EMH Housing and Regeneration Limited (202112835)

REPORT

COMPLAINT 202112835

EMH Housing and Regeneration Limited

3 August 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. the resident’s reports of damp to his bedroom and living room;
2. drainage repairs reported by the resident;
3. the resident’s reports of window and door repairs needed to improve his security;
4. the resident’s concerns about high electricity charges.

Background and summary of events

Background

The resident is an assured tenant whose tenancy agreement began on 2 January 2019 and describes the property as a one-bedroom ground floor flat. The property is situated within a low-rise block that has a shared communal entrance.
The resident is a former care leaver and the landlord’s records show that it is aware he has health conditions such as depression, post-traumatic stress disorder and eczema.
The tenancy agreement requires the landlord to keep in repair the structure and exterior of the property, including drains and external pipes, and keep in repair and proper working order installations for supply of water, gas, electricity and sanitation. It is also obliged to keep common parts of the building in reasonable repair.
The landlord has a repairs and maintenance policy that shows that it categorises repairs based on their urgency such as ‘emergency’ (to be attended to within 24 hours), ‘appointed’ (carried out at a time agreed with the resident), ‘programmed’ (completed within three months) and ‘small works’ (which it defines as more complex or multi-trade works). Its website shows that it defines emergency works as those where there is a health and safety risk, including blocked mains drains.
The landlord had a formal two-stage complaints policy where a stage one complaint was dealt with by an appropriate manager and a panel considered stage two complaints.
The landlord’s compensation policy sets out that it can make discretionary compensation awards with factors such as the period of delay and severity of the matter considered before a figure is reached. It notes that any claim for damaged possessions that is in excess of £500 may be covered by liability insurance.

