Abri Group Limited (202233487)

A blue and grey text

Description automatically generated

REPORT

COMPLAINT 202233487

Abri Group Limited

31 July 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

The complaint is about the landlord’s handling of the resident’s concerns about the repairs to the windows, damp and mould and plastering works.
We have also considered the landlord’s handling of the associated complaint.

Background and summary of events

The resident has an assured tenancy with the landlord, a housing association. The property is described as a 3-bedroom, semi-detached house. The landlord has no vulnerabilities recorded for the resident or her family. It said it was notified by the resident in July 2023 that her son is autistic.

Landlord obligations

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, including drains, gutters and external pipes. The landlord also has a responsibility under the Housing Health and Safety Rating System, introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard, and the landlord is required to consider whether its existence in its properties amount to a hazard and require remedying.
Under its repairs policy the landlord agrees to keep in good repair, the structure and exterior of buildings. It would ensure that all homes are safe, warm and meet the decent home standards. It will respond to emergency repairs within 24 hours and use an appointment-based system for non-emergency repairs. It would aim to ensure that residents are kept informed of the timescales, and progress of their repairs and planned maintenance works.
The landlord has 2-stage complaints handling process. It will aim to respond to stage 1 complaints within 10 working days, and stage 2 complaints within 20 working days. It will offer redress or take remedial action to put things right, if it finds that it could have done things better, or it has provided a poor service. It uses complaints to understand how it can improve its services to its residents and drive positive change within its organisation. It will consider reimbursing losses incurred by a resident, where it is has been at fault.

