Peabody Trust (202234265)

REPORT

COMPLAINT 202234265

Peabody Trust

28 March 2024

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 the resident about:
   1. Issues in the kitchen, bathroom and bedroom including leaks, damp, and mould.
   2. Boiler repairs.
   3. Windows repairs.

Background

2. The resident is a tenant of the landlord. The tenancy commenced in 2014. The property is a 2-bedroom flat, which the resident lives in with her husband and 3 children, including a child with a heart condition and a child with asthma. The landlord records that there is vulnerability at the property, but it is unclear to what level of detail.
3. The resident provides information that she discussed repairs with a surveyor in April 2022, and they said they could arrange repairs for kitchen cupboards, windows, and under a bath. The same month, a repair was raised to secure kitchen cupboards and remedy rotten wood underneath a bath, from which a smell of damp reportedly affected the resident and her family. In May 2022, a contractor attended the repair, and noted that they repaired a leak under the bath and repairs were needed for a bath panel and a kitchen unit drawer. They also noted that the resident wanted a wooden bath frame removed and flooring repaired due to the leaks, and asked for the repair to be rebooked and the resident advised. Following this, a repair for the bath panel and kitchen drawer were raised and in August 2022, a new bath panel was fitted and it was noted the resident said the kitchen drawer was fine.
4. On 20 December 2022, a repair was raised and attended for no heating and hot water, and it was identified that a diverter valve was leaking and a plate heat exchanger was needed. Following this, contractors reportedly attempted access twice before a visit on 29 December 2022, which noted “New p c b fitted and fernox system cleaner added to the boiler heat exchanger blocked pump running slow boiler is 15 years old recommend new one…”
5. In early January 2023, the resident emailed the surveyor she discussed repairs with in April 2022. She raised concern that issues remained unresolved, and asked for a supervisor visit and necessary repairs to be prioritised. She noted that a plumber had said wood under the bath had rotted and would need to be replaced. She also said the boiler had recently been temporarily fixed and she had been told she needed a new one, but she had not heard anything about this, and it had recently displayed another error message. After this, a repair was raised for windows, and a repair was raised for the removal of a bath panel to check for leaks, which noted that follow-on repairs would need to be raised if items such as flooring were water damaged. The same month, the bath panel repair was closed after a contractor attempted a visit and confirmed with the resident that she and her husband were not in.
6. In mid February 2023, contractors carried out a window survey that identified that sashes required replacement in dining and living rooms; sealant was required in the dining room, living room, kitchen and bedroom; and sash cords required replacing on a bedroom window. The following month, the landlord received and approved a quote for the window works.
7. On 12 March 2023, a Sunday, the resident reported an uncontainable boiler leak. This was attended the following day where it was noted “new valliant pump required in stock at plumbase. the diverter valve could be changed as well required In stock at plumbase. water inside the boiler couldn’t see anything leaking inside cleaned.. temp repair.” The resident says that she experienced  flooding and no heating and hot water on a further occasion, and a new boiler was subsequently installed on 24 March.
8. From mid to late March 2023, the resident complained to the landlord.
   1. She said that she had no heating and hot water for 2 weeks over Christmas, and she was told she would be contacted about replacing the boiler. She said that she was told a report on 12 March would be attended the same day, but it was not attended until the next day. She was also advised to turn off electrics, however electricity was needed for her child’s heart condition to be remotely monitored. She said that due to the issue not being resolved in December, the leak had caused damage to kitchen cupboards, flooring and appliances.
   2. She raised dissatisfaction with the landlord’s handling in the past 4 months. She said number of repairs reported in December had not been resolved. There was water damage to the kitchen floor, cupboards, sides and sealant. The operative had found severe mould behind tiles and cupboards when replacing the boiler, and she had been informed the entire kitchen needed to be removed to treat it. There were stained carpets due to leaking radiators. The bathroom flooring was rotten and smelled of mould, and there was water damage to a bath panel. There were issues with windows that included exposed glass. There was a cracked hallway skylight which resulted in water ingress and damage to flooring. There was loose stairway flooring and sharp cracked paint on an external door that were hazards. She had also taken time off work for appointments that were missed.
   3. She said that she and her family were under immense stress and the landlord’s actions had increased this. One of her children had a heart condition and one of her children had asthma. A horrendous smell of mould in the kitchen and bathroom was affecting both children’s health, and they were being treated for chest infections due to damp in the property.
