Accent Housing Limited (202344983)

REPORT

COMPLAINT 202344983

Accent Housing Limited

27 August 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

The complaint is about the landlord’s:
1. handling of window repairs causing damp/mould
2. complaint handling

Background

The resident is a leaseholder who has a tenant in the property. The landlord is a housing association. The property is a flat. The leaseholder has given the tenant permission to deal with issues on his behalf. For this report we shall refer to both the leaseholder and tenant as the resident. The landlord does not have any vulnerabilities recorded for the resident.
The resident told us he first raised issues about the window in October 2019 and raised an online form about the repairs on 10 October 2022.
The resident made a stage 1 complaint on 27 March 2023. He raised the level of service from the landlord’s contractor and delays to repairs to the bedroom window.
The landlord issued its stage 1 complaint on 26 April 2023. The response apologised for the poor service, and an appointment made for 2 May 2023 to complete remedial works internally to the bedroom window.
On 5 July 2023, the resident escalated their complaint to stage 2 of the complaint process. The resident wanted to complain about delays and said he could not use the bedroom every time it rains.
On 17 August 2023, the landlord issued its stage 2 complaint response. It said it had reviewed all repairs, communications and appointments that had occurred.
The landlord’s response goes on to detail when it was made aware of the “water ingress,” appointments made, if they were attended or not, and the outcome. It also details that there was an administrative failure between the landlord and the contractor. The landlord told the contractor it was an external repair to the windows to be carried out as planned work. This meant the repair was cancelled.
The landlord’s states a visit took place on 11 August 2023, and the windows were sealed internally as a temporary repair. The landlord offered a gesture of goodwill of £150 for the inconvenience caused to the resident. It also apologised for any inconvenience, and that the resident had cause to complain.
On 7 March 2024, the resident brought their complaint to this Service as he remained dissatisfied with the landlord’s complaint responses and the issues were still outstanding.