Summary of Events

The landlord’s repairs records show that it was aware in February 2019 that the communal door entry system was permanently unlocked and that each flat served by the system should be checked.
The landlord’s records show a repair order was raised on 3 April 2019 due to mould in the living room and bedroom but that it was cancelled on 1 May 2019 because it could not get into contact with the resident to make an appointment.
The landlord’s records show that a neighbour made a report to it in July 2019 that the communal front door was permanently unlocked and that it had identified in December 2019 that the system needed a ‘new relay’ (which was completed in February 2020).
The landlord’s records show that the resident contacted it on 4 December 2019, advising of ongoing concerns with his windows and mould at the property that had not been as noticeable over the summer but was now impacting walls, flooring and a carpet. The landlord raised a repair order on 4 December 2019 to address the window and a repair order was raised on 10 December 2019 to “treat mould near floor and travelling up the walls”.
The landlord’s records show that its contractor raised a query on 10 December 2019 about what the problem with the windows was.
The landlord’s records show it had internal discussions on 3 February 2020 about arranging a damp survey. It subsequently noted that an appointment had been scheduled for 12 February 2020 but then recorded that the mould treatment order and inspection attempt had been closed because it had been unable to gain access to the property (which it said it had ‘carded’) or get into contact with the resident on the numbers provided.
The landlord’s records show that a repair order was raised and completed on 4 June 2020 to jet wash a blocked manhole as the resident had reported a blocked drain outside his kitchen.
The landlord’s contractor recorded completion of an emergency job on 8 July 2020 to replace a connector between the toilet pan and soil vent pipe.
The landlord raised a repair order on 22 July 2020 to fix the door entry system and recorded that this was completed on 26 August 2020 when it reconnected a broken cable.
The landlord’s records show that the resident’s support worker contacted it on 23 July 2020, advising that the property had a strong smell of damp with mould throughout, the windows did not close properly and the sewers were an issue (having broken the washing machine). There are notes showing this was chased up on 5 August 2020 and 18 August 2020, the resident reporting that there were homeless people sleeping in the corridor and he felt unsafe due to poor quality windows.
The landlord’s records show that it raised a repair order and contacted the resident on 26 August 2020, booking a damp inspection for 21 September 2020.
The landlord’s records show that a repair order was raised on 18 September 2020 to address a kitchen waste pipe that had come away. It noted three unsuccessful attempts to speak to the resident during the following day and that the job was re-raised on 21 September 2020 which led the contractor to attending on 23 September 2020. It recorded that it replaced washers in the tap and tested the sink on this date but had to return on 29 September 2020 when it removed a trap and checked for blockages but found everything clear; it added that a neighbour mentioned this was an ongoing drainage issue affecting multiple properties.
The landlord raised a repair order on 21 September 2020 as the door entry system was not working and homeless people were sleeping in communal areas and taking drugs in the block. It recorded the job as complete the same day, noting that the relay system had been tampered with so the contractor recommended relocating the relay box with a lock if this continued.
The landlord’s records from late September 2020 show that it noted the resident did not give access on 21 September 2020 so the damp inspection appointment had to be scheduled. The landlord received a damp report on 1 October 2020, following a survey that day, which concluded that:
1. condensation was observed throughout the property and existing extractor fans were found to be insufficient;
2. it recommended that the resident store items away from external walls and improve ventilation;
3. it recommended that the landlord apply anti-condensation paint to affected rear and front room walls and upgrade extractor fans.
The landlord’s records show it raised a repair order as the resident made a report on 1 October 2020 that there was water bubbling back up his sink. It recorded the job as completed on 2 October 2020, noting it had jet washed to clear the drain.
The landlord raised a repair order on 15 October 2020 due to a report of no heating from the resident. It closed the job as complete the following day, noting it had replaced an auto air vent to the top of the cylinder and left the heating working.
The landlord noted on 15 October 2020 that the resident had chased it and added on 18 October 2020 that an appointment was rescheduled. It subsequently noted on 28 October 2020 that it called the resident but he was at work so the appointment would again need rescheduling.
The landlord raised a repair order on 22 October 2020 due to a report that the communal door was again not locking closed. It attended the job the same day, noting it had altered the relay wiring to leave the door in working order.
The landlord raised a repair order on 18 November 2020 due to a further backsurging sink report. It closed the job as complete on 19 November 2020, noting it had cleared a manhole outside the property and a blockage to the car park area of the drains.