9. On 26 April 2023, two supervisors from the contractor inspected the mould in the kitchen and bathroom. They said that both the kitchen and bathroom appeared in good condition with no signs of damp or mould, but making good had not been completed to the wall behind the boiler pipework, and there was a very small leak to some toilet bolts. They noted that the resident thought there was mould behind kitchen units and mould under the bath, but they were unable to check this. They noted that they would discuss their findings with the landlord’s surveyor.
10. The landlord provided a stage 1 response on 4 May 2023. It noted the resident complained about repairs delays since December 2022. It detailed repairs for the boiler, and said that it was not referred for replacement as it was repaired in December 2022. It noted that there was an inspection of the kitchen and bathroom, and the contractor had now been asked to remove the units to see the damage, and to quote for works to the bathroom. It apologised for the delays in rectifying reported repairs, the impact on the resident and her family’s health, and her having to make a complaint. It said it would monitor matters and when the repairs were completed, it would review them and complaint handling and consider compensation. However, it clarified that it did not compensate for loss of earnings for appointments, or for a lack of contents insurance which residents were expected to have for damage to personal belongings.
11. The resident requested escalation. She was unhappy the landlord only investigated the past 6 months, as issues were originally reported over 12 months prior. It had not acknowledged lack of heating over Christmas and the boiler being referred for replacement in December 2022. It did not address the negligence suffered, the appalling conditions she was living in, and she and her children missing work and school due to recurrent infections and issues. She said that she was still living with damp and mould and wanted the property to be restored to the condition before the issue occurred. She was unhappy at being expected to claim on her insurance for damage caused by repairs failings. She also said that she had been told 2 years ago that she would be moved to ground floor accommodation due to her child having difficulty with stairs.
12. The landlord provided a stage 2 response on 21 June 2023.
    1. It acknowledged multiple failings. There were delays arranging the boiler replacement between December 2022 and March 2023; delays arranging the inspection in late April 2022 after the resident’s contact in mid March; and delays progressing the repairs. The contractor that replaced the boiler should have reported any identified works. The stage 1 did not address all the issues raised, and outstanding issues were not effectively monitored. It said the inspection confirmed the bathroom lino required replacement, mould was found behind tiles, and 3 window timber sashes needed to be fitted, and it assured her that all outstanding repairs would be tracked to completion. It apologised that the service fell short of what it expected and noted that as part of a merger, it was focusing on root cause of complaints such as communication, delays, oversight and contractor accountability and putting in place measures to resolve these.
    2. It acknowledged reported health issues and damage to personal belongings. It explained that personal injury and damages claims required a medical/loss adjustment background and it detailed how to make a claim to its insurance department.
    3. It said it was awarding compensation based on the service failings it had identified this took into account concerns in April 2022. It awarded £1,018.60. This comprised £100 for no heating and hot water between 20 and 29 December 2022; £75 for not actioning the recommendation to replace the boiler promptly; £150 for complaint handling, including the stage 1 not addressing all issues, lack of repair monitoring, and delay in response; £150 for time, trouble and inconvenience, including delays in arranging an inspection and progressing repairs after this; and £543.60, 5% of the rent from April 2022 to June 2023, for the repairs issues in this period including the window, kitchen and bathroom.
13. Following this, the window repairs were completed in June/July 2023, and the contactor pre-inspected for the repair to investigate mould behind kitchen cupboards. In August 2023, the landlord noted that the resident wanted a new kitchen and bathroom, as she reported that contractors could not guarantee cupboards could be reinstated after they were removed. This was internally discussed, and it was noted that the whole kitchen and bathroom would not be renewed as it was a day to day repairs service, but if any units could not go back in they would be renewed like for like or to the closest possible match.
14. However, there is no evidence of this being relayed to the resident or of any further substantive action and communication in respect to the repairs. The Ombudsman recently discussed the case with the resident, who says that she has not heard anything since November 2023 when the landlord said it would follow up with its repairs department. She says that she was not told that the landlord would replace cupboards like for like or to the closest matching if cupboards could not be reinstated. She also says that she has received no reply after she contacted the landlord to accept its compensation offer.

