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First Choice Homes Oldham Limited (202229621)

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REPORT

COMPLAINT 202229621

First Choice Homes Oldham Limited

26 June 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

  1. The landlord’s handling of bathroom repairs and response to a request for a bathroom renewal.
  2. The Ombudsman has also considered the landlord’s complaint handling and record keeping.

Background

  1. The resident holds an assured tenancy with the landlord, which began on 16 April 2022. The resident lives in a ground floor flat. The landlord is aware from wider correspondence with the resident of the impact on his wellbeing but there is no recorded diagnosed vulnerability. The resident has stated he has experienced stress, and respiratory issues due to moisture in his bathroom for which he takes medication.
  2. The resident reported issues with his wetroom on 17 January 2023 saying the shower tray was “loose or cracked” and the wet room floor was old, damaged, smelt, retained damp, and had to be cleaned every 2 days. The landlord arranged a plumber’s visit on 27 January 2023. The evidence is unclear as to whether a repair was undertaken but after the visit, the resident rang the landlord to say its plumber told him to ask for a new bathroom.
    1. The resident raised a complaint on 14 February 2023 as follows:
    2. The bathroom was old and “has moisture”.
    3. The floor was old, retained dirt, and smelt making him “cough and feel vomit”.
    4. He had to clean the bathroom and floor every 2 days as it was “black from the sides” due to it being old and humid.
    5. The resolution he wanted was a new bathroom.
  3. The landlord issued a stage 1 response on 23 February 2023 as follows:
    1. It visited on 21 February 2023 to assess the bathroom when it found:
      1. Flooring- it was non-slip safety flooring, which needed cleaning regularly to avoid a build-up of residue from showering. Any new flooring would be the exact same for safety reasons.
      2. Fan – a job was raised for servicing or replacement if the fan could not be repaired.
      3. Shower – to be checked.
    2. It would be in touch within the week to book follow up appointments.
    3. His bathroom would be renewed on a programme in 2024/2025.
  4. The resident remained dissatisfied and escalated his complaint on 5 May 2023 stating:
    1. The floor was old, retained dirt and became black every 2 days.
    2. The fan was old and did not work properly.
    3. The moisture in the bathroom “causes my health more issues as I’m on many medications”.
    4. The flow rate of the shower was poor.
    5. The bathroom smelt due to the old floor and moisture on the sides and floor.
  5. The landlord issued a stage 2 response on 2 June 2023 as follows:
    1. It apologised for its lack of communication and delays with escalating his complaint. It said it would feedback to its complaints team about stage 2 requests being actioned on time.
    2. His bathroom replacement was placed on the investment delivery programme due to start from April 2024. In the meantime, repairs would be ordered to maintain his bathroom pending its renewal. The repairs were:
      1. As the flooring was non-slip safety flooring, it had to be retained for safety reasons and he was advised to clean it regularly to avoid a build-up of residue from showering.
      2. The extractor fan to bathroom had been serviced and cleaned and was working.
      3. The shower head had been replaced to improve the shower water flow.
      4. The shower tile area re-grouting had been completed.
  6. The resident escalated his complaint to the Ombudsman on 2 June 2023 stating the renewal was not soon enough; while the fan was working, the lack of windows meant there was mould; the new shower head had improved the water flow, but water pressure was still low; and the bathroom smelt. The resolution he wanted was his bathroom renewal.
  7. The landlord has informed this Service the bathroom is due to be renewed on the week commencing 8 July 2024.

Assessment and findings

Scope of investigation

  1. The resident has informed this Service of a complaint made to the landlord about disputed visits on 17 and 18 October 2023. In line with paragraph 42(a) of the Housing Ombudsman Scheme the Ombudsman is unable to assess this new complaint as the landlord has not had the opportunity to address it through its internal complaints process at both stages. Once the landlord has fully completed its internal complaints process, the resident can approach the Ombudsman if he is unhappy with the outcome.
  2. The scope of this investigation has been limited to considering matters raised in the 6 months prior to the resident’s formal complaint in line with paragraph 42(c) of the Scheme and therefore, since 13 August 2022 onwards. The investigation covers matters until 2 June 2023, when the landlords stage 2 concluded the internal complaint process. Relevant factors outside this period may however be referenced for contextual purposes.