The landlord raised a repair order on 23 November 2020 due to a further report of the communal door not locking. The contractor attended the following day to fix the door, finding that the system had again been tampered with.
The landlord’s records show that it raised a repair order on 14 December 2020 to overhaul windows and fit an extractor fan (it later closed the job as completed on 19 January 2021).
The resident wrote to the landlord on 17 December 2020. He referred to previous complaints he said had been sent in September, October 2020 and the week before. The complaint was made on the grounds that:
1. a scheduled surveyor appointment had been missed on 23 September 2020
2. the kitchen and living room area had been flooded due to blocked pipework and this had damaged his new flooring and meant that he could not use his sink or washing machine
3. the landlord had agreed to treat the walls but damp flooring was also a problem that had damaged his carpet and mould had affected his sofa, bed, audio equipment, soft furnishings and clothes.
The landlord noted on 18 December 2020 that it had spoken to the resident’s mother the day before who advised that the resident attempted to take his own life and there were outstanding repair issues at the property so he was staying at her address.
The landlord issued a stage one complaint response to the resident on 21 December 2020 which it said was regarding his concerns about a blocked kitchen sink. It concluded that:
1. it attended to an emergency repair on 29 September 2020 and noted that it had left the kitchen waste clear
2. a contractor also attended to consider the drains and left them working correctly
3. there were no outstanding repairs but it offered to raise a new repair if the resident contacted its customer service centre.
The landlord’s records show that there was discussion with the resident’s mother on 14 January 2021 about a planned inspection for 19 January 2021 as the resident was not living at the property so required a time for the visit.
The landlord’s records show that a repair order to install humidistat control fans to the kitchen and bathroom was raised on 18 January 2021 (it later closed the job as completed on 25 March 2021). Its internal emails showed that anti-condensation paintwork had already been applied.
A further repair order was raised on 18 January 2021 to overhaul the living room and kitchen windows. The records indicate that the contractor had attended on 4 February 2021 to check what parts to order but the resident’s mother later disputed why this visit had been necessary.
The landlord raised a repair order on 27 January 2021 to attend to a report that the communal door was not working. It noted that its contractor had to leave the door open until it was able to return to complete the repair.
The landlord raised a repair order on 4 February 2021 to undertake a CCTV survey of the drains given the consistent blockage reports.
The resident chased a complaint response on 11 February 2021 and the landlord forwarded a copy of its December 2020 response on 16 February 2021.
The resident’s mother made a report to the landlord on 15 February 2021 that the heating and hot water at the property was not working. Subsequent emails from the resident showed that contractors had attended on 16 February 2021 but a newly installed switch did not work properly.
The resident submitted a complaint escalation on 17 February 2021 on the grounds that:
1. he disputed that the damp was a ventilation issue
2. window sills had been damaged by damp despite being overhauled in December 2018
3. he had been told that the drainage issue was a widescale problem that impacted his property because of where it was on the drain run
4. he was concerned that a plug in his property had melted
5. he was having to pay £2-£4 per day for electricity even though he had not lived at the property since December 2020 so he asked for an electrical check.
The landlord’s internal emails show that a request was made on 18 February 2021 for a full electrical test to be arranged.
A CCTV inspection of the drain chambers was conducted on 23-26 February 2021. The landlord received an update from a drain contractor on 11 March 2021 who advised that a low volume of water running through the pipework meant that grease likely built up over time and this would affect the resident’s property first due to where it was on the drain layout.
The landlord’s repairs records show that its contractors attended the block on 26 February 2021, repairing two snapped wires in the communal door power supply box.
The landlord’s repairs records show that it attended the property on 3 March 2021 for the window works but was unable to gain access.
The landlord raised a repair order on 10 March 2021 to attend to a broken rear communal door handle that had come away (which it later recorded it attended to on 16 March 2021).
The landlord noted on 11 March 2021 that the resident’s mother had referred to an incident where an intruder came in through a damaged window and that it told her the following day that operatives were due to attend within the next week for repairs to communal front and rear doors.
The landlord’s records show that the resident chased it on 12 March 2021 for an appointment.
The landlord’s internal emails from 19 March 2021 show that it had spoken to the damp surveyor who said they had observed wet washing against the wall on the kitchen floor and clutter to the bedroom. It added that window repairs were being done that day.
The landlord completed the window repair work order on 19 March 2021, noting that it had removed screws to allow a window to open, replaced a broken handle and fitted new hinges.
The landlord’s records show that it held a virtual complaint panel meeting on 19 March 2021, the notes of which show that:
