Orbit Group Limited (202225435)

REPORT

COMPLAINT 202225435

Orbit Group 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 resident’s report of leaks, blockages, and drainage issues
2. Repairs to the boiler.
3. Damp and mould in the bathroom.
4. The complaint.

Background

The resident is an assured tenant of the landlord. She lives in a three-bedroom maisonette, which at the time of her complaint, she shared with her two children, one of which had known vulnerabilities.

Leaks, blockages, and drainage issues

The resident has complained about the drainage issues, specifically leaks and blockages for several years, prior to her complaint in 2022. Between February 2020 and May 2023, the resident reported issues of leaks and blockages in the kitchen and bathroom on at least 25 occasions.
The landlord attended each report and carried out several repairs including using electromechanical mechanics to clear blockages and drains.
Following further reports of blockages in September 2022, the landlord instructed a drainage specialist to identify the cause of the blockages. On 11 September 2022, it confirmed that a line had collapsed, and that there was an issue with the foul chamber, as debris was running the wrong way, towards the resident’s property.
A specialist company carried out a site inspection on 12 September 2023 and recommended that the defect pipe was dug up and the section replaced, as it would “cause further issues if it is not repaired.” It confirmed that “waste was in the defect” and graded the hole in the drain/sewer as “grade 5” which suggested the “pipe could collapse at any time, and urgent consideration should be given to repairs to avoid a total failure.”
The resident submitted a complaint on 23 September 2023 and said that in her opinion the drains were “bad”, and two of her washing machines had been damaged which meant she was unable to wash her clothes. She said that her complaints were not being resolved. In a further email to the landlord on 28 September 2023, the resident said that she was unable to use her kitchen as it had flooded, and that herself and her children had been living on “junk food” for three weeks.
A second CCTV survey was conducted on 9 January 2023, which reiterated the previous survey recommendations on 12 September 2022. The works to repair the pipe were completed on 14 February 2023.
The landlord raised a further works order in relation to the bath and toilet, and the drainage issues on 7 December 2022 but was marked as no access. A further works order was raised on 23 March 2023, and access was attempted on 28 March 2023. The resident reported the issues again on 18 April and 17 May 2023.
The landlord’s stage two response sent on 18 April 2023, identified that works to the drainage pipes were outstanding, but confirmed no access on two occasions between December 2022 and March 2023. It had raised a new works order and its contractors would contact to make an appointment. It concluded that it had experienced several no access appointments which had caused significant delays in works being completed. It was important to recognise the substantial efforts to complete works, and because of the timeline, it was not liable for any damage to the resident’s belongings as it had not been able to attend to complete works. It did, however, recognise the inconvenience of the situation and offered a gesture of goodwill payment.
The resident was decanted from the property from 12 July 2023 and returned on 23 August 2023. This Service understands that the resident has reported further blockages in the bathroom in September 2023, and the drainage specialist attended to clean, jet and rod the outlets.

Repairs to the boiler

On 7 December 2022 the resident reported that the heating in her property was not working. The landlord confirmed that during December 2022, nine heating failures had been reported by the resident. Access was attempted on 8, 9, 15, 20 December 2022. A new part was fitted to the boiler on 22 December 2022 and the system was reported as “all working correctly.”
The resident made further reports on 5 January 2023 that the boiler was not working and as a result, had no heating or hot water. On 9 January 2023, the resident was provided with temporary heaters.
The landlord’s stage one response said that it had made multiple attempts to access the property. It would raise a new works order, to ensure the issues were resolved. The resident remained dissatisfied with the landlord’s response and said that the issues with her heating had been ongoing for a year, and the property was “uninhabitable, covered in mould and her daughter had asthma” and despite the landlord inspecting the property, she had received no updates, or solutions.
Heating contractors attended the property on 7 March 2023 and identified a fault with the thermostat. The resident chased the repair on 20 March 2023, and was upset that she still had no heating and was unable to stay in the property.
In its stage two response, the landlord acknowledged there had been a “large number of repairs” raised since 2022, but largely resulted in no access appointments. It confirmed that following a visit on 15 March 2023, no further works were required. The resident was unhappy with the landlord’s response, and confirmed in an email on 21 April 2023 that she had no heating to date, which had been confirmed by two members of staff following their visit. She confirmed she had not lived in the property since October 2022 as it was uninhabitable.
The landlord has advised this Service that a new boiler was installed in the property on 23 July 2023. On 10 November 2023, it confirmed that the resident had continued to report pressure issues, and it had requested its heating contractors arranged an appointment for the resident, the following week.