The landlord’s handling of bathroom repairs and response to a request for a bathroom renewal

  1. The resident’s tenancy agreement states it will keep in repair and proper working order water and sanitation installations. This reflects its statutory duty under section 11 of the Landlord and Tenant Act 1985 which also confirms a landlord must complete repairs within a reasonable time. The agreement also states a resident must not obstruct access by refusing consent or cancelling appointments.
  2. The landlord’s repairs and maintenance policy sets out 4 priorities for repairs:
    1. Emergency repairs within 3 hours (eg presents an immediate risk).
    2. Priority repairs within 5 working days (eg not an immediate risk but impacts “full use of their property, facilities and services”).
    3. Routine repairs within 20 working days (eg no risk posed).
    4. Major repairs within 90 working days (eg requires a specialist repair).
  3. The landlord’s damp and mould policy states after receiving a damp and mould report it will take one of a number of actions, which includes its surveyors inspecting the property after which works are raised, completed and post-inspected. Completion of works is prioritised according to the risks involved and aligned to the repairs policy priorities.
  4. The landlord has provided a weblink to its ‘Managing moisture in your home’ leaflet, which sets out how to deal with condensation and black mould, which includes contacting it and using fungicidal spray on the affected area.
  5. The landlord has provided a weblink to its ‘Investment in your home’. While it confirms it is replacing bathrooms in 178 homes, it does not confirm the criteria for selection for replacement.

Bathroom repairs

  1. Before the resident’s tenancy began, the landlord conducted void works and the photographs show no evidence of mould. The bathroom was designed as a wetroom with no bath installed. The evidence shows the resident first reported issues with his bathroom in January 2023, 9 months after his tenancy began.
  2. Following the resident’s report of disrepair in connection with his shower tray (cracked and loose) and shower floor (old, smells, retains damp and requires regular cleaning), the landlord appropriately raised a works order on the same day. In line with its routine repairs timeframe a plumber attended on 27 January 2023. However, given the indication of damp in the floor it should have arranged for a surveyor’s inspection in line with its damp and mould policy. The inspection eventually took place on 21 February 2023, which was 5 working days more than its policy commitments. The inspection findings are set out in wider email correspondence, which were:
    1. The floor was non–slip safety flooring, which did require regular cleaning due to its rough texture.
    2. There was the presence of mould on the shower curtain.
    3. The extractor fan was clogged and required a service and/or replacement.
    4. Due to the resident’s dissatisfaction with the shower flow it needed to be checked.
    5. The hollow sounding tiles and cracked grout meant regrouting was needed.
  3. The landlord has told this Service, during a call on 1 March 2023, the resident said he wanted a bathroom replacement rather than repair. The evidence provided shows a further call with him on 8 March 2023, when the works to the fan, grouting and shower head were confirmed for 9 March 2023. He was also informed a new bathroom would be installed in the 2024/2025 investment programme and in the meantime, said it was “in serviceable condition”. The resident agreed the interim works. We have not been provided with the call evidence for 1 March 2023.
  4. The wider correspondence shows the remedial works conducted by the landlord on 9 March 2023 were:
    1. Shower – due to low pressure causing poor flow, it replaced the shower head.
    2. Extractor fan – cleaned and serviced.
    3. Regrouting.
  5. The resident’s escalation on 5 May 2023 indicated continuing issues with his bathroom. This should have prompted the landlord to inspect its works of 9 March 2023 and consider if the repair had been resolved. While it is outside the scope of this investigation, a further damp and mould inspection took place in late September 2023 and it appears from wider correspondence, a replacement fan was actioned. While the evidence shows appointments being made, it is clear the fan has not been replaced to date.

