Paragon Asra Housing Limited (202126520)

REPORT

COMPLAINT 202126520

Paragon Asra Housing Limited

30 March 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 the landlord’s handling of the residents reports of leaks into their property, the resulting repairs and compensation amount offered.

Background

2. The resident is a tenant of the landlord. The property is a ground floor flat, with similar properties above.
3. On 20 December 2021, the resident reported to the landlord that there was a leak coming from the above property through her kitchen and living room ceilings. The landlord attended on 23 December 2021 to ensure that the electrics were safe following the water ingress. The landlord attended again on 28 December 2021, where it discovered the leak was coming from the above property.
4. The resident complained on 28 December 2021. She stated that leaks had been an ongoing issue, with the current one causing water to run down the kitchen cupboards. This had caused damage to the kitchen units, as well as to her kitchen appliances, and allowed mould to grow throughout the property. She stated that as an outcome she wanted lasting repairs to be carried out to the root cause of the leak, as well as a ceiling renewal to both ceilings and a new kitchen.
5. The landlord stopped the leak on 30/31 December 2021. It responded to the resident on 12 January 2022, apologising for the delay in stopping the leak. It acknowledged that there had been multiple leaks to the resident’s property over the years, but stated that these were all from different sources. It confirmed that the damage caused by the leak would be repaired. The resident escalated her complaint on 12 January 2022. She disputed that the leaks were from separate sources. She stated that the landlord had not attended to inspect the damage, and that the extent of damage meant that the ceilings and kitchen needed to be replaced. She was unhappy that she had been advised to claim on her contents insurance for her damaged possessions, as this would raise her insurance premium.
6. The landlord sent its final response on 31 January 2022. It reiterated that the leak had been fixed and the past leaks had been from different sources. The landlord explained that it would not replace the ceilings if a repair would be sufficient. It stated that if a renewal was deemed necessary once the works commenced, this would be completed. It also explained that the resident’s kitchen was not due for renewal until 2037. It stated that it had attended the leak within its specified timescales, therefore did not believe it had behaved negligently. Subsequently, it could not compensate the resident for her personal possessions. It did however offer £100 compensation for the inconvenience of having multiple leaks in the property.
7. On April 2022, a support advisor who was working with the family contacted the landlord on the resident’s behalf. The advisor asked the landlord to inspect the damaged cupboards, explaining that as a result of the leak, the units had become very mouldy. She stated that this was causing health implications for the resident and her children. A surveyor attended on 4 May 2022, it recommended that the landlord renew two ceilings, paint the kitchen and living room, and renew the kitchen wall unit along with three doors. The landlord undertook repairs and a mould treatment to the ceilings on 26 July 2022. It attended on 7 October 2022 to carry out works to the kitchen cupboards, but as the resident had not emptied them, it did not complete any works. No further works have been raised.
8. In her complaint to this Service, the resident has stated that the leaks have been ongoing for some time. She feels that the landlord’s repairs were not extensive enough, and would like her ceilings and kitchen renewed. The resident would also like the landlord to send a surveyor to the property to make sure it is structurally safe, and for it to award further compensation for her damaged personal possessions.

Assessment

Scope of investigation

9. Under paragraph 42 (c) of the Housing Ombudsman Scheme, the Ombudsman will not consider complaint’s which were not brought to the attention of the landlord as a formal complaint within a reasonable period which would normally be within six months of the matters arising. Although the historical reports of leaks relayed to this Service by the resident will provide contextual background to the current complaint, this assessment will focus on the most recent leak experienced by the resident, which was reported to the landlord on 20 December 2021.

The landlord’s handling of the residents reports of leaks into their property, the resulting repairs and compensation amount offered. 

