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Aspire Housing Limited (202101155)

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REPORT

COMPLAINT 202101155

Aspire Housing Limited

28 February 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

  1. The complaint is about the landlord’s response to the residents report of a roof leak.
  2. The report will also address the landlord’s handling of the related complaint.

Background and summary of events

Background

  1. The resident has been an assured tenant since 3 July 2017 and the property is described as a two-bedroom property.
  2. The resident has told us she has a learning disability.
  3. The tenancy agreement obliges the landlord to keep the  structure and exterior in good repair including the roof. It states that repairs will be carried out within a reasonable timeframe.
  4. The landlord’s repairs policy sets out its approach to repairs and to ensure that its stock is well maintained, meets the needs of its residents and makes best use of its resources. ‘It will identify where any further intervention may be required beyond the normal planned and cyclical maintenance programme’.
  5. The repair policy set out its repair timescales as 4 hours for immediate danger, 24 hours for an emergency repair, 20 working days for a minor repair and 90 working days for a major repair. Major repairs include structural work such as floor heave or subsidence and extensive damp proofing work.
  6. The landlord’s website has information for residents about managing condensation, damp and mould. It provides information on the management of damp and mould, provides advice including a booklet on damp and mould and advises its residents to contact them in the first instance if they are affected.
  7. The landlord’s website advises that as a result of the coronavirus pandemic it changed its service provision and it was only carrying out emergency repairs and gas and electricity checks. Non-emergency repairs were not taking place and realised the inconvenience to residents; however, it was following government guidance. A further update in December 2021 advised that emergency and new non-emergency repairs were now being carried out.
  8. The landlord operates a two-stage complaint procedure with complaints at the first stage responded to within five working days and at its final stage within 10 working days.
  9. The landlords’ compensation policy says it will only consider requests for compensation when there has been loss or damage and where the landlord has been at fault. The award of compensation will be backdated to the date when the service failure was first reported till the complaint has been satisfactorily resolved.

Summary of events

  1. Following the resident’s report of damp/mould within her home on 14 June 2019, the landlord’s surveyor carried out a mould and condensation enquiries inspection survey on 25 June 2019. The inspection report recorded humidity levels at 71% and defects to the windows to the lounge, kitchen and bedroom. It concluded that ‘the condensation issues were due to incorrect use of heating and the drying of washing on radiators’ and that the surveyor could not access the bedrooms as the resident had a dog. The landlord advised this Service that repairs to the double-glazed units identified at the inspection were completed on 17 July 2019, however it has not provided evidence to confirm this.
  2. On 2 December 2019, the resident made a further report of damp within her home. On 17 December 2019, an inspection was carried out by the landlords’ surveyor. It recorded moisture readings of 66% to the bedroom; 44% to the second bedroom; 64% to the bathroom and the relative humidity at 17.8 degrees. The report recommended:
    1. the renewal of the trickle vent to the bedroom window
    2. the roofing contractor to attend following a roof leak which showed visible staining to the bedroom ceiling
    3. inspection of the windows for replacement due to a poor state of repair and condensation ‘gathering between the panes’
    4. inspection of the boiler to ensure the thermostat was working correctly
    5. replaster the sides of the  bathroom windows with anti mould plaster
    6. mould washes to the lounge, kitchen, bathroom and bedrooms
    7. renewal of the sealant to the kitchen and bathroom window

The resident was given advice on the use of heating and ventilation within the property. In addition, she was advised to use mould and treatment spray, to invest in internal dehumidifiers, on how to kill damp spores and to remove furniture and belongings from the wall.