1. kitchen pipework from six flats entered the manhole near the resident’s property and grease was building up so repairs had been identified following a recent CCTV survey – the repairs were planned for 29 March 2021 and quarterly cleaning was also proposed
2. the resident’s mother said he had returned to the property in March 2021 but been subjected to an assault by a criminal who entered the property through a front window
3. the landlord intended to fit a fan on 25 March 2021 but also agreed to send a surveyor to reach a decision on the alleged outstanding works
4. the resident’s mother mentioned a possible issue with him not having the ability to control his heating
5. the landlord and resident’s mother agreed that a final complaint response would be sent after the surveyor’s visit later that month.
The landlord wrote to the resident on 23 March 2021, confirming it would issue its final complaint response within 10 working days of the scheduled visit of 25 March 2021.
The landlord completed an inspection report on 25 March 2021 that showed it found:
1. mould to external walls in the living room and bedroom (with clothes being dried using a condense drier)
2. a living room window board needed re-securing, security locks were needed to six windows and new PVC strips were needed to a front bay window
3. the door entry system was not operating, the communal front door was not closing and the rear communal door thumb knob was loose.
A separate damp inspection report was also produced by a different surveyor on 25 March 2021 who noted:
1. black mould present in the kitchen (under worktops, above cupboards and around window) and bedroom (behind the bed)
2. the kitchen extractor fan had been switched off at the fuse and the extractor fans would be replaced by ‘envirovent cyclone’ fans which would be more effective
3. condensation had been exacerbated by tumble drier use, intermittent heating, lack of use of extractor fans and a failure to wipe down surfaces.
The landlord raised repair orders on 29 March 2021 to attend to six double glazed window units in the living room and one in the kitchen, fit cable locks to all windows, apply an external PVC bead and attend to a window board to a front window (it later recorded that it was unable to gain access on 19 April 2021 but that these works were completed on 11 May 2021).
The landlord raised a repair order on 29 March 2021 to replace a thumb turn handle to the rear communal door (and later recorded the job as complete on 1 June 2021).
The landlord raised a repair order on 29 March 2021 to address the resident’s report of a failed door entry system. It noted that it attended on 31 March 2021 and fitted a new door handset in the resident’s property but that a new system was needed.
The landlord’s records show a mould treatment repair order was raised on 30 March 2021 (it later recorded this as completed on 11 May 2021 after an unsuccessful attempt to gain access on 19 April 2021).
The landlord raised a repair order on 7 April 2021 to address the recommendation of a lockable relay box for the communal door entry system given it was being tampered with (it subsequently recorded this job as completed on 17 May 2021). It noted later that month that the system was to be renewed in 2021/22 as it was not financially viable to keep repairing.
The landlord issued a final complaint response to the resident on 8 April 2021. This concluded that:
1. it attended promptly to plumbing and drainage repairs in June 2020, July 2020, September 2020, October 2020 and November 2020 and a February 2021 drainage survey showed that these were due to different issues but there was a potential issue with the drain layout so it would attend on a quarterly basis to prevent a fat build up and had scheduled in other recommended works
2. it acknowledged it should have identified a “link between kitchen waste pipe blockage reports and problems with wider external drains sooner” and it apologised and awarded £400 compensation for this
3. it had been unable to locate a copy of an email the resident said he submitted on 23 September 2020
4. two independent specialist surveys had found black spot mould had been due to condensation exacerbated by extractor fans being switched off, intermittent heating, lack of wiping down of surfaces and no external ventilation for a tumble drier
5. after the first damp survey, it treated surfaces affected by mould and recently installed two new humidistat-controlled extractor fans and it made recommendations around ventilation and cooking to reduce condensation
6. it had not been able to establish a date for any missed surveyor’s appointment but it apologised if this happened
7. it could not consider the resident’s personal injury claim (relating to the impact of the property conditions on his mental health) through the complaints process
8. it had a record of reports of a misted window in December 2019 and a kitchen and living room window overhaul in January 2021 but had not been told by the resident when the break-in had occurred and further window works had been raised following a surveyor visit on 25 March 2021 (including window restrictors as an extra security feature and cover strips between window sills and frames)
9. it would undertake an electrical inspection given the resident’s concerns about electricity usage while he was not in occupation of the property
10. it would raise the resident’s concerns about the contractor’s performance regarding maintenance of a communal rear door lock with them and it had created repair orders for both the front and rear doors following the surveyor visit on 25 March 2021
11. the planned extractor fan appointment for 25 March 2021 had been moved to allow the survey to progress and accommodate social distancing.