10. The resident’s tenancy agreement states that the landlord is obligated to keep the structure and exterior of the property in good repair. This includes the drains, gutters and external pipes, as well as the internal walls and ceilings internal waste and water pipes.
11. According to the landlord’s maintenance policy, emergency repairs should be responded to within four hours and rectified within 24 hours. Emergency repairs are defined as a repair that immediately affects the resident’s health and safety, or if not repaired would damage the fabric of the building. Included in the examples of emergency repairs are burst pipes, blocked drains or severe roof leaks. Routine repairs are to be completed within 15 working days.
12. The maintenance policy also states that the landlord will insure the structure of its properties together with its fixtures and fittings. The landlord is not liable for any damage to personal belongings, except for where it has been negligent. Residents are responsible for purchasing contents insurance, to insure their belongings.
13. According to the above maintenance policy, the landlord should have responded to the resident’s report of a leak on 20 December 2021, within four hours. It should then have rectified the leak within 24 hours. The landlord did not respond within these timescales, attending the property three days after the issue was reported on 23 December 2021, and finally stopping the leak on 30 January 2021.
14. Although a delay in repairs does not always constitute a failing, the landlord would be expected to act proactively during this time to solve the issue. This is especially true in such cases where leaving a problem could represent a significant risk to the resident and property condition. The landlord would also be expected to keep the resident updated as to the status of their repairs, and to manage the entire repair effectively. However, the landlord failed to manage the repair, resulting in the resident being required to continually chase for the landlord to attend. It failed to effectively communicate with the resident, and allowed the leak to continue for ten days, causing extensive damage to the property. This was a failing.
15. In the landlord’s complaint response, the landlord acted reasonably by apologising for the delay to the resident’s repairs. It was also reasonable to state that its operatives would assess the damage to the ceilings, and determine if a repair would suffice, or if a renewal was necessary. Social landlord’s need to effectively manage their budgets to be able to provide their services, therefore once the landlord assesses the work, it has discretion as to the extent of the repairs necessary.
16. However, the landlord’s response to the resident’s request for a kitchen renewal was inappropriate as it should have considered if a renewal was necessary. Instead, the landlord stated in its response that the kitchen would not be renewed until 2037, without inspecting the units. While it was appropriate for the landlord to offer the resident compensation for the leak to her property, £100 was not proportionate to the impact suffered by the resident, who had the stress of a severe leak for the ten days over Christmas, with resulting damage and ongoing mould issues in her property.
17. According to the above policies, the landlord does not typically compensate for personal items that become damaged, unless they are damaged as a result of negligence on the behalf of the landlord. Subsequently, it was not appropriate for the landlord to have initially directed the resident to claim on her contents insurance only, as the landlord did not respond within the correct timescales, and left the leak ongoing for ten days. It is arguable that as a result of the delay, more damage was sustained to the property and its contents. In such cases where the landlord has not acted within its policy guidelines, it should signpost the resident to make a claim on its liability insurance. If this is unsuccessful, then the landlord may advise the resident to claim on her own contents insurance. Overall, its complaint response was not reasonable in the circumstances, and amounted to a failing.
18. Since completing the complaint procedure, the landlord acted appropriately by undertaking a survey to the resident’s property in May 2022. The surveyor recommended that the landlord renew the ceilings, and replace some of the kitchen cupboards and doors. Despite this advice, the landlord only undertook repairs to the ceiling. As stated above, the landlord has discretion as to the extent of the works it undertakes, as long as it ensures that all repairs are suitable and safe for the property. It has explained that its own contractors believed repairs to the ceiling to be the most appropriate, which is reasonable, as this is within its discretion to decide.
19. Nevertheless, the landlord did act on the surveyor’s recommendation to undertake work to the resident’s kitchen, attending in October 2022. This was appropriate, as although delayed, it would have partially mitigated its failure to consider undertaking a kitchen renewal previously. However, the landlord has struggled to gain access to the kitchen units, due to the resident’s belonging’s being in the way. The landlord should continue to work with the resident to ensure that the kitchen works are completed to ensure the units are safe and secure for the resident.

Determination (decision)

20. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the residents reports of leaks into their property, as well as the resulting repairs and compensation amount offered.

Orders

21. Within four weeks of the date of this report, the landlord is ordered to:
    1. Pay the resident £350, inclusive of the £100 compensation offered previously. This is in recognition of the failings identified.
    2. Liaise with the resident about completing works to her kitchen, setting out the steps that need to be taken for the works to go ahead.
    3. Send a surveyor to the property, to assess the safety of the ceilings now that the repair work has been completed. The landlord should then act accordingly on their findings.
22. Evidence of compliance with the above orders must be sent to this Service within the same four weeks of the date of this report.