Incommunities Limited (202308270)

REPORT

COMPLAINT 202308270

Incommunities Limited

30 August 2024

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

The landlord’s handling of the resident’s reports:
1. Of damp and mould.
2. That she was struggling to heat her home.
3. That her windows and kitchen needed replacing.
The Ombudsman will also investigate the landlord’s complaint handling.

Background

The resident has an assured tenancy for a 3-bed house. The tenancy began on 14 July 2014.
The landlord is a housing association.
On 7 February 2023 the resident told the landlord she had damp and mould behind her kitchen cupboards, in the bathroom, and at the top of the stairs.
The landlord carried out a damp inspection on 3 April 2023. The survey stated the following works should be carried out:
1. Ensure the loft insulation was fitted correctly.
2. Install a positive input ventilation (PIV) unit.
3. In the bathroom apply mould wash and repaint the walls and ceilings with anti-mould paint.
4. In the 2 rear bedrooms apply mould wash on the external walls and replace the silicone seal on the windows and sills.
The resident made a complaint to the landlord on 25 April 2023. She said:
1. Putting her heating on was “useless” as her windows and the lack of insulation were causing the property to lose heat.
2. The landlord had replaced the kitchen cupboards but left the rotten base units.
3. She reported damp and mould in her property, but the landlord had done nothing.
The landlord issued its stage 1 complaint response on 28 April 2023. In its response it:
1. Apologised for the delays and said this was partly due to it changing how it dealt with reports of damp and mould.
2. Listed the works identified on the damp survey and said:
  1. It would contact the resident within 10 working days to arrange the installation of the PIV unit and the loft insulation works.
  2. Its painter would contact the resident in the next day or so to arrange to apply the mould wash treatment to the bathroom and bedrooms.
  3. It had already replaced the silicone seals to the front door frame and fitted new door trims on 25 April 2023.
  4. An appointment was booked for 7 July 2023 for the window and sill to be resealed.
3. Apologised for any inconvenience caused.
The resident asked to escalate her complaint on 10 May 2023. She said the landlord’s response had not considered her windows, the insulation, and the mould at the back of her kitchen cupboards.
The landlord visited the resident’s property on 24 May 2023 to inspect the windows and kitchen.
The landlord issued its stage 2 complaint response on 30 May 2023. It did not uphold the complaint. In its response it said:
1. Several repairs had been completed and it had agreed the following additional repairs:
  1. replace toilet pan/cistern
  2. paint bedroom
  3. fix leaking shower
  4. bleed radiators and check system for leaks
  5. check kitchen stop tap for a leak
  6. wash and apply mould treatment behind the kitchen base units
  7. rake out and seal bedroom window
2. Following its telephone conversation with the resident on 26 May 2023 it confirmed the boiler, heating system and roof were due to be replaced in the financial year 2024/25. It has asked for these to be prioritised.
3. The kitchen and windows are still within their expected life cycle replacement date. They will be scheduled for replacement in the appropriate financial year they are due.
4. It would investigate the cavity wall insulation and the external pebble driveway and contact the resident in due course.

Events after the landlord’s internal complaints procedure

On 27 June 2023 the landlord installed a PIV unit and laid 2 rolls of insulation in the attic.
On 5 July 2023 the landlord resealed the rear bedroom windows and sills.
On 5 December 2023 the landlord carried out thermal imaging on the property. It told the resident on 12 December 2023, there was no high levels of heat loss, and it considered the current levels of insulation and windows as adequate. It also carried out an inspection of the heating system which showed it was undersized for the property. The landlord told the resident it would arrange installation of a new boiler and radiators in the financial year 2024/25.
On 22 February 2024 the resident told the landlord the mould had returned to the ceilings of the 2 rear bedrooms and bathroom.
The landlord replaced the resident’s boiler in July 2024.
At the time of this investigation the resident told the Ombudsman:
1. There was still outstanding works from the stage 2 complaint response, which included:
  1. The roof insulation.
  2. The bathroom walls were not painted with anti-mould paint.
  3. The mould wash behind the kitchen cupboards.
2. She had not heard from the landlord about the replacement of her roof or radiators.
3. Her kitchen base units were rotten and falling apart.