Summary of Events after landlord complaint process

The landlord’s records show that an electrical installation check was completed on 13 April 2021. It noted in internal emails on 19 April 2021 that it had done a couple of minor repairs but there was no indication of any faults that could be causing inflated charges and the resident had told it that his payments had decreased since he changed supplier and that he had accidentally been paying off a debt left by the previous occupier.
The resident’s mother contacted the landlord in late May 2021 to confirm that access into the block remained a problem and that she requested a letter be sent to all residents in the block, asking that they do not tamper with the communal door electrics. The landlord noted that it sent a letter accordingly on 2 June 2021 and its internal records from later that month show that its contractor repeated the need for a lockable box over the system power supply pending the planned system renewal.
The landlord’s records show that it completed a repair order on 12 July 2021 to carry out jet washing to the drainage system.
A separate complaint from the resident about missed appointments and delays in communal door entry works was responded to by the landlord in July 2021 (at stage one) and September 2021 (at stage two). This led it to apologise for a failed appointment, request evidence to consider a reimbursement for time away from work, propose to install a lockable box around an electrical supply to the door entry system and award £100 compensation for delays with the renewal of the system.
The landlord’s records show that it completed a repair order on 27 August 2021 to check the underground drainage system, using CCTV to establish it was running clear with no blockage or defect found.
The resident approached this Service via his MP on 1 September 2021. The complaint was brought to this Service on the grounds that:
1. damp was a problem for two years and started prior to the resident’s occupation and use of the tumble drier from January 2021
2. electrics could not be switched off properly by the resident which caused huge electric bills
3. it took seven appointments for the windows to be fixed and block security was still a problem
4. the resident had to chase the promised quarterly drainage visits
5. repairs were still ongoing and the resident had to repair and replace furniture and fixings at his own expense
6. drain backsurging had caused human waste to come through his sink and into his washing machine (which had to be replaced).

This included a letter from social care representatives, advising of problems with failed appointments and poor service with repairs such as damp, mould, sewage flooding, windows and window sills, block security, the intercom and drainage. This noted the impact that these matters had on the resident’s mental and physical health with financial loss due to damage to flooring and furniture.

The landlord’s internal emails show that it noted in September 2021 that it had to prioritise new door entry systems at blocks where there was no operable system at all before attending to the resident’s block. It added that it would proceed with renewal without completing a section 20 leaseholder consultation given the urgent nature of the work.
The landlord’s records show that the resident reported in November 2021 that the mould problem had worsened and that it arranged an inspection later that month. Photographs were provided by the resident’s mother showing black mould to the bedroom walls. The landlord received a report from a contractor on 26 November 2021 that concluded that:
1. there were high humidity readings to the property conducive to condensation and black spot mould was present to the rear and right bedroom wall
2. it recommended anti-condensation paint to affected areas and that the resident should increase heating and ventilation.
The landlord noted that it renewed the door entry system to the block in late November-early December 2021 (after further reports from residents that it was not working in July 2021, September 2021, October 2021 and November 2021).
The landlord’s records show that the resident’s mother contacted it in early December 2021 to advise that a wall had been painted by the contractor but the damp flooring and the cause of mould had not been addressed. It noted later that month that it had also been chased about the quarterly drainage inspection.
The landlord’s records show that repair orders were raised in January 2022 (following an inspection) as the property had been found not to be warming up but that there were “no signs of mould or moisture coming through the concrete floor” and “currently no carpet or wood flooring in bedroom in question”.
The resident advised this Service in January 2022 that the landlord had failed to promptly attend to the planned quarterly drainage checks, delayed by several months in renewing a communal door and allowed mould to return, causing damage to clothing and bedding.
The landlord’s records show that a sewage drainage check was completed on 12 January 2022, finding all drains clear with no grease build up albeit some repairs were needed to an inspection chamber and concrete surround.
The landlord noted that the resident’s mother re-approached it about the heat switch issue in early January 2022 and that it attended on 19 January 2022 to re-pressurise the system and checked the switches were all working fine.
The landlord’s records show that a report was completed by it on 26 January 2022, noting that:
1. an issue with the heating not working had been fixed but the resident had said it costs a lot to run so he still switches it off a lot
2. there was no evidence of damp to the bedroom floor but it was cold to touch due to the lack of flooring or carpet
3. there was some mould behind bedroom wallpaper but this would need to be removed to be treated
4. a mould and damp management leaflet had been sent to the resident.

