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Amplius Living (202317865)

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REPORT

COMPLAINT 202317865

Amplius Living

16 June 2025


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’s:
    1. Report of repairs in the kitchen, bathroom, and toilet (WC) and associated damp and mould.
    2. Associated complaint.

Background

  1. The resident has an assured tenancy with the landlord. She has lived in the 3-bedroomed house with her 3 children since 2015. The landlord has confirmed the resident has mobility issues and mental health vulnerabilities.
  2. Around 9 June 2021 the resident informed the landlord of a leak from the shower and that the WC was not working. On 18 June 2021 the resident told the landlord the shower leak was uncontainable and flooding the bathroom floor. A contractor attended the same day and completed a repair to stop the leak. On 2 November 2021 the resident reported the WC was blocked. The landlord attended the same day and cleared the blockage.
  3. The resident reported a leak from the roof on 8 December 2021 which she said was damaging the bedroom. A contractor attended on 15 December 2021, but there was no access. The landlord inspected the property on 11 January 2022 and asked a contractor to:
    1. supply additional insulation (to be completed February 2022)
    2. repair the water damaged wall in the bathroom and replace the skirting board next to the bath (to be completed 21 January 2022)
    3. repair/replace the defective WC flush (to be completed 21 January 2022)
    4. repair water damaged ceiling in the kitchen (date not given)
  4. On 28 April 2022 the resident told the landlord bathroom tiles had come away from the wall and water was dripping into downstairs. A contractor attended on 4 May 2022. On 1 June 2022 the resident reported tiles had fallen off and hit her. The resident said a contractor attended on 10 June 2022 but told her it could not do the work due to the contract ending. The landlord inspected the property on 14 June 2022 and tasked a contractor with the necessary repairs.
  5. On 28 July 2022 the resident reported tiles coming off the bathroom wall and thick mould. On 15 September 2022 the bathroom ceiling was treated and painted and on 21 October 2022, aqua panels were fitted. A further blockage to the WC was reported on 5 October 2022 and cleared on 7 October 2022. On 22 October 2022 a contractor attended to a further shower leak. Repairs were completed but a further leak was reported on 25 October 2022 and work was completed on 27 October 2022 to resolve the leak. A further WC blockage was reported on 1 November 2022 and cleared on 7 November 2022.
  6. The resident submitted a complaint to the landlord on 14 November 2022. She said:
    1. there had been ongoing issues for the past year following the shower leaks and water going through the ceilings
    2. mould in the bathroom reported in 2021 had spread to her children’s bedroom which she felt was due to the lack of action by the Surveyors who had attended
    3. aqua panels had been installed but further work needed had not been booked correctly
    4. an appointment had been made for the repairs in the bathroom, but it also needed to cover the kitchen and living room
    5. the leaks had damaged the living room carpet, the bathroom flooring and other belongings and she wanted compensation for the damage caused
    6. she and her son had developed coughs due to the mould and both had to have x-rays
  7. The landlord provided its stage 1 complaint response on 6 April 2023. It said:
    1. a Surveyor had conducted a damp and mould survey on 13 March 2023 however the resident was not happy with the outcome
    2. a contractor had arranged a loft inspection for 22 February 2023 but then rescheduled it to 20 March 2023
    3. it understood the stress caused by a contractor who had damaged décor and lighting in her daughter’s bedroom
    4. it had escalated the case as it wanted the cause of the damp and mould investigating, for any repairs to be raised, the damp and mould survey re-booked, and once the cause was identified, it would redecorate as a gesture of goodwill due to the length of time taken
    5. it was sorry for the time taken to respond to the complaint and offered £75 compensation
  8. The resident escalated her complaint on 6 April 2023. She remained unhappy with:
    1. the mould in the bathroom
    2. the damaged paintwork on the kitchen door frames
    3. the damage caused to carpets, lighting and bathroom cabinet
    4. the compensation offered
  9. The landlord provided its final complaint response on 20 November 2023. It:
    1. provided a timeline of bathroom repairs from June 2021 to September 2023 and recognised that despite the visits and surveys, the repairs were not actioned accordingly which caused delays
    2. said an inspection in August 2023 confirmed the need to replace the utility and bathroom flooring, skirting board, bath panel, aqua panels, shower screen and extractor fan, and an assessment of walls and flooring damaged by the water, and decorative work to all affected areas
    3. confirmed the repairs would be completed between 18 and 20 December 2023 which included the replacement of the bathroom flooring
    4. provided a timeline of repairs for the WC from November 2021 to March 2023, and acknowledged that several contractors had completed emergency appointments, but had failed to provide any follow-on work to rectify the repair in full
    5. confirmed it had paid the resident £875 for the flooring downstairs, £35 for the damaged light, and would contribute £2121.11 towards the replacement of the damaged carpet (increased to £2314.20 on 22 November 2023 after new quotes were received following revised measurements)
    6. advised it had used its findings to improve the service it provides, which included working closely with contractors to make improvements, putting additional contractors in place and expanding the property services team to help improve communication regarding repairs
    7. offered £1000 for the delays in repairs, £200 for the delay in the complaint response, £600 for the poor communication and inconvenience caused
  10. The resident referred her complaint to us on 2 January 2024. She said:
    1. the landlord had put a shower in, but she had ongoing concerns about the damp and mould
    2. the landlord had not arranged for the painting work to be done
    3. the complaint was raised 2 years ago, she was still living in a mess, and it was affecting her mental health
  11. As a resolution, the resident wanted more compensation and for the work to be completed to a satisfactory standard and in a timely manner.

