Ongo Homes Limited (202209377)

REPORT

COMPLAINT 202209377

Ongo Homes Limited

27 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

The complaint is about the landlord’s handling of:
1. The condition of the property when it was let.
2. The resident’s report of repairs to the ceilings as well as damp and mould.

Background

The resident and her mother moved into a two-bedroom bungalow of the landlord, a housing association, in May 2021. The resident is disabled and uses a wheelchair. The resident’s mother is retired and has health conditions. For ease of reading, the resident and her mother will be referred to collectively as the ‘resident(s)’ in this report.
On 24 July 2021, the resident reported a crack in her bathroom ceiling which she stated had “got bigger”. The landlord attended on 20 October 2021 and confirmed that more time was required to complete the repair.
On 25 November 2021, the resident reported damp and mould in the back bedroom, bathroom, and kitchen. She noted water dripping from the ceiling in the bedroom. The landlord attended on 16 December 2021 and further works were raised to inspect the roof due to “a lot of condensation” and to relay the loft insulation in the eaves. The landlord’s repair records noted that there was a “suspected structural issue” at the eaves.
The landlord raised an order for a damp survey on 30 November 2021.
A follow-up appointment was made to repair the bathroom ceiling on 14 January 2022, which was cancelled by the resident after returning from hospital and isolating.
The resident submitted a complaint on 24 March 2022 and said that the property was in a poor condition when they moved in. There was “bad mould” in the kitchen, bathroom and bedroom and she had decorated three times. She had been unable to use the garden when they moved in as it was unsafe and paid £400 to make it safe and useable.
A damp survey was completed on 29 March 2022. It identified mould in the kitchen around the window frame and door reveals. There was condensation on the bathroom windows and mould on the window frame and external wall. The bedroom had mould on the window frame, window reveals, in the corner of the external wall and on the ceiling perimeter of the outside wall. Recommendations were made to review the insulation levels to ensure they met current guidelines. The bathroom fan was not suitable and there was no external fan in the kitchen. It proposed a loft mounted ventilation system would control condensation and eliminate mould growth.
A stage one response was issued on 6 June 2022, which confirmed that:
1. The gardens should have been in better condition when the resident moved into the property, particularly as it was aware of the resident’s disabilities and her use of a wheelchair and considered the inconvenience this had caused.
2. There were no signs of damp and mould when the property was let, and the repair records show that it did not appear for approximately six months after the tenancy commenced. It was aware that remedial work was ongoing with Environmental Health (EH).
3. It was difficult to confirm if the property was in a lettable standard, so long after the event.
4. As the resident had reported the condition of the ceilings within two months of moving in, it considered that they were in poor condition and should have been addressed prior to the resident moving in. This resulted in further appointments, and inconvenience to the resident.
5. It awarded £150 compensation for:
  1. Temporary loss of garden and inconvenience £50
  2. Contribution to redecoration costs £50
  3. Decorating vouchers £50
6. As the resident had rent arrears, £100 would be paid onto her rent account.
The resident was dissatisfied with the response and said:
1. It was unfair that the money was offset against arrears, after she had been financially impacted by having to fix the garden.
2. The £50 decorating voucher would not pay for enough paint to decorate after the water damage affected her ceilings and her bedroom had been damp which meant she had been unable to sleep in there.
3. The landlord had not explained why other properties in her area were decorated, but hers was not. Because of her disabilities, she had to pay someone to decorate for her.
4. She had not reported the mould sooner as it was a “massive” move and she had to meet new consultants and spend time in hospital.
The landlord increased the decoration voucher to £100 after it acknowledged that the property had not been cleaned fully prior to being let.
A stage two response was sent on 14 July 2022 which upheld the resident’s complaint. The landlord confirmed that it had failed to meet the standards expected of the home it provides to its residents. It was unacceptable that the property was let without attending all the repairs needed and meeting the lettable standard. It considered the compensation offer at stage one and increased it to £300 for the temporary loss of use of the garden, as well as the inconvenience caused because of this, which was paid onto the resident’s rent account.

Events following the completion of the landlord’s complaints process

The resident brought her complaint to this Service, dissatisfied that the landlord had not inspected the property during the complaint process, nor had the landlord considered how bad the mould was, or how it was affecting her health. She said that she had got herself into debt after paying for decorators and gardeners to make the property safe and comfortable.
The landlord confirmed in an email sent to this Service on 20 November 2023 that following a visit to the property on 18 October 2023, some works remained outstanding which included replacing the bathroom ceiling because of its condition and evidence of mould. It would decorate the bedroom ceiling. It would fit a French drain in the garden where water was pooling, to take water away from the bedroom wall to prevent damp.