Response to a request for a bathroom renewal

  1. After the resident said he was informed by the landlord’s plumber on 27 January 2023 that he required a new bathroom, it appropriately considered this by:
    1. Deciding on 27 January 2023, to send photos to its investment team for consideration of a renewal.
    2. Raising a works order on 3 February 2023 for additional photos of the bathroom to be taken.
    3. Following the inspection on 21 February 2023, sending photos of the bathroom to its investment team with a recommendation to bring the bathroom replacement forward to 2024/2025 as the cistern and tiles were aged and while it was “serviceable on the face of it”, the surveyor had concerns about the pipework below the floor and within the walls.
    4. On 21 February 2023, its asset planning team confirmed the bathroom replacement for 2024/2025.
  2. While it falls outside the scope of this investigation, we have been provided with evidence of the forms completed by the resident in April 2024 around his renewal and the landlord has confirmed the renewal works are scheduled for the week of 8 July 2024.
  3. It is the view of this Service that the landlord managed the resident’s repairs in a timely and reasonable manner. Although the inspection on 21 February 2023 may have been slightly outside of its timeframes after the resident’s disrepair report on 27 January 2023, the landlord was proactive in conducting the repairs identified at the inspection. In a call with this Service in June 2023, the resident said the fan was working and the new shower head had improved the water flow. The evidence indicates the bathroom was “serviceable” and therefore, the interim repairs were satisfactory.
  4. The evidence is unclear as to the extent of the damp and mould present. This Service has not seen evidence to confirm or detail the damp and mould within the property. As the February 2023 inspection found mould on the shower curtain only, it was reasonable for the landlord not to treat the repair under its damp and mould policy but rather in line with its responsive repairs policy.
  5. In terms of its response to the bathroom renewal request, the landlord positively engaged with the resident’s request and just over 3 weeks after his request on 27 January 2023, it agreed to renew his bathroom. It is accepted the resident has been frustrated and distressed by the wait for the bathroom renewal, including the cleaning he has had to undertake to maintain his bathroom. Such works are planned in advance and while the resident was frustrated with the delay, the landlord’s reasons for not expediting the renewal are reasonable as the bathroom was “serviceable” and could be maintained with responsive repairs pending renewal.
  6. Ultimately, there was no maladministration in the landlord’s handling of the bathroom repairs and its response to a request for a bathroom renewal.

Complaint handling

  1. The landlord’s complaint policy states that it operates a two-stage complaint process with responses being issued within 10 working days at stage 1 and 20 working days at stage 2. At stage 2, an escalation request will be acknowledged within 5 working days.
  2. Both the landlord’s outcome responses were issued within policy timeframes. However, at stage 2 following the intervention of this Service, the resident’s escalation was acknowledged after 18 working days, which was more than its policy timescales. In its stage 2 response, it apologised for the escalation delay stating it had fedback to its complaints officer and expressed the importance of stage 2 requests being actioned on time. This was appropriate.
  3. The landlord managed the resident’s complaints in a timely and reasonable manner. Although the stage 2 acknowledgement was outside of its timeframes, it did not affect its stage 2 response being issued within policy timeframes. The complaint responses addressed the resident’s complaints. There was no obvious or significant adverse impact on the resident of the delay. Overall, there was no maladministration.

Record keeping

  1. The landlord’s record keeping indicates some issues. We asked it to provide evidence in the form of, for example, all correspondence and contact notes, repair logs, visit records and inspection reports. The evidence provided contains omissions including:
    1. Visit records (eg plumber visit on 27 January 2023).
    2. Inspection records and/or report for its surveyor (eg 21 February 2023).
    3. The repair records confirming the works done and their completion (eg remedial repairs on 9 March 2023)
    4. Call record with the resident (eg 1 March 2023).
  2. This Service’s spotlight report on knowledge and information recommends “records should tell the full story of what happened, when, and why” with records being clear and timely, accurately recording decisions and the reasons for them.
  3. This investigation has used information provided by the resident and references to events within the landlord’s wider correspondence. However, the omissions in the evidence indicate poor record keeping by the landlord as it was not able to provide the relevant information when asked. If there is disputed evidence and no audit trail, we may not be able to conclude that an action took place or that the landlord followed its own policies and procedures. The Ombudsman finds service failure by the landlord for poor record keeping.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there has been:
    1. No maladministration in the landlord’s handling of bathroom repairs and response to a request for a bathroom renewal.
    2. No maladministration in the landlord’s complaint handling.
    3. Service failure in the landlord’s record keeping.

Orders and recommendations

Orders

  1. The landlord is ordered to take the following action within 4 weeks of the date of this report. The landlord must provide the Ombudsman with evidence that it has complied with these orders:
    1. Pay the resident a total of £50. The compensation must be paid to the resident and not offset against any debts owed to the landlord. The compensation comprises:
      1. £50 for its poor record keeping.
    2. Write an apology to the resident for the failures in its service.

Recommendation

  1. We encourage landlords to self-assess against the Ombudsman’s Spotlight reports following publication. In May 2023 we published our Spotlight on knowledge and information. The evidence gathered during this investigation shows the landlord’s practice was not consistently in line with that recommended in the Spotlight report. We encourage the landlord to consider the findings and recommendations of our Spotlight report, which it should consider incorporating into its policies for accurate record keeping.