Assessment and findings

Scope of the investigation

15. The Ombudsman understands the resident’s situation and recognises that the concerns she reports have affected and caused distress to her and her family. She has been informed that we do not make definitive decisions about liability, the impact on health and damage to possessions. The landlord has provided details of its insurer which is an appropriate channel for the claims to be considered and responded to. She has also been informed that we do not make definitive decisions about whether a tenant should be rehoused. We are also unable to investigate issues which did not exhaust a landlord’s complaints procedure, which applies to issues such as stair flooring. The Ombudsman can assess whether a landlord’s response was reasonable, which this investigation goes on to do.

Issues in the kitchen, bathroom and bedroom including leaks, damp, and mould

16. The resident raised multiple concerns about leaks, damp and mould, and said that she was living in conditions which she has linked to her vulnerable children’s health issues such as chest infections. The resident seems to have had concerns about the bathroom the longest, as these were raised in April 2022, while concerns about the kitchen arose in March 2023 when the boiler was replaced. The inspection after the complaint found the kitchen and bathroom conditions good with no signs of damp or mould (excluding behind cupboards or under the bath). This and the evidence provided to both the landlord and the Ombudsman means it is not possible to clearly establish significant issueswith the property condition.
17. However, there were clearly delays from when issues such as rotten wood/flooring under the bath were originally reported in April 2022 without any substantive progress. It was also not satisfactory that it took a month for an inspection to be carried out after the complaint. It was therefore appropriate that the landlord acknowledged multiple issues and delays progressing inspections and repairs, and awarded £1,018.60. This included £150 for distress and inconvenience and £543.60 for the repairs delays (5% of the rent from April 2022 to June 2023). This seems to reasonably reflect the evidenced issues. The landlord also provided a reasonable resolution in committing to replace bathroom flooring, and to remove kitchen cupboards to investigate the level of damp and mould behind these. However, there are aspects of the landlord’s response which is not satisfactory.
18. There is a running theme of the landlord and its contractors coming across as unclear in what is instructed, reported or requiring further action. This extended to the inspection following the complaint and the complaint responses, which lacked detail about further actions for all the repairs issues raised by the resident or identified in the inspection. This included other reported rotten wood in the bathroom such as a bath frame; a wall identified to require making good after the boiler replacement; and an identified small toilet leak. The landlord should ensure that it is more detailed in its investigation and responses to avoid any repairs being missed.
19. The landlord should also ensure that it meets commitments in its complaint responses, but substantive action, monitoring and communication seems lacking in the 9 months since the final response. This is not satisfactory when the landlord assured the resident that it aimed to remedy such issues. The resident raised concern to us in August 2023 about lack of replies from the landlord. It was in receipt of her enquiries, and internally noted a reasonable position that if any removed cupboards could not be reinstated, these would be replaced like for like or to a closest match.
20. The resident however confirms this was not communicated to her and that she has received no contact despite chasing for an update in November 2023. She has also not received the £1,018.60 compensation she accepted. The landlord shows an unsatisfactory lack of regard for the resident’s household vulnerability and the significant concerns she has, which can only be resolved by actions such as investigation behind kitchen cupboards and repair of any rotten wood. This will have caused further distress and inconvenience and undermined the resident’s confidence. The landlord should compensate the resident £350 in recognition of these issues and the continued lack of resolution.

