Inquilab Housing Association Limited (202000804)

REPORT

COMPLAINT 202000804

Inquilab Housing Association Limited

30 June 2021

Our approach

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

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

The complaint

The complaint is about the landlord’s:
1. Response to reports of repairs in the property including leaks in the bathroom and mould in the bedroom.
2. Complaint handling.

Background and summary of events

Background

The investigation is a limited information assessment. This is because the complaint did not progress through the landlord’s internal complaint procedure and the Ombudsman has not been provided with all of the relevant evidence.
The resident has confirmed that she is an assured tenant of the landlord. The property is a two bedroom ground floor flat.
The resident referred her complaint to the Housing Ombudsman Service (“the Ombudsman”) on 5 May 2020. This was about the landlord not carrying out repairs in the property after a survey was carried out in June 2019. The Ombudsman asked the landlord to provide a complaint response addressing the issues raised by the resident on 11 May 2020. Following the resident’s reports of a lack of contact from the landlord, the Ombudsman repeated its request for the landlord to resolve the matter locally on 16 June 2020 and 16 July 2020. As the landlord failed to respond to or progress the resident’s complaint under its internal complaint procedure, the Ombudsman accepted the complaint for investigation on 21 September 2020.
The landlord responded to an information request by the Ombudsman in November 2020 and said that the matter was a disrepair case being handled by its solicitors. It provided some of the information the Ombudsman requested, however, not all of this was relevant to the case and the landlord had not evidenced any investigation into the resident’s formal complaint. In February 2021 the Ombudsman asked the landlord to confirm if the complaint had been subject to legal proceedings or if these were due. The landlord said that the case had “not gone down the formal route”, so there were no legal proceedings, however, it was treating the case as a disrepair case and the complaint was also part of its stage one complaint process.
In March 2021 the Ombudsman discussed the situation with the resident who agreed to engage in local resolution with the landlord as she ultimately sought for the issues to be resolved. However, the resident subsequently reported to the Ombudsman that she had not had any communication from the landlord about the stage one investigation in March or April 2021. On 30 April 2021 the landlord explained to the Ombudsman that it planned to visit the resident on 4 May 2021 to inspect the repairs and then follow up with a telephone call on 5 May 2021 to confirm the issues before sending a written complaint response. The resident subsequently reported that she did not hear back from the landlord as it had arranged. The Ombudsman progressed the original complaint to formal investigation on 19 May 2021.

Complaint and compensation policy

The landlord’s complaint policy states that the landlord aims to resolve complaints informally. Beyond that, it operates a two stage complaint process. Stage one “investigation” complaints are logged and responded to within ten working days. Stage two “review” complaints are completed by a senior manager and responded to within ten working days. In both stages if a longer timescale is required then the policy states that the landlord and customer can agree to this. At the end of the complaint process if the issue is unresolved then it can be escalated to a designated person or Housing Ombudsman Service.
The landlord’s compensation policy states that compensation can be paid at the end of any stage in the complaint process and where appropriate. The terms for compensation for loss of facilities are 15% weekly rent once contractual timescales have been exceeded for a bathroom and the same for bedroom, irrespective of the number of bedrooms. The policy states that the landlord will only pay compensation after 1 week of continued loss once the contractual timescales have been exceeded. No retrospective payment will be made or if a tenant has been decanted from their property as a result of a repairs.

Repairs

The Landlord and Tenant Act (1985) sets out the landlord’s repair obligations to keep up the standard of repair throughout the tenancy and to put the premises into repair if it was not in good repair, at any time when disrepair is reported.
The Housing Health and Safety Rating System (the HHSRS) is concerned with avoiding or, at the very least, minimizing potential hazards. Under this rating system the landlord has a responsibility to keep a property free from category one hazards, including damp and mould growth. This means taking preventative measures that could have a significant effect on harm outcomes relating to moisture production and ventilation (including damp proof courses, ensuring that the external fabric of the building is kept in good repair and that the roof and under floor spaces are well-ventilated to ensure timber remains air dry).
The landlord’s tenant handbook states:
1. It aims to respond to letters and emails within 5 working days, if not, it will acknowledge this and give an expected response date
2. It aims to meet its repair response times. Routine repairs have an average timescale of 28 working days
3. Residents must report any disrepair or defect to the landlord
4. The landlord must look after the structure of the property, and repairs must be carried out to make sure “fixtures and fittings for water, sanitation, gas and electricity are safe and in working order”
5. It also states that it will acknowledge complaints within 2 working days of receipt.

