Places for People Group Limited (202205025)

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REPORT

COMPLAINT 202205025

Places for People Group Limited

29 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:
1. Reports of outstanding repairs.
2. A concern raised about staff conduct.
3. The related complaint.

Background

The resident is an assured tenant of the landlord. The tenancy commenced in June 2021. The property is a 1-bedroom studio.
The landlord told us it does not have any vulnerabilities recorded for the resident on its system however the resident told us she has “very bad” mental health.
On 16 December 2021, the resident called the landlord to report she had no heating and that there were gaps in windows that let the cold in. The landlord’s note however stated the resident was not at home and could not provide access at that time, but she would call back.
On 31 March 2022, the resident emailed the landlord complaining about outstanding repairs at the property including no heating. The resident said she had raised repairs “numerous times” and nothing had been done. She said operatives had called at the property or been booked in to attend while she was at work and then she was blamed for no access. The resident stated that she would consider withholding rent if repairs were not resolved, and she asked for the landlord to contact her.
The landlord replied on the same date saying it was sorry to hear about the resident’s experience and asked her if she wanted to raise a formal complaint. The resident confirmed to the landlord that she would like to log a formal complaint. The landlord said it had done this and that she should receive a response soon.
The resident called the landlord on 5 April 2022 regarding the outstanding repairs and the lack of heating.
On 9 June 2022, the resident told the landlord’s debt enforcement manager that she was withholding rent due to an outstanding complaint about repairs. The landlord called the resident on 15 June 2022 and arranged to inspect the property on 22 June 2022 to assess the repairs.
The landlord inspected the property on 22 June 2022 and on 23 June 2022, it emailed the resident stating it had found the following repairs were required:
1. New extractor fan to bathroom
2. New heater to bathroom
3. New storage heater to main room
4. New light to kitchen
5. New cockspur handle to window in main room
6. Glass in windows to be measured and replaced all sealed units have broken down
7. Inspection on immersion tank due to water losing temperature.
The landlord’s repair notes indicate its operatives:
1. Attended on 4 August 2022 and identified the water cylinder needed to be changed.
2. Replaced the kitchen light on 12 August 2022 after an asbestos “scrape” was completed.
3. Changed the water cylinder on 11 October 2022.
On 13 October 2022, the Ombudsman contacted the landlord asking it to respond to the resident’s complaint about outstanding repairs.
On 27 October 2022, the landlord provided its stage 1 complaint response. This stated it had attended the following repairs in the last 6 months:
1. Light fitting in hall was changed on 3 March 2022.
2. Light in kitchen was changed on 12 August 2022 after the asbestos scape was completed on 4 July 2022. This was not completed during previous appointments on 31 March 2022 and 30 June 2022 due to no access and no asbestos scrape.
3. Water cylinder was changed on 11 October 2022.
4. Windows – It had raised jobs to rectify the issues with the window gaps and window handles. Previously it attended on 15 March 2022 to assess the windows and on 10 August 2022 to change the handles but there was no access. It said works for replacing windows would take place before June 2023.
5. New extractor fan and heater in the bathroom – This would be installed on 16 November 2022.
6. New storage heater in the hallway would be installed on 16 November 2022.
The landlord also stated that during their telephone conversation, the resident had made an allegation about the site manager locking her into the office with several other males. It said that it had spoken to the site manager who explained the office was used for pre-arranged appointments with customers and that the room was always locked for safety.
The landlord said the manager advised that he and another (male) officer were in the office on 11 October 2022 to meet a customer at 10 am. He said there was a knock at the door at 10 am and when the officer unlocked and opened the door, the resident had walked in at the same time as the customer and raised her voice at the manager. The landlord said the manager confirmed the office door was locked at this time as this was normal practice when staff were on site. The manager said that during the visit the resident had started to record the conversation with the manager, then she was asked to leave, and the officer let her out of the office as the door was locked.
On 2 November 2022, the resident raised a stage 2 complaint. Within her complaint the resident:
1. Disputed the landlord’s suggestion that it had attended to complete repairs and that she had declined access. The resident also said that she did not receive any cards through her door.
2. She had only ever received one clear email advising of when works would be completed, that was for 3 September 2022 however this had been moved to 16 November 2022.
3. Its response incorrectly suggested the asbestos (around the light) had not been scraped out or the kitchen electrics not done. She said they had been and the electrician couldn’t complete the job earlier because he didn’t have relevant parts.
4. Said she would like the landlord to “stop lying” and take responsibility for all issues that had occurred.
5. The resident requested compensation for “all the stress and inconvenience” caused to her.
On 16 November 2022 an extractor fan and heater were installed.
On 9 December 2022, the landlord provided a stage 2 final response. This referenced calls with the resident on 4 November 2022 and on 17 November 2022 when the resident had told it that she:
1. Believed the landlord had not listened to her when she first complained and had not properly investigated her complaint at stage 1.
2. Had not missed scheduled appointments as she was unsure of when the outstanding repairs were going to take place. Although cards had been left on a couple of occasions, she was not notified of these appointments.
The landlord said it had told her that repairs would take place on 16 November 2022 and when it called her on 17 November 2022, the resident had confirmed the repairs had been completed, except for the window. The landlord said it had agreed to look into this further and find out a date for replacement of windows and doors. It said if this was in the near future she had indicated she would be happy to wait for the replacement instead of a repair.
The landlord said during the call, it had discussed her complaint regarding the site office door being locked while she was in a room with male officers. The landlord said although her language used towards the team was inappropriate, she had explained her use of words and that she did not mean it this way. The landlord stated the resident said she felt there was no need to take this further. It said it had passed on her apology and comments and that these were gratefully received.
The landlord stated it was upholding her complaint as it had found a service failure. It said following investigations it could see there were no missed appointments as these had been unscheduled. It said it was sorry that she was not listened to.
The landlord said it was taking responsibility for the complaint not being handled as expected and to resolve her complaint, it offered £150 for:
1. £25 missed timescale for window repair.
2. £50 for lack of communication/colleague attitude in dealing with complaint.
3. £75 heath, safety and security due to outstanding repair for the window.

