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GreenSquareAccord Limited (202215369)

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REPORT

COMPLAINT 202215369

GreenSquareAccord Limited

31 August 2023

 

Our approach

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

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

The complaint

  1. The complaint is about:
    1. The landlord’s handling and response to the resident’s reports of a leak and damage, including to their ceiling and carpet.
    2. The landlord’s handling of the complaint
    3. The level of compensation offered by the landlord towards the resident’s carpets.

Background and summary of events

Background

  1. The resident lives in a two bedroom house and is a tenant of the landlord. The tenancy began on 9 October 2017.
  2. The landlord has no listed vulnerabilities for the resident.
  3. The landlords repairs policy states repairs are classed into four priorities:
    1. Emergency repairs – issues that present an immediate danger to customers and/or will result in severe damage to property will be responded to within 4 hours and completed within 24 hours.
    2. Urgent repairs – issues that require urgent attention to prevent future damage to property with no immediate danger to person and/or property will be responded to within 7 days.
    3. Routine repairs – standard responsive repairs will be responded to within 28 days.
    4. Planned Routine – work that falls outside of the usual time/cost scope of responsive repairs and need time to plan completion will be responded to within 84 days.
  4. Section 4 of the landlord’s compensation policy states the landlord will compensate for replacement of carpets up to £200 per room.
  5. The landlord operates a three stage complaints policy:
    1. Step one – the landlord will try to resolve the issue immediately and within 2 working days
    2. Step 2 the landlord response will be issued within 10 working days and no more than 20 working days.
    3. Step three the landlord response will be issued within 10 working days.

Summary of Events

  1. On 30 November 2021 the resident contacted the landlord to report the ceiling above the stairwell in his property needed repairing following a leak with plaster cracking and falling.
  2. On 3 March 2022 the landlord attended the resident’s property to make good the ceiling on the staircase of the resident’s property. The landlord’s operative stated the works could not be completed due to the staircase being too high and scaffolding being required. The operative noted the resident stated that no one from the landlord had attended to check the leak had been fixed.
  3. On 17 May 2022 the landlords operative attended the resident’s property to inspect the leak and make good the ceiling. The operative noted that no pipework above the affected area was leaking and after speaking with the resident said the resident stated it only happened when it rained. The operative stated the leak was a roof issue.
  4. On 3 September 2022 the resident emailed the landlord and stated he had raised the repair to the ceiling on 30 November 2021 as water was leaking through the ceiling by the staircase and damaged ceiling plaster.  He stated he had made dozens of phone calls and waited for the landlord’s tradesmen to do the repairs.  The resident stated he had waited for ten months for the repairs and asked the landlord to look into the matter.
  5. The landlord responded to the resident on 8 September 2022 and stated the resident’s complaint had been escalated to the customer care team and would be  investigated and responded to via the landlord’s formal complaint process no later than 22 September 2022.
  6. On 22 September 2022 the landlord wrote to the resident and stated it needed further information to respond to the complaint and would aim to reply by 30 September 2022. It asked for a convenient time to speak to the resident. The resident responded the next day and provided a time for the landlord to make contact. The landlord spoke to the resident via telephone on 23 September 2022.
  7. On 30 September 2022 the landlord wrote to the resident and stated it needed to extend the complaint response time until 7 October 2022.  The landlord did not provide a reason for the delay in responding.
  8. On the same day the landlord’s operative attended the resident’s property to inspect the loft for a leak. The operative noted no leaks were found, the hallway ceiling would need replacing and the loft roll relaying.  The operative stated no water damage was found to the carpet in the hallway. The operative stated the artex needed redoing and maybe to paint the hallway wall and outside, in the garden, a part of the wall needed to be repaired.
  9. On 7 October 2022 the landlord informed the resident it was having IT issues and could not access the complaint response to issue it to the resident. The landlord said it would send the response on 10 October 2022.
  10. The landlord issued its complaint response referred to as Customer Care step 2 on 10 October 2022.  The response stated:
    1. Its records showed the resident reported plaster cracking in the stairwell ceiling following a leak on 30 November 2021.  Due to a technical issue, it did not book the repair until 10 February 2022.  It apologised for the delay.
    2. It visited the resident’s property on 3 March 2022 but could not access the affected area due to the height of the stairwell ceiling and required another visit with two people for safety reasons.
    3. During the visit the resident informed the landlord’s operative the cause of the water damage had not been investigated so it arranged for a plumber to attend on 17 May 2022. It apologised for not arranging the inspection sooner. The landlord stated this was due to confusion where it believed the water damage was linked to a previous leak reported in February 2021 and repairs completed by April 2021 however it understood the issues were unrelated.
    4. The plumber confirmed there was no leaks on any pipework and recommended the roof of the property be inspected as the resident informed the plumber the leak only happened when it rained.
    5. The resident contacted the landlord on 3 September 2022 having not heard from the landlord since 17 May 2022 to escalate to a complaint due to the lack of progress being made.
    6. It arranged for a roofer and multi trade operative to attend the property to inspect the roof and damage to the carpet on 30 September 2022.  It acknowledged the damage to the hallway ceiling but couldn’t find any evidence of a recent leak or issues with the roof.
    7. A supervisor had reviewed photos taken of the stairwell ceiling and believed it could have been cause by condensation.  If water came through the ceiling again when it rained the landlord asked the resident to call for an emergency appointment.
    8. The operatives who attended on 30 September 2022 found no evidence of water damage to the carpets so it was unable to pay compensation towards the carpets.
    9. The operatives did find damage to an external wall and damage to the stairwell ceiling and arranged for works to be carried out on 9 November 2022.
    10. It partly upheld the complaint for not progressing the repairs quickly. And offered £30 in shopping vouchers for its poor communication.
  11. On 11 October 2022 the resident responded to the landlord and stated when he rang the landlord on 30 November 2021 he explained clearly the ceiling leak and plaster damage and the landlord’s customer service team understood the situation and provided a job number.  Since then, he had made multiple phone calls and was told someone would contact him within seven days but never did resulting in living with a damaged ceiling for one year.
  12. The landlord responded on 19 October 2022 and said if the resident would like to request a review to let it know and the reasons for the escalation. The resident responded the same day and said he was unhappy with the investigation and conclusion.
  13. On 9 November 2022 the landlords operative attended the resident’s property to artex the resident’s hallway ceiling and repair the broken external wall.
  14. The resident made further requests on 17 November 2022 and 22 November 2022 for the complaint to be escalated.
  15. On 24 November 2022 the landlord responded to the resident and apologised for not responding sooner. The landlord confirmed the complaint would be escalated to step three of its complaint procedure and an update provided within ten working days by 1 December 2022 as per its complaint procedure.
  16. The landlord issued its step three response on 6 December 2022 and apologised for failing in sending the response citing miscommunication internally about who would be issuing the response. In the response the landlord stated:
    1. It was satisfied that the investigation and response at step two was fair and appropriate.  The outcome of the complaint being partly upheld at stage two remained unchanged after the step three review.
    2. The work at the resident’s property was completed on 9 November 2022.
    3. As a result of the review it had increased the amount of compensation for the delays to £150 to be paid into the resident’s bank account and not as vouchers.
    4. As its operatives could not find any evidence of water damage to the resident’s carpets on its visits on 30 September 2022 it was correct it was unable to pay compensation towards the carpets.