Summary of events

The available records show that the resident had been reporting issues with mould in the property since March 2018 (reports about leaks in the property which were affecting the bedroom and living room walls).
An independent report was commissioned by the landlord, this was carried out on 11 June 2019 and published on 14 June 2019. The report detailed the scope of the inspection, its findings and observations as well as recommended repair works. This included:
1. A finding of a leak in the bathroom which had “been ongoing for some time” and the whole area “requires opening up, the cause of the plumbing leak should be thoroughly investigated.” It set out the follow up repairs (once the bathroom area was dry, new wall plaster, flooring and skirting can be installed and the bathroom provided with a radiator or large tower rail). It advised the residents be moved for the repairs to take place and while the area was allowed to dry.
2. The bedroom wall adjoining the bathroom was also noted as being damp / affected by the bathroom leak but that although black mould was noted in other rooms, the cause in the other rooms was considered to be condensation.
3. Other repairs, such as adjustment to the French doors, to make sure the bottom of the doors were closing fully or alternatively replacement of the doors and the front door trims to be refitted.
4. The finding that the external rainwater goods “require servicing at this time and the rainwater gullies and ideally gully surrounds should be provided”.
5. Photographs with captions to highlight it issues that were identified, such as the plumbing leak in the bathroom, the affected skirting boards and walls, mould, the poorly fitted rear door and the meter readings which indicated condensation.
In October 2019 the records show that the landlord had the bathroom checked for leaks. The notes included a request for an update on the completion of works, this has not been seen. The resident has told the Ombudsman that the landlord had not followed up on the June 2019 report, except for a visit at the end of 2019 to remove some a bath panel and see that the area was experiencing a leak.
On 5 May 2020 the resident contacted the Ombudsman via web form and expressed her concerns about the landlord’s service.
1. She said that she complained on 25 February (year unknown) and the landlord said it would send a schedule of works but she has not had a response from it about this. A surveyor did a report in June 2019 and explained the works that needed to be carried out in the property.
2. No works had taken place until December 2019 when a bath panel was removed and 2 leaks were found and “the whole underneath was saturated and rotten”.
3. The resident said that to put the matter right, the landlord should carry out the work and she should be compensated for the “unease” this caused and damage to furniture (rotted due to disrepair). She explained that her daughter’s room should be redecorated as well as the rest of the property.
4. The resident referenced the works which she said the surveyor had recommended:
  1. guttering needs cleaning out, as this has never been done
  2. moss on the roof needs removing
  3. cracked tiles need replacing on the roof
  4. external air vent which leaks into the bathroom which was covered by a contractor with a fake ceiling outside needs unblocking
  5. the rain pipe is leaking needs addressing
  6. the gully needs unblocking.
The Ombudsman escalated the complaint to the landlord on 11 May 2020 with a request that it provide a complaint response to the resident within 15 working days. The resident contacted the Ombudsman on the same day and explained her concerns:
1. Her daughter’s bedroom had not been used for a year due to mould, the contents “destroyed”
2. She received reports that said a down pipe in front of the bedroom which lead to a gully was not positioned over it and the running water was going under the building
3. A section of floor was removed from the bedroom and underneath was saturated
4. The gully was completely blocked
5. She was waiting for emergency CCTV camera to inspect a manhole since December
6. She also said there were other repairs: blocked guttering, damaged roof, blocked air vents, front and back door not installed properly and letting too much air in, another survey report from May 2019 not actioned.
On 10 June 2020 the resident contacted the Ombudsman and reported that she had not heard from the landlord. A further request was raised by the Ombudsman for the landlord to provide a complaint response within 10 days, and if there was a delay due to the pandemic, to let the resident know.
On 1 July 2020 the resident contacted the Ombudsman again to report that she had not had a response from the landlord despite the Ombudsman’s escalation. The Ombudsman sent the landlord another chaser on 16 July 2020 with a target for a complaint response to be provided to the resident by 23 July 2020.
The landlord’s internal records show that it was prompted on 5 August 2020 by an ASB operative to update the resident on the matter of the repairs and the surveyor’s visits. The ASB operative explained that it was engaged with the resident in relation to a separate issue and the resident expressed her concern about the landlord’s lack of updates. The landlord forwarded this to its contract manager who confirmed that two survey reports had been requested for the drainage, and that one of the survey reports had been forwarded to the resident.