The boiler

21. The resident complained about lack of heating and hot water for 2 weeks over Christmas 2022, and the landlord acknowledged there was a lack of heating and hot water between 20 and 29 December 2022. The landlord’s compensation policy says that after 24 hours, £3 per day is awarded for loss of hot water and up to £5 per day is awarded for loss of heating. This is in line with the ‘Right to Repair’ regulations which detail compensation payable to local authority tenants for loss of service such as heating. The landlord’s compensation of £100 exceeds the £64 which the policy and relevant law indicates is applicable, and therefore seems overall reasonable for the period without heating and hot water.
22. The resident complained about the delay replacing the boiler after replacement was recommended in December 2022 and about when lack of heating and hot water and leaks recurred. The landlord acknowledged that there was a delay and compensated £75. This was appropriate as the contractor’s reports about the boiler having a blocked pump and running slow should have prompted greater consideration of the recommendation to replace it. The compensation reasonably compensates for the service failing in not replacing the boiler.
23. However, the landlord only addressed the delay in replacing the boiler, and did not demonstrate it adequately investigated when the issues recurred in March 2023. This included reports that the repair was attended a day late, and the resident being advised to turn off electrics when her child needed their heart readings to be remotely monitored by specialists. The landlord should compensate the resident £100 for the additional distress and inconvenience caused by the boiler leaking and not functioning again in March 2023, and its handling related to this.

The windows

24. The resident raised multiple concerns about the disrepair of the windows, including that said there was exposed glass which was a safety hazard. She also said there was a cracked hallway skylight which resulted in water ingress and damage to flooring. The evidence shows that after a repair was raised in January 2023, windows repairs were identified at an inspection in February 2023, and these were authorised in March 2023. The window repairs were then completed in July 2023 after a rescheduled appointment in June. The lead time for windows is understood to be about 3 months, so there were potential delays in completing the works, but these seem reasonably addressed in the £150 and £543.60 the landlord awarded in recognition of delays such as the windows.
25. However, it is not evident that the landlord addressed the skylight repair, which the resident says she was told the landlord would need to authorise. The landlord should have more clearly assessed the report that the cracked skylight was resulting in water ingress and damaging the floor, and set out its position on this. The landlord should compensate the resident £100 for not addressing this.

Determination

26. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
    1. Maladministration in the landlord’s response to the resident about issues in the kitchen, bathroom and bedroom including leaks, damp, and mould.
    2. Service failure in the landlord’s response to the resident about boiler repairs.
    3. Service failure in the landlord’s response to the resident about windows repairs.

Orders and recommendations

Orders

27. The landlord should, within 4 weeks, pay the resident £ 1,568.60. This comprises the £1,018.60 it originally offered; £100 for the boiler issues; £350 for the issues in the kitchen, bathroom and bedroom including leaks, damp, and mould; and £100 for the windows.
28. The landlord should, within 4 weeks, provide a detailed written update to the resident about the status of the outstanding works, and its action plan to progress these. This should include the investigation behind kitchen cupboards for damp and mould; the replacement of bathroom flooring; the reported rotten wood bath frame; the kitchen wall identified to require making good; and the identified small leak in the toilet. The landlord should also confirm what will be done if any removed kitchen cupboards for the damp and mould investigation cannot be reinstated, and when the kitchen and bathroom are currently scheduled for renewal under its major works programme.
29. The landlord should, within 4 weeks, assess the skylight and the flooring reported to have been damaged as a result of a crack in this. It should then provide a written update to the resident, setting out its intentions for the repair or renewal of the skylight, and its position on any damage to the flooring.

Recommendations

30. The landlord is recommended to liaise with the resident to ensure that her household vulnerabilities are fully recorded, for its staff and contractors to access and make service adjustments when appropriate.
31. The landlord is recommended to review its complaint handling, to ensure that these are more detailed in the next steps for outstanding repairs issues, and to ensure that these are effectively monitored and communicated about.
32. The landlord is recommended to review how its repairs services and contractors record instructions, visit outcomes, outstanding issues, and further actions required, to ensure these are sufficiently clear for those responsible for follow up action such as the raising of further repairs.