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Torus62 Limited (202330480)

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REPORT

COMPLAINT 202330480

Torus62 Limited

25 April 2025


Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about the landlord’s handling of multiple repair issues including flooring, kitchen works, plastering, and decorating.

Background

  1. The resident lives at a 3 bedroom semi–detached house under an assured tenancy agreement with the landlord. The landlord has no vulnerabilities recorded for the resident.
  2. Following previous reports and attendances for major structural issues at the resident’s property, the landlord responded to reports of cracks and tree roots in October 2022 by arranging surveyor’s inspections from November 2022. A job was then initially raised by the landlord on 23 November 2022 to complete works to renew the floors in the hall, kitchen, and living room. Later works to renew the resident’s kitchen, plaster the stairs, landing, and the chimney breast in the kitchen and to redecorate were due to take place after the flooring works. The resident therefore moved out to stay with relatives to allow the works to take place. However, there was a delay and the quote for the work was not received until April 2023.
  3. The resident made a complaint to the landlord on 17 August 2023 regarding the length of time she had been waiting for the flooring and structural repairs and follow on works. The resident also complained about the dangerous condition of her property delays in the landlord arranging for her belongings to be put in storage. The resident said she was seeking a date for her belongings to be put into storage, and a date for the start of the works.
  4. The landlord issued its stage 1 response on 24 August 2023 and confirmed that it would arrange to put the resident’s belongings into storage on 8 September 2023, and then the works would start on 11 September 2023. The landlord apologised for unreasonable delays, upheld the resident’s complaint at stage 1, and initially offered the resident £100 compensation. This was rejected by the resident because she did not feel that the compensation was enough to recognise the delay, stress, and anxiety the experience had caused her. The landlord then increased the amount of compensation to £250, but the resident further rejected this amount and said she was seeking £350 per month since the matter was reported to the landlord. The resident repeated the effect the experience had on her mental health and her 2 children.
  5. The landlord therefore reassessed the level of compensation again and, on 8 September 2023, offered the resident £2,000 in recognition of the detrimental effect of the delays. It also acknowledged that the resident had been living with relatives after moving out due to the condition of the property. The resident accepted the landlord’s compensation offer the same day. The resident contacted the landlord again on 21 September 2023 and said that the poor standard of the incomplete repairs were causing her distress, the experience was affecting her mental health, and she was unwilling to move back until every job had been done to a liveable standard. The resident also said she wished she had not accepted the £2,000 compensation. The resident requested for her complaint to be escalated to stage 2.
  6. The landlord issued its stage 2 response on 7 November 2023 and upheld the complaint due to the delays in the works being completed. The landlord said the concrete flooring had been laid on 2 November 2023, and plastering and kitchen works would begin on 9 and 13 November 2023, respectively. The landlord also confirmed that decoration works would begin once the plastering had dried. It also said that all works would be post inspected after completion. The landlord apologised to the resident for the experience and made a further offer of compensation totalling £1,250 in recognition of the continuing problems, broken down as: £500 for the delays, £250 for the poor communication, and £500 for the distress and inconvenience. This compensation was in addition to the £2,000 at stage 1.
  7. The resident contacted the service on 29 November 2023 and said she wanted to be able to move back into her property but there had been a lack of communication from the landlord. She also said she was seeking increased compensation for the upheaval and effect on her mental health, flooring, and decorations. The resident has since told us that there were more issues with structural repair at her property, and with the landlord’s handling of these, after she moved back to her property in February 2024 that have continued up to the present.

Assessment and findings

Scope of the investigation

  1. The resident has mentioned that she was seeking compensation for the effect on her mental health, flooring, and decorations. This is very concerning. We are unable under the Scheme, however, to draw conclusions on the causes of, or liability for, effects on health and wellbeing or other damages. Matters of personal injury or damage to health, their investigation and compensation, are not part of the complaints process, and are more appropriately addressed by the courts or the landlord’s liability insurer as a personal injury claim. We do not have the authority or expertise to determine legal liability for such claims or for property damage in the way the courts or an insurer might Therefore, the effect on the resident’s health and wellbeing is outside the scope of this investigation to consider. The landlord has therefore been recommended to give the resident details to allow her to make a claim against its liability insurance for the damages she reported to her health, flooring, and decorations.
  2. It is also noted that the resident began reporting structural repairs at her property to the landlord from shortly after she moved there in 2021. However, under the Scheme, we are unable to consider its handling of these works earlier than 12 months before her complaint to it in August 2023. This is because we may not consider complaints that were not brought to the landlord’s attention as a formal complaint within a reasonable period of normally within 12 months of the matters arising. Therefore, the scope of this investigation is limited to considering the landlord’s handling of repairs from August 2022 onwards.
  3. Furthermore, we can see that the resident experienced more issues with the landlord’s handling of her property’s structural repairs after its stage 2 response in November 2023, and after she moved back there in February 2024, that are currently still occurring. This is very concerning. However, under the Scheme, we may not consider complaints made prior to exhausting the landlord’s complaints procedure. As there is no evidence that a complaint about the landlord’s handling of the resident’s later structural repairs after its stage 2 response has exhausted its complaints procedure yet, this is not something we can currently investigate within the scope of this investigation. The landlord has therefore been recommended to contact the resident to discuss accepting a complaint from her about its handling of her property’s structural repairs after its stage 2 response up to the present.

