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Amplius Living (202336277)

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REPORT

COMPLAINT 202336277

Amplius Living

20 March 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 handling of the residents:
    1. Bathroom repairs.
    2. Reports of cracks throughout the property.
    3. Complaint.
  2. We have also considered the landlord’s record keeping.

Background

  1. The resident is an assured tenant of the landlord, a housing association. She lives in a one-bedroom house. The resident has vulnerabilities related to mental health and fibromyalgia.
  2. This investigation addresses two complaints that the landlord has responded to separately in its complaint process. The background and assessment have summarised these in subheadings for easier reading.

Bathroom repairs

  1. Between 4 May and 7 August 2023, the resident reported a lump and bubbling in her bathroom vinyl flooring and noted a strange smell. The landlord did not identify a leak and asked the resident to monitor the situation.
  2. On 2 October 2023 the resident sent photographs to the landlord of the damp she reported in her bathroom and said the bathroom door would not close.
  3. Between November 2023 and January 2024, the landlord scoped the repairs which included:
    1. renewing/repair of the bathroom door frame
    2. repairing skirting boards
    3. repairing an intermittent leak to the bath
    4. overhauling wash-hand basin
    5. repairing valve on the soil stack
    6. re-grouting tiles.
  4. The works commenced on 26 February 2024, and the resident complained on 7 March 2024 because she was unhappy with the repairs, which she said had highlighted other issues, including damp. She said the landlord was doing the ‘bare minimum.’
  5. The landlord responded at stage 1 of its complaints process on 7 May 2024, and said:
    1. following the surveyor’s inspection on 7 March 2024, outstanding repairs would be completed within 28 days
    2. it acknowledged delays in handling the repairs and the lack of communication around the works and apologised for the impact this had
    3. it also apologised that the resident had to wait longer than she should for a complaint response and said it was working hard to expand its team to provide a better service
    4. it offered £150 compensation, £50 for the delay in responding to the complaint, and £100 for the distress and inconvenience caused by the delays in completing the repairs
  6. On 8 May 2024 the resident remained dissatisfied with the response, requested an escalation, and asked for compensation to reflect the distress and inconvenience she reported.
  7. The resident was temporarily moved from the property on 16 June 2024 so that the landlord could complete the bathroom works (in addition to other repairs).
  8. The landlord sent a stage 2 response on 12 June 2024, which said that:
    1. because the resident would have been without access to a bathroom while repairs were completed, she was temporarily moved
    2. during the repairs, the repair surveyor would attend daily to oversee the works
    3. it acknowledged that it had got things wrong and internal delays meant that it had taken longer to raise repairs and confirmed it was reviewing its internal process to minimise this reoccurring
    4. it apologised and offered £450 compensation, broken down as:
      1. £150 for the further delays to the bathroom repairs
      2. £100 for the loss of enjoyment of your home because of the delays
      3. £200 for the impact caused
      4. This was in addition to the £150 offered at stage 1
    5. it would contact the resident after 21 June 2024 to ensure the repairs were completed and signed off
  9. On 19 August 2024, the landlord provided a further update on the stage 2 response. It stated that it needed to schedule outstanding repairs and had tried to make appointments, but the resident declined. The landlord encouraged the resident to make contact if she wanted the issues addressed and offered an additional £300 for the delays and the impact they had caused.
  10. The resident asked us to investigate her complaint, as she was unhappy with the time it had taken to complete the bathroom repairs and the impact this had on her.