Assessment and findings

Damp

The resident initially reported an issue with damp affecting his bedroom and living room in April 2019. The landlord’s records show that it raised a repair order and made attempts to arrange access but that these were unsuccessful. There was no further contact from the resident on this matter until December 2019 and there was therefore no service failure on the part of the landlord up to this point.
The resident informed the landlord in December 2019 that there was mould affecting walls, flooring and a carpet. The landlord raised a mould treatment repair order accordingly and proposed a damp survey. It was reasonable for the landlord to seek to simultaneously address the mould issue and diagnose its cause. However, it encountered access difficulties again in February 2020 despite records that it attempted to telephone and visit the resident and there is no evidence that the damp issue was raised by him again until late July 2020. There was therefore no service failure on the part of the landlord up to this point.
In late July 2020, the resident’s support worker referred to a damp smell in the property. The landlord again raised a repair order accordingly and proposed a damp inspection in September 2020. Its records indicate that the resident did not provide access on the initial proposed inspection date but it did manage to obtain a report in October 2020 that established that there was a condensation issue that needed to be addressed through a change in use of the property by the resident but also improvements to fans and the application of anti-condensation paint to affected surfaces.
Although it was reasonable for the landlord to obtain a diagnosis for the cause of damp and conduct follow-on works, there was an unnecessary delay as it did not close the extractor fan repair order until late January 2021 and did not complete a separate humidistat fan repair order until late March 2021. Given the landlord was aware in October 2020 that these works were needed to alleviate the mould issue, its repairs policy sets out that programmed repairs should be conducted within three months and it was aware of the potential vulnerability of the resident, this represented an inappropriate delay.
When the resident escalated his complaint in February 2021, he raised concern that the damp problem was not due to a ventilation issue. The landlord reviewed this in March 2021 when it noted that its surveyor had observed wet washing being stored against a wall and arranged a second opinion damp inspection. It was reasonable for the landlord to review the damp diagnosis given the resident’s concern and the new report concurred that the black mould spotting was due to a condensation problem that reiterated the recommendations for improved ventilation and anti-condensation paint. The landlord also offered appropriate advice to the resident within its final complaint response about reducing moisture within the property.
One of the contributing factors identified by the March 2021 damp report was intermittent heating and the landlord was aware from a heating repair order in February 2021 that a newly installed switch was not functioning. There is no evidence that the landlord followed up on this issue until it was reported again by the resident in January 2022 and the repair was completed. This meant that there was a period of almost 12 months when it was unclear whether the resident had control of heating in the property. This was inappropriate given the landlord had identified the inconsistent heating in the property as one of the causes of damp.
The landlord has continued to review the damp issue since the matter exhausted its complaints process and this included a further inspection in November 2021 that concluded no evidence of damp floors and recommended further anti-condensation paint and more consistent heating of the property. It was reasonable for the landlord to continue reviewing its earlier diagnosis of the damp issue, check the specific flooring issues raised by the resident and pass on its findings to him. These actions demonstrated that the landlord was willing to remain involved in offering second and third opinion surveys to the resident and assisting with repairs to improve ventilation and heating where possible.
The resident has made several reports that his possessions have been damaged by a combination of damp, mould and backsurging drains. The landlord’s compensation policy sets out that claims of more than £500 may be covered through liability insurance rather than through the complaints policy. However, it has not been presented with any evidence of the alleged damage and is therefore not at fault for failing to recompense the resident. Nevertheless, it is not clear that the resident has been signposted appropriately as to how to submit a liability claim so a recommendation is made below in this regard.
In summary, the landlord responded appropriately to the resident’s damp reports in April-May 2019 and December 2019-February 2020. It organised three surveyor inspections between October 2020 and November 2021 that all indicated the black mould issue was caused by condensation. However, although it carried out recommended works to treat the mould, improve heating controls and install improved ventilation methods, there were unreasonable delays between February 2021-January 2022 and October 2020-March 2021 in completion of the heating control and fan upgrade works.