Assessment and findings

Scope of the investigation

In the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s formal complaint. Therefore, this investigation will consider the landlord’s handling of the resident’s complaint issues from February 2023 to its final complaint response in May 2023. Including any actions the landlord stated it would take in its complaint responses that occurred after May 2023. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction prior to the involvement of the Ombudsman. Any issues the resident raised with the Ombudsman that have occurred after the landlord’s formal complaint procedure should be addressed directly with the landlord and progressed as a new formal complaint if required.

The landlord’s obligations

The landlord has a statutory duty under section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property, as well as the installation and supply of water, gas, and electricity. It is obliged to complete repairs within a reasonable timeframe.
The landlord is obliged by the Decent Homes Standard to provide the resident with a reasonable degree of thermal comfort at the property. Social landlords are exempt from the regulations governing minimum energy efficiency requirements and would not be obliged to make improvements to improve energy efficiency. The landlord would, however, be responsible for ensuring that there were no repair issues which meant that the standard was not being met. The Housing Health and Safety Rating System (the HHSRS) offers landlords a risk-based tool to enable them to consider potential hazards. This is useful as landlords have a responsibility to keep properties free from category 1 hazards, which includes excess cold. Guidance for the HHSRS sets out that a healthy indoor temperature is approximately 21°C and that temperatures below 16°C, may pose serious health risks.
The landlord’s repairs policy states it will respond to emergency repairs within 24 hours, routine repairs with 20 working days, and unplanned major works within 40 working days.
The landlord’s condensation and damp policy states that if the cause of damp or condensation is not immediately obvious it will carry out an inspection. The policy states the purpose of the inspection is to identify whether the issue is damp related (water penetration due to a building defect) or condensation related (linked to the thermal comfort and use of the home by the occupants).
The policy states if the damp and mould is caused by condensation, it will provide information and guidance to the customer. This will include a discussion on the possible causes of condensation and the solutions that are available. Should building improvement works be identified (such as heating or insulation improvements), these works will be placed on a programme list in conjunction with the prioritisation and budget setting in place.
The landlord’s asset management policy states it will:
1. Replace windows every 30 years.
2. Replace kitchens every 25 years.
3. Replace boilers every 15 years.
4. Replace heating systems (including radiators) every 30 years.
The asset management policy states if a resident makes an enquiry as to the timescale that investment works will be completed, if the landlord cannot respond immediately, it will provide an anticipated timescale within 7 calendar days. If the resident requests a review of the anticipated timescale, a review survey will be completed, and its outcome reported back to the resident within 28 calendar days.
The landlord operates a 2 stage complaints procedure. Its complaint’s policy states it will acknowledge a complaint within 2 working days. It will respond to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days.
The landlord’s compensation policy states the landlord will consider compensation where:
1. A complaint is upheld.
2. The landlord believes its actions or inactions have resulted in a service failure.
3. The resident has been unreasonably inconvenienced.