Post the landlord’s final response

On 16 December 2022, the resident replied to the landlord stating she was unhappy with the compensation offered and she would like the window fixed as soon as possible as it was -8 degrees outside.
In response to our information request, the landlord told us the windows and doors at the property were replaced on 23 September 2023.
In her recent communications with the Ombudsman, the resident told us the lack of heating was only resolved when the heaters were replaced in her property on 25 September 2023.
On 23 July 2024, the landlord confirmed the storage heaters and bathroom heater were replaced on 25 September 2023 as part of the decarbonisation programme at the resident’s block.

Assessment and findings

Outside of Jurisdiction

Paragraph 42a of the Scheme states that the Ombudsman will not consider complaints that are made prior to having exhausted the landlord’s complaints process. Therefore, in accordance with paragraph 42a, this Service is unable to consider the complaints regarding the landlord’s handling of the resident’s request to keep a pet and her report of an assault from her neighbour as these issues have not completed the landlord’s complaints process. The resident may wish to contact the landlord to make a complaint about these issues which could then be brought to the Ombudsman if she is not satisfied at the end of its complaints process.

The Scope of this Investigation

In response to our further information request, the landlord highlighted that problems with electrics within the resident’s property and the block had come to light but said it was currently in the process of addressing these. As these events took place after the date of its final response to the resident, they will not be considered in this investigation.

The landlord’s handling of reports of outstanding repairs

The resident’s tenancy agreement states the landlord will keep in repair the structure and exterior of the property including the windowsills, catches and frames. It also states the landlord will maintain and repair all heating installations.
The landlord’s responsive repairs policy explains timescales for repairs. If a repair is logged as an emergency, it will attend within 24 hours. For repairs categorised as an ‘appointable’ repair, it will attend within 28 days although this has been amended to ‘currently 60’ (days). For planned repairs, it will attend within 90 days.