Damp and mould

The landlord was made aware of the damp and mould in the property on 8 February 2023, which the landlord allocated to its Damp Mould and Condensation (DMC) task force.
During a telephone conversation with the landlord on 27 March 2023, the resident advised that she was unable to have the heating on and her daughter had become ill because of the damp and mould issues.
The property was inspected on 3April 2023, which confirmed the bathroom was in a poor condition and follow-on works were required, and in the interim it would arrange a three-stage mould treatment.
The landlord’s stage two response confirmed that it had raised a three-stage mould treatment following the property inspection on 3 April 2023, and an appointment was booked for 13 April which was logged as no access. Despite it being unable to access the property, it had raised several works orders which included replacing the bathroom flooring and removing the asbestos ceiling.
Works to the bath panel, boxed area above the bath, and sealants to the bath and sink were completed on 28 April 2023. The asbestos ceiling was removed and replaced on 3 August 2023, at the same time as the flooring was replaced.

Assessment and findings

Policies and procedures

The landlord’s repairs policy confirms that it will respond to emergency repairs within 4 and 24 hours and aims to complete routine repairs within 28 calendar days.
The landlord’s repairs policy confirms that it is responsible for maintaining the structure and exterior of its properties, which includes drains, and installations in the property for the supply of water, gas, electricity, and for sanitation.
The landlord’s compensation policy states that it may award compensation in exceptional circumstances if there is damage to a resident’s property or their personal belongings. It will only consider this if the damage is a direct result of something it has done or failed to do, and it has proof of ownership and value of the damaged item(s).
It will consider compensation and consider whether the event has caused the customer financial loss or significant distress or inconvenience. And whether the customer has lived in poor conditions longer than is reasonable due to its failure to deal satisfactorily with repairs that it is responsible for.