Reports of cracks

  1. The records indicate that a structural survey team assessed the resident’s property in 2022. The survey revealed thermal movement at the wall plate or slight roof lift due to high wind. If the cracking continued, it recommended adding restraint straps.
  2. On 23 January 2023 the resident called the landlord about large cracks in her property. The landlord raised an inspection with a surveyor.
  3. A structural engineer attended on 28 February 2023 and confirmed in an email to the landlord on 6 March 2023 that it had two options:
    1. to monitor the cracks
    2. to install restraint staps as per the 2022 structural report
  4. A surveyor visited on 7 July 2023 and found no signs of structural issues with the building. The resident disagreed and wanted a second opinion since another surveyor had suggested adding straps to support the roof. The surveyor explained that such repairs would only be considered if there were obvious signs of ongoing structural movement.
  5. The landlord issued a stage 1 response on 19 July 2023. It confirmed that the surveyor concluded there were no structural concerns, only some minor settlement and differential cracks consistent with the construction type and age of the property, and that no further action was required. It apologised for the delay in the complaint investigation and offered £250.
  6. The resident expressed dissatisfaction with the response and requested a review of her complaint the same day. She asked for a further structural survey, as she had previously been told the only solution to prevent the cracking was to install roof restraints.
  7. On 20 March 2024 the landlord provided a stage 2 response, which included the following points:
    1. it had scheduled works to install the restraint straps in November 2023 which was delayed because of reports of the resident’s behaviour
    2. the work was completed on 7 March 2024
    3. its stage 1 response confirmed the cracks were not structural based on the findings from the July 2023 report but acknowledged that it failed to identify a defect in the roof and apologised
    4. there was a significant delay in resolving the complaint and the lack of communication from the complaints team
    5. it apologised and offered a total of £850 in compensation, which included:
      1. £150 for the delay in the stage 2 response
      2. £100 for the poor communication throughout the process
      3. £200 for the delay in completing the work
      4. £400 for the distress and inconvenience caused
  8. The resident remained unhappy and asked us to investigate the landlord’s handling of the cracks, as she felt that the property was not structurally safe.

Assessment and findings

Scope of investigation

  1. The resident has raised concerns about the property’s structure since 2021. Our investigations can be time-limited in relation to when a complaint was brought to the landlord’s attention. This assessment is, therefore, focused on events from January 2023 onwards. This is the date the resident reported and complained about further cracks, up until August 2023, the date of the landlord’s final response to the complaint.
  2. The resident has stated that the landlord’s handling of the cracks and bathroom repairs worsened her mental and physical health. We have considered how the landlord has responded and the distress and inconvenience the resident said she experienced. However, the courts are better suited to consider a health-related claim. The resident should seek independent advice if she believes the landlord’s actions have affected her health.

Record keeping

  1. The landlord has not provided the following records:
    1. comprehensive records of all repairs related to the complaint, including dates, descriptions of the work done
    2. detailed inspection reports that contain sufficient information to create an accurate timeline of events. This timeline should include:
      1. the exact date when the bathroom leak was first identified and any subsequent assessments or actions taken to address the issue
      2. a clear explanation of why the landlord altered its position regarding installing the roof restraint straps, including any relevant communications or decision-making processes that led to this change
  2. Our Spotlight report on repair complaints emphasises the importance of landlords maintaining clear and accurate records. Our Spotlight report on Knowledge and Information Management (KIM) indicates that inadequate record keeping can lead landlords to overlook critical issues, respond slowly, and face communication challenges.
  3. Our assessment has identified record keeping failings, which have been highlighted in the assessment of the substantive issues. As a result of these failings, we have found maladministration in the landlord’s record keeping. An order has been made below for the landlord to improve its record keeping practices.