Assessment and findings

Condition of the property when let

Policies and procedures

Lettable standard

The standard obligates the landlord to provide quality homes that are clean, safe, and secure. It details how a resident can expect to receive their property and includes (but not limited to) making sure walls and ceilings are free from major defects with no large holes or structural cracking. All properties will be thoroughly cleaned prior to being let and gardens will be free from rubbish, adequately mowed and left in a manageable condition.

Procedures for decoration grants

The landlord has confirmed that a decoration grant is usually given when a property is in poor decoration, however, each property is considered on its own merits and the lettings officer is responsible for deciding each grant. The landlord also confirmed that while it does not have specific guidance on when it decorates a property, or gives a grant, decisions are made on a discretionary and exceptional basis.

Tenant incentive scheme

During the allocation process, individuals and properties will be identified that meet the criteria for assistance through the scheme. The scheme will consider reasonable assistance based on individual circumstances and need and an example of help included decorating properties.

Compensation policy

The landlord’s policy states that it is committed to providing the highest possible standards of service. However, it acknowledges that sometimes these standards are not met, and customers may be inconvenienced or suffer a financial loss as a result.

Assessment

This Service requested confirmation from the landlord as to the circumstances in which it would decorate a property, rather than give a decorating voucher. The landlord advised that it does not have specific guidance on this, decisions are made on a discretionary and exceptional basis, but its usual process is to give decoration grants when a property is let, and when the property needs decorating.
At the point of allocating the property, the landlord was aware that the one of the residents was elderly, and the other resident used a wheelchair and was in receipt of a severe disability premium.
While it is not disputed that the residents were aware that they would receive a decoration pack and would be responsible for decorating the property, it is unclear what, if any assessment the landlord did, before it confirmed that given the resident’s decoration vouchers was the most appropriate option. Under its tenant incentive scheme, the landlord has discretion to use a decorating scheme which would have been reasonable, in the circumstances, for it to have considered. Despite the resident asking why other properties had been decorated, the landlord did not set out its position on the matter which would have been reasonable for it to do. This would have provided clarity to the resident and ensured that its decision was fair and transparent.
The landlord offered £100 worth of decoration vouchers, as redress for not cleaning the property when it was let, which it said, meant more decoration works were required for the resident. While this went some way by trying to put things right, it missed a further opportunity to consider the needs of the residents, and the suitability of providing decoration vouchers.
The landlord acknowledged that the garden was not left in a reasonable condition for the resident to use and offered an apology as well as £300 compensation, recognising the inconvenience that was caused to the resident by its failure. This demonstrated that it was resolution focused.
The resident had informed the landlord that it had cost her £400 to have the garden sorted; however, she did not provide receipts or other proof of this cost and without such evidence the landlord would not be expected to offer more than it has. Therefore, the landlord offered reasonable redress.

Repairs and damp and mould

Policies and procedures

Maintenance policy

The landlord’s published information confirms that it prioritises repairs as, same day response, next day response, or booked appointment. It does not detail a timeframe for booked appointments but aims to get repairs “right first time.”

Damp and mould

The landlord’s published information on damp and mould confirms that it may need to complete an inspection to ascertain the cause of damp and mould. It takes cases very seriously and will work with the resident until it is confident that the damp and mould has been resolved. The landlord has confirmed that a damp and mould policy was approved in March 2023 and the procedure in May 2023. While it confirmed that it was using the procedure in January 2023, it was not in place at the time of the resident’s complaint.
This Service’s spotlight report on damp and mould, published in October 2021, confirms that landlords should take a zero-tolerance approach: be proactive in identifying problems and communicate clearly with its residents as to actions it will take. The report was published prior to the landlord’s stage one and two complaint responses.

Compensation policy

The landlord’s compensation policy states that it includes damage to personal property or internal decorations. Individual situations for which the compensation is being paid and the tenant being compensated will always be considered. It will require supporting evidence from the customer (e.g., receipts or access to inspect damages).

