One Housing Group Limited (202006022)

REPORT

COMPLAINT 202006022

One Housing Group Limited

29 April 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

1. The Complaint is about the landlord’s response to residents’ reports about:
   1. Disrepair to bedroom and conservatory windows and the subsequent mould issue.
   2. The landlord’s complaints handling.

Background and summary of events

2. The resident is an assured shorthold tenant of the landlord at the property, a three-bedroom house. The resident is subject to the terms and conditions contained in the tenancy agreement. The landlord is a housing association.
3. Under Section 3 of the tenancy agreement the landlord agrees to keep in repair the structure and exterior of the premises including ‘window sills, window catches, sash cords and window frames including necessary outside painting and decorating’.
4. The landlord compensation policy states that ‘when repairs are not completed in a target timeframe, and it fails to meet a second target date, the landlord will pay the resident £10 plus £2 per day up to a maximum of £50’.
5. The landlord compensation policy allows for compensation payments in the form of a goodwill gesture ‘at the discretion of managers to cover for the residents time, trouble and distress etc; it may offer a discretionary payment where there has been a failure in service standards up to a maximum £250’.

Summary of events

6. On 18 August 2018, surveyors attended the property as part of a stock condition survey to establish if different parts of the resident’s home require maintenance. It was discovered that there were several routine repairs that needed to be performed to the kitchen and windows at the property.
7. On 6 March 2019, the resident made a complaint to the landlord regarding issues at the property that were discovered as part of the routine maintenance inspection by the landlord. These issues included:
   1. Damage to the kitchen cabinetry.
   2. Disrepair to bedroom and conservatory windows and the subsequent mould build up around them.
8. On 20 March 2019, the landlord issued the resident with its stage one response. It highlighted that none of the home improvements had taken place since a stock condition survey on 18 August 2018. It upheld the resident’s complaint due to the time taken to address his concerns. It advised that it had attended the resident’s property on 19 March 2019 and requested the following works:
   1. Works to the kitchen cabinetry
   2. The gas team carry out a heat calculation test.
   3. It would update the resident on the next course of action in relation to the windows, conservatory, and loft by 29 March 2019.
9. On 30 April 2019, the landlord attended the property and it was assessed that it needed 5 double glazed windows replacing. A quote was provided by the landlord for the works.
10. On 27 November 2019, the resident contacted the landlord and asked for the complaint to be escalated. 
11. On 10 December 2019, the landlord’s maintenance team visited the property and assessed the state of the windows. It again highlighted that the windows needed to be replaced and that measurements and quotes were available on file. It raised that there were issues with the conservatory that needed to be repaired however it had no record of the property having a conservatory. Email evidence determined that it was there when the resident moved in. 
12. On 11 December 2019, the landlord issued the resident with its stage two response. It addressed the following issues:
    1. It apologised and acknowledged that it failed to follow up in relation to the bedroom windows and works to the conservatory by the 29 March 2019 deadline established in its stage one response.
    2. It stated that its surveying team visited and assessed the condition of the windows and confirmed that they needed to be replaced.  It agreed to perform the works in the new financial year from April 2020 and stated that it would contact the resident to provide access for surveying.
    3. It upheld the resident’s complaint due to the time taken to follow up on the resident’s concerns. It offered the resident £25.00 compensation in recognition of the delays.
13. On 25 March 2020, the resident sent the landlord a report from an independent home energy efficiency company, the report identified the following issues and recommendations:
    1. Mould – it recommended a fungicidal chemical treatment to prevent further mould growth.
    2. Windows – it recommended the installation of double glazed windows to improve heat retention in the property to help prevent condensation. As a more immediate repair, fixing the PVC units where the seals have ‘blown’.
    3. Cavity walls – the landlord undertake a full inspection to determine if the cavity has been filled and if it has not, it recommends insulating the cavity to improve heat retention.
    4. Conservatory – repair the roof and secure/seal glass panes in order to prevent leaks and cold air ingress.
14. On the 25 August 2020, the resident’s MP made a complaint to the landlord on behalf of the resident regarding works to the bedroom and conservatory windows. It stated that works to the windows and conservatory had not begun and that the landlord had only attended the property on one occasion to clean the mould. 
15. On 8 October 2020, the landlord responded to a complaint raised by the MP. It apologised for the delay in logging the resident’s inquiry and advised that it had been directed incorrectly. It highlighted that it responded to the resident’s stage two complaint and that new windows would be installed and work to the conservatory would be performed at the property. It stated that during those works surveyors would assess what works are required for the bedrooms to resolve the mould problem. It explained that due to covid 19 restrictions the survey and quotes for the work had been delayed.
16. On 19 November 2020, the landlord approved works for the following:
    1. To supply and fit five windows to the bedrooms, kitchen and bathroom.
    2. To supply and fit edwardian style lean windows to the conservatory, four window openings and French doors.
    3. To supply & fit new white aluminium sliding patio doors to lounge area.
17. On 8 January 2021, the landlord spoke with the contractor regarding works at the property. The contractor stated that the conservatory windows required were ordered but due to the Christmas/New Year period and the national COVID-19 lockdown the repairs had been delayed. It stated it would chase up with the supplier when the materials would be ready.
18. On 27 January 2021, the landlord contacted the contractor regarding when the works would be performed at the property. The contractor stated that the windows were ready for collection and the conservatory would be ready by 15 February 2021. It highlighted that due to social distancing in the workshop staff were being rotated causing delays.
19. In April 2021, this service contacted the resident about the status of repairs at the property and he confirmed that works had begun however nothing had been done to resolve the mould issue.

