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Homes Plus Limited (202208259)

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REPORT

COMPLAINT 202208259

Homes Plus Limited

23 November 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 condition of the property when let;
    2. the landlord’s handling of repairs after the resident moved into the property, and;
    3. the provision of information about asbestos in the property.

Background

  1. The resident moved to the property as an assured tenant on 19 April 2022.
  2. The resident was offered a transfer to the property in January 2022. During her first viewing of the property on 14 March 2022, the resident told the landlord that she was unhappy with its condition but wanted the property. The landlord agreed that the property did not meet its lettable standard and told the resident it would carry out repairs.
  3. On 5 April 2022, before moving into the property, the resident complained about the condition the property was in when she viewed it, and the delay in the property being ready. She told the landlord about repairs that she said needed to be done for the property to meet the lettable standard.
  4. The resident moved into the property on 19 April 2022.
  5. In its stage 1 response on 4 May 2022, the landlord upheld the complaint. It said the property had required extensive work to ensure it was safe. It apologised that it had not communicated this to the resident and for the time it had taken to make the property available. It also apologised that the property did not meet the lettable standard and repairs were not completed before the resident moved in. The landlord said some repairs reported by the resident were her responsibility, including wallpaper and floors. It said it would arrange to carry out the other repairs.
  6. On the 4 May 2022, the resident escalated her complaint. She said the landlord had not addressed the issues she had raised. These included repairs to the flooring, skirting, an extractor fan, a pipe in the downstairs toilet, the condition of the garden, and wallpaper. She said the landlord had failed to meet the lettable standard. Because of this, she asked the landlord for compensation and to agree that outstanding repairs would be dealt with.
  7. On 26 May 2022, the resident added an issue to her complaint. She said the landlord had not told her or done anything about asbestos flooring in the property. She also referred to the effect the condition of the property was having on her and her family’s wellbeing.
  8. In its final response on 1 June 2022, the landlord partially upheld the complaint. It agreed that damage to the wallpaper was not minor, and because of this it should have been removed by the landlord. It said the asbestos flooring had been examined in January 2022 and was in a good condition, which meant it did not need to be removed. Because of this, it said it did not uphold that part of the complaint. However, it said it would remove the floor tiles as they were now damaged. It set out what other repairs it would do, with a completion date of 18 June 2022. It offered £250 in compensation. This comprised £80 for inconvenience and distress and £170 for service failings.
  9. The resident told the landlord she remained dissatisfied with the level of compensation. On 4 August 2022, the landlord increased the offer of compensation to £500 because it had not completed the repairs by 18 June 2022. The resident remained dissatisfied with the amount of compensation offered and escalated her complaint to this Service.

Assessment and findings

The condition of the property when let

  1. The landlord’s empty homes policy says it will make sure a property is safe, clean, secure and in reasonable repair before it lets the property. It makes a commitment to the resident that on moving day, their new home will be “ready to let”. The landlord’s lettable standard clearly sets out what “ready to let” means and includes photographs of what is not acceptable.
  2. During the sign-up visit on 14 March 2022, the landlord agreed with the resident that the property did not meet its lettable standard and that further work was required. An internal communication dated 15 March 2022, provided to this Service, shows that the landlord accepted that the property did not meet the lettable standard.
  3. When the resident complained on 5 April 2022 about the condition of the property, issues she raised included rubble in the garden, cleanliness, uneven and damaged flooring, holes in walls and ceilings, damaged wallpaper, missing skirting boards, and exposed electrical wires.
  4. Although some repairs were carried out by the landlord before the resident moved into the property on 19 April 2022, other repairs were not. The resident told this Service that she had to move into the property because she had given up her previous tenancy and arranged a school place for her child near the new property. She also told the landlord that her family had been living out of boxes because of the delayed move. She said this had put her family’s life on hold and was affecting her mental health.
  5. This Service has noted that the landlord accepted it failed to meet the lettable standard in its stage 1 response. It said it had not clearly communicated the amount of work needed to get the property ready. It apologised that the property did not meet the lettable standard when the resident moved in with her family. This Service has found that there was a significant failure by the landlord, as it did not meet its own standard and did not ensure the property was “ready to let”. The resident’s move to the property was delayed because the property was not ready, and the resident was then placed in the difficult position of having to move into a property that was in a state of disrepair. She told the landlord and this Service about the stress this placed on her and her family. The failure to follow its policy and provide a home that met the lettable standard was maladministration by the landlord.
  6. In line with this Service’s remedies guidance, maladministration is identified in cases where the Ombudsman found a significant failure. This Service has noted that in its final response, the landlord offered the resident £250 to compensate her for inconvenience, stress, and service failure. This Service finds that this amount was not reasonable in the circumstances. The landlord is ordered to increase the compensation for this failure to £400.
  7. In it stage 1 response, the landlord said lessons had been learned from the complaint and it would review its processes to ensure properties meet the lettable standard in future. This Service welcomes the landlord’s willingness to learn and asks that it provides evidence of changes made because of the complaint.