Assessment and findings

The landlord’s handling of window repairs causing damp/mould

The landlord has a responsibility under the Housing Health and Safety Rating System (HHSRS), introduced by The Housing Act 2004, to assess hazards and risks. Damp and mould growth are a potential hazard. The landlord must consider whether any damp and mould problems in its properties amount to a hazard that may require a remedy.
The landlord could not provide a copy of the lease for the property in question. It provides a redacted copy of an original lease. The landlord said it was in relation to a similar flat, in the same block and the original lease was signed at a similar time. The landlord said “it is reasonable to assume that the covenants and responsibilities are similar and can therefore be relied upon” for the property in this case.
The lease states the landlord “shall maintain, repair, redecorate and renew…the main structure of building including…windows.”
On 29 July 2024, the landlord told us “we have been advised by our Homeownership Team that the original lease for flat 5 is not registered with Land Registry.”
On 5 August 2025, a Land Registry online check showed there are 2 entries for the address in question. This was 1 freehold and 1 leasehold.
A landlord should have systems in place to maintain accurate records including repair reports, responses, investigations, and communications. Good record keeping is vital to evidence the action a landlord has taken, and failure to keep adequate records indicates that the landlord’s processes are not operating effectively.
The landlord provided us with policies and procedures from October 2022 to June 2024 including its policies relating to damp, mould and condensation and responsive repairs.
On 10 October 2022, the landlord’s repairs history records a telephone call from the resident about the rotten windowsill and “fears…may fall on someone.” On the same day, the resident emailed the landlord about the planned works to replace the windows. The landlord said it was waiting for planning consent.
The records state the resident says he was told in October 2019 it would be done in 10 weeks. We have not seen any evidence of the issue being reported or recorded in October 2019.
Between 13 October 2022 and 21 November 2022, the landlord has recorded 3 entries of contact made by the resident to the landlord. One entry states the situation was affecting his health and unable to sleep in the rear of property.
On 25 November 2022, the landlord contacted the resident and confirmed the surveyor had given permission for a temporary repair and it had 28 days to complete this. The landlord also apologised for the delay to the planned work to replace the windows. It said planning permission was received “last month.”
The landlord’s policy on responsive repairs does not make comment on planned works. Responsive repairs are where the repairs required do not pose an immediate risk to customers or the property, and/or possessions. Repairs will be carried out within 28 days. From 10 October 2022 to 25 November 2022 47 days. This is unreasonable in the circumstances.
On 30 November 2022 and 13 December 2022, the landlord confirmed that a repair order had been raised to address the leak through the window.
The landlord’s damp, mould, and condensation procedure states that any failure to complete work within timescales will be escalated to the Building Services Manager. There is no evidence this happened in this case.
The landlord’s repairs history shows that between 30 November 2022 and 11 August 2023, there are multiple entries of contact between the resident and the landlord. The landlord stated in its stage 2 response that the temporary repair was completed on 11 August 2023. From 30 November 2022 to 11 August 2023 this is 255 days.
On 8 August 2023, the landlord’s repairs history states a job was cancelled for the reason “cannot complete GDPR without correct entries”. The consent form from the resident was provided to the landlord on 29 November 2022. This was unreasonable in the circumstances.
In total from the report of the issue on 10 October 2022 to completion of the temporary repair on 11 August 2023, this was a total of 306 days. This was unreasonable in the circumstances.
On 2 December 2022, the landlord’s repair history shows it raised a job to “undertake remedial repairs.” The records show this job:
1. was allocated 16 times
2. had the wrong trade assigned
3. had 4 contractor amendments
4. had 3 tenant amendments
5. had 15 no access
6. requires a roofer and scaffolding
7. entries topped after 27 February 2023
There is no evidence to show if appointments with no access were booked with the resident or not. There are no further details relating to what the contractor or tenant amendments were.
On 8 December 2022, the resident contacted the landlord stating someone was due to attend the property on 6 December 2022 between 12pm and 6pm. This was cancelled at 2pm on the day. The resident also reported that the appointment was rescheduled for 19 December 2022.
The landlord applied for planning permission for the window replacement on 22 June 2022. The local authority granted this on 19 October 2022. This timeframe was outside of the landlord’s control.
But the section 20 process for the planned works started on 13 July 2023. From 19 October 2022 this was 184 working days. There is no evidence to show the reasons for the delay in starting the section 20 process or the length of time to replace the windows.
In the period of October 2022 to February 2024 there are:
1. 21 entries recorded for contact from the resident to the landlord
2. 14 entries recorded for contact from the landlord to the resident
This shows there was a level of communication between the resident and landlord.
On 27 October 2022, the landlord’s records show the resident called it. The landlord said it would speak to its surveyor “next week to see if there’s anything we can do to assist.”
But there is evidence to show the resident had to email on a further 2 occasions because the landlord “promised to report back…with a plan to stop water ingress.” On 25 November 2022, the landlord replied “…surveyor has granted permission to raise the temporary repair.” This was after 22 working days and was unreasonable in the circumstances.
We have seen evidence that the landlord informed the resident of the contractor for the planned works with next steps and timescales. This was after the section 20 process had finished.
Before the section 20 process began, there is little evidence of communication to the resident for the planned works. Before the process started the communication was “awaiting planning consent,” “this won’t be until next year,” “getting quotes and then starting the section 20 process.” The landlord missed the opportunity to keep the resident fully informed with more detail about the overall process. This may have assisted in maintaining the landlord and tenant relationship.
On 7 March 2024, the resident told us “…my heating is going out the window and the dripping from the gutter that has rotted my bedroom windowsill keeping me up at night, forcing me to sleep in my front room on the sofa.”
From the initial report of the water ingress on 10 October 2022 to the window replacement and signed off as complete on 26th June 2024 this was 626 days. This is unreasonable in all the circumstances.
This Service’s spotlight report on damp and mould, published October 2021, provides recommendations for landlords which set out 26 recommendations which included:
1. Adopt a zero-tolerance approach to damp and mould interventions. Landlords should review their current strategy and consider whether their approach will achieve this.
2. Ensure they can identify complex cases at an early stage and have a strategy for keeping residents informed and effective resolution.
3. Ensure they clearly and regularly communicate with their residents regarding actions taken or otherwise to resolve reports of damp and mould.
4. Identify where an independent, mutually agreed, and suitable qualified surveyor should be used, share the outcomes of all surveys and inspections with residents to help them understand the findings and be clear on next steps. Landlords should act on accepted survey recommendations in a timely manner.
In all the circumstances together with the findings of:
1. substantial delays in handling the window repairs
2. errors in record keeping
3. gaps in communication with the resident
We found maladministration in relation to the landlord’s handling of window repairs. We have ordered the landlord to pay the resident £600 compensation for the distress and inconvenience. This is in line with our Remedies Guidance published on our website.
The Ombudsman has previously determined several investigations involving requests for repairs. As a result of these, an order was issued to the landlord. This was for the landlord to review its policy or practice in relation to the service failures identified, which may give rise to further complaints about the matter.
Some of the issues identified in this case are similar to the case 202230744 already determined. The landlord has demonstrated compliance with our previous wider order so we have not made any orders or recommendations as part of this case, which 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.