Post Complaint

  1. The landlord entered mediation with the resident and this Service and offered to pay £600 to the resident towards the cost for the carpets to be replaced.  This was offered in line with section four of its compensation policy of paying a maximum of £200 per room and this offer covered the replacement of the living room, hallway and staircase.

Assessment and findings

The landlord handling of the resident’s report of a leak and damage to his ceiling and carpets

  1. The landlord acknowledged that the resident first reported plaster cracking in the stairwell ceiling following a leak on 30 November 2021.  The landlord also acknowledged it failed to book the repair job until 10 February 2022 . The landlord cited a technical issue but failed to elaborate to the resident any further on what the issue was. The landlord did apologise for the delay.
  2. Once the repair request was logged the landlord attended the resident’s property on 3 March 2022.  This was 22 days after logging the repair and 94 days after first being reported by the resident. Given that the repair report was regarding a leak and damage to property, the repair would have been an urgent repair under the landlord’s repair policy. This would have required a response time of seven days.  The landlord was significantly outside this response time.
  3. The visit on 3 March 2022 was unable to be completed due to the height of the resident’s stairwell ceiling and required a further visit.  The resident also informed the landlord that the cause of the water damage had not been investigated. It took until 17 May 2022, 76 days later, for a plumber to attend the property to inspect pipework for a potential leak. There was no evidence provided for the delay between the repair visits.
  4. The landlord had cited confusion over another report made by the resident of a leak from February 2021 which had been completed in April 2021. The landlord has not elaborated as to why there was confusion. The landlord must ensure its records are accurate to ensure when a resident makes multiple repair requests over a period of time the landlord is able to respond in line with its repair policy timescales and avoid unnecessary delays.
  5. Following the landlord’s plumber stating there was no issue with the pipework and suggesting the roof be inspected the landlord did send a roofer to inspect the property on 30 September 2022. This was 212 days after the landlord was told there may be a roof issue.
  6. The landlord in its complaint response to the resident stated its surveyor had inspected photographs taken of marks on the resident’s ceiling and concluded that condensation could be the cause.  No evidence has been provided by the landlord to show the resident or this service how the conclusion had been reached or any reports showing what was investigated during the roof inspection.
  7. The landlords records show a further job was raised on 30 September 2022 for repairs to the hall way ceiling and an external wall.  This job was completed on 9 November 2022, a further 41 days after being logged.
  8. The evidence provided show the landlord repeatedly log the repairs and failed to complete repairs within the timescales stated in its repairs policy.  The resident first reported the leak on 30 November 2021 and it took until 9 November 2022 for the final repair to be completed. The landlord offered the resident £150 in compensation for these delays in its final complaint response. Given the delay lasted almost one year the amount of compensation offered is not considered to be sufficient and a compensation payment of £400 is more appropriate