Bathroom repairs

  1. In May 2023 the resident reported a lump in her bathroom floor. A contractor attended the same day, which was a prompt response. However, the inspection notes are limited, only indicating that the toilet was checked for a leak, and does not evidence a more thorough assessment to rule out all potential causes.
  2. The landlord’s repairs policy requires it to diagnose and address the root cause of reported issues. Therefore, a detailed inspection should have been carried out, which could have prevented some of the delays that followed.
  3. Over the next couple of months, the resident continued to report various issues, including but not limited to bathroom repairs. The landlord acknowledged that it would be beneficial to assess all the necessary repairs and scheduled an inspection of the property for 7 June 2023. However, this inspection was not completed because the resident was unhappy that a Housing Officer accompanied the surveyor. The landlord’s records indicate that 2-person visits were required, making it reasonable for the landlord to attend in pairs.
  4. The inspection was completed in August 2023. Without repair records, we have no evidence that any repairs occurred between May and August 2023. The operative notes provide limited details about the findings, focusing primarily on the fact that the resident installed her own flooring rather than addressing the underlying cause of the bubbling.
  5. In October 2023, the resident reported worsening conditions in the bathroom, including a damp smell and a swollen door frame. However, the landlord took 30 days to respond. According to the landlord’s damp and mould policy, all cases should be inspected within 28 calendar days, with a quicker response time for more severe issues. The landlord did not adhere to this timeframe, and it is unclear how they assessed the urgency of its response.
  6. Additionally, there is no evidence of whether the landlord assessed the damp and mould at this point. The earliest indication that a moisture survey was completed was in May 2024, 7 months later. Although the photographic evidence does not seem to highlight the damp and mould being a significant issue, it is understandable why the resident was concerned about the presence of damp and mould, and the landlord did not do enough to adequately address her concerns promptly or in line with its policy.
  7. It was reasonable for the landlord to request an urgent repair to adjust the bathroom door on 17 November 2023. This was after the resident said it was ‘humiliating’ not being able to close the door to use her toilet. The repair was not completed due to the operative reporting that the resident was aggressive and disagreed with the work he had requested. This caused additional delays as the operative refused to return.
  8. The landlord provided the resident with a list of repairs it would complete in November 2023 and again in January 2024. Additional work was included in the scope outlined in January 2024. However, it is unclear from the evidence whether this was due to a further inspection that identified additional repairs or if there was an oversight in capturing the complete scope of work during the November 2023 inspection.
  9. The bathroom repairs included:
    • replacing or repairing the bathroom door frame to ensure it closed properly
    • renewing damaged skirting boards
    • fixing a leak near the bath
    • overhauling the wash-hand basin and extractor fan
    • removing the mould
    • repairing a valve on the soil stack
  10. Work started on 26 February 2024, after the landlord had attempted to contact the resident to arrange the works. The resident had asked to be temporarily relocated during the repairs. The landlord considered this request and decided to arrange alternative accommodation, despite it not being required after the landlord’s assessment of the repairs. However, the resident later changed her mind and chose to stay at the property, stating that she felt ‘safer’ there.
  11. While the repairs were being completed, the resident reported that there was black mould in the bathroom. A surveyor attended on 7 March 2024 who confirmed that the repairs completed had not addressed the root cause of the problem, which was believed to be because of the bath installation. It is unclear why this was not identified at earlier inspections which caused further delays and more repairs being identified which included:
    • removing the bath panel and checking moisture levels behind
    • replacing bathroom door and frame
    • replacing the vinyl flooring
  12. There were further delays because of the additional repairs identified after the bath panel had been removed which meant the resident would be without the use of her bathroom for 5 days. The landlord was also trying to coordinate the bathroom repairs with other repairs to minimise the disruption for the resident. The resident was temporarily moved in June 2024.
  13. In its stage 2 response on 12 June 2024, the landlord confirmed that:
    1. a mould specialist inspected the property on 21 May 2024 and found moisture levels were acceptable
    2. after removing the bath panel, it became evident that the resident would not have a functioning bathroom for 5 days, necessitating a temporary relocation
    3. a repair surveyor would oversee the works daily
  14. The keys were returned to the resident on 21 June 2024, but the landlord advised her that it had some remedial work to complete.
  15. In its stage 2 response, the landlord acknowledged delays in identifying and resolving the issues. To compensate for the delays, the loss of enjoyment of the home, and the distress caused, the landlord offered £450 in addition to the £150 offered at stage 1 of its complaints process, bringing the total compensation to £600.
  16. In August 2024 the landlord provided a further update, stating that some works remained incomplete. Despite this, the resident declined the appointment to finish the final repairs. Acknowledging the additional delays, the landlord offered a further £300, increasing the overall total to £900. However, the resident declined the appointment to complete the final repairs.
  17. We have found failings in the landlord’s handling of the bathroom repairs, which it did not acknowledge, including:
    1. failing to thoroughly investigate the causes of the problems from the start resulted in prolonged distress and worsening conditions
    2. the lack of provision for repair records and inspection reports led to an unclear timeline of what was found and what repairs were completed 
    3. the disruption caused by repeated visits, inspections, and temporary relocations could have been avoided with better repair management from the beginning
    4. the identification of a leak only after the bath panel was removed in February 2024, 9 months after the issue was initially reported
    5. the lack of prompt response or evidence of assessing the risks following the damp reports, despite it being a policy requirement in its damp, mould and condensation policy
    6. the failure to demonstrate any lessons learned and improvements it had taken or would take to provide a better service
  18. Therefore, we have found maladministration in the landlord’s handling of the bathroom repairs by repeatedly failing to detect a leak, which impacted the resident for over 13 months.
  19. The compensation offered aligns with our remedies guidance for significant failings that affected the resident. Therefore, we have not ordered additional compensation and considered that the landlord was not solely responsible for the delays. However, we have ordered the landlord to review its handling of the repairs, to put things right.

