work to the path is reasonable and there is no maladministration.

Response to requests that the landlord make reasonable adjustments when arranging repairs appointments.

  1. The Regulator of Social Housing Tenant Involvement and Empowerment Standard 2017 says landlords will provide choices, information, and communication appropriate to the diverse needs of residents. It goes on to say that landlords will demonstrate they understand the different needs of residents, including in relation to equality and additional support needs.
  2. Under the Equality Act 2010, a landlord has a duty to make reasonable adjustments for residents with a protected characteristic. This includes people with a disability.
  3. The landlord’s repairs and maintenance policy says it “will ensure that any reasonable adjustments are made to accommodate customer’s specific vulnerabilities”. It says these will be recorded on its systems, and adjustments made relevant to the specific risk or vulnerability. The policy also says the landlord will communicate details of appointments and any changes.
  4. The resident told the landlord about her disability and the effect that unscheduled and cancelled appointments had on her mental health and wellbeing. She said she did not cope well with phone calls and change. She asked the landlord to make reasonable adjustments when it made repair appointments. Specifically, she asked for appointments on the same day where possible, and arranged in advance, with any changes notified as soon as possible, preferably in writing.
  5. This service has been provided with examples of when the landlord did not follow its repairs and maintenance policy. For example, the landlord wrote to the resident to say work would take place on 18 July 2022. When contractors did not arrive, the resident contacted the landlord. The landlord then contradicted the previous communication and told the resident that work was scheduled a week later, on 25 July 2022. The resident had taken time off work for the appointment on 18 July 2022. The resident also provided examples of the landlord arriving to do work without giving notice. For example, on 7 November 2022, the resident said 2 workmen arrived at her property unexpectedly. She said she was leaving for work and this event “seriously triggered my anxiety. I now feel sick and am likely to be late for work because I will need to wait until it settles before I can drive”.  Under its repairs and maintenance policy, the landlord should have taken reasonable steps to ensure appointments met the resident’s requirements. This service has seen evidence of many instances when it failed to do so.
  6. In its final response on 17 November 2022, the landlord accepted there had been instances where it had not met the resident’s requirements. It apologised and told the resident it was putting in place robust communication with contractors to try and avoid the situations she had experienced. The landlord said it would update the resident’s record with her appointment and communication preferences. On the 7 and 14 December 2022, contractors visited the resident’s property without making an appointment. The resident said the landlord’s promise in its final response about making reasonable adjustments had already been broken.
  7. This service has found that by not meeting the resident’s requests for reasonable adjustments, the landlord did not follow its repairs and maintenance policy. It continued to fail to follow its policy even after it sent its final response.Because of this, the landlord failed to pay regard to the Equality Act 2010 and failed to provide choices, information, and communication appropriate to the needs of the resident as set out in the Tenant Involvement and Empowerment Standard 2017.
  8. The landlord’s failure to make reasonable adjustments, over a considerable period and after its final response, caused distress and significant inconvenience for the resident. The resident had told the landlord about her vulnerabilities and the effect the situation was having on her health and wellbeing. She told this service she took time off work for appointments, and missed a planned holiday in July 2022 because the date of the work on the path was changed by the landlord. The resident said the landlord’s failure to make reasonable adjustments caused anxiety and that she took time off work with stress. It is this service’s view that the landlord’s failure to make reasonable adjustments over a significant period was maladministration. Because of this, the landlord must pay compensation in line with this service’s remedies guidance.
  9. This service has noted that the landlord has offered £300 for distress and inconvenience. It is this service’s opinion that this is insufficient in the circumstances. In line with this service’s remedies guidance, the landlord’s failure to make reasonable adjustments resulted in the resident being adversely affected over a 3-year period. Such a failure amounts to maladministration. Because of this, the landlord is ordered to pay the resident £500 for distress and inconvenience.

The landlord’s complaint handling

  1. The landlord’s approach to complaints is set out in its complaints policy. This says the landlord will provide a decision within 10 working days. Where there is good reason, it says it may take longer. The policy says the resident can request an escalation if they are not satisfied with the first response. Complaints that are escalated will receive a response within 20 working days. The landlord’s policy is in line with this service’s Complaint Handling Code.
  2. The resident first complained about repairs on 29 April 2022. The landlord issued a response 10 working days later, on 16 May 2022. The resident was dissatisfied with the landlord’s response and escalated her complaint on 17 May 2022.When she had not had a response from the landlord, she contacted this service. On 1 September 2022, this service wrote to the landlord and asked it to provide the resident with a final response. The landlord contacted the resident in September 2022 to discuss outstanding repair work and sought to put things right. However, it did not issue a final response until 17 November 2022. This was 129 working days after the complaint was escalated.After this service contacted the landlord, the landlordworked to find a solution to the resident’s complaint about the garden path. However, this service finds that the landlord failed to respond to the escalated complaint in line with its policy or the Complaint Handling Code.
  3. As a result of the landlord’s failure to respond to the complaint in line with its policy, the resident spent time chasing responses and contacting this service. This caused inconvenience for the resident, who had highlighted the effect the landlord’s actions were having on her health and wellbeing. It is the view of this service that the landlord’s actions on complaint handling were service failure. In line with this service’s remedies guidance, service failure is identified in cases where the Ombudsman has found a minor failure which caused inconvenience. Awards of between £50 and £100 should be made to reflect service failure. The landlord is ordered to compensate the resident £100 for the delays in responding to the escalated complaint.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of repairs to the porch. This is because the landlord did not meet its obligation to carry out repairs to the porch that it originally identified.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of repairs to the garden path. This is because the landlord acted appropriately in the circumstances by making an offer to carry out further work to stop water pooling on the path.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of requests to make reasonable adjustments. This is because the landlord failed to follow its repairs and maintenance policy by not accommodatingthe resident’s requests.
  4. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of complaint handling. This is because it failed to respond to the resident’s escalated complaint in line with its policy or this service’s Complaint Handling Code.

Orders and recommendations

Orders

  1. The landlord is ordered to write to the resident to apologise for the failures identified in this report.
  2. The landlord is ordered to conduct an independent survey of the porch. It should share the results with the resident. If any repair works are identified, it should arrange them at a time that is suitable for the resident, in accordance with its repairs and maintenance policy.
  3. The landlord is ordered to ensure that its repairs system includes a clear record of the resident’s request for reasonable adjustments and the requests are acted upon, where possible.
  4. The landlord is ordered to pay the resident a total of £900 in compensation. This should be paid directly to the resident, and not offset against any arrears. The compensation comprises:
    1. £150 in recognition of failed and missed appointments and an additional £150 for the stress and uncertainty caused as a result of mixed messages from the landlord on the required repair works. This is inclusive of the £150 previously offered.
    2. £500 in recognition of the distress and inconvenience for the failure to make reasonable adjustments. This is inclusive of the £300 previously offered.
    3. £100 in recognition of the complaint handling failure.
  5. The landlord is ordered to conduct a review of how this complaint was handled, referring to the Ombudsman’s Complaint Handling Code.
  6. The landlord is ordered to confirm to this service that the above orders have been complied with within 4 weeks of this report.

Recommendation

  1. It is recommended that the landlord reoffer to carry out work on the garden path that it identified as required on 15 September 2022.