Assessment and findings

Disrepair to bedroom and conservatory windows and the subsequent mould issue.

20. The landlord became aware of the issues with the bedroom and conservatory windows at the property as part of a stock condition survey performed on 18 August 2018. The landlord had an obligation under the tenancy agreement to perform the required repairs however no progress was made until the resident made a formal complaint on 6 March 2019.  The landlord subsequently attended the property on 19 March 2019 and agreed to carry out works to the kitchen and update the resident regarding works to the windows and conservatory by 29 March 2019. The landlord then failed to take a resolution focused approach and there were significant delays in the repairs to the window and conservatory with the landlord attending to assess the required works in April and December 2019 without any progression of the works. This was not appropriate.
21. The landlord’s delay in addressing the repairs issues meant that the mould issue at the property continued to persist which evidently caused further distress to the resident. The documentation provided also demonstrates a lack of communication from the landlord to the resident regarding the repair’s timeline. Accordingly, the landlord failed in its obligation under the tenancy agreement to complete works in a timely manner which caused evident distress and inconvenience to the resident.
22. The landlord issued the resident with its stage two response on 11 December 2019 and appropriately acknowledged that it had failed to update the resident in relation to the bedroom windows and works to the conservatory by the 29 March 2019 deadline. The landlord offered the resident £25 compensation in recognition of the delay however under its compensation policy if it missed its target date it should pay the resident £10 plus £2 per day up to a maximum of £50. Due to the extensive one-year delay, this amount was not approprate to compensate the resident for the distress and inconvenience caused. The policy also allows for payments for distress and inconvenience up to £250. Given the two and a half year extent of the delays and the impact on the resident in regard to ongoing mould issues at the property, it would have been appropriate for the landlord to compensate at the upper limit that its policy allows. The time period between when the resident first complained about the ongoing repairs issues until the first national lockdown represents 12 months. It would be proportionate for the landlord to compensate the resident £25 per month to mitigate the impact of the delay on the resident.
23. It is clear from the evidence provided by the landlord that there were further delays to the repairs of the windows and conservatory at the property due to the national Covid-19 restrictions. The landlord provided evidence that there were delays with the order and installation of the windows as a direct result of the lockdown. The landlord’s obligation to repair does not change however from the evidence provided the restrictions have prevented it performing its obligation in this situation. From communication between the resident and this service it was established that works to the windows and conservatory are currently under way and the landlord should ensure that they are completed in line with its repairs obligations.

The landlord’s complaints handling

24. The landlord operates a two stage complaints policy, if the resident makes a complaint at the first stage, the landlord should acknowledge within two working days and formally respond within 10 working days. If the resident is dissatisfied with the response at the first stage, they can request a formal review of their complaint. The documentation provided shows the initial formal complaint from the resident was made on 6 March 2019. The landlord provided a formal response on the 20 March 2019 in line with its complaints procedure however it failed to follow up on actions to update the resident about the windows by 29 Match 2019. The landlord apologised for the delay however due to the extent of the delay and the impact on the resident in having to chase the landlord, compensation should have been awarded to put things right. 
25. The resident was unhappy with the decision and asked for a formal review on the 27 November 2019. The landlord was flexible in accepting an escalation eight months after the stage one response was issued. The landlord provided its formal stage two response on the 11 December 2019, within the 20-working day period set out in its complaints policy.
26. A complaint was made by a local MP on the resident’s behalf on the 25 August 2020. The landlord provided a response on 19 November 2020 and apologised for the delay in responding. Although there was small delay at this stage of the complaint process it was minor in nature and the landlord offered an apology which was an appropriate response.

Determination (decision)

27. In accordance with paragraph 54 of the Housing Ombudsman Scheme there was service failure in respect of the complaint about the landlord’s response to the residents reports of disrepair to bedroom and conservatory windows and the subsequent mould issue.
28. In accordance with paragraph 54 of the Housing Ombudsman Scheme there was service failure in respect of the complaint about the landlord’s complaint handling.

Reasons

29. The landlord should have taken a more proactive approach in completing the routine repairs in line with its repairing obligations. There was significant delay from when the issues were first identified in August 2018 which also led to the persistence of a mould problem at the property. The landlord did not take a resolution focused approach and did not effectively communicate the repairs timeline with the resident. It is accepted by this service that there were subsequent delays as a result of Covid-19.
30. The complaints handling by the landlord was inline with its internal policies at stage one and two of its complaints process. There was a small delay in responding to the complaint from the local MP however this was acknowledged by the landlord and an apology offered but it failed to carry out the agreed follow on actions from its stage one response.

Orders and recommendations

31. The Ombudsman orders the landlord to pay compensation of £400 comprising:
    1. £300 in respect of the distress and inconvenience experienced by the resident as a result of the more than two-year delay in completing repairs to bedroom and conservatory windows and the subsequent mould issue.
    2. £100 in respect of the distress and inconvenience caused to the resident and the landlord’s failure to update him in relation to the repairs works. 
32. The landlord is asked to make this payment to the resident within 4 weeks and to update this service when payment has been made.

Recommendations

33. The landlord complete the works to the bedroom and conservatory windows inline with its repairs guidelines and update this service on completion.
34. The landlord should ensure that it has systems in place to monitor / track agreed actions from complaint responses inline with its complaints procedure.
35. The landlord to arrange an inspection to investigate mould issues the resident has said are ongoing.