Onward Homes Limited (202220621)

REPORT

COMPLAINT 202220621

Onward Homes Limited

22 December 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. This complaint is about the landlord’s handling of damp and associated repairs within the property.

Background

2. The resident is an assured shorthold tenant of a mid-terraced house. The landlord is a housing association. The landlord’s records do not show that the resident has any known vulnerabilities.
3. The resident told the landlord that there was damp in the property in September 2020. The landlord checked the property on 26 April 2021 and arranged for plastering works to be done within 60 days.
4. Four appointments for plastering were booked between 28 May 2021 and 28 November 2021, then cancelled by the landlord. The landlord visited the property twice in November 2021, but could not do the plastering because other repairs were needed first. The plastering work was completed on 17 August 2022.
5. The landlord booked appointments in September 2021 and December 2021 to clear the gutters and repoint the wall. These appointments were changed, without a reason being given to the resident. The gutters were cleared and fixed on 7 January 2022.
6. On 1 December 2021, the resident raised a formal complaint regarding the landlord’s handling of damp within the property and the associated repairs.
7. The landlord provided a stage 1 response on 13 December 2023, in which it upheld the complaint. It set out:
   1. The key events which took place between 8 October 2020 and 9 December 2021.
   2. It acknowledged that its delays relating to the associated repairs were unacceptable and it failed to keep the resident informed or updated.
   3. It apologised for the poor service it delivered, and the distress and upset that had been caused to the resident.
   4. It offered £250 in compensation for the delay relating to the associated repairs and the poor service it delivered.
8. The landlord made appointments in January 2022 and February 2022 for repointing work to the exterior of the property. However, the work could not be completed due to the wet weather conditions. Two further appointments were booked in April 2022 and cancelled. Some, but not all, of the repointing work was completed between 13 June 2022 and 17 July 2023.
9. The resident requested to escalate the complaint to stage 2 of the landlord’s complaint process on 5 December 2022. The landlord acknowledged this request on 16 December 2022. It provided its stage 2 response on 19 January 2023 and upheld the complaint. Its response can be summarised as follows:
   1. The damp was worsened by a missing gutter to a neighbouring property which is not owned by the landlord.
   2. It was working with the resident’s neighbour to fix their gutter as quickly as possible.
   3. The pointing and plastering works had been completed.
   4. Following an inspection of the property, the moisture readings had been identified as low, which confirmed that there was no damp remaining in the property.
   5. It would refit the electrical sockets and radiator as soon as possible.
   6. It apologised for the multiple delays during the repair process and acknowledged the considerable distress and inconvenience this caused to the resident.
   7. It admitted that its communications with the resident should have been much better.
   8. It increased its offer of compensation from £250 to £600 due to the multiple delays during the repairs process.
10. The resident referred her complaint to the Ombudsman on 21 February 2023 as the associated repairs outlined in the landlord’s stage 2 complaint response had not been completed. The resident explained:
    1. The landlord missed another appointment arranged for 13 February 2023 to refit the radiator.
    2. She had to take another day off work to be available for the appointment and was at risk of losing her job.
    3. On 20 February 2023, the landlord offered her a further £50 in compensation for the missed appointment and rebooked the missed appointment for 21 February 2023.
    4. The landlord informed her that it was no longer attending the appointment scheduled for 21 February 2023 on the same day.
    5. The landlord tried to rebook the missed appointment for 23 February 2023, but she could not take any more time off work.
11. Evidence was provided to show that the radiator and electrical sockets were refitted on 21 February 2023 and repointing works to the exterior rear wall was completed on 7 November 2023.

Assessment and findings

Scope of investigation

12. Paragraph 42(a) of the Housing Ombudsman Scheme states:

“The Ombudsman may not consider complaints which, in the Ombudsman’s opinion: a. are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale;”

13. The Ombudsman will not make findings about the landlord’s handling of cold drafts within the property. This is because the landlord said that the resident did not mention the cold drafts when she complained about the damp. So, it did not look into the cold drafts within the formal complaint. As such, this aspect of the complaint has not exhausted the landlord’s complaint process. Therefore, it is not within the scope of this investigation, under paragraph 42(a) of the Scheme.