Assessment and findings

Scope of investigation

  1. The resident has referred to the impact the situation has had on the health of her and her family. Although we can consider the impact the situation has had on the resident and whether the landlord acted reasonably, we cannot determine liability for damage to health. This is a matter better suited to an insurance claim or court. Any compensation offer will be assessed in line with our remedies guidance. If the resident wishes to pursue these matters further, she should seek legal advice.
  2. We expect a resident to raise a complaint to a landlord within a reasonable period which would normally be within 12 months of the matters arising. As there is no evidence of a complaint being made prior to the complaint above, it is reasonable to focus on events from June 2021 to 20 November 2023, the date of the final complaint response.
  3. The resident has told us the landlord has completed the outstanding repairs, however she is unhappy with the standard of some of the work. We have explained to the resident we are unable to investigate events that occurred after the final complaint response, therefore the resident may wish to raise a new complaint with the landlord and ask for these issues to be investigated.

Report of repairs in the kitchen, bathroom, and toilet (WC) and associated damp and mould

  1. The landlord’s Repair Policy states it is responsible for extractor fans, bathroom fixtures and fittings, leaks, showers, shower screens, internal blockages to toilet, wall tiling in the bathroom, condensation, damp and mould (including the cleaning of affected areas, clearing air vents and installing extractor fans as needed). In terms of timescales, the landlord will:
    1. attend emergency repairs within 4 hours to make safe
    2. complete urgent repairs within a maximum of 7 calendar days
    3. complete routine repairs within a maximum of 28 calendar days
  2. The landlord’s Compensation Policy states it will consider losses incurred by a resident which would not have been necessary if maladministration had not occurred. It will also consider distress, inconvenience and the time and trouble for any resident pursuing a complaint. Compensation is based on the following:
    1. £50 to £100 for a service failure resulting in some impact on the complainant but was of short duration and may not have significantly affected the overall outcome for the complainant
    2. £100 to £600 for a considerable service failure or maladministration, but where there may be no permanent impact on the complainant
    3. £600 and above for maladministration or severe maladministration that has had a severe long-term impact on the complainant
  3. In terms of the bathroom, on 9 June 2021 the resident reported a shower leak with water going under the tiles and bath. She also reported the WC not working. There is no evidence to confirm if the landlord responded. This is a record keeping failure. On 18 June 2021 the resident reported the leak as being uncontainable and a contractor attended the same day to complete a repair which stopped the leak. This was appropriate and in line with policy. As the landlord was aware of how the water had affected the bathroom, it would have been helpful if it had investigated this further to establish if any remedial work was needed. There is no evidence it did this. This was unreasonable as the landlord did not consider the impact of the leak on the property or the resident.
  4. On 2 November 2021 the resident reported a blockage to the WC. The landlord responded as an emergency and cleared the blockage, but further reports were made on 7 February 2022, 5 October 2022, 1 November 2022, and 2 and 15 March 2023. The reports were attended to as emergencies, but there is no evidence of any follow up work or feedback to confirm the cause of the blockages or how these could be prevented. This was unreasonable.
  5. Following a further report of a shower leak on 4 May 2022, a contractor attended and found water had gone through into the kitchen and living room. It confirmed water had soaked the floor under the bath and caused “many tiles to come loose from the wall.” The contractor was assigned the repairs which included installing aqua panels. However, on 10 June 2022 the resident told the landlord the contractor said it could not do the work as the contract was coming to an end. This was unreasonable. It was evident from the resident’s contact she was concerned about the mould forming in the bathroom and the health of the family. It demonstrated poor repair and contract management by the landlord and led to further delay and inconvenience for the resident.
  6. The landlord inspected the bathroom on 14 June 2022 and asked a contractor to remove the loose tiles, seal the wall and retile the area by 8 July 2022. The contractor attended on 20 June 2022, but the resident said she had not been told the appointment and had missed the visit. This was a communication failure. On 28 July 2022 the resident told the landlord the bathroom tiles had come off the walls, water was going through the property, and there was thick mould. There is no evidence of any action or communication with the resident at the time. This was not appropriate as the landlord failed in its repair obligations and communication to the resident.