  1. The landlords’ records show that:
    1. on 9 January 2020, it raised a works order to undertake the mould washes
    2. it raised a works order on 10 January 2020 to carry out a roofing inspection.
    3. it replaced the thermostat to the boiler on 20 January 2020
    4. the roof was due for renewal in 2021.
  2. The  contractor’s records show it visited on two separate occasions in February 2020 to carry out the mould wash and a calling card was left when there was no access. It records indicate it did not receive a response from the resident. In addition, its contractors reported that when it attended to inspect the windows there was no access at the resident’s property.
  3. The landlords’ records show that:
    1. its contractors responsible for carrying out the mould wash was furloughed as a consequence of the pandemic. It attended the residents’ home on 7 November 2020 and 27 November 2020 to carry out the mould wash but there was no access
    2. its contractors were asked to price for a pitched roof in June 2020
    3. it considered alternative options to remedy the defects to the roof in August 2020 and approved works to the flat roof
    4. it received a quote to pitch the flat roof on 6 October 2020 but following discussions it decided it was not financially viable to pitch the roof and agreed to replace the flat roof
    5. following a visit by its contractors on 13 November 2020, it advised the landlord that the roof required a full replacement and provided it with a quote to erect a handrail to the perimeter of the roof, cut back blisters and clean and dry the roof. In addition, the quote included for the roof to be primed, refixing of the felt where necessary, the supply and fixing of primer and topcoat to the roof.
    6. works started on site to replace the flat roof on 7 December 2020 with the scaffolding erected.
  4. On 22 December 2020, an appointment was arranged for 22 January 2021 to carry out the mould wash.
  5.  The resident contacted the landlord on 5 January 2021 reporting damp within her home and it arranged an inspection on 27 January 2021. It is noted on the landlords’ record that the inspection was suspended due to the Covid19 restrictions.
  6. The resident reported water ingress on 24 January 2021 as the roof was leaking and suggested that it was possible that tiles were missing. It is noted that the appointment was cancelled the following day 25 January 2021 with no further information supplied
  7. The resident complained on 26 January 2021 that since 2019 she had been ‘fobbed off’ by the landlord as the flat was not fit to live in as the walls were wet. Since the surveyor visited no action had been taken, communication was poor and the cost of replacing the roof had delayed the landlord in taking action. She explained she had mould in each room and she wanted this addressed.
  8. The landlord responded by telephone on 26 January 2021 under its ‘quick fix’ complaint resolution explaining that due to the weather conditions, the roof was unsafe to work on, consequently the roof works had stopped and would continue once the weather improved.
  9. The landlord’s records show that works were in progress on 29 January 2021 and were due to be completed that day dependent on the weather.
  10. The resident remained dissatisfied and her representative escalated her complaint on 10 March 2021 advising:
    1. she had previously reported that the property had damp and mould
    2. the mould remained though she had followed the advice and purchased the recommended products
    3. previous repairs undertaken by its contractors had been completed to a poor standard
    4. damp was visible throughout the property
    5. no action had been taken since the inspection of the windows
    6. understood that the Covid 19 had impacted service levels but her concerns about the property condition had been raised before the start of the pandemic.
  11. The resident contacted the landlord on 23 April 2021 to rearrange the inspection from 27 January 2021 for 17 May 2021.
  12. The resident contacted this Service on 14 April 2021 when she did not receive a response to her complaint.
  13. The landlord responded to the resident on 29 April 2021 at the final stage of the complaint procedure concluding:
    1. it had reviewed the repairs and survey history and that the repairs outlined in the visit on 17 December 2019 including roofing works had been completed
    2. that the outstanding survey to visit her property in January 2021 was cancelled as services were suspended in response to the Covid-19 pandemic. It accepted that it did not ensure she was aware of the cancellation of the survey which had been rearranged for 17 May 2021
    3. it had reviewed the first complaint response which it found to be appropriate however the response did fall short of its complaint handling standards.
  14. The resident spoke with the landlord on 6 May 2021 as she had not received its final complaint response and on the same day (6 May 2021), the landlord provided the resident with a copy and:
    1. apologised that its complaint response was not received and for not communicating effectively with her
    2. confirmed the surveyor’s inspection taking place on 17 May 2021 would focus on the damp and mould and that it would order any mould washes required
    3. the visit was an opportunity to discuss compensation for the level of service she had received and for the impact on the resident as a result of the leak
    4. arrange for the contractor to reattend as the roof was still leaking.
  15. The landlord’s contractor advised on 8 May 2021 that further water ingress had occurred into the resident’s hallway and bedroom, it had replaced her mattress and bedding and were undertaking further investigation and would report back once the inspection was complete.
  16. After the complaint process had been concluded, the landlord inspected the resident home on 17 May 2021 and its inspection concluded that the damp/mould was being caused by the historical issues with the roof, including the leak following the roof renewal and the condition of the windows. It specified:
    1. mould washes to take place to the lounge, bathroom, kitchen, and both bedrooms
    2. sealant to be renewed to the bathroom and bedroom windows
    3. the roof to be checked on a weekly basis
    4. replacement of the fire alarm monitor and the ceiling light in the bedroom
    5. clearance of the gutter
    6. the condition of the windows to be checked throughout the property and to fill the hole underneath the left window in the lounge.
    7. plastering of the kitchen ceiling and pantry wall
  17. The landlord advised this Service on 11 October 2021 that the mould washes and the renewal of the sealing to the bathroom and bedroom windows were completed between 17-18 June 2021 and that inspections are ongoing to the new roof. However due to the ongoing problems with the roof it could not complete the repairs to the fire alarm, electrical light to the bedroom, the windows, the kitchen ceiling and pantry wall and the window to the lounge.
  18. The resident remained dissatisfied and escalated her complaint to this Service advising that while the landlord had undertaken repairs to the roof, they had taken no action regarding the other issues she had raised to the landlord. As an outcome she requested for the damp and mould in the property to be resolved, an apology, compensation for the stress, damage and redecoration of her property.
  19. The landlord informed this Service that the full replacement flat roof had failed due to structural movement of the property, and it was working with the resident to find her alternative accommodation as there was no short-term solution to the problem. It also confirmed that it had not received a request from the resident for decoration vouchers.

