Bromford Housing Group Limited (202308549)

REPORT

COMPLAINT 202308549

Bromford Housing Group Limited

25 November 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 response to the resident’s request for compensation for:
1. Additional heating costs due to a lack of insulation to the top bedroom.
2. Potential health and safety risks due to a lack of fire-stopping.
3. The reported disruption caused to the resident’s household during the insulation remedial works and for the reported damage to decorations.
The Ombudsman has also investigated the landlord’s handling of the associated complaints.

Background

The resident is an assured tenant and his tenancy began on 10 January 2019.
The landlord has advised this Service that it has a vulnerability recorded for the resident’s son who has a mental health condition.
The property is a 3-bedroom, mid-terrace house. The landlord is a housing association which owns 93 two and three-storey homes on an estate that was developed by a private developer.
On 23 January 2023, the resident received a letter from the local tenant and residents’ association (TRA), which it had sent to all residents on the estate. The letter explained that works had recently been carried out to provide additional insulation to the top floor rooms in some properties which residents had reported were cold. During the works, the landlord had identified that some of the firestops were missing in the roof spaces between the houses. The TRA’s view was that this had been due to a failure by the local authority’s building control team to properly supervise the construction work.
The resident contacted the landlord regarding the letter on 26 January 2023 and was told that the landlord would be in touch with him regarding works to his property. The resident said he had submitted a complaint 2 years earlier about the top bedroom being too cold.
Following further correspondence between the landlord and the resident, the insulation works started in the resident’s property on 3 April 2023 and took 3 weeks to complete. The firestopping works were also completed at the same time following discussions between the developer, the landlord, the defects contractor and a specialist firestopping contractor.
The basis of the resident’s stage one and stage two complaints was that in his view the landlord had not offered him appropriate compensation for:
1. The additional heating costs he said he had incurred because of the lack of insulation to the top bedroom during the 4 years he had lived at the property.
2. The potential health and safety risks due to the lack of firestopping in the roof space.
3. The disruption his household had experienced during the insulation remedial work.
4. Reported damage to decorations in the top floor bedroom and the hallway.
The landlord had offered the resident a total of £260 compensation, which he considered to be inadequate. However, the landlord concluded in its stage 2 reply dated 25 May 2023 that the sum offered was fair and reasonable. It stated that, in its view, it had been proactive in resolving the issues when it became aware of them and had communicated with the resident throughout.
The resident contacted this Service on 22 June 2023 and stated that he was seeking compensation consisting of a reduction of £600 in the rent for the month of April 2023, £400 for the extra fuel used and full reimbursement of £150 he paid for paint to redecorate the bedroom.

Assessment and findings

In reaching a decision this Service considers whether the landlord has kept to the law, followed proper procedure and good practice, and acted in a reasonable way. The Ombudsman’s duty is to determine complaints by reference to what is, in this Service’s opinion, fair in all the circumstances of the case. This Service has a very specific role in considering whether the landlord has met its obligations to a resident and taken reasonable steps to resolve the complaint.

Scope of the investigation

On 25 January 2023, the resident advised the landlord that he had submitted a complaint 2 years ago in which he had reported that the top bedroom was cold. Also, in his stage one complaint dated 23 February 2023, the resident stated that he had been living for 4 years with inadequate heating (due to a lack of insulation) and a serious health and safety issue due to a lack of firestops.
The Ombudsman encourages residents to raise complaints with their landlords in a timely manner. This is because with the passage of time, evidence may be unavailable and personnel involved may have left an organisation, which makes it difficult for a thorough investigation to be carried out and for informed decisions to be made. Therefore, taking into account the availability and reliability of evidence, it is considered fair and reasonable for this assessment to focus on the landlord’s handling of the events from January 2023 when the resident reported issues with the insulation and firestopping. Reference to the events that occurred prior to January 2023 has been made in this report to provide context.
The resident stated in his email dated 3 April 2023 that he had previously complained to the landlord that the top bedroom was cold. In conducting its investigations, the Ombudsman relies on documentary evidence to ascertain what events took place and reach conclusions. In this case, the Ombudsman has not seen any evidence that the resident had previously submitted a formal complaint to the landlord on this matter.