  7. On 15 September 2022, 9 months after the first leak and signs of damp and mould were reported, the bathroom was treated and painted with anti–mould treatment. It would have been helpful if the landlord inspected the property downstairs for any damage caused by the leaks and to plan any work required to prevent issues worsening. There is no evidence it did this. This was unreasonable.
  8. The aqua panels were installed on 21 October 2022, but on 22 October 2022 the resident reported a further shower leak. A contractor stopped the leak the same day but returned on 27 October 2022 when the shower, aqua panels and all connected fixtures and fittings were removed, renewed, and refitted to stop the leak. This was appropriate action by the landlord in an appropriate timescale, however it is likely to have caused more distress, disturbance, and inconvenience for the resident.
  9. The landlord’s records state on 16 December 2022, the bathroom was cleaned with mould spray and painted with anti–mould paint, while the living room and kitchen had oil based anti-stain paint applied. While this was reasonable, there is no evidence the landlord had planned this work until prompted by the complaint.
  10. On 16 January 2023 with the complaint still active, the resident told the landlord mould had developed in her son’s bedroom. She said the loft was wet and asked for it to be looked at as soon as possible stating “we can’t live like this anymore.” The landlord’s records confirm a loft inspection was arranged for 22 February 2023, however on the appointment date the contractor changed it to 20 March 2023. While this may have been necessary, the resident was inconvenienced by the late change, and it meant it was 18 working days outside of its timescale for a routine repair. This was not appropriate. The landlord’s records show a completion date of 20 March 2023 but there is no evidence of what action was taken. This is a record keeping failure by the landlord.
  11. On 25 January 2023 the resident told the landlord the damp and mould was developing at a quicker rate. The landlord arranged for a damp and mould survey to be completed on 15 February 2023. This was reasonable however on 6 February 2023 the resident told the landlord the second bedroom was now affected. She asked the landlord to remove the mould, treat the ceilings and then paint them. She confirmed she had still not received any communication about the painting of the ceilings. This was a further communication failure.
  12. On 15 February 2023 the Surveyor did not gain access to complete the damp and mould survey, however the resident confirmed she was at home at the time. The survey was completed on 13 March 2023 however we have not been provided with a copy of the report. We are therefore unable to assess if the landlord fulfilled its repair obligations in a timely manner and in line with its policy. This was unreasonable and a record keeping failure.
  13. On 22 February 2023 the resident told the landlord a contractor attended to treat the bathroom ceiling, however its management team pulled it from the job as it had not done the initial work. The resident was clearly frustrated and inconvenienced by the situation. There is no evidence of a response from the landlord. This was unreasonable. It demonstrated poor communication and repair and contract management by the landlord.
  14. On 15 March 2023 the resident told the landlord the WC had overflowed, and water had leaked through the ceiling, damaged her carpet, and bathroom flooring. A contractor attended on 27 March 2023 when it fitted a new valve to resolve the problem. While it is noted the resident had turned the WC off, the time to respond to this repair was not in line with policy for an urgent repair.
  15. In the landlord’s stage 1 complaint response on 6 April 2023, the landlord confirmed a damp and mould survey was completed on 13 March 2023 but noted the resident was not happy with the response. It also confirmed a loft inspection had been scheduled for 20 March 2023. The landlord confirmed it was escalating the case as it wanted the cause of the damp and mould investigating and any work arranged. It confirmed it would complete any re-decoration as a gesture of goodwill due to the time taken to respond.
  16. The landlord did not provide the resident with the findings of either inspection, confirmation of any remedial action required, or a timeline for any work to be completed. Furthermore, it did not commit to monitoring the outstanding repairs through to completion. Considering the time taken to respond to the resident, this was unreasonable and is unlikely to have provided the resident with any reassurance that the work would be completed in a timely manner.
  17. In the resident’s complaint escalation on 6 April 2023, she told the landlord her downstairs and 2 upstairs carpets were ruined, there was still mould in the bathroom, and the landlord had refused to paint the kitchen doorframes. The resident chased the landlord for updates throughout May and June 2023 when she re-iterated her concerns about the living conditions. On 23 June 2023 she told the landlord she had scraped the mould off herself. On the same day, the landlord confirmed it would pay for new flooring and asked her to confirm if all the repairs had been done and the damp dealt with. While this is noted, the landlord should have an effective monitoring process in place which should confirm the status of the work.