Summary of events

The landlord requested a survey of the resident’s windows on 25 November 2022. It noted that the resident wanted her windows replaced, because she could not keep the property warm, and the cost of her energy bills had increased.
The resident raised a formal complaint by telephone on 4 January 2023. She said:
1. Several appointments and visits had been made but nothing had been done about the windows.
2. The surveyor had advised that the windows were very draughty, but not repairable.
3. Plastering in the property had blown since the beams were fitted.
4. The walls in the bathroom were damp.
5. She would like to be reimbursed the additional cost of heating the property.
The landlord acknowledged the resident’s complaint on 5 January 2023. It said it would aim to respond within 10 working days.
The landlord communicated internally about the inspection of the windows on 17 January 2023.
On 18 January 2023, the landlord noted that it sent a holding letter to the resident for an extension.
The landlord contacted the resident on 19 January 2023 and left a voicemail informing her of a survey booked for 10 February 2023.
The landlord responded to the resident’s stage 1 complaint on 25 January 2023. It said:
1. Records showed the windows were inspected on 25 November 2022, but it had no records from the inspection and was therefore unable to clarify if the surveyor recommended the replacement of the windows as stated by the resident. Therefore, it had arranged for a surveyor to inspect the windows on 10 February 2023 and assess what repairs were required. Follow on repairs would be booked at a suitable time with her.
2. It was sorry follow-on plastering works were not arranged when the beams were replaced. This would also be assessed by the surveyor visit on 10 February 2023, including her concerns about damp.
3. It recognised that the delay in investigating the above concerns would have been frustrating for the resident. It said it had fed this back to its home care team, who also passed on their apologies for the information she was given previously.
The landlord noted on 10 February 2023 that the extractor fan in the bathroom needed repairs, including plastering works and an aqua panel. It further said that the resident called to advise that the inspection was carried out, but she was advised that the windows would be repaired. It noted that the resident said:
1. She did not agree with this outcome, as she had previously been let down.
2. She had been paying £80 a week for gas usage.
3. The inspection was not thorough.
4. She wanted the complaint escalated to stage 2.
The landlord acknowledged the resident’s stage 2 complaint on 22 February 2023. It said it would aim to respond within 20 working days.
The resident asked for an update on her complaint on 14 March 2023.
The landlord contacted the resident between 20 and 23 March 2023. It apologised for the delay in responding to the complaint, and advised the resident that it would issue its reply by 5 April 2023.
The landlord discussed the resident’s case in its internal emails dated 4 April 2023. It said neither a replacement or repairs of the windows had taken place and the resident had not been kept updated. It said repairs should be arranged as recommended, to avoid any further delays, as it failed to follow up the resident’s repair requests in November 2022. It further debated on whether it was appropriate that the replacement of the windows should be brought forward, rather than the repairs, ahead of planned works, because the matter had been raised as a complaint.
The landlord advised the resident on 6 April 2023, that it had escalated her complaint to a senior manager. It assured her that a specialist external contractor would attend, and carry out a thorough inspection of the windows, to determine the best course of action. The landlord also asked the resident to provide evidence to assist with its investigation of her concerns about the rise in energy bills. It advised that the scheduling team would arrange appointments to service the extractor fan in the bathroom and complete plastering repairs.
The resident contacted the landlord on 13 April 2023 to confirm it had received the emails from her energy provider. The landlord advised that it had received it.
The resident telephoned the landlord on 18 April 2023 for an update. The landlord advised her that it had received the report from the inspection, and that it would update her in due course.
The landlord discussed the findings from the inspection of the windows on 19 April 2023. The report recommended that all the windows should be replaced for these reasons:
1. The windows at the property required replacement hinges and handles. If it replaced them, this would not resolve the issue with draught as new gaskets and seals would not be sufficient.
2. Most window openers were twisted or bowed.
3. The repairs would not be cost effective.
The landlord responded to the resident’s stage 2 complaint on 25 April 2023. It said:
1. While it was satisfied with the handling of the stage 1 complaint, and the resolution put in place, it was clear it had fallen short and caused further delays and inconvenience to the resident.
2. It was sorry that she had been given conflicting information about the windows.
3. It had considered her request to be reimbursed the extra energy cost from November 2022 to April 2023, incurred due to losing heat from the windows. It was happy to reimburse £2.00 per day, from 14 November 2022, when she first reported the window repair, to the end of April 2023, to allow time for the repairs to take place. This came to a total of £338.00 for 167 days.
4. Due to the recommendations from the inspection of the windows, it had decided to bring forward the planned works and replace all the windows that financial year. Its planned team would contact her to arrange the works.
5. It had learned from its mistake from 10 February 2023, as repairs should have been progressed as a temporary measure pending replacement in 2025. Plastering works and repairs to the extractor fan should also have been raised.
6. Following their telephone discussion, where it advised her that it was willing to offer her £738, it had agreed to increase the offer to £1238. This is broken down as:
  1. £100 for the delay in responding to the stage 2 complaint.
  2. £700 for the distress and inconvenience caused due to the delay in repairs.
  3. £100 for the time and trouble to the resident in pursuing the complaint.
  4. £338 for the extra energy cost incurred while waiting for the repair.
7. Appointments had been raised and scheduled for:
  1. 26 April 2023, to service the bathroom fan.
  2. 2 May 2023 to repair plaster in bathroom and extend aqua panels.

Events following the completion of the landlord’s internal complaints process

The landlord and resident communicated in May and June 2023, regarding the window installation, plastering works and other repairs not included in the complaint. On 10 May 2023 the landlord noted that an urgent appointment was needed to check for water ingress into the rear bathroom window. The landlord noted around 12 May 2023, that works were raised to cut out brickwork above rear bathroom, replace lintels, cavity trays and brickwork.
The resident reported on 30 May 2023, that the appointment to fit the aqua panels to the bathroom could not go ahead because the colours could not be matched. The resident requested further redress for the days taken off work, the distress and inconvenience caused.
The landlord’s repairs log indicated that plastering works were completed to the bathroom on 28 June 2023.
The landlord noted on 4 July 2023 that it advised the resident that it was awaiting the delivery of the windows.
The landlord called the resident on 5 July 2023 and enquired about his availability for the outstanding repairs. It noted that the resident was available the week commencing 17 July 2023. The landlord discussed provisionally booking in the works for 18 July 2023, subject to the windows being delivered on 14 July 2023.
On 17 July 2023, the landlord said its supplier failed to deliver the windows.
The landlord offered an additional £400 to the resident on 3 August 2023 for the inconvenience, due to the extended delays in completing the repairs. This was also in consideration of the disruption to her son’s daily routine.
On 28 November 2023, the landlord noted that follow on works for a surveyor were required to inspect hair line cracks in multiple places around the property.
The landlord completed a survey of the property on 21 December 2023. It said the settlement or thermal expansion cracks caused no defects to the rooms or property. It concluded that the property met the decent homes standard and was fit for human habitation.
The landlord noted on 17 January 2024 that it spoke to the resident, and they confirmed that the windows had been fitted. The landlord noted further works raised by the resident, such as plastering works around the newly replaced windows and mould in the bathroom.