Heating

The resident first reported no heating on 16 December 2021. It is not clear from the landlord’s repairs policy if it categorises reports of loss of heating as an emergency however depending on the time of year, it may be appropriate to treat such a report as an emergency. While the landlord’s contact notes indicate the resident was not at home to provide access at the time of her 16 December 2022 report, it would have put the landlord on notice that there was a problem with the resident’s heating. While the landlord’s records do not suggest the resident made any further reports over the next few weeks, given the time of year and potential risks of low indoor temperatures, good practice would be for the landlord to have followed up on the resident’s report to check that the heating issue had been resolved. However, there is no evidence of it doing so.
In her complaint raised approximately 3 months later, the resident reiterated to the landlord her report of a loss in heating. It is clear from the evidence that the landlord failed to act on this further report. The landlord’s repair contact notes indicate the resident continued to raise the issue of outstanding repairs including a loss of heating during her calls with it over the next 2 months. Given the urgency of the situation, the lack of any action taken by the landlord to investigate or address her reports of no heating, was inappropriate and indicates a failure by the landlord to act in accordance with its obligation under the tenancy agreement.
It was not until after the resident told the landlord on 9 June 2022 that she would withhold rent, that it arranged for its surveyor to inspect the property to assess the repairs needed. While this action was appropriate, the lack of any earlier inspection was unreasonable. Following its 22 June 2022 inspection, it raised jobs to install a new storage heater in the main room and a new heater in the bathroom and for a plumber to check the immersion tank. However, as it took the landlord around 3 weeks to raise these works (on 13 July 2022), this indicates a further delay. While it is likely the weather was milder at this time of year, given the previous delays, this further delay was inappropriate.
Although the landlord inspected and then installed a new immersion cylinder on 11 October 2022 as it had identified an issue with the water in the tank “losing temperature”, this did not resolve the lack of heating. The landlord’s records show it had identified that new storage heaters in the main room and bathroom were required although no further details are provided. The landlord did inform the resident of an appointment for a new heater and extractor fan in the bathroom to be completed on 2 September 2022, however it then told her that due to circumstances beyond its control, this appointment had been rescheduled to 30 September 2022. However, this appointment was also cancelled by the landlord.
The landlord’s repair notes refer to delays being caused by “not enough operatives or awaiting parts or operative sickness”. In its stage 1 response dated 27 October 2022 it confirmed that a further appointment had been made for 16 November 2022 for the new heater and extractor fan to be installed in the bathroom. However, it failed to acknowledge or explain the delay with resolving the lack of heating at the property up to that point. This indicates a lack of transparency by the landlord and a reluctance to take ownership of the repair or learn lessons to avoid the same issue reoccurring.
The landlord’s repair records seen by this Service indicate a new heater and extractor fan were installed in the bathroom on 16 November 2022 however it is unclear from the available evidence if new storage heaters were installed in the main room (as per its 13 July 2022 job) or in the hallway, as promised in its stage 1 response.
Both parties have since confirmed to this Service that new storage heaters were only installed in the property on 25 September 2023 (including an upgrade to the bathroom heater) which the landlord told us was carried out by its planned investment team as part of its decarbonisation programme for the resident’s block. This indicates that overall, it took the landlord approximately 21 months to replace storage heaters throughout the property to fully resolve the resident’s report of a lack of heating.
This far exceeded the timescales in its policy and constitutes a serious failing by the landlord. The impact of this failing on the resident is considered below.

Windows

The resident first reported gaps in the windows to the landlord on 16 December 2021. Its repair records indicate the landlord booked an appointment for its operative to attend on 15 March 2022. Although this was in line with its 60-day timescale, it recorded this appointment as ‘no access – property carded’. In her subsequent complaint dated 31 March 2022, the resident explained she had been at work when its operative attended and said she had not been informed of the appointment. During the inspection on 22 June 2022, the landlord identified that the sealed units had “broken down” and the handles were faulty. When the operative attended on 10 August 2022 to change the window handles, the appointment was recorded as ‘no access – property carded’. On this occasion the notes added by its operative refer to the resident having called them back to tell them she had not been informed of the appointment. In its final response the landlord acknowledged there had been no ‘missed’ appointments by the resident as these appointments had not been scheduled with her. The resident in this case was in full-time employment. This meant she was not usually at home during the day which she made the landlord aware of. It is reasonable to expect the landlord to have made reasonable efforts to arrange appointments for times that are convenient for the resident. This is in line with the landlord’s service standards as set out in its policy which says it offers a flexible appointment system, providing options for all day, morning, afternoon, school run and in exceptional circumstances, evening and weekend appointments.
Based on the evidence, the landlord did not follow its policy when handling the resident’s reports of faulty windows as there was a lack of communication at times and it did not consider her personal circumstances when scheduling appointments for its operatives to visit. This caused additional delay.
As at the date of the landlord’s final response, the window replacement works raised some 5 months earlier on 13 July 2022, remained outstanding. No interim repairs to address the gaps or broken handles had been provided. Bearing in mind the resident first reported this 12 months earlier, the lack of any action by the landlord to repair or replace the windows during this timeframe was inappropriate and demonstrates a failure to act in line with its obligations under the tenancy agreement.
In its final response, the landlord told the resident works to replace all the windows and doors on her estate had been planned and would take place by June 2023. In response to our evidence request the landlord provided us with a window and door completion report which shows the doors and windows were replaced within the property on 22 September 2023. Therefore, while this shows the landlord has fully resolved the reports of defective windows, the extended delay in replacing them and lack of interim repair provided is further evidence of the landlord not taking the resident’s reports regarding faults with the windows sufficiently seriously.