Reports of cracks throughout the property

  1. A resident noticed new cracks in January 2023. After a structural survey in 2022, she was told that if any cracks appeared again, restraint straps would be needed.
  2. The landlord’s instruction to conduct a further survey in February 2023 to reassess the cracks was reasonable. The surveyor confirmed that the landlord could continue to monitor the situation or install the restraint straps as previously suggested in the structural report from 2022.
  3. There is insufficient evidence to determine what transpired between the inspection in February 2023 and the follow-up structural inspection in July 2023.
  4. During this time, the resident consistently voiced her concerns regarding the ongoing cracking noises above her bed, which she stated worsened her sleep disorder and caused her significant distress and anxiety. Despite her repeated requests for action, the situation remained unresolved.
  5. The structural surveyor’s July 2023 inspection revealed minor, superficial cracks in the bedroom ceiling and staircase. The cracks were not excessive, and the surveyor assessed that they were due to differential movement or settlement, a common occurrence in buildings of this age and design.
  6. The landlord relied on the expert opinion of the surveyor, who had the qualifications and experience to assess these issues. As outlined in the landlord’s stage 1 response, the surveyor’s opinion supported and validated the landlord’s decision to take no further action.
  7. The resident requested another structural survey as part of her escalation. In its stage 1 response in July 2023, the landlord indicated that the straps were not necessary. However, by November 2023, the landlord requested that the straps be installed.
  8. The absence of comprehensive records has hindered our ability to understand the reasons behind the landlord’s change in position. Furthermore, while the stage 2 response acknowledged that a defect in the roof had been overlooked, it did not explain when this was first identified.
  9. There were delays in works between November 2023 and February 2024 because:
    1. operatives reported the resident for being abusive which delayed work
    2. the resident was seeking advice from Citizens Advice Bureau (CAB) regarding a potential disrepair claim
    3. the resident had asked to be temporarily moved but decided to stay in the property during the works
  10. Work to install the lateral straps was completed in March 2024. A surveyor assessed the works on 7 March 2024 and confirmed that no further work was required.
  11. The landlord admitted to some failures in its stage 2 response and acknowledged that its stage 1 response relied on a structural report from July 2023, which overlooked a defect in the roof. However, the landlord did not explain why this defect was missed or when it was identified, which was unreasonable.
  12. The landlord attempted to put things right by apologising for the distress and inconvenience caused and offering £850 in compensation. The compensation awarded was within our range for a long-term impact that detrimentally affected the resident.
  13. Despite these efforts, we have identified service failure in the landlord’s handling of the cracks in the property. Specifically, the landlord did not explain the change in position regarding the roof straps. Had the landlord communicated the reasoning effectively, it might have alleviated some of the resident’s concerns and confusion.
  14. Additionally, the landlord did not specify the lessons learned from this complaint, even though it acknowledged failings. We expect the landlord to detail the steps it plans to take to improve its overall service. This lack of transparency undermines efforts to rebuild trust and prevent similar issues from happening again. Therefore, we have ordered the landlord to review the identified failings and to confirm what steps have been taken or will be taken to prevent similar issues in the future.
  15. We understand that more recently, the landlord paid for the resident to have a further Royal Institution for Chartered Surveyors (RICS) survey completed to alleviate her concerns. Should any actions be identified from the survey, the landlord will be recommended to action these in a timely manner.
  16. The resident has asked to be moved as part of the resolution to the complaint. We have recommended that the landlord explain the resident’s options for moving.