Assessment and findings

The Ombudsman’s Dispute Resolution Principles are:
1. Be fair
2. Put things right
3. Learn from outcomes
This Service will apply these principles when considering whether any redress is appropriate and proportionate for any maladministration or service failure identified.

The landlord’s handling of the resident’s concerns about the repairs to the windows, damp and mould and plastering works

The Ombudsman notes from the evidence that the resident raised concerns about her windows in November 2022. Although the landlord arranged an inspection around November 2022, the outcome is not known. The resident complained that she was previously advised that the windows were not repairable, and should be replaced, but the landlord was unable to verify this. The landlord admitted in its response to the stage 1 complaint on 25 January 2023, that while it arranged the inspection, it had no records of the recommendations or findings. It is a fundamental part of providing a good repairs service to keep accurate records of repairs. The missing information and lack of follow–up would have contributed to the delay in resolving the repairs.
The landlord apologised for the resident’s experience and arranged another inspection on 10 February 2023. It recommended that the windows should be repaired, as they were not due for replacement until 2025. We have seen from the evidence that the landlord failed to take any steps to repair the windows, which led to further delays and inconvenience to the resident. The resident informed the landlord in November 2022, that the draughty windows had caused an increase in her energy bills. The landlord failed to carry out any repairs to the windows, which left her with no choice than to raise a formal complaint on 4 January 2023. While the landlord took proactive steps in rearranging another inspection, the resident experienced further delays from January 2023 to 10 February 2023, when the inspection was carried out.
There is some evidence of learning in the landlord’s handling of the matter, as it listened to the resident’s concerns following her request to escalate the complaint to stage 2. While its surveyor recommended that the windows should be repaired, the resident did not agree with its findings on 10 February 2023. The landlord sought a second opinion in April 2023 but at this stage, the resident had been left living with the damaged windows for approximately 6 months. This would have caused her some distress and frustration.
The landlord applied a person-centred approach in handling the resident’s reports in the latter part of the case. It focused on the resident’s needs and made the decision to replace her windows, even though the planned works were not due until 2025. The landlord contacted the resident on 24 April 2023 and discussed the outcome of the stage 2 complaint. In its stage 2 response dated 25 April 2023, it apologised to the resident for the distress and inconvenience caused due to its handling of the repairs to the windows. It acknowledged that the works had been unnecessarily delayed due to miscommunication within its organisation. It assured her that the relevant teams would contact her to arrange a convenient time to install the windows.
The landlord initially proposed to offer the resident £538 to compensate her for the inconvenience, of which £338 was the reimbursement of costs incurred due to an increase in her energy bills. Following their discussion, the landlord took on board the resident’s feedback regarding the amount, and it increased the offer to £1038. The landlord’s actions showed that it took the resident’s concerns seriously and that it sought to put things right. The landlord also agreed appointments with the resident, to carry out works to address damp and plastering works on 26 April 2023 and 2 May 2023.
We have seen from the evidence that there were further delays to the works. For example, the window installation booked in for 18 July 2023, also agreed with the resident, was cancelled. The Ombudsman notes that new windows have been installed in the property, but the exact dates the works were completed is not known. The resident requested further redress due to the delays and cancellation of appointments. The landlord considered her request and offered an additional amount of £400 to her on 3 August 2023. This brings the total compensation for the distress and inconvenience for its overall handling of the repairs to £1438. The Ombudsman considers the landlord’s offer and redress reasonable.
The landlord explained to this Service, that the resident initially raised damp reports on 4 January 2023 when she submitted her stage 1 complaint. It said the surveyor identified that there was dampness in the plasterboards during its inspection on 10 February 2023. It said works were raised to address the dampness and attended during April 2023. It also said the plastering works and damp issues were related to the windows. The landlord further said the plastering works were dependent on the installation of the windows. It advised that remedial works were raised to take place on 23 February 2024, to make good cracks and other cosmetic works following the replacement of the windows and the lintels.
Overall, we have seen that the landlord acknowledged there were delays in resolving the repairs, due to missing records, poor communication and miscommunication within its teams. The landlord learned from this and sought to put things right. It actively communicated internally and agreed plans to progress the works required in the property. The landlord listened to the resident, and put her at the heart of its business, by agreeing to change her windows. It apologised to her and offered compensation to redress the failures identified and put things right for her. It acknowledged the inconvenience and frustration caused by its failures and offered additional compensation outside of its complaints process. Based on the above, it is the Ombudsman’s opinion that the landlord has offered reasonable redress in its handling of the resident’s request for repairs.