Other repairs

There were also some delays by the landlord in repairing the hall and kitchen lights. Although in its complaint responses the landlord stated it replaced the hallway light on 3 March 2022, its repair record dated 12 May 2022 states the hall light was not working which suggests either a further fault with the lighting had occurred or that this was not repaired on the earlier date as suggested. This record also refers to the kitchen light not having a cover. These repairs were completed 3 months later on 12 August 2022. The landlord’s records show it recorded ‘no access’ again for an appointment scheduled for 30 June 2022 and that it needed to complete an asbestos scrape to the ceiling before it could complete the kitchen light repair. Even so, the 3-month timeframe taken to complete the repairs indicates a delay by landlord in responding to this repair.

Summary

There was a prolonged delay by the landlord in replacing heaters and windows in the property which is indicative of the landlord failing to act in accordance with its obligations under the tenancy agreement. Furthermore, there is no evidence of it taking any steps to reduce the impact of the situation on the resident such as providing temporary heaters, completing interim repairs to the windows or considering temporary accommodation to the resident while the repairs remained outstanding. The resident told the landlord herself that gaps in the window allowed cold to get in. The effect of this coupled with no working heating system at the property was a potential health and safety risk to the resident. As such, it is clear there were serious failings in service by the landlord when responding to the resident’s reports of these outstanding repairs. The resident told this Service that she either relied on her own plug-in heater or stayed at her partner’s house while the issues remained unresolved.
The resident also explained to us that she has poor mental health. It is not clear from the available evidence if the landlord was made aware of this during the complaints process. Regardless, it is clear from her communications with the landlord that the outstanding repairs were having a seriously detrimental impact on the resident.
In its final response the landlord offered £150 in compensation for:
1. Missed timescales for the window repair (£25).
2. Lack of communication/colleague attitude in dealing with the complaint (£50).
3. Security/health and safety due to the outstanding repair for the window (£75).
Based on the serious failings identified above, there was severe maladministration by the landlord while handling the reports of outstanding repairs. The amount of compensation offered was inadequate and failed to put right the failings identified in this investigation. The redress offered fell significantly below the range recommended for severe maladministration in the Ombudsman’s Remedies guidance which starts at £1,000 in recognition of the severe long-term impact caused by more serious failings.
In the circumstances, an order has been included below for the landlord to pay the resident compensation of £2,847.27. The Ombudsman has taken into consideration the rent charge and the impact on the enjoyment of the property. This figure is based on an approximately 50% of the resident’s rent charge (£117.53 per week) from the date of her 16 December 2021 report until the date of the landlord’s final response on 9 December 2022 (£2,997.27) minus the £150 offered by the landlord during its complaints process.
It is also appropriate to order the landlord to consider paying further compensation (calculated at the same rate) to the resident for the ongoing lack of heating and repairs to the window for the timeframe from 10 December 2022 until these repairs were fully addressed on 25 September 2023.