The landlord’s handling of the resident’s reports of damp and mould

The resident reported to the landlord she had damp and mould in her property on 7 February 2023. It was reasonable that the landlord organised an inspection of the property on 3 April 2023. This was 39 working days after the resident’s initial report, which was outside the landlord’s target timescale of 20 working days for routine repairs.
There was evidence of poor communication from the landlord about the steps it was taking to resolve the damp and mould. It failed to contact the resident after the inspection which resulted in her chasing an update on 10 April 2023. There was no evidence the landlord contacted her back. The lack of communication led the resident to raise a complaint on 25 April 2023. The landlord acted inappropriately by failing to communicate effectively with the resident and manage her expectations.
There is no evidence the landlord contacted the resident to discuss the root cause of the damp and mould. Although the landlord’s stage 1 complaint response listed the recommended works from the damp and mould survey, the landlord did not say whether it thought the issue was damp related or condensation related as stated in its condensation and damp policy. The Ombudsman would have expected the landlord to ensure it understood the cause of the damp and mould to provide appropriate advice and support to the resident. This was not resolution focused.
The landlord installed a PIV unit and roof insulation on 27 June 2023, this was 56 working days after the landlord carried out the damp and mould inspection. The landlord resealed the rear bedroom windows and sills on 05 July 2023, which was 62 working days after the inspection. These were outside its target timescale of 40 working days for unplanned major works.
At the time of this investigation, 18 months after the resident’s initial report of damp and mould, there were outstanding works. These works were promised by the landlord in its complaint responses and recommended in the damp and mould survey. This included washing down the mould from behind the kitchen cupboard and painting the bathroom walls with anti-mould paint. The resident chased the landlord to complete these works on 17 May 2023, when the landlord told her it would ask its contractor to complete them. The resident told the Ombudsman the contractor painted the bathroom ceiling, but the landlord’s records do not show when this was. The landlord acted inappropriately by repeatedly failing to adhere to the promises it made to complete these works. This caused the resident significant time, trouble, distress and inconvenience.
The contractual obligation remains between the landlord and the resident. The landlord was therefore responsible for updating the resident, setting expectations of when visits will take place, and notifying the resident if delays were expected. There is no evidence the landlord did this. The landlord told the resident in its stage 1 complaint response dated 28 April 2023, and on 17 May 2023, that its contractor would contact her directly. Wherever possible, landlords should avoid leaving external contractors to arrange appointments with residents directly. This ensures the landlord is fully aware of all issues and the onus is not put on the resident to report these.
A landlord should have systems in place to maintain accurate records of repair reports, responses, inspections, investigations, and communications. Good record keeping is vital to evidence the action a landlord has taken and failure to keep adequate records indicates that the landlord’s processes are not operating effectively. The landlord’s staff should be aware of a landlord’s record management policy and procedures and adhere to these. The landlord’s record keeping was poor on what work it had completed, and when the work was completed. These failures in knowledge and information management caused delays in the works being carried out, and distress and inconvenience to the resident.
Once a landlord has completed repairs it must take action to monitor the effectiveness of those repairs. Having an aftercare programme in place can help landlords to quickly identify when matters have not been resolved without residents having to report the problem again. The landlord has not provided any evidence that it reviewed the works it completed and whether it had resolved the damp and mould issues in the property. The resident told the Ombudsman that the damp and mould had returned, and she reported this to the landlord on 22 February 2024.
In summary there were delays in the landlord completing the recommended works from the damp and mould survey, there was evidence of poor record keeping and communication. The landlord failed to discuss the root cause of the damp and mould with the resident, and it did not provide any support or guidance. There was evidence of a lack of learning from the landlord and it failed to put things right. At the date of this investigation some of the agreed works had not been completed. The landlord failed to recognise its failings and therefore no suitable redress was offered to the resident for the time, trouble, distress and inconvenience caused.
Based on the above, the Ombudsman finds maladministration for the multiple failures identified in the landlord’s handling of the resident’s reports of damp and mould.

The landlord’s handling of the resident’s reports that she was struggling to heat her home