Drainage

The landlord initially became aware of drainage problems at the block and resident’s property in June-July 2020 when it completed repair orders to unblock a drain and replace a part to the toilet pipework. The landlord completed the drainage repair order within 24 hours, in accordance with its obligations for emergency repairs, and its actions were therefore appropriate.
The resident’s support worker mentioned drainage as a problem in July 2020 and this included the first report that the resident’s washing machine had been damaged by a backsurging issue. Although the landlord addressed a kitchen pipework repair in late September 2020 and jet washed the drains in October and November 2020, there is no evidence that it investigated the drainage problem or sought to establish why backsurging was consistently being reported until it proposed a CCTV inspection in February 2021. This delay was inappropriate given the resident had reported the problem on several occasions by then and informed the landlord that his possessions had been damaged as a result.
The landlord obtained a drainage report in March 2021 that explained why the resident’s property was more likely to experience the backsurging problem. The landlord responded to this by committing to quarterly treatment of the drains in its final complaint response of April 2021. It since attended accordingly in July 2021, August 2021 and January 2022. Although there was a gap of five months between August 2021 to January 2022, the landlord has either cleared the drains or checked they were running freely on three occasions between April 2021 and January 2022 which indicates that it has taken steps to comply with the commitment it made to regularly check the drain run.
When the landlord responded to the resident’s complaint at the final stage of its complaints process, it apologised for the delay in identifying a link between the resident’s kitchen and wider block drainage issue and awarded £400 compensation in recognition of this. Given the landlord should have noted this link and organised a CCTV investigation around four months before it did, this level of compensation was proportionate and was in the range that the Ombudsman would recommend for a failing by the landlord over a considerable period of time which has caused a resident to have to chase progress.
In summary, the combination of the landlord’s apology for its service failure, commitment to regularly review the drainage situation and compensation award represented appropriate redress for the service failures identified in the way it handled the drainage repairs reported by the resident. In accordance with the Ombudsman’s Dispute Resolution Principles, it was fair in its assessment of the service failure, took steps to put things right and demonstrated it had addressed the learning points.

Security

The resident initially reported a concern about his windows in December 2019 which prompted the landlord to raise a repair order. The landlord did not obtain details as to the fault with the windows and its contractor therefore returned the order as it was unclear whether works were required or not. The landlord failed to follow up on this issue until the resident’s support worker told it in July 2020 that the windows did not close properly. It was unreasonable that the landlord effectively failed to respond to the resident’s initial window report in December 2019 and contributed to a delay in the matter being resolved.
Following the support worker report in July 2020, the landlord continued to delay in addressing the window issue, even after the resident reported himself in August 2020 that he felt unsafe. Indeed, the landlord failed to raise a repair order related to the windows until December 2020. This was more than 12 months after the resident’s initial report and therefore represented an inappropriate delay.
After the landlord raised the December 2020 repair order, its contractor failed to complete works until late March 2021 when it adjusted various window fixings. Although some of the period of delay was caused by a need to assess the works required and lack of access provided to it on one attempted visit, it is inappropriate that it took the landlord more than three months to attend to the window repair, particularly given the resident had told it that he felt insecure as a result and it was aware of his potential vulnerability. The landlord cannot be held responsible for the break-in that the resident’s mother said happened in March 2021 but its delay will inevitably have left the resident uncertain as to how it intended to resolve his security concerns.
When the landlord completed a further property inspection in late March 2021 as part of its investigation into the escalated complaint, it found that additional works were needed to the windows. On this occasion, it raised a repair order accordingly and completed these works in early May 2021, including measures to increase security. The landlord therefore acted appropriately during March-May 2021 in assessing the resident’s continued concerns and completing repairs within a reasonable timescale.
The resident’s concerns about security at his property were exacerbated by the landlord’s handling of maintenance of the communal entry to his block. There were regular occasions when the landlord became aware that the communal front door was faulty and shared communal spaces were left more vulnerable to anti-social behaviour. The landlord’s records show it received regular reports of a faulty communal door entry system during February-December 2019, July-November 2020 and January 2021. Although it conducted repairs to the system in February 2020, on a few occasions during August-November 2020, in September 2020 and in February 2021, it failed to identify a permanent fix and delayed in acting upon a recommendation made by its contractor in September 2020 that it should relocate the relay box.
Further, there were unreasonable delays between March-June 2021 in the landlord addressing repairs to the rear communal door and between March-December 2021 in it installing a new door entry system. In mitigation, the communal door system renewal represented major improvement works and the landlord had to prioritise other blocks where there was no system and consider whether there was a need for a section 20 consultation period given the value of the works involved. The landlord subsequently addressed the communal door delays in a separate complaint investigation during July-September 2021 which led to it apologising and awarding £100 compensation in recognition of the impact of this on the resident. However, the landlord failed to recognise the earlier delays in its handling of window repairs to the resident’s individual property and the time and trouble and distress that will have been caused to him by his ongoing concerns about the security of his property and block. The landlord’s apology and compensation award in September 2021 therefore did not offer sufficient redress.
In summary, the landlord delayed unreasonably between December 2019 and March 2021 in attending to window repairs at the resident’s property and his security concerns were contributed to by delays in its repairs to front and rear communal doors during 2020-2021. The landlord offered compensation for the communal door entry issue but failed to consider the impact of its window repair delays.