Relevant legislation, standards, policies and procedures

The landlord’s compensation policy states:
1. “We ‘contract’ with customers and long leaseholders to provide a repairs service and other services. Compensation may be claimed if we fail to provide one or more services”.
2. “If we compensate for loss or damage, then this will be in the form of a financial settlement rather than an undertaking of replacement of items such as carpets or decoration”.
The landlord’s compensation procedure states:
1. “We compensate for the following entirely at our discretion…damage to internal decoration following improvement works due to the landlord’s or contractor’s neglect”.
2. “If damage has been caused to decoration following improvement works, we will…make good the affected area where the impact is small or redecorate the area”.

The resident’s request for compensation for additional heating costs due to a lack of insulation to the top bedroom

The resident contacted the landlord on 26 January 2023 to enquire about a letter he had received from the local TRA regarding a lack of insulation and firestops in some properties on the estate. The landlord carried out its annual review of the property on 2 February 2023 and used this as an opportunity to advise the resident of the work it would be carrying out to address the lack of insulation. Therefore, following the resident’s enquiry in January 2023, the landlord had spoken to him within a reasonable period about the remedial work it was planning to carry out to address the lack of insulation.
The landlord wrote to all affected residents on the estate on 23 February 2023 to explain the position regarding the insulation and the firestops.
The landlord stated in the letter that it was in the process of carrying out insulation work to all the 3-storey houses on the estate and if works had not yet been scheduled, residents should contact the landlord to arrange a date for the work. The landlord had therefore taken reasonable steps to advise residents that it had a programme in place to carry out the insulation work and advised residents to make contact to agree a date for the work.
The resident submitted a complaint on 23 February 2023 regarding the extra heating costs he had incurred and the potential health and safety implications regarding the firestops. He also expressed concern about the disruption that would occur during the insulation work and the impact this would have on his autistic son. The landlord sent its stage one reply on 30 March 2023 and confirmed that the resident had agreed for the insulation work to begin on 3 April 2023 and would last for about 3 weeks. The landlord had therefore agreed a timely start date for the insulation work and provided clear information about the anticipated time the work would take. The landlord also offered the resident compensation of £200.
The landlord continued to correspond with the resident during April 2023 and on 24 April 2023, the landlord offered the resident an additional £60 (£30 for paint and £30 for any extra utility costs during the works). The landlord repeated this offer in its stage 2 reply dated 25 May 2023 and confirmed that its total offer of compensation to the resident was therefore £260. It stated it had reviewed the offer and considered it to be fair and reasonable.
The landlord’s compensation policy states that residents may claim compensation where the landlord has failed to provide a service. In this case, the information seen shows that the landlord did not develop the properties and would therefore not have been responsible for any omissions in relation to the insulation. Furthermore, the landlord has advised this Service that the developer accepted responsibility for the insulation and firestopping work.
The resident raised his concerns on 26 January 2023 and the remedial works were carried out over a 3-week period from 3 April 2023, which was a date agreed with the resident. During the period from 26 January 2023 to 3 April 2023, the evidence shows that the landlord kept in contact with the resident. Therefore, the Ombudsman has not identified any failings in terms of how the landlord dealt with the insulation remedial works or the associated communications.
The landlord’s compensation policy is clear that it will offer compensation when it fails to provide a service that it is contracted to provide. In this case, the Ombudsman has not found a failing in the way the landlord addressed the insulation problem once the resident had raised it. Furthermore, the landlord was not responsible for the development of the property and therefore was not responsible for the omission of the insulation. Therefore, the landlord was not obliged under its compensation policy to offer compensation. It was therefore positive that the landlord offered the resident a discretionary sum of £200 to recognise the additional heating costs he had incurred.

The resident’s request for compensation for potential health and safety risks due to a lack of firestopping