The landlord’s handling of repairs after the resident moved into the property

  1. Evidence provided to this Service by the landlord shows that when it carried out the viewing with the resident on 15 March 2022, it compiled a list of repairs it needed to do to ensure the property met the lettable standard. This included work to clear the garden of rubble and concrete slabs, remove wallpaper in various rooms, repair skirting and dado rails, fix exposed wiring, and repair an uneven floor in the kitchen.
  2. The resident moved into the property on 19 April 2022, on the understanding that the landlord would do these repairs. However, when the landlord responded to the resident’s complaint on 4 May 2022, it said wallpaper and the uneven floor were the resident’s responsibility. It said it would repair damaged plaster work as a responsive repair within 17 days, and it would contact the resident to arrange an appointment.
  3. When the resident escalated her complaint on 4 May 2022, she highlighted what she said were discrepancies with the landlord’s complaint response and what it said in its lettable standard. She said the standard said damaged wallpaper would be removed by the landlord. The resident also highlighted faults with the uneven floor and other outstanding repairs to skirting, an extractor fan, an exposed wire, and the condition of the garden.
  4. In its final response on 1 June 2022, the landlord acknowledged its stage 1 response about the wallpaper had been incorrect. It said this was because there had been confusion about the condition of the wallpaper. It said the lettable standard states where wallpaper is in good condition or has minor damage, it will be left in place. However, it said it had reviewed photographs and it was clear the damage was not minor, and it should have been removed. The landlord apologised for providing incorrect information.
  5. On the uneven flooring, the landlord said the lettable standard said floors should be free from major faults and trip hazards. It said it had assessed the floor and it was safe. However, because the resident had been told the floor would be repaired in March 2022, the landlord said it would repair the floor.
  6. The landlord also acknowledged there were other repairs it had failed to do, including skirting and work in the garden. It said it would do this work by 18 June 2022. Although the landlord had failed to carry out repairs sooner, the proposal to complete work by 18 June 2022, was reasonable in the circumstances.
  7. However, records provided by the landlord show that it failed to meet this deadline and that the resident spent considerable time chasing the landlord for updates between 15 June and 1 August 2022. Because of this, the landlord offered an additional £250 compensation for the inconvenience caused to the resident. It is this Service’s view, that the failure to complete repairs by the 18 June was a service failure, and the additional offer of compensation was appropriate and amounts to reasonable redress.

The provision of information about asbestos in the property

  1. It is not this Service’s role to decide whether asbestos in the property should be removed. It is this Service’s role to determine whether the landlord followed its policy and acted reasonably in the circumstances. For example, did the landlord carry out an assessment of the property in line with its policy and then take appropriate action.
  2. The landlord’s asbestos management policy says where asbestos is identified or known as being present, an assessment will be undertaken to define the risks posed in accordance with Health and Safety Executive guidance. Where asbestos containing materials (ACMs) are found to be in a good condition and without risk, the ACM will be left in place and managed. The condition of the ACM will be assessed and recorded annually.
  3. Records provided by the landlord show that it carried out an asbestos assessment on 31 January 2022. This identified adhesive floor tiles in the kitchen and lounge which contained asbestos. Images in the assessment report appear to show intact floor covering. The report said the ACM “was seen to be in fair condition” and recommended “the material should be managed by a competent person or company and its presence made aware to those at risk”.
  4. This Service has noted that there is nothing in either the tenancy agreement or lettable standard which says the landlord should inform the resident about the presence of asbestos.
  5. In its final response, the landlord said it did not have an obligation to inform tenants of the presence of asbestos when they move in. However, it said it would review this position.
  6. This Service finds that the landlord followed its policy and arranged for the property to be assessed for asbestos in January 2022. The assessment identified ACMs which did not need to be removed as they could be safely managed within the resident’s home. Under its policy there was no obligation to inform the resident about ACMs. Because of this the landlord acted reasonably in the circumstances and there was no maladministration.
  7. This Service has noted that when the flooring was later found to be damaged, the landlord said it would remove the ACMs. This was reasonable in the circumstances.
  8. In its final response, the landlord said it would review what information it provides to residents about asbestos. Although the ACM in this case was classed as low risk, this Service has noted that the assessment report said its presence should be made aware to those at risk. This would usually be those carrying out repair work for the landlord. However, this could include a resident carrying out DIY activity. This Service recommends that the landlord carry out a review of what information it provides to residents moving into a property.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of the condition of the property when let.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in respect of the handling of repairs after the resident moved into the property.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of the provision of information about asbestos in the property.

Orders and recommendations

Orders

  1. The landlord is ordered to pay the resident a total of £400 in compensation for the failure to meet the lettable standard. This is inclusive of the £250 previously offered by the landlord. Compensation should be paid directly to the resident, and not offset against any arrears.
  2. The landlord is ordered to provide evidence of changes it made to its processes based on the lessons learned from this complaint.
  3. The landlord is ordered to confirm to this Service that the above orders have been complied with within 4 weeks of this report.

Recommendations

  1. It is recommended that the landlord reviews what information about asbestos it provides to residents moving into a property.
  2. It is recommended that the landlord reoffers £250 in recognition of the failure to complete repairs by 18 June 2022, if this has not already been paid.