Handling of the complaints

  1. The landlord’s complaints policy confirms that stage 1 complaints will receive an acknowledgement within 5 working days, with a response provided within 10 working days. For stage 2 complaints, the landlord will respond within 20 working days, which is extendable by up to 20 additional working days in exceptional cases.
  2. We have identified failings in the landlord’s complaint handling because:
    1. the resident complained about the cracks on 23 January 2023. 6 months later, on 19 July 2023, a stage 1 response was issued
    2. the resident escalated her complaint on 27 July 2023. 8 months later, on 20 March 2024, a stage 2 response was issued
    3. the landlord failed to provide timely updates or explanations for the significant delays
    4. the landlord failed to take responsibility and accountability
    5. it failed to act in accordance with its policy over a considerable period
    6. it failed to identify any learning or explain how it would improve its complaint handling in the future
  3. Our Complaint Handling Code (the Code) states that outstanding actions must still be tracked and actioned with regular updates provided to the resident. There is no evidence the landlord monitored and expedited the outstanding repairs after it issued its responses. This was inappropriate because the outstanding actions should have been overseen as part of the complaints process.
  4. Although the landlord acknowledged some of the failures identified in this investigation and the subsequent delays in repairs, neither complaint response fully addressed what went wrong, the reasons behind this, and any learning it had identified. We expect landlords to use the complaints process to ensure transparency, identify issues, and introduce positive changes in service delivery.
  5. Overall, the landlord’s handling of the resident’s complaint meant the complaints procedure was not effectively used to resolve the dispute, worsening the failings in the landlord’s handling of the substantive issues.
  6. The landlord offered a total of £400 for the delays in handling the complaint relating to the cracks: £250 at stage 1 and £150 at stage 2.
  7. This was in line with our remedies guidance. Therefore, we have not ordered additional compensation for the complaint handling. However, we have ordered the landlord to review what went wrong and what steps it has taken to improve its complaint handling.

 

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the bathroom repairs.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of the cracks.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the complaint.
  4. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s record keeping.

Orders

  1. Within 4 weeks of the date of this report, the landlord must:
    1. Apologise in writing to the resident for the failings we have identified.
    2. Pay the resident £2,150 made up of:
      1. £850 as offered by the landlord at stage 2 in March 2024 in relation to the cracks throughout the property
      2. £600 as offered by the landlord at stage 2 in June 2024 in relation to the bathroom repairs
      3. £300 as offered by the landlord in August 2024 in relation to the bathroom repairs
      4. £400 as offered by the landlord for the distress and inconvenience caused by its handling of the complaints
      5. The money should be paid directly to the resident. If any compensation has already been paid, it should be deducted from the overall amount
  2. Within 8 weeks from the report date, the landlord must:
    1. identify why the failings occurred in this case and confirm what steps it has taken or intends to take to prevent similar mistakes
    2. outline the improvements made or planned to prevent similar issues from arising, which should be documented in a report to us

Recommendations

  1. The landlord should re-offer to complete the outstanding repairs in the bathroom.
  2. The resident has confirmed that she wants to move from the property. The landlord should provide the resident with options to support her with this.
  3. Complete any repairs identified as part of the RICS survey in February 2025.
  4. The landlord should also advise us on its intentions with the above recommendations within 4 weeks.