The position regarding the firestops is similar to the insulation issues. The information seen indicates that the landlord was not responsible for the development of the property and therefore would not have been responsible for any omissions during the development process. As stated previously, the developer accepted responsibility for carrying out the firestopping remedial work.
Following the resident’s email of 26 January 2023, the landlord sent a letter to residents on 23 February 2023 and advised them that during insulation work to some of the homes it had identified some missing firestops in the roof spaces between the houses. The letter stated that although the resident’s home had not been inspected, it was possible that the lack of firestopping was present in his home.
The landlord stated that it had appointed a third-party firestopping contractor to inspect a sample of properties on the estate. The landlord reassured the resident that the lack of firestops would not increase the risk of fires starting and it would continue to rely on early warning measures such as the mains-powered smoke detection system. It was reasonable for the landlord to appoint a specialist firestopping contractor to inspect a sample of properties on the estate. This would help the landlord to understand the extent to which firestops were missing and to identify the necessary remedial work.
The landlord’s letter added that although the lack of firestops was an issue, the early warning systems to enable the safe evacuation of residents continued to be the main safety feature. It was appropriate that the landlord used the update letter to explain to residents the purpose of the firestops and to reassure them that it had systems in place to provide early warnings in the event of a fire.
The landlord stated in the letter that it would provide a further update in 4 weeks. The landlord therefore wrote to residents to provide further updates on 23 March 2023 and 20 April 2023. The landlord advised that it had been working with the developer and the firestopping contractor but was not yet able to provide residents with the scope of the firestopping works or the plan of works. The evidence seen shows that the landlord was regularly meeting the developer and the firestopping contractor to agree the works and to agree who should be liable for the cost of the works.
The landlord has confirmed to this Service that the firestopping works were completed in April 2023 at the same time as the insulations works were done. Therefore, in the Ombudsman’s opinion, the landlord acted reasonably by:
1. Working with the developer to appoint a specialist fire-stopping contractor.
2. Communicating regularly with the resident regarding progress.
3. Working with the developer and firestopping contractor to arrange the remedial work in a timely manner.
4. Minimising disruption by working with the developer and contractor to ensure the firestopping work was carried out at the same time as the insulation works.

The resident’s request for compensation for disruption during the insulation remedial works and for damage to decorations

As previously stated, the insulation remedial work started on 3 April 2023 and took 3 weeks. The time taken for the works was therefore in line with the time stated in the landlord’s stage one reply dated 30 March 2023. Therefore, on this basis, the time taken to carry out the work was reasonable. Furthermore, the Ombudsman has not seen any evidence questioning the quality of the work carried out, the conduct of the contractor or the method in which the work was carried out.
The resident wrote to the landlord on 20 April 2023 and stated that the insulation remedial work to the top floor bedroom had been carried out. He stated that the period during the works had been stressful. Whilst the Ombudsman can see from the evidence that the resident found the situation stressful and disruptive, the evidence demonstrates that the landlord ultimately took reasonable steps to meet its obligations by working with the developer and the defects contractor to ensure the work was carried out within a reasonable timescale.
The landlord has confirmed to this Service that the work involved stripping the plasterboard in the bedroom, applying insulation, fitting new plasterboard, refixing skirting boards and carrying out the firestopping work in the roof space. Therefore, due to the nature of the works to the bedroom, there would inevitably be some inconvenience to the resident’s family. However, the tenancy agreement states that the resident must give access for repairs and/or improvements to the property. Therefore, the landlord was not required to give a refund of the rent or pay compensation for any disruption caused as a result of the remedial work.
Nevertheless, the landlord clarified in its stage 2 reply that its offer of £200 was for the additional energy costs due to the gaps in the insulation and the disruption caused by the works. As the landlord was not under an obligation to pay compensation for the disruption during the works, it was a helpful gesture that it offered compensation. The landlord also offered £30 to cover any extra utility costs during the works. It was reasonable for the landlord to offer an additional sum to cover any extra utility costs as the contractor was likely to have used electricity and water during the works.
The Ombudsman acknowledges that the resident was seeking reimbursement for the dog sitter costs he incurred during the works. However, as this Service has not found any failings by the landlord in terms of its role in the insulation works, the Ombudsman’s view is that it was reasonable for the landlord to refuse to cover the cost.
In terms of the reported damage to decorations, the principle has been established in caselaw that a landlord who has an obligation to repair must also rectify damage to decorations resulting from the repair work. However, in this case, the developer was responsible for the insulation and firestopping remedial works rather than the landlord and therefore the Ombudsman’s view is that the landlord was not responsible for reinstating any damaged decorations.
On 4 April 2023, the landlord advised the resident that the developer had offered to return the top floor bedroom to white emulsion, which the landlord’s records show was in line with the warranty with the developer. The landlord’s records show that it requested the developer to reinstate the decorations to the bedroom and, as a result, the developer agreed to use the paint provided by the resident and provide a refund of £30 to the resident for the paint.
On 24 April 2023, the landlord wrote to the resident and said it had reconsidered the resident’s compensation request and now offered an additional £30 for paint.
As the landlord was not under an obligation to redecorate the bedroom, the Ombudsman’s view is that the landlord acted reasonably by:
1. Requesting the developer to reinstate the decorations.
2. Advising the resident of the developer’s offer to paint the bedroom in white emulsion or to paint the room using paint supplied by the resident.
3. The landlord offering to pay £30 towards the cost of paint, even though it was not obliged to make this offer.
Based on the above, the Ombudsman’s view is that the landlord acted reasonably by working with the developer and the defects contractor to ensure that the insulation remedial works were carried out within a reasonable timescale. The landlord also acted reasonably by working with the developer to reinstate the decorations, offering a contribution towards the cost of the paint and offering a sum towards the utility costs during the works.
The landlord’s records show that the developer redecorated the bedroom in April 2023 following completion of the insulation and firestopping work.