On 17 August 2020 the resident contacted the landlord to raise her concern about the lack of communication about outstanding works, surveyors reports and compensation for damaged goods from leaks in the property. Also on 17 August 2020 the resident reported to the Ombudsman that she had not received any contact from the landlord about her complaint.
The landlord responded to the resident on 28 August 2020. It apologised for the delay in responding and said it would meet the repair operative to discuss the case and respond to the issues. On 29 August 2020 the landlord said that arrangements had been made to repair the drainage system which was blocked and causing damp to the bedroom and that once completed and the walls dried there were further works to be carried out inside the property. It asked if there were other issues the resident was waiting for the landlord to deal with.
The evidence seen shows the landlord’s internal communication on 28 August 2020:
1. It enquired with its staff about what works had started and if the resident was satisfied
2. In response, a contract manager gave an update about the intercom system and that the resident was ok
3. The landlord continued to ask about the repairs, and if there were any internal works inside the property that it was doing
4. In response, the contract manager said that once the repairs to the blocked drain were complete the internal works could be carried out and referenced a new bath being fitted as part of a planned programme
5. The contract manager said that there was a blocked drain problem (repairs to drainage) and this was causing damp to the bedroom walls; once this was complete then work could be carried out inside the property. It said this was a disrepair claim with the contractor and the landlord was monitoring it.
On 2 September 2020 the resident contacted the Ombudsman for an update and to share her concern about the lack of progress with the complaint she had raised.
On 7 September 2020 the resident responded to the landlord’s email of 29 August 2020. She let the landlord know of her outstanding concerns and queries:
1. She asked about the findings of the last two surveyor reports and when the rest of the works were going to be carried out
2. She told the landlord that she had been sharing a bedroom with her daughter for over a year, the second bedroom had no flooring or blinds
3. She asked when the landlord would reimburse her for the damage to her goods, caused by the leaks
The landlord replied on 10 September 2020 and explained that the queries were passed to its maintenance staff and that future communication should go to that team.
The resident contacted the landlord again on 17 September 2020 and said she felt the landlord was not treating her concerns seriously, she explained that the maintenance staff visited the property 11 months ago but no progress had been made. The resident iterated her query about compensation for her damaged items. The landlord replied the next day and iterated the message that the repairs were being dealt with by the asset team and a particular member of staff would be approached for an update. The resident replied and queried who would deal with compensation.
On 21 September 2020 the resident confirmed that her daughter’s room had not been in use for 1.5 years as it was damaged by two leaks in the bathroom. She also listed a number of other repairs, such as a blocked gully and drain, and various minor repairs around the house.
The Ombudsman issued an information request to the landlord on 16 October 2020. It defined the complaint to be about:
1. The delay in dealing with the bathroom repairs
2. The condition of one of the bedrooms (her daughter’s bedroom) – issues following a leak and a drainpipe issue
3. Blocked air vent in the bathroom
4. Realigning of front and back door and resealing of windows
5. A radiator installation
6. Issue with the boiler
7. Decoration to both bedroom and lounge
8. Replacing of floorboards
9. Fixing a hole in the fence and/or replacing panels
10. Resolve rising damp issue
11. Dealing with reports of ASB issue by security gates installation
12. Replacement of all the goods, which were damaged as a result of the delays in repairs.
The landlord’s response to the information request conveyed that the complaint was at stage one of its internal complaint process (February 2021). The Ombudsman contacted the landlord on 30 April 2021 and was told by the landlord that it was aiming to visit the property and then contact the resident to discuss the complaint in May 2021. The resident reported further communication issues and a lack of a response from the landlord, the Ombudsman then confirmed to both parties in May 2021 that the complaint would be progressed to formal investigation.
The resident reported an additional list of repairs that needed attention in the property. She also explained the distress caused over the two year period due to the reported inaction by the landlord despite being aware of the outstanding repairs. The resident’s communication to the landlord through a third party and through the Ombudsman referred to outstanding repairs and schedule of works identified in additional surveys.
The resident explained that her items and possessions had been damaged, she was not able to use the second bedroom, there was damp and mould in the property, she was embarrassed and that both her and her daughter’s physical and mental health had been affected. The resident also reported that her daughter had been self–harming due to the lack of her own space and she herself had anxiety, which was exacerbated due to lockdown.