Leaks, blockages, and drainage issues

It is not disputed that the landlord is responsible for repairs to the drains. Therefore, it was necessary for the landlord to investigate the resident’s reports, which were affecting her use of the property, and take steps to resolve the issues in a reasonable and timely manner.
The evidence confirms that on 9 November 2020, the landlord was aware that the drainage was “an ongoing issue as the customer is the last resident in the pipeline.” Between September 2020 and September 2023, the landlord’s records show that its drainage contractor attended the resident’s property to clear blockages on at least 9 occasions.
While the landlord does not specify a timescale for drainage issues, this Service would expect the landlord to classify blocked drains affecting the internal property as an emergency repair. The evidence suggests that the landlord fulfilled its repair obligations and attended each individual report appropriately.
The evidence shows that the resident contacted the landlord, and on several occasions expressed distress due to the poor condition of her home and the situation was affecting her mental health. While this Service cannot make a finding on the extent to which the resident was affected by the drainage issues, the impact was significant, in that it affected her day to day living, which resulted in her living elsewhere.
Following the CCTV survey in September 2022, a pipe was identified as having collapsed, as well as a problem with the foul chamber, which meant that debris was running back towards the resident’s property. The repair was graded a “5” which suggested the pipe was at risk of collapse at any time and “urgent consideration should be given to avoid a total failure.” A further recommendation was made to show the resident’s the CCTV footage, so that they were aware of the extent of the issue. There is no evidence to conclude that the landlord did this which meant it missed the opportunity to provide the resident with assurance that it had identified the problem, and how it planned to resolve it.
Despite the expert’s recommendation to give the matter urgent attention, the pipe was not repaired until 14 February 2023. The landlord has not sufficiently explained the five-month delay. It is unclear why it has attributed delays in repairing the pipe to the resident, given that the pipe was in her neighbour’s garden. As such, the five-month delay to repair the pipe was unreasonable and does not demonstrate the landlord took a proactive approach, or that it took the matter as seriously as it was recommended to.
Throughout the complaint, the resident informed the landlord of the damage to her personal possessions, which was a result of back-surges of water, flooding, and blockages, which she attributed to the “bad” drains. This Service’s guidance confirms that for complaints involving insurance, a landlord should consider what is a fair and reasonable response, and initially consider if there is any evidence it is at fault for claimed damage. If a landlord disputes fault, it may be reasonable to refer residents to their or the landlord’s own insurer to establish liability.
The landlord confirmed that it was not liable for any damage to belongings, as it had not been able to attend the property to complete the required works. Where there is a dispute over liability, a reasonable response would be to signpost the resident on how to submit a liability claim. Although any decision as to whether a payment was due would ultimately be for insurers to determine, the landlord’s failure to explain how she might make a claim would have further undermined the resident’s confidence that the landlord had fully considered her request for compensation.
Despite being aware that works to the drainage remained outstanding at the point of issuing its stage two response, the landlord lacked ownership and accountability, which impacted its ability to suitably manage the repairs. That it did not commit to reviewing the repairs upon completion was a further failing. The further drainage issues that affected the resident’s kitchen and bathroom were not completed until 22 September 2023, nine months after the works order was raised, which was an unreasonable delay.
This Service has considered the extent to which the resident’s actions mitigate the level of compensation the Ombudsman will award in this case. While the landlord experienced access issues, it was aware that the resident was not residing at the property and that she needed to be contacted in advance of any visits, which is reiterated on the work tickets. While the landlord has shown that it has attended, it has not been able to provide information which confirms the resident was made aware of the visits, prior to operative’s attendance. Further, the resident contacted the landlord in January 2023, stating that “There have been a series of appointments that are made and not fulfilled. No one ever turns up.” She then gave the landlord two dates that she would be home, so that it could attend to make repairs. There is no indication that the landlord responded to this or made attempts to book appointments for the days that the resident had offered. Furthermore, if there was an ongoing issue with accessing the property, it would have been reasonable for the landlord to consider implementing its access policy, to ensure that the condition of its property was not deteriorating.
The landlord recognised that there had been faults through its complaint investigation, and appropriately offered compensation for the distress and inconvenience caused to the resident, in addition to a payment for failed appointments. Although it was appropriate that the landlord took steps to offer redress, given that the delays continued for several months after the completion of its complaints process, the level of redress did not account for the additional inconvenience caused.
While the landlord has recognised faults, it would have been appropriate to demonstrate learning and consider how it could prevent a recurrence of such failings in the future, in line with the Ombudsman’s Dispute Resolution Principles.
This Service understands that the resident was decanted from the property between 12 July 2023, and 23 August 2023, but is unclear why the decant was authorised at this point and therefore it is difficult to assess the situation. However, given that there were no new repairs reported, but a continuation of the issues the landlord was aware of, it is reasonable to conclude that had the landlord considered a decant at an earlier stage, or when it became aware that the resident was not residing in the property, it may have been able to minimise the detriment and inconvenience she was caused.
Despite returning to the property in September 2023, the resident has continued to experience blockages, which indicates that the works to date have not successfully resolved the problem. In the circumstances, it would be reasonable for the landlord to engage the services of an independent drainage specialist (one that has not been involved in this case previously) to undertake a full investigation of the drainage system. An order has been made to that effect, below. The landlord should act on any recommendations made in the survey report.

Repairs to the boiler

Policies and procedures

The landlord’s repairs policy confirms that it aims to complete essential repairs within 24 hours. It includes total or partial loss of heating and hot water between 1 November and 30 April and leaks from water or heating pipes, tanks, or cisterns as an emergency repair.