The associated complaint

The landlord’s response to the resident’s stage 1 complaint was delayed. The resident raised the complaint on 4 January 2023, but it did not respond until 25 January 2023. This was 15 working days after the complaint was received, as opposed to 10 working days timescale stated in its complaints policy. Although the landlord requested an extension of the complaint on 18 January 2023, it failed to:
1. Acknowledge the delay in its stage 1 response.
2. Offer compensation for the inconvenience, or for the other failures identified in the investigation.
3. Address the resident’s request for the reimbursement of additional expenses incurred in heating the property.
The landlord’s handling of the stage 2 complaint was also delayed. The resident requested the escalation of her complaint on 10 February 2023, but the landlord did not log the complaint or acknowledge it until 22 February 2023. This was not within the timeframe of 1 working day stated in its complaints handling procedure. The landlord responded to the stage 2 complaint on 25 April 2023. This was approximately 51 working days after the complaint was received, which fell far outside the timescale of 20 working days stated in its complaint policy.
We have seen that the landlord apologised to the resident for the delay between 20 and 23 March 2023 but this was prompted by the resident’s request for an update on 14 March 2023. However, the landlord learned from this and sought to manage her expectations from this point onwards. It acknowledged and apologised for the delay in responding to the resident’s complaint in its final response. It advised her that the relevant teams had been advised of the importance of raising any repairs identified from its inspections without delay.
The landlord also addressed the resident’s request for the reimbursement of additional cost of heating the property and worked with her to obtain and review the evidence needed to process the refund. It offered £200 for the time and trouble and inconvenience to the resident, due to its handling of her complaint. The Ombudsman also notes that its complaint handling was considered and offered compensation for the other failures identified in the substantive issues (repairs to windows, damp and plastering). This shows that it had learned from its previous mistakes. It is therefore the Ombudsman’s decision that the landlord has offered reasonable redress in its handling of the associated complaint.

Determination (decision)

In accordance with paragraph 53b of the Housing Ombudsman Scheme, the landlord has offered reasonable redress in its handling of the resident’s concerns about the repairs to the windows, damp and mould and plastering works.
In accordance with paragraph 53b of the Housing Ombudsman Scheme, the landlord has offered reasonable redress in its handling of the associated complaint.

Reasons

The landlord failed to address the resident’s request for repairs following its inspection in November 2022. It acknowledged that it was unable to find records from the inspection and apologised for the error. It arranged another inspection and followed the recommendations to have the windows replaced. The landlord apologised to the resident for the delays and offered compensation for the distress and inconvenience to her. It changed the windows in the property and completed other works to alleviate the problem of damp and resolved plastering works.
The landlord did not comply with its own complaints policy and the Housing Ombudsman’s complaint handling code during its handling of the resident’s complaints. This caused the resident time and trouble. The landlord learned from its errors, and put things right for the resident. This included an apology, compensation and commitment to the actions agreed at both stages of the complaints process.

Recommendation

The landlord should pay the resident the sum of £1638 as previously offered, if it has not yet been paid. Proof of payment should be sent to this Service when paid.