  18. On 5 July 2023 the resident confirmed all the mould wash and treatment had peeled off and needed doing again. She said the living room ceiling, bathroom walls and ceiling and door frame need decorating as the paint was peeling and cracking. The landlord arranged an inspection for 1 August 2023 after the resident returned from holiday. This was reasonable, however on 2 August 2023 the resident confirmed no one attended. With no evidence of a response, the resident spent more time and effort contacting the landlord on 15 August 2023 for an update. The landlord apologised and confirmed it would be discussing the case with management the following day, then it would confirm the appointment dates for the repairs.
  19. The landlord completed an inspection on 23 August 2023. The report confirmed there was extensive damage to various areas of the property because of the leaks from the shower and WC. The report recommended the following actions:
    1. supply dehumidifiers
    2. lift all floor coverings and allow sufficient drying of the floors, adjust damaged areas of floorboards and refit all coverings previously removed
    3. remove all previously fitted waterproof boarding to walls in the shower, allow the walls to dry out, and later fit tiles to the wall of the shower
    4. carry out decorations to all surfaces previously damaged by water, to include ceiling, walls, and timberworks but not limited to these areas.
  20. On 7 September 2023 the landlord apologised for the delay in providing an update. It said a contractor would be contacting her about the work identified and to arrange a visit to look at what was needed and to drop off dehumidifiers. The resident confirmed the contractor had contacted her that day.
  21. On 4 October 2023 with no evidence of any progress, the resident called the contractor directly. It asked the landlord to call the resident to confirm the repairs had been raised and when they would be done. The resident continued to chase the landlord for updates throughout October 2023. This was unreasonable as the landlord failed to the keep the resident updated. On 31 October 2023, the landlord told the resident it was aiming to respond by 21 November 2023 as it needed authorisation to install a shower screen.
  22. On 2 November 2023 the landlord asked the resident to obtain quotes for the damaged carpets and confirmed it would be painting the kitchen, bathroom, living room ceilings and the door and frame in the kitchen. This was reasonable however it took too long to confirm this to the resident. On 15 November 2023 the resident told the landlord the mould was starting to form again in the bathroom and on the ceiling and in the loft. On 17 November 2023 the landlord confirmed the work in the bathroom would be completed between 18 and 20 December 2023.
  23. In the landlord’s final complaint response on 20 November 2023, it confirmed the issues raised in the complaint and its stage 1 response. In response to the bathroom, it acknowledged the length of time it had been ongoing and that despite the visits and surveys, the repairs had not been actioned accordingly and had caused delays. It confirmed the dates for the outstanding repairs, but did not commit to monitoring the work through to completion. This was unreasonable and would not have reassured the resident. Subsequently, the damp and mould repairs were not completed until 28 March 2024 (21 months from the initial report), the bathroom on 30 August 2024 (3 years from the initial report) and the kitchen on 31 January 2025 (33 months from the initial report) This was not appropriate as it was not line with policy.
  24. In relation to the WC issues, the landlord provided a timeline of the repairs. Its investigation confirmed contractors had attended to the reports in a timely manner, however no follow-on work was ever been raised. This meant the root cause had not been established and no remedial work requested to prevent a recurrence.
  25. In acknowledgement of the service failures the landlord offered £1000 for the delays in the repairs and £600 for the poor communication and inconvenience to the resident. This was in line with the landlord’s Compensation Policy for maladministration or severe maladministration where there has been a severe long-term impact on the resident. Additionally, it confirmed the learning taken from the case which included working with its contractors, employing additional contractors and expanding its property service team to improve communication. This demonstrated the landlord had followed our Dispute Resolution Principles of being fair, putting it right and learning from outcomes.
  26. Considering the above, we find reasonable redress. This is because the landlord has acknowledged and apologised for the service provided, made attempts to put it right and has demonstrated learning. Furthermore, the compensation offered is in line with our remedies guidance for a finding of severe maladministration where there have repeated failures which had a serious impact on the resident over a long period of time.