The landlord’s handling of the associated complaints

The landlord operates a 2-stage complaints process. Stage 1 complaints will be acknowledged within 5 working days, and a response provided within 10 working days of receipt. However, in complex cases the landlord will discuss and agree an extension of the timescales directly with the resident. The landlord’s complaints policy states that generally, any extension will not exceed a further 10 working days without good reason.
Stage 2 complaints will be acknowledged within 5 working days, and a response provided within 20 working days of the complaint being escalated. However, if this is not possible, an explanation will be provided and a date confirmed as to when the stage 2 response will be received. The policy states that generally any extension will not exceed a further 10 working days without good reason.
The resident made a stage one complaint on 23 February 2023. The landlord acknowledged the complaint on 28 February 2023 and therefore it acknowledged the complaint within its 5-working day target.
The landlord wrote to the resident on 10 March 2023 and stated that it was extending the deadline for responding by a further 10 working days due to the complexity of the complaint. However, the evidence shows that the landlord did not discuss or agree the extension of time with the resident, even though this is stipulated in its complaints policy. The landlord therefore did not follow its policy and this was inappropriate.
The landlord sent its stage one reply on 30 March 2023, which was 14 working days after it had advised the resident of the extension of time. The landlord therefore did not keep to the 10-working day extension of time it had notified the resident about on 10 March 2023 and therefore this was unreasonable.
The resident wrote to the landlord on 3 and 4 April 2023 and disputed some of the points in the landlord’s stage one reply. The resident then wrote to the landlord on 18 April 2023 and asked for his complaint to be escalated. The landlord spoke to the resident and acknowledged his complaint on 25 April 2023. The landlord then responded to the stage 2 complaint on 25 May 2023.
As the resident had clearly expressed his dissatisfaction with the stage one reply on 3 and 4 April 2023, it was unreasonable that the landlord had not escalated the complaint to stage 2 at that point. The Ombudsman’s complaint handling code states: “If all or part of the complaint is not resolved to the resident’s satisfaction at stage one, it must be progressed to stage two of the landlord’s procedure, unless an exclusion ground now applies”.
After logging the stage 2 complaint on 25 April 2023, the landlord took 20 working days to respond on 25 May 2023. The landlord therefore sent its reply within the timescale prescribed in its complaints policy.
In its stage 2 reply, the landlord acknowledged that it had not agreed the extension of time with the resident and had not met its prescribed timescale for replying. It also acknowledged that it should have escalated the complaint to stage 2 when the resident initially expressed his dissatisfaction in early April 2023. The landlord apologised for these failings and offered the resident £75 to put things right.
The Ombudsman’s view is that the landlord acted fairly by acknowledging its complaint handling failures, apologising for them and offering compensation. The amount offered was within the range of sums recommended in the Ombudsman’s Remedies Guidance for service failures and was, in the view of this Service, fair and reasonable. The Ombudsman’s view is that the landlord therefore made a reasonable offer of redress to put things right in relation to the complaint handling failings.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its response to the resident’s request for compensation for additional heating costs due to a lack of insulation to the top bedroom.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its response to the resident’s request for compensation for potential health and safety risks due to a lack of fire-stopping.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its response to the resident’s request for compensation for the reported disruption caused to the resident’s household during the insulation remedial works and for the reported damage to decorations.
In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, and in the Ombudsman’s opinion, there was reasonable redress offered by the landlord in relation to its handling of the associated complaints.

Recommendation

It is recommended that the landlord reoffers the resident the sums offered during the complaints process (£260 and £75) if these amounts have not already been paid.