The landlord’s handling of a concern about staff conduct

The resident’s complaint concerned an incident on 11 October 2022 involving her visiting the site manager within their office whereby she discovered the door had been locked. She was extremely uncomfortable with this as there was another male officer in the room.
It is not the Ombudsman’s role to determine if there has been misconduct or unprofessionalism by the landlord’s staff. However, we would expect the landlord to demonstrate that it thoroughly investigated such a concern and assessed if it needed to take any action for example staff training.
One way of investigating complaints regarding staff behaviour is putting these allegations to the officer against whom the complaint is made to gain their version of what happened before reaching any conclusion or deciding what if any action should be taken. Similarly, a landlord may interview any third parties who witnessed an event in order consider their understanding of what happened.
In its stage 1 response, the landlord said it had spoken to its site manager and explained their response and account of the incident. Although this was appropriate, this Service has not seen any records of such contact with the site manager or evidence to indicate how the landlord satisfied itself that its staff member had acted reasonably and professionally.
It is important that landlords keep clear, accurate and easily accessible records to provide an audit trail without which we may not be able to conclude that an action took place or that the landlord followed its own policies and procedures or acted reasonably. The lack of any records here showing its investigation into this complaint is evidence of poor knowledge and information management by the landlord. In its stage 1 response the landlord also failed to explain the basis of the outcome reached based on its investigation into her concern, indicating poor communication by the landlord.
In its stage 2 response the landlord referred to discussing this concern with the resident during calls in November 2022 however again, no call notes have been provided. The landlord suggested the resident used inappropriate language while talking to the site manager and that she requested for it to apologise to the staff member in question. In its response, the landlord also stated that after discussing the matter at length with her, she felt it was not necessary to take it further. In her referral to this Service, it is noted that the resident disputed the landlord’s accusations against her and its account of calls with her.
Again, the landlord’s failure to keep records of its investigation including its conversations with the resident while trying to resolve her concern or any interviews with staff means the landlord has not been able to demonstrate it carried out its investigation of this concern in a fair and impartial manner.
Therefore, based on the available evidence, this Service is not satisfied the landlord responded to this complaint appropriately as there is no evidence it carried out a thorough or fair investigation of the concerns raised. The explanations provided to the resident in its complaint responses were also inadequate. This is indicative of maladministration by the landlord.

Complaint handling

The landlord operates a 2-stage complaints process. Its policy states at stage 1 the landlord must put the complaint right within 24 hrs known as ‘on-the-spot’ or if it was unable to, consider it as a stage 1 complaint to be acknowledged within 5 working days and responded to within 10 working days. Its policy also states at stage 2, it will acknowledge the complaint within 3 working days and provide a response within 20 working days.
When the resident asked to raise a complaint regarding the landlord’s handling of repairs on 31 March 2022, it told the resident it would provide a response soon. There is no evidence of the landlord logging a complaint or of it providing a complaint response. The landlord’s failure to follow its complaints policy and provide a response as agreed, was inappropriate.
When the resident told the landlord on 9 June 2022 that she was withholding rent due to her outstanding complaint about repairs, as noted above, it took steps to progress the repairs. However, the landlord also failed to log a complaint at this stage despite noting in its internal communications that the resident was still unhappy with its handling of the issue. It was only after further contact from the resident and intervention from the Ombudsman in October 2022 that the landlord provided the resident with a stage 1 complaint response (on 27 October 2022).
The landlord’s failure to log, investigate or provide a response to the resident’s stage 1 complaint until nearly 7 months after the resident first raised a complaint, is evidence of the landlord obstructing the resident’s access to its complaints process for an extended period. This unreasonable delay was unacceptable and prolonged the complaints process and ultimately redress for the resident.
The landlord has not acknowledged or explained its actions. This is further evidence of the landlord’s unwillingness to learn lessons and drive improvements in service delivery to prevent the same situation reoccurring. These issues demonstrate a serious failing in the service provided by the landlord while handling the resident’s complaint. This is indicative of maladministration by the landlord while handling the resident’s related complaint.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration by the landlord when handling reports of outstanding repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord when handling a concern about staff conduct.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord while handling the related complaint.

Orders and recommendations

The Ombudsman orders that the landlord to:
1. Within 4 weeks, provide a written apology to the resident from the chief executive for the failings in this review.
2. Within 4 weeks, pay total additional compensation of £3,297.27 made up of:
  1. £2,847.27 for distress, inconvenience time and trouble for failings while handling reports of outstanding repairs.
  2. £150 for distress, inconvenience time and trouble for failings while handling a concern about staff conduct.
  3. £300 for distress, inconvenience time and trouble for failings while handling the related complaint.
3. Within 4 weeks, consider paying further compensation (calculated at the same rate) to the resident for the ongoing lack of heating and repairs to the window for the timeframe from 10 December 2022 until these were full addressed on 25 September 2023.
4. Within 4 weeks, contact the resident regarding her vulnerabilities to clarify these and ensure they are correctly record on its system.
5. Within 8 weeks, undertake a review of its repair and complaint handling processes to address the failings identified in this investigation.
6. Provide us with evidence of compliance with these orders.