Assessment and findings

Roof leak

  1. The landlord responded to the resident’s report of damp/mould in her property by carrying out a mould and condensation enquiries inspection within 7 working days of her report in June 2019. It found evidence of condensation and recommended that mould washes take place. The surveyor’s diagnosis at the visit concluded ‘the condensation issues were due to incorrect use of heating and the drying of washing on radiators’ and it noted the window defects which the landlord advised were completed in July 2019.
  2. The landlord arranged for its surveyor to inspect the residents’ home in December 2019 following her further report of damp and mould within her home. This was a reasonable approach to take and its inspection report noted defects and made recommendations regarding the roof, windows, boiler and provided advice to the resident about managing the condensation within the property.
  3. Following the inspection on 10 January 2020 a works order was raised to the roofing contractor to inspect the roof. On 23 March 2020 a national lock down due to the Covid-19 pandemic commenced, which affected the services delivered by the landlord and its contractors. The landlord’s website indicates that during that period it service delivery was affected and it restricted its services to only carrying out emergency repairs. This Service accepts that this was a difficult period for organisations who had to introduce new ways of working to ensure the continuity of its business and this was a factor in the delay in resolving the repair.
  4. The landlord advised that its contractors attended the resident’s property to inspect the windows, however there was no access in November 2020. The landlord has not provided any documentary evidence of this visit or what action it took in response to the information provided by the contractor especially as it was aware that all the windows in the resident’s property were in a poor condition and the resident advised that the situation remained unresolved.
  5. The landlord considered how it could remedy the water ingress and asked its contractors to quote to change the roof from a flat roof to a pitched roof. This was reasonable as it was aware that the roof was ending its life, it needed to find a resolution to the roof failures as it was affecting the condition of the property and impacting on the resident’s use of the property.
  6. Give the delays in the commencement of the work, the landlord failed to communicate effectively with the resident by keeping her updated  or consider whether there were any other interim measures that could be undertaken whilst it made its decision.
  7. Evidence seen by this service shows that the landlord arranged for mould washes to be carried out and that when its contractor attended in February 2020, there was no access. The landlord advised that its contractor was then subject to furlough and it is accepted that businesses had to respond to the national restrictions, therefore during that period it was reasonable for the contractor not to have attended to carry out the mould wash. The contractor reattended in November 2020, however there was no access and the mould wash was completed in January 2021.
  8. Evidence seen by this Service shows that the estimate to pitch the roof was received in October 2020 around two months after the request was made. The landlord considered the feasibility of changing the style of the roof and concluded that it would proceed with replacing the flat roof instead.
  9. The landlord requested a further quote on 7 November 2020 from its contractor to replace the roof and work started a month later in December 2020. There is no evidence that the landlord kept the resident informed of the actions it was taking or explained the reason for the delay considering that its surveyor had visited in December 2019 following the roof leak.
  10. The work to the flat roof started on 7 December 2020 and these were completed on 29 January 2021. The landlords note that the works to replace the flat roof were affected by weather conditions as they were on hold due to snow on the roof
  11. In response to the resident’s report that the roof was leaking, the landlord arranged a further inspection to take place on 27 January 2021 and its notes record that the inspection was cancelled due to the Covid19 restrictions. In its final complaint response, the landlord acknowledged that it had not communicated effectively with the resident about the cancellation of the appointment and apologised for this. The appointment was rescheduled for 23 April 2021 and then rearranged by the resident to take place on 17 May 2021.
  12. In summary, there was an unacceptable delay in carrying out the repairs to remedy the roof leak and the landlord failed to communicate effectively with the resident about the actions it was taking.