Assessment

The evidence confirms that the resident reported that she was without heating and hot water in December 2022. The landlord confirmed that the resident had reported nine heating failures in December 2022. Overall, the records show that the landlord attended each report within 24 hours, but on 10 occasions throughout December 2022 and January 2023 was unable to access the property. It is not disputed that the landlord attempted access on multiple occasions, and on that basis, it did not uphold this aspect of the resident’s complaint, as it had responded each time the resident reported the issue. This was reasonable, as the landlord had made efforts to access the property so that the system could be repaired.
Despite this, the landlord did not acknowledge the length of time the issues had been ongoing for and confirmed that there had been “a large number of repairs raised since 2022”. The evidence confirms that the resident had reported intermittent faults and heating loss from May 2020, which raises a question into the interrogation of previous records, and the diligence of the landlord’s enquiries into the complaint.
The resident had explained that she was not residing in the property, as she thought it was uninhabitable. The landlord’s records confirm that it was aware that she was living elsewhere. When the landlord inspected the property in February 2023, the inspection notes do not conclude one way or another as to whether it deemed the property uninhabitable, or that it explained that in moving out, the resident was doing so through her own choice. It would have been reasonable for the landlord to have clarified this.
The landlord has provided conflicting information as to when the heating repair was completed. The landlord’s stage two response confirmed that its contractors had attended on 15 March 2023, and no further works were required. In an email sent to the resident on 30 March 2023, the landlord confirmed that it had raised a new job and was waiting for its contractors to resolve the heating issues in the property. The landlord is reminded of the importance of keeping accurate and robust records, to accurately record progress of repairs. It is noted that the boiler was replaced in July 2023, which suggests that issues were ongoing after March 2023.
It is reasonable to conclude that the distress and inconvenience the resident experienced in relation to the issues with the boiler was exacerbated by the health of her daughter, as well as the other ongoing repairs. Although it is not disputed that access issues in December and January 2023 contributed to some of the delays, any loss of heating and hot water during the winter period would cause inconvenience to the resident. It would have been appropriate for the landlord to have recognised this and offered compensation for the “high effort” the resident needed to make for the issue to be resolved, which prevented her from enjoying her home. Therefore, this Service has made a finding of maladministration in relation to the landlord’s handling of this matter, along with orders for remedy.

Damp and mould

Policies and procedures

The landlord’s damp and mould policy (DMC) states that in the event of a report of damp and mould, it will conduct a risk assessment to determine whether a repair is required. It provides a high priority response to customers that have been identified as having acute physical or mental health vulnerabilities and may include treating what is generally categorised as a routine repair as an emergency.
The policy confirms that mould treatments should be raised on a 7-calendar day repair priority. Inspectors should contact the customer to arrange an appointment and the inspection should take place within 20 working days (28 calendar days).
If information received suggests that the property has significant issues with damp or mould, or there is an illness in the household that may be exacerbated by damp and mould, the resident must be contacted within 5 working days to book an inspection.

Assessment

The resident made an initial report of damp and mould to the landlord on 20 February 2023 which she stated was affecting her bathroom. She raised a further report on 20 March 2023, and was upset that because of the damp and the lack of heating, she was unable to stay in the property. The landlord was notified during a telephone conversation on 27 March 2023, that the resident’s daughter had become unwell because of the damp and mould.
The landlord has not provided evidence of a risk assessment following the residents report of damp and mould. Therefore, it is unclear how it assessed the risk and or vulnerabilities in the household, or that it considered whether the repairs needed to be prioritised.
The DMC inspection was carried out on 3 April 2023, 42 calendar days after the landlord was made aware of the damp and mould. This was a significant departure from its prescribed timeframe, detailed in its DMC policy. The landlord did not explain the reason for this delay.
Following the DMC inspection, the operative reported that the bathroom was in poor condition and follow-on works were required. A stage three mould treatment was completed on 28 April 2023. The evidence confirms that the landlord attended on 13 and 24 April 2023 and this Service does not attribute these delays to any failing on its part.
The evidence suggests that the resident was advised on how to clean areas of her bathroom, but it is unclear if it identified a cause for the damp and mould, or whether it considered the lack of heating as a contributing factor. Being unable to heat the property, and her assertions that the property was cold, it would be unreasonable to expect her to ventilate with the windows open and therefore, it would have been reasonable for the landlord to offer additional advice and support, to help her minimise the damp and mould issues she experienced.
While the landlord confirmed that remedial works would be completed, some repairs including the flooring and removal of the asbestos ceiling were not completed until 3 August 2023. The landlord had a responsibility to maintain oversight and effectively manage the works, to minimise further disruption to the resident. That it did not, meant that repairs to the ceiling and flooring remained outstanding for four months after the conclusion of the landlord’s complaints process. This does not demonstrate a resolution focused approach.
The landlord did not acknowledge any failings in respect of its handling of the damp and mould. However, this Service has identified failings due to its delay in carrying out an inspection, its lack of risk assessment, and for the overall time taken to complete all the repairs. Therefore, this Service has found maladministration in its handling of the issue.