The landlord’s handling of damp and associated repairs within the property.

14. Following the reports of damp in the property, the landlord did not inspect until 7 months later. That was not appropriate. In total, it took the landlord 2 years and 9 months to resolve the damp within the property and the associated repairs.
15. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. The Housing Health and Safety Rating System under the Housing Act 2004 specifies damp and mould as a risk. There is no evidence the landlord assessed whether the property was habitable under ss.9A and 10 of the Landlord and Tenant Act 1985
16. The landlord’s website says that it will complete complicated repairs within 90 days. It also says that damps get worse if left untreated.
17. The landlord stated that other works in a neighbouring property had to be completed. Nevertheless, the Ombudsman found that the landlord did not act quickly enough when the resident told it about damp in the property. It had already fallen far outside of its 90-day target for completing repairs before the landlord checked the property. This was wholly inappropriate and indicates poor repair handling.
18. The landlord failed to identify the associated works needed when it checked the property on 26 April 2021 and raised a repair for plastering works. This caused two wasted appointments in November 2021. The landlord came to the property but could not do the plastering because other repairs had to be done first. This was inappropriate and indicates poor planning and is further evidence of poor repair handling by the landlord.
19. The Ombudsman identified at least 18 appointments which were booked and then cancelled or missed by the landlord during the repairs process. Out of the 18 appointments which were booked, 9 appointments were cancelled without a clear reason being provided for its cancellation. A further 4 appointments were cancelled for a poor reason, such as being booked in error. On two occasions the resident was not notified of the cancellation. This caused severe and unnecessary inconvenience to the resident whilst the property was affected by damp and mould. This was wholly inappropriate and indicates poor planning by the landlord and poor communication with the resident throughout the repair process.
20. In the Ombudsman’s opinion, the landlord did not deal with the damp in the property appropriately. The landlord should have checked the property within 20 days of the resident’s original report of damp within the property. This would be in accordance with its target response time for repairs that can be completed in one visit.
21. Upon inspection of the property, the landlord should have checked if it could have fixed the damp in one visit or if extra visits were needed. If further visits were needed, the landlord should have set out all parts of the repair which must be done at the earliest opportunity, including further checks and associated works. Then the landlord should have completed the work in the right order, for example, initial checks should be done before the repairs. This would have minimised the inconvenience caused to the resident and helped the landlord to complete the repair within its 90-day target timescale.

Determination

22. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of damp and associated repairs within the property.

Orders

23. The Ombudsman orders that the landlord must, no later than 31 January 2024:
    1. pay the resident £1,200 compensation in addition to that offered during the complaint procedure.

The compensation must be paid directly to the resident and not offset against any rent arrears, if any.

2. provide evidence to this Service of the compensation which has been paid.

Recommendations

24. The Ombudsman recommends that the landlord:
    1. Inspects the resident’s property following her report of cold drafts within the property. The resident has reported cold drafts in the property multiple times between 2 December 2021 and 13 February 2023. The landlord is aware that the resident has requested a door to be installed downstairs to stop the draft. However, it stated that a door would not be installed as it’s the entrance to the stairs. No evidence has been provided to show that the landlord has investigated the draft in the property and clearly explained to the resident the options which are available. This action should be taken to respond to the resident’s report appropriately.
    2. Consider allowing the resident to install a key safe for the landlord to complete the outstanding works – so that her work is not affected.
    3. The landlord has a data retention policy of two years. However, it is recommended that it reviews this and retains tenancy information for as long as the tenancy lasts plus six-years in line with the NHF’s guidance: National Housing Federation – Document retention and disposal for housing associations