The resident told the landlord she was struggling to heat her home in her initial complaint dated 25 April 2023. She said she felt this was because the heat was being lost through her windows, and the walls due to the lack of cavity wall insulation. Given the resident’s reports that the property was cold, the landlord was responsible for checking whether the heating system was working effectively and determining if the thermal efficiency of the property was sufficient in line with its obligations under the decent homes standard.
The landlord confirmed in its stage 2 complaint response that the resident’s boiler, heating system and roof were due to be replaced in the financial year 2024/25. There is no evidence to suggest that the resident had reported any significant repair issues which would warrant a full replacement outside of a planned programme of works. It was therefore reasonable for the landlord to add the resident’s boiler, heating system and roof to its planned renewal programme for the 2024/25 financial year. The resident’s boiler was replaced in July 2024.The resident told the Ombudsman at the time of this investigation she had not heard from the landlord about the replacement of her heating system or roof.
In the landlord’s stage 2 complaint response it said it would look into the cavity wall insulation and said this was despite it not being part of the resident’s original complaint. This would have caused the resident frustration and to feel that the landlord was not listening to her concerns, as she did raise this in her initial complaint and when she escalated her complaint. The landlord acted inappropriately by failing to investigate this point of her complaint within its complaint procedure.
The landlord failed to update the resident about the cavity wall insulation as it promised in its stage 2 complaint response, which led to her chasing a response on 2 October 2023. The landlord reviewed the EPC for the property the same day. Although it was dated 2014, it was in date at the time the landlord reviewed it. It can be reasonable for the landlord to rely on the EPC rating for a property to determine the likely cause of heat loss from a property. However, the landlord carried out thermal imaging of the resident’s property on 5 December 2023.
The landlord told the resident on 14 December 2023 that the thermal imaging results showed no high levels of heat loss. Therefore, it felt the insulation and windows were adequate. It was reasonable for the landlord to rely on these findings. It would not strictly be obliged to improve the insulation within the property to improve its energy efficiency or carry out works to the walls unless there was evidence of disrepair for which it was responsible. There is no evidence to suggest that the resident had reported any repair issues related to the walls which would have prompted the landlord to act at this stage.
The landlord also carried out a heating assessment including heat calculations in December 2023. This showed the heating system was undersized for the property size. Although it is recognised this should have been done sooner, the landlord acted reasonably by investigating if there could be any contributing factors which may have resulted in inadequate heat within the property. The Ombudsman would have expected the landlord to also discuss with the resident other contributing factors such as improper use of the heating system, furniture placed in front of radiators or other repair issues. No evidence has been provided to the Ombudsman that the landlord did this.
It is best practice for landlords to offer advice on energy efficiency when a resident first reports issues regarding energy usage and costs, alongside carrying out investigative works if required. There is no evidence that the landlord provided advice on ways to improve energy efficiency, or signposted the resident to relevant organisations, to resolve her concerns.
In summary there was a delay in the landlord investigating the residents concerns about the loss of heat from her property. There was evidence of poor communication, there was a delay in the landlord investigating the cause of any heat loss, and it failed to provide adequate advice and support to the resident to assist her with her concerns. As the landlord responded to the resident outside its complaint’s procedure, it failed to recognise its failures and therefore no suitable redress was offered to the resident.
Based on the above, the Ombudsman finds service failure for the landlord’s handling of the resident’s reports that she was struggling to heat her home.

The landlord’s handling of the resident’s reports that her windows and kitchen needed replacing

The resident told the landlord in her complaint dated 25 April 2024 that her house had not been “done up” in years. She said the heat was going straight out of her windows and her kitchen base units were rotten. The landlord failed to discuss these concerns with the resident until the stage 2 reviewing officer contacted her on 19 May 2023.
The landlord acted appropriately by arranging a visit on 24 May 2023 to inspect the kitchen and the windows. It contacted the resident on 26 May 2023 and said it would not replace the windows or kitchen until their renewal due dates. Its response was within its target response timescale of 7 calendar days, in line with its asset management policy.
The landlord acted reasonably by telling the resident it would not consider replacing the windows sooner than their renewal date. It was not obliged to improve the energy efficiency or carry out works to the windows unless there was evidence of disrepair for which it was responsible. No evidence has been provided to the Ombudsman that the resident reported any repairs to the windows.
The resident raised concerns to the landlord that the kitchen base units were rotten. Although the landlord told the resident it would not replace the kitchen sooner than its renewal date, there is no evidence it discussed its repairing obligations and when it might consider replacing the kitchen sooner than the renewal date. The Ombudsman would have expected the landlord to consider if there were any temporary repairs or measures it could take to alleviate her concerns whilst she waited for the kitchen to be replaced. The landlord acted inappropriately by failing to communicate effectively with the resident.
The landlord’s asset management policy states the resident can request a review of the anticipated timescale that investment works will be completed. There is no evidence the landlord informed the resident of this process.
In summary there was a delay in the landlord considering the resident’s concerns about the replacement of her windows and kitchen. However, once it contacted the resident it inspected the property and provided its response within its target timescales. The landlord failed to effectively communicate with the resident about its repairing obligations and whether there were any temporary repairs or measures it could take regarding the kitchen. It also failed to inform the resident of its review process. As the landlord responded to the resident outside its complaint procedure, it failed to recognise its failures and therefore no suitable redress was offered to the resident.
Based on the above, the Ombudsman finds service failure for the landlord’s handling of the resident’s reports that her windows and kitchen needed replacing.