The landlord’s complaint handling

The resident made his stage 1 complaint on 27 March 2023. On 20 April 2023, the landlord acknowledged the complaint. This was 17 working days from the resident making the complaint. This was unreasonable in the circumstances and is not in line with the Ombudsman’s Complaint Handling Code or the landlord’s policy.
The landlord’s provided its stage 1 response 4 working days after it had acknowledged the complaint. The response was brief to the matters raised. While the landlord offered an apology in relation to poor service by the contractor, there is no apology or explanation for the delays in repairs. This was unreasonable in the circumstances and was not in line with the Ombudsman’s Complaint Handling Code.
On 5 July 2023, the resident escalated the complaint to stage 2 of the process. The landlord acknowledged this on 18 July 2023. This was 10 working days from the resident escalating his complaint. This was unreasonable in the circumstances, and it was not in line with the landlord’s policy.
On 17 August 2023, the landlord issued its stage 2 response. This was 23 working days from the complaint acknowledgment. The response apologises for the miscommunication causing inconvenience and was working with its contractors to prevent it happening again. This was not in line with the landlord’s policy.
In its stage 2 complaint response the landlord states it was made aware of the water coming through the bedroom window in November 2022. This is contrary to the landlord’s evidence we have seen. This is unreasonable in the circumstances.
The response also states that on 11 August 2023 the windows were sealed as a temporary repair. The landlord’s response also describes the legal process (section 20 consultation) required for the planned works to replacement the windows and makes the offer of a goodwill gesture.
The landlord could have been more proactive in its complaint response by providing more detail on timescales relating to the section 20 consultation process. This would have provided better customer service in all the circumstances.
We found service failure in relation to the landlord’s complaint handling in that it failed to apply its own policies and /or procedures. We have ordered the landlord to pay the resident £100 compensation for the distress and inconvenience. This is in line with our Remedies Guidance published on our website.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration with regards to the landlord’s handling of window repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure with regards to the landlord’s complaint handling.

Orders and recommendations

Orders

Within 4 weeks the landlord should:
1. Provide an apology to the leaseholder with details of what improvements have been made to processes and policies since the time of these issues.
2. Pay £700 directly to the leaseholder made up of:
  1. £600 for the handling of maintenance and repairs
  2. £100 for the landlord’s complaint handling
The landlord must provide evidence of compliance with these orders to the Ombudsman within 4 weeks of the date of this decision.

Recommendations

Provide refresher training for all complaint handling staff. Further information can be found in the Housing Ombudsman Scheme’s Complaint Handling Code.
Provide refresher training relating to record-keeping, to make sure all staff are aware of the importance of keeping comprehensive and accurate records. Further information can be found in the Ombudsman’s Spotlight Report on Knowledge and Information Management (KIM).