Associated complaint

  1. The landlord’s Complaint Policy states it would acknowledge complaints within 2–working days. It would provide a stage 1 response within 10-working days and stage 2 complaints within 20-working days. The policy states any extensions should not exceed a further 10-working days.
  2. Our Complaint Handling Code (the Code) states landlords should:
    1. acknowledge, define, and log stage 1 and 2 complaints within 5-working days of receipt
    2. issue a full response to stage 1 complaints within 10-working days of the acknowledgement, and within 20-working days of a stage 2 complaint escalation request
    3. decide whether an extension to these timescales is needed and inform the resident of the expected timescale for response. Any extension must be no more than 10-working days for stage 1 complaints (20 working days for stage 2 complaints) without good reason, and the reason(s) must be clearly explained to the resident
    4. provide the resident with a response when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed. Outstanding actions must still be tracked and actioned promptly with appropriate updates provided to the resident.
  3. The resident submitted a complaint on 14 November 2022. The landlord acknowledged it on 28 November 2022 and confirmed it would respond by 23 December 2022. This was not appropriate as it was not in line with the policy or the Code.
  4. The resident contacted the landlord for an update on the complaint on 17 January 2023. The landlord sent an extension letter in which it apologised for the delay, confirmed the investigation would start that day, and it aimed to respond by 3 February 2023. While it was appropriate to advise the resident of the extension, on 2 February 2023 the landlord left a voicemail for the resident. It told her it was waiting for information and asked if it could extend the deadline to 16 February 2023.
  5. The resident agreed to the extension, but on 16 February 2023 the landlord extended the deadline for the third time advising the resident it was still waiting for information. It thanked the resident for allowing the extensions and acknowledged the stress and effect on her health. The landlord’s communication is acknowledged however the delays were not appropriate and not in line with the policy or the Code. This was a complaint handling failure by the landlord.
  6. The landlord provided its stage 1 complaint response on 6 April 2023, 100 days after receipt. It confirmed the complaint and the impact on the resident’s mental health. Despite the time taken to respond, the landlord’s response lacked detail. It did not confirm the reason for the delay, did not provide dates for any work, did not identify any learning, and failed to provide the resident with reassurance that the outstanding work would be completed. This was unreasonable.
  7. The resident escalated her complaint on 6 April 2023 and the landlord acknowledged receipt on 24 April 2023. This was not appropriate as it was not in line with policy. The resident had to spend time and effort chasing the landlord throughout May and June 2025 due a lack of response or update. This was unreasonable as the landlord is expected to keep the resident updated.
  8. On 31 October 2023 the landlord sent the resident an extension letter. This was not appropriate as it was not in line with the policy or the Code. The landlord apologised for the delay and advised there was a new case handler. It stated it must conduct a full investigation, and it was waiting for authorisation to install a new shower screen. It confirmed it aimed to respond by 21 November 2023. This was not appropriate as it was not in line with the Code.
  9. The landlord provided its final complaint response on 20 November 2023, 158 working days after receipt. This was not appropriate as it was not in line with the policy or the Code. The landlord apologised for the delay, but did not confirm the reason for this. It demonstrated a thorough investigation into the issues raised and provided dates for the outstanding work. It did not however commit to monitoring this through to completion. This was unreasonable. The landlord offered a total of £275 for the complaint handling across both complaints. This was in line with the landlord’s Compensation Policy.
  10. Considering the above, we find service failure in relation to the landlord’s response to the resident’s associated complaint. The landlord did not comply with its policy or the Code, but it recognised the delay and impact on the resident in its offer of compensation. The compensation was in line with our remedies guidance for a finding of maladministration where there was an adverse effect on the resident, albeit not permanent, and the landlord has attempted to put this right. However, while no further compensation has been ordered, due to the lack of learning regarding the landlord’s complaint handling, a finding of service failure is appropriate.

Determination

  1. In accordance with paragraph 53.b of the Scheme, the Ombudsman finds reasonable redress in relation to the landlord’s response to the resident’s report of repairs in the kitchen, bathroom and toilet and associated damp and mould.
  2. In accordance with paragraph 52 of the Scheme, the Ombudsman finds service failure in relation to the landlord’s response to the resident’s associated complaint.

Orders

  1. Within 4 weeks of the date of this report the landlord must provide us with evidence to confirm it has:
    1. written a letter of apology to the resident for the failures highlighted in this report
    2. paid the resident £275 offered across both the stage 1 and final complaint responses for the delays in complaint responses
    3. reviewed the complaint handling for this case and identified the learning that can be taken to prevent a recurrence of the failures identified to ensure it complies with its policy timescales in future cases

Recommendations

  1. If it has not already done so, the landlord should pay the resident the £1600 that was offered in the final complaint response. The Ombudsman’s finding of reasonable redress for the landlord’s response to reports of repairs in the kitchen, bathroom and toilet and associated damp and mould is made on the basis this compensation is paid.
  2. The landlord should contact the resident regarding the replacement of the utility flooring as per its final complaint response.