The landlord’s handling of the complaint.

  1. The resident made the complaint on 3 September 2022. The landlord acknowledged the complaint on 8 September 2022 and stated a response would be issued by 22 September 2022. The landlord issued the step two response on 10 October 2022, this was 25 working days after the resident made the complaint and was 5 working days outside the landlords complaint policy maximum timescale of 20 working days. The landlord during this time did inform the resident there would be delays in issuing the response and apologised to the resident for the delays.
  2. The stage two response was issued on 10 October 2022.  The resident expressed his dissatisfaction with the response on 11 October 2022. The resident informed the landlord on 19 October 2022 he was in contact with this Service and asked for the complaint to be escalated on 17 November 2022. The resident contacted the landlord on 22 November 2022 as he had not had a reply. The landlord responded on 24 November 2022 and assured the resident he would receive an update by 1 December 2022. There is no evidence and update was provided on 1 December 2022 but the step three response was issued on 6 December 2022. This was 14 working days after the escalation request was made.
  3. The landlord in the step three response cited miscommunication about who would be issuing the response to the resident as the reason for the delay and apologised for the delay.
  4. The step three response failed to provide the resident with any further information regarding the review of his complaint or addressed the resident’s concerns about the investigation and decision he had raised in the escalation request and instead confirmed it was satisfied with the response at step two.
  5. The landlord offered £150 in compensation to the resident for the delays the resident experienced. The landlord did not specify if these delays were related to the repairs or the complaint responses.  This service considers the amount of £150 to be a reasonable amount for the delays in the landlord’s handling of the complaint.

The level of compensation offered by the landlord towards the resident’s carpets.

  1. The landlord in its complaint responses did not make an offer of compensation towards the cost of replacing the carpets.  This was due to the landlord stating it concluded the carpets were not water damaged and therefore would not be compensated to be replaced. During mediation with the resident and this Service the resident requested the landlord pay £1450 in compensation to enable the carpet to be replaced. The landlord subsequently agreed to offer an amount of £600 based on £200 per room – the living room, hallway and staircase.
  2. The landlord in making the offer stated this was due to acknowledging that although its operatives were unable to identify any water damage it did accept the smell the resident had reported may have developed over time.
  3. Whilst this offer of £600 by the landlord, was made after the end of the landlord’s complaints process it is the maximum under the landlord’s compensation policy and is considered to be reasonable redress to the resident.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling and response to the resident’s reports of a leak and damage, including to their ceiling and carpet.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the complaint.
  3. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

Reasons

  1. The landlord failed to log correctly the residents initial report of a leak, there was significant gaps in the landlord’s operatives attending the resident’s property and this led to the repair taking almost one year to be completed.
  2. The landlord failed to issue its step two or step three responses within its policy timescales.  The landlord failed to escalate the resident’s request when first requested to do so.
  3. The level of compensation offered towards the residents carpets was the maximum it could award in line with its compensation policy and is considered an appropriate offer.

Orders

  1. Within four weeks of the date of this report the landlord is to pay the resident £400 for its delays in completing the repairs at the resident’s property.
  2. Pay the resident the £150 offered in the final complaint response for its handling of the resident’s complaint if it has not already done so.
  3. Pay the resident the £600 already offered for the carpets if it has not already done so.
  4. The landlords reviews its repairs process and procedures to ensure compliance with its repairs policy.