The landlord’s handling of the repairs

  1. The landlord’s responsive repairs and maintenance policy says that programmed/planned repairs, including complex and multiple structural repairs, aim to be completed within 60 days of reporting. It also says that, if delays happen, it will inform residents and take steps to mitigate the situation. In this case, new structural kitchen wall crack and living room floor repairs were reported on 9 and 31 October 2022, which the landlord surveyed within its above timescale on 2 and 22 November 2022. According to the landlord’s repair logs and policy, the target dates for completion should therefore have been 8 and 30 December 2022. However, given the complex and multiple nature of the structural repairs, it was understandable that these first needed specialist structural surveys to be identified and arranged before works could be raised on 23 November 2022. Nevertheless, the deadline for completion from that date by 22 January 2023 was not met either, and a quote for the works was not received until April 2023, which was a delay of 3 months.
  2. According to the landlord’s repair logs, the resident was told by its contractor on 22 February 2023 that she needed to be temporarily moved or decanted from 13 March 2023 for up to 4 weeks to allow for the major works to recement the flooring, which it said was classed as major works. However, there was poor communication from the landlord, which resulted in the resident having to repeatedly contact the landlord on at least 8 separate occasions between March and August 2023 to chase up the storage of her belongings. This was not helpful or appropriate and the landlord should have returned the resident’s calls chasing this within a reasonable timeframe.
  3. This caused a further 5 months’ delay, which was unreasonable and resulted in the resident making a formal complaint to the landlord on 17 August 2023, and it was not until 8 September 2023 that the resident’s belongings were moved. Had the landlord been more proactive in its approach and made sure its communication with the resident was appropriate, the delays could have been limited and the resident may not have needed to complain. The above delays were therefore a breach of the landlord’s policy which, although acknowledged, if the landlord had taken a more proactive approach, this would have reduced the effect on the resident, who was inconvenienced as a result.
  4. The landlord offered £2,000 in recognition of the detrimental effect that the delays had presented to the resident. The landlord’s discretionary compensation policy says compensation may be considered where there has been “avoidable inconvenience, distress, detriment or unfair impact resulting from a service failure”. The compensation offered was appropriate at that stage and is in line with the Ombudsman’s remedies guidance’s recommended range of compensation significant failures that had a seriously detrimental effect on the resident.
  5. Due to the ongoing delays and inconvenience, the resident escalated her complaint to stage 2 in November 2023. The landlord’s response upheld the complaint due to the ongoing delays, which was appropriate. It also confirmed that the floor was laid on 2 November 2023 and later works to the kitchen and plastering were due on 9 and 13 November 2023, and assurances were given that a post inspection of the works and the decorating would then be arranged.
  6. The landlord provided further compensation of £1,250 for the additional delays, poor communication, distress, and inconvenience. The compensation offered was in line with the landlord’s discretionary compensation policy that considered the “duration of any avoidable distress or inconvenience”, and the “impact on the resident’s living arrangements”. This amount was proportionate and falls in line with our remedies guidance’s recommended range of compensation for significant failures that had a seriously detrimental effect on the resident.
  7. The overall compensation was therefore reasonable and proportionate, and in line with the landlord’s discretionary compensation policy and our remedies guidance. Therefore, the landlord has been recommended to pay the resident the £3,250 compensation it previously offered her, if it has not done so already. This determination is based on it doing so.
  8. Following the stage 2 response, the service is aware that there were further delays following further detailed investigations, which found that the new concrete floor had inconsistencies. The landlord took the decision to carry out further intrusive investigations and drilling, which found the works had not been carried out in line with the landlord’s specification for the concrete.
  9. The landlord instructed new contractors to remove the new kitchen and excavate and re–lay the ground floor to the correct specification. The works were then completed to the required standard. The works were post inspected and passed as complete on 9 February 2024, which was a further 5–month delay from when the resident’s belongings were moved on 8 September 2023.
  10. The landlord offered further discretionary compensation of £600 in recognition that the resident was paying full rent and not being able to live at the property. It also noted that the resident was paying toward her relatives’ bills while staying with them. This delay occurred after the stage 2 response, therefore this falls outside the remit of this investigation, as explained above.
  11. The service also notes that the resident has reported ongoing structural issues and is awaiting further investigations. The resident also mentions further effects such as not being able to carpet and the possibility of further disruption to her and her family. This is concerning, however this falls outside the remit of this investigation due to the ongoing issues being after stage 2, as also explained above.
  12. The Ombudsman previously ordered the landlord to carry out a review of its policy and practice in relation to responding to repairs, decants, complaints, and communication. Some of the issues identified in this case are similar to the cases already determined. The landlord has demonstrated compliance with our previous wider orders so we have not made any orders or recommendations as part of this case that would duplicate those already made to landlord. The landlord itself should consider whether there are any additional issues arising from this later case that require further action.

Determination

  1. In accordance with paragraph 53.b. of the Scheme, the landlord offered reasonable redress in relation to its handling of multiple repair issues including flooring, kitchen works, plastering, and decorating.

Recommendations

  1. The landlord is recommended to:
    1. If it has not done so already, pay the resident the compensation of £3,250 it previously offered her. This determination is based on it doing so.
    2. Give the resident details to allow her to make a claim against its liability insurance for the damages she reported to her health, flooring, and decorations.
    3. Contact the resident to discuss accepting a complaint from her about its handling of her property’s structural repairs after its stage 2 response up to the present.