The landlord’s complaints handling

The resident made a complaint to the landlord on 25 April 2023. The landlord acknowledged this the same day, which was within its target response timescale of 2 working days. There is no evidence the landlord contacted the resident to discuss the complaint.
The landlord provided its stage 1 complaint response on 28 April 2023, this was within its target response timescale of 10 working days. The landlord failed to address all the resident’s complaint points in its stage 1 response. The landlord acted inappropriately by failing to resolve the complaint at the earliest opportunity.
The resident escalated her complaint on 10 May 2023. The landlord acknowledged this the same day, which was within its target response timescale of 2 working days. The landlord acted appropriately by contacting the resident on 19 May 2023 to discuss the complaint, and on 26 May 2023 to discuss the outcome of the complaint.
The landlord provided its stage 2 complaint response on 30 May 2023, this was within its 20-working day target response timescale. The landlord acted inappropriately by failing to fully investigate all the resident’s complaint responses. This left the resident in a position where she did not know if or when the landlord would respond to her concerns.
Landlords must have an effective complaint process to provide a good service to their residents. An effective complaint process means landlords can fix problems quickly, learn from their mistakes, and build good relationships with residents. The landlord accepted the complaint and issued its responses within its target timescales. Although it failed to contact the resident before issuing its stage 1 complaint response, it showed learning and its communication with the resident was effective after this. However, the landlord failed to show it fully understood the resident’s complaint as it failed to investigate all the complaint issues within its complaint procedure. The landlord failed to recognise its complaint handling failures and therefore no suitable redress was offered to the resident.
Based on the above, the Ombudsman finds service failure for the landlord’s handling of the resident’s associated complaint.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s handling of the resident’s reports of damp and mould.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in respect of the landlord’s handling of the resident’s reports that she was struggling to heat her home.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in respect of the landlord’s handling of the resident’s reports that her windows and kitchen needed replacing.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in respect of the landlord’s handling of the resident’s associated complaint.

Orders and recommendations

Orders

Within 4 weeks of the date of this report, the landlord must:
1. Apologise to the resident for the failings identified in this report.
2. Pay the resident £630 compensation. This is broken down as:
  1. £400 for the time, trouble, distress and inconvenience caused to the resident by the landlord’s handling of the resident’s reports of damp and mould.
  2. £100 for the distress and inconvenience caused to the resident by the landlord’s handling of the resident’s reports that she was struggling to heat her home.
  3. £50 for the time and inconvenience caused to the resident by the landlord’s handling of the resident’s reports that her windows and kitchen needed replacing.
  4. £80 for the time and inconvenience caused to the resident by the landlord’s handling of the resident’s associated complaint.
3. Consider whether the recommended works listed in the damp and mould survey dated 3 April 2023 have been completed. If there are any outstanding works, the landlord must discuss these with the resident and schedule appointments at a time convenient with her. The landlord must update the Ombudsman of any appointments for works to be completed.
4. Ensure that the loft insulation works were completed on 27 June 2023 as its records state, as the resident has told the Ombudsman these works were still outstanding.
5. Take steps to offer advice to the resident regarding energy efficiency of the property and consider if there are any other factors which may be contributing to heat loss within the property. The landlord should also provide advice, or details of support services she can approach, regarding any concerns related to the affordability of her energy bills.
Within 8 weeks of the date of this report the landlord must consider if there are any temporary repairs or measures it can take to alleviate the residents concerns about her kitchen base units, while she waits for them to be renewed. The landlord must discuss this with the resident and if any works are to be completed, appointments must be arranged at a convenient time for the resident. The landlord must update the Ombudsman of any appointments for works to be completed.

Recommendations

It is recommended that the landlord writes to the resident to confirm its position regarding the renewal of her radiators and roof, as it told her these would be renewed in this current financial year (2024/24).
It is recommended the landlord keeps the resident updated on any investigations it carries out to establish the root cause of the damp and mould, and if necessary provide appropriate advice and support to the resident on how to manage the damp and mould in her property.