Complaint handling

Policy

The landlord has a two stage complaints process. It aims to respond to stage one complaints within 10 working days and stage two within 20 working days. If it is unable to respond within those timeframes, it will advise the resident when it expects to be able to respond.
The resident complained to the landlord on 23 September 2022. While it appropriately sent a holding letter, which confirmed it hoped to be able to send a response by 8 December 2022. There is no evidence that this was the case. As stated in the Complaint Handling Code (Code), landlords should adhere to arrangements agreed in terms of frequency to keep residents regularly updated, and informed. It is not evident that the landlord consistently did that, after sending a holding letter on 24 November 2022.
The landlord provided a response on 25 January 2023, 124 calendar days after the resident had complained, which was a significant departure from the landlord’s prescribed timescales. Furthermore, the response did not specify that it was at stage one of the complaint process, which is not in line with the Code and caused confusion for the resident.
The resident remained dissatisfied with the response and a stage two response was issued on 18 April 2023. The landlord broke down specific issues of the complaint and assessed whether there was a service failure in its view. As it was clear that the resident’s complaint at the time of its response would not be resolved, it should have explained that it would keep in contact with the resident until the matter was resolved. This would have reduced the time and trouble incurred by the resident in chasing for updates.
The landlord recognised that its complaint responses had taken longer than they should have done to issue, which was appropriate for it to acknowledge. However, because the landlord failed to oversee the repairs to their conclusion, it failed to demonstrate that it had learned from outcomes, in line with the Dispute Resolution Principles.
Overall, the complaint handling did not adequately resolve the issues complained about and meant that the resident was detrimentally impacted for several months, after the completion of the landlord’s complaints process. The landlord did not use the complaints process as an effective tool to resolve the dispute, compounding the failings in the landlord’s handling of the substantive issues.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s handling of:
1. The resident’s reports about leaks, blockages, and drainage issues.
2. Repairs to the boiler.
3. Damp and mould in the bathroom.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in respect of the landlord’s handling of:
1. The complaint.

Orders

The landlord is ordered to, within four weeks of the date of this report:
1. Apologise to the resident for the failings identified in this case.
2. Pay a total sum of £1750 made up of:
  1. £750 for distress and inconvenience because of the service failures identified in the landlord’s response to the drainage issues, including delays to provide a permanent resolution. This replaces its previous offer of £300.
  2. £600 compensation for the distress and inconvenience caused by the handling of its repairs to the boiler.
  3. £400 compensation for the distress and inconvenience caused by the delays in repairs to the bathroom.
3. Contact its insurance departments and advise the resident and this Service on its position, including advice on whether the resident can submit a liability claim.
Within eight weeks of the date of this report, the landlord should:
1. Instruct an independent specialist, not previously involved in the case, to carry out a full investigation survey of the drainage system. The landlord should as a minimum, provide this Service and the resident with:
  1. A copy of the full investigation and if any issues are identified, a timescale for completion of these works.
  2. Its intentions in carrying out preventative work.
2. Carry out a review of the case to identify learning and provide this Service and the resident with a summary review, setting out what went wrong, and the steps it will take to ensure that the failures are not repeated. The review should include:
  1. Consideration of how it utilises its access policy to ensure the timely completion of repairs.