Complaint handling

  1. The resident complained on 26 January 2021 and the landlord responded by contacting the resident under its ‘Quick Fix’ complaint response providing an update on the roofing repairs which had been delayed due to the weather conditions.
  2. The landlords’ complaint procedures advise that complaints should be answered within 10 working days. The landlord did not respond to the residents’ concerns until 23 April 2021 which is well outside the timescales within its complaints procedure and did not provide any reassurance that her concerns were being taken seriously.
  3. Before arriving at its conclusions at the final stage of the complaint procedure, the landlord reviewed its initial response and recognised that it did not meet its complaint handling standards. In addition, it acknowledged that it had not communicated effectively with the resident when it cancelled the inspection arranged for 27 January 202.
  4. When the resident contacted the landlord to advise she had not received its final response, the landlord provided further information advising that once the inspection had taken place in May 2021, it would consider compensation for the inconvenience and the service failures that she had experienced. The Ombudsman Remedies Guidance suggests an award between £50 to £250 where the service failure has had an impact on the complainant for a short duration of time. The landlord informed this Service on 28 February 2022 it has offered the resident £30 decoration vouchers which is not considered a sufficient given the delay in the landlord identifying and taking steps to address the problems with the roof.
  5. In summary, there were service failures in its complaint handling as it did not consider whether an award of compensation was appropriate for the delays that the resident had experienced in getting the repairs resolved and the inconvenience she experienced.

Determination (decision)

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its response to the residents report of a roof leak.
  2. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the related complaint.

Reasons

  1. The landlord unreasonably delayed in remedying the roof leak into the resident’s home and failed to communicate effectively about the actions it was taking.
  2. The landlord did not compensate the resident for the unreasonable delay and the inconvenience experienced following the roof leak in December 2019.

Orders

  1. The landlord to write to the resident to apologise for the service failures identified in this report.
  2. The landlord to pay the resident compensation of £350, made up of
    1. £250 in recognition of the delay and inconvenience she experienced in getting the roof repaired
    2. £100 in recognition for its complaint handling failures.
  3. The landlord should confirm compliance within four weeks of the date of this report.