Electricity

The resident initially made the landlord aware of a concern about the electricity supply to his property in February 2021 at the point he escalated his ongoing complaint. He explained that he had not been living at the property but he was still paying high charges for electricity so he asked for the system to be checked.
The landlord’s records show that a full electrical check was completed in April 2021 and that no issues were identified to explain the resident’s utility bill charges. Given the resident’s concern was financial rather than being a health and safety or repair issue, it was reasonable that the landlord attended within two months, particularly as the resident subsequently clarified that a reason for his high charges may be that he had found he was incorrectly paying for a previous occupier’s arrears.
In summary, the landlord responded reasonably to the resident’s report in February 2021 that he believed an electrical fault meant he was paying increased utility charges. It inspected the electrical installation within two months and confirmed that there were no issues that would be causing the resident to incur inflated charges.

Determination

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of:
1. the resident’s reports of damp to his bedroom and living room;
2. the resident’s reports of window and door repairs needed to improve his security.
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 drainage repairs reported by the resident.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s concerns about high electricity charges.

Reasons

The landlord delayed between October 2020 and March 2021 (in upgrading ventilation fans) and between February 2021 and January 2022 (in ensuring heating controls were functioning) in completing works recommended following damp surveys.
The landlord delayed between October 2020 and February 2021 in identifying a link between the resident’s backsurging reports and the block drainage. However, the landlord has accepted and apologised for this service failure, promised to undertake regular drainage checks and its compensation offer of £400 was fair given the circumstances of the case.
The landlord delayed unreasonably between December 2019 and March 2021 in addressing the resident’s window repair reports and his security concerns were exacerbated by further delays in it repairing and renewing communal door entrances during 2020-2021. Its apology and compensation award for the service failure in its handling of the communal front door issue did not offer sufficient redress given the circumstances of the case.
The landlord inspected the electrical installations at the resident’s property within a reasonable timescale after he raised concerns that a fault could be causing increased charges from his utility supplier.

Orders

The landlord to write to the resident to apologise for the service failures identified in this report.
The landlord to pay the resident compensation of £625, made up of:
1. £275 in recognition of the distress and time and trouble caused to him by the service failure in its handling of his reports of damp to his bedroom and living room;
2. £350 in recognition of the distress and time and trouble caused to him by the service failure in its handling of his reports of window and door repairs needed to improve his security.

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 pay the resident compensation of £500, made up of:
1. £400 that it proposed in its final complaint response of April 2021 (for its service failure in the handling of drainage repairs reported by him);
2. £100 that it proposed in its final complaint response of September 2021 (for its service failure in the handling of his reports of repairs needed to improve his security).
The landlord to write to the resident to:
1. signpost him as to how he can make a liability claim for items allegedly damaged by damp, mould or backsurging drains;
2. confirm when it next intends to check the drainage at his block and whether it plans to complete any additional drainage repairs.

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