Assessment and findings

Repairs

The earliest reports of damp/mould were from March 2018. The landlord was aware of the outstanding list of repairs identified by the inspector in June 2019. The works identified to address the damp in the bathroom required the resident to move out whilst the works were to be completed. There is no evidence to show that the works were completed, or that an action plan and timeline for the works was created, or that the resident was kept updated about the landlord’s progress in managing and completing the repairs. This was not appropriate or in accordance with the landlord’s statutory repairing obligations.
The required repairs were outstanding for at least two years. The landlord’s failure to respond to the repairs resulted in a further failure to ensure that the property was free from damp and mould as is required under the HHSRS.There was therefore a severe failing by the landlord in its response to the repairs identified as being required in June 2019.
The evidence seen demonstrates that the landlord’s communication and handling of the repairs was not appropriate or in accordance with its policies or repairing obligations. There was a service failure due to the unreasonable pace of its responsiveness to the outstanding repairs and the lack of proactive management of the repairs. In one example of the internal exchanges which it provided the Ombudsman a copy of, the landlord’s response to the resident’s reports of dissatisfaction was to discuss a different set of repairs (about the intercom), consider that the resident was “ok”, and say that the repairs were part of a disrepair claim with a third party contractor which it was “monitoring”. It did not evidence its plans to follow up and complete the repairs nor did it provide the resident with a reasonable response. It failed to demonstrate an awareness of the detriment which the resident was experiencing by its lack of action and lack of reasonable communication.
The landlord also did not demonstrate an assessment of how its failure to respond to the leak contributed to the exposure of the resident’s items to the damp, and therefore whether it should have offered redress for the damaged items as well as completed the repair to the leak. It also failed to assess the appropriate level of redress for the loss of one of the bedrooms due to the mould.
Accordingly, there was severe maladministration by the landlord in regard to its response to repairs in the property including leaks in the bathroom and damp and mould in the bedroom.

Complaint handling

There is no evidence of any investigation of the complaint issues by the landlord or any complaint responses issued to the resident. The landlord did not engage in the complaint which the resident raised about the repairs and about the damage to her belongings. This was despite the Ombudsman’s prompts for it to do so (May – July 2020). This was also despite the additional opportunities it had in February – May 2021 when the resident had agreed to engage with local resolution, so far as the issues were resolved. Accordingly, there was severe maladministration by the landlord in respect of its complaint handling.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme there was severe maladministration by the landlord in its handling of:

The complainant’s repair requests including leaks in the bathroom and mould in the bedroom
The formal complaint

Reasons

No evidence has been provided to show that the landlord responded in an appropriate and timely manner in relation to most of the repairs reported by the resident. The evidence seen shows that the resident was residing in a property with mould and damp for at least two years. The landlord failed to meet its repair obligations as well as its obligations to keep the property free from damp and mould.
No evidence has been provided to show that the landlord responded at all to the complaint, or in accordance with its complaints procedure, including that it escalated complaints at the request of the resident or as a result of the Ombudsman’s intervention. The landlord failed to engage in the opportunity to assess whether there had been any failures in its provision of services or to address aspects of the resident’s complaint and put them right as it would have been appropriate to do in accordance with its complaint policy.

Orders

Within four weeks of the date of this report the landlord is ordered to:
1. Pay a total of £3,633 compensation to the resident broken down as follows:

(1) £2,033 for the loss of the bedroom (rent per week x 52 weeks x 2 years x 0.15)

(2) £500 for the additional distress and inconvenience caused by the loss of the bedroom and having to share one bedroom with her family

(3) £500 for the distress and inconvenience due to living with damp and mould in rest of the property, including the bathroom

(4) £300 for the inconvenience, time and trouble caused by the failures in its handling of the repairs in the rest of the property

(5) £300 for the distress and inconvenience caused by its failures in its complaint handling

Provide the resident and this Service with a detailed schedule of works, with timescales, to deal with all the outstanding repairs at the property, carrying out further inspections if required.
Discuss with the resident the scale of the damage to her possessions and offer redress to reflect this or refer the resident to its public liability insurers to make a claim to reflect her losses due to any damp and mould damage.

Within six weeks of the date of this report the landlord is ordered to carry out a senior management review into this case and in particular:

(1) Why it failed to carry out the required repairs at the property

(2) Why it failed to raise and respond to a formal complaint despite multiple interventions by this Service

The landlord is to send a copy of the resulting investigation report to this Service and a summary to the resident. The report should clearly set out the service improvements the landlord will make in order to prevent similar failures happening again. The landlord should also revisit its self- assessment against the Housing Ombudsman Service’s complaint handling code and consider if there are further changes it needs to make in light of the findings from its investigation. The code can be found here: https://www.housing-ombudsman.org.uk/wp-content/uploads/2020/11/Complaint-Handling-Code.pdf