Assessment

Ceiling repairs

The resident reported a crack “getting bigger” in her bathroom ceiling on 24 July 2021. The evidence confirms that the landlord attempted access on 28 September 2022, but the resident was not home. A further appointment was made on 14 January 2022, but the resident cancelled as she was isolating following a stay in hospital.
The landlord was aware that damage was caused to one of the bedrooms in November 2021, following a leak. The resident confirmed that she had been unable to sleep in there for a period. During an inspection on 18 October 2023 the landlord identified that works to the bedroom and bathroom remained outstanding.
However, despite its assertions at stage two of the complaints process that it would monitor repairs until their completion, this did not happen. Works to remove, replace and redecorate the bathroom ceiling did not commence until 6 November 2023, 888 calendar days after the landlord was alerted to the repair. While the evidence shows that the landlord made some attempt to attend the repairs in 2021, it did not do enough to make clear its position regarding its responsibility for outstanding repairs or take reasonable steps to meet its obligations to the resident under the tenancy agreement and its repairs policy.
During an inspection on 7 November 2023, the landlord identified that works to the bedroom ceiling were outstanding and raised to “stain block and paint rear bedroom ceiling.”
The landlord stated in its correspondence to this Service that delays to repairs had occurred after it had “dealt with repairs in isolation” and had thrown up further works. Additionally, delays were due to procuring a different contractor to complete the works, alongside arranging convenient appointments with the resident. Its approach to deal with repairs in silo, impacted its ability to diagnose and remedy all the repairs at the earliest convenience.
The overall handling of the repairs, and the landlord’s failures to complete repairs within a reasonable period were not recognised when it considered the level of compensation at stage two. Of particular concern is that the landlord is still attending repairs that were reported in 2021, compounding the landlord’s earlier failing of letting a property that did not meet its lettable standard.

Damp and mould

The records confirm that the resident reported damp and mould in her back bedroom, bathroom, and kitchen on 25 November 2021 and on 29 November 2021 she confirmed water was dripping from the ceiling. The repair was not inspected until 16 December 2021, 21 calendar days after the report. While the landlord’s published information does not specify timeframes for booked appointments, it would have been appropriate to expedite the inspection, given the seriousness of the resident’s health conditions.
A damp and mould survey was completed on 29 March 2022, 124 calendar days after it was made aware of issues in the property. A PIV system was installed on 27 June 2022, 90 days after the recommendation was made. While it was reasonable for the landlord to fit the PIV system to try and address the mould issues, there was a long delay in this work being completed.
It appears that this did not resolve the problem, as the resident made further reports of damp and mould in October 2022 and January 2023. The evidence indicates that the landlord’s response to the resident’s complaint about mould (to install a PIV), did not resolve the problem, and the landlord identified further extensive works in March and October 2023. As such, the landlord failed to take adequate action to ‘put things right’ for the resident, which means the residents have continued to experience adverse affect.
Of particular concern is the landlord’s handling of the matter, considering the significant health needs of one of the residents. This has been inadequate, and the evidence strongly indicates that this aggravated the distress and inconvenience experienced by a very vulnerable resident. The cumulative failings amount to severe maladministration.
The landlord’s cumulative failings are serious, and financial compensation is appropriate, which is awarded as follows:
1. Impact on the residents use and enjoyment of the property, after damp and mould had been identified:
  1. November 2021 to November 2023 – 87 weeks at 20% of the rent of approximately £103 per week (excluding service charge): £1740.
  2. Distress and inconvenience caused to the residents because of the landlord’s failure to carry out repairs identified in November 2021: £500.

Determination

In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in its handling of the condition of the property when let.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration by the landlord in its handling of the reports of repairs to the ceilings and damp and mould.

Orders

The landlord is order within four weeks of the date of this report to:
1. Apologise to the resident in person (or in writing if preferred). The apology should be made by the Chief Executive, or a senior member of staff.
2. As well as the compensation already offered, the landlord should pay the resident an additional total of £2,240 comprised of:
  1. £1740 for the loss of enjoyment of the property.
  2. £500 for the distress and inconvenience caused.
  3. These payments should not be offset against any areas.
Within six weeks of the date of this report, the landlord should:
1. Inspect the resident’s property, identify all outstanding repairs, including decoration works required following the damp and mould. If not already done, the landlord should complete a works schedule, with completion dates and share it with the residents and the Ombudsman.
2. Discuss the damage caused to the resident’s personal belongings and signpost her to make a liability claim.
3. Complete decoration works to the bathroom and bedroom, as detailed in correspondence sent to this Service in November 2023.
Within eight weeks of the date of this determination, the landlord should:
1. Review its damp and mould procedures. In doing so, the landlord should have regard to the Ombudsman’s Spotlight report on Damp and Mould.
2. Review its policies and procedures in relation to vulnerable residents. In doing so, demonstrate how it will effectively use its vulnerability information to provide additional support if required.
3. The outcome of this review should be shared with the Ombudsman, also within eight weeks.

Recommendations

The landlord should consider whether there is a need for a procedure on defining the circumstances for which a property will be decorated, or a decoration pack provided.
The landlord should review its compensation policy, in line with the Ombudsman’s Remedies Guidance.