Paragon Asra Housing Limited (202326238)

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REPORT

COMPLAINT 202326238

Paragon Asra Housing Limited

28 May 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 the:
    1. Resident’s reports about damage to the brickwork in the property.
    2. Associated complaints.

Background

  1. The resident has an assured tenancy with the landlord, a housing association, which began in 1995. The property is an end-terrace house. The landlord advised that its records show the resident has physical health issues.
  2. On 9 February 2023 the resident reported blown plaster to the kitchen wall due to damp. The landlord noted it would attend and carry out the repairs. The landlord attended around 2 March 2023 and noted there was damage to the south facing wall in the kitchen. It arranged to install a new moisture resistant plasterboard, including insulation and brick repair.
  3. On 18 April 2023 the resident said an operative attended on the day and advised that external works were needed to the wall before other works. He said he had been waiting 3 months for the repair. The resident also chased up the repair on 27 June 2023 and was offered an appointment for 30 June 2023.
  4. The resident submitted a stage 1 complaint on 19 September 2023 that the repair to the wall, reported in February 2023 had not been resolved. He said this was due to missed or cancelled appointments and operatives not carrying out works when they attended. He said the condition of the wall had become worse, as they could see daylight through the holes and rainwater was penetrating through.
  5. The landlord acknowledged in its stage 1 response dated 18 October 2023 that the level of service experienced by the resident was not to the expected standard. It apologised and arranged works to repair holes in the external brick wall, followed by plastering and decorative works. It said a suitable date would be confirmed with the resident and it offered £350 for the time and trouble, distress and inconvenience caused.
  6. The landlord (contractors) attended on 13 and 15 November 2023 but noted further pointing works were needed due to the scope of works. The resident raised a stage 2 complaint on 21 November 2023. He said the repairs promised by the landlord remained unresolved.
  7. Following visits in March and April 2024, the landlord noted on 23 April 2024 that a structural engineer was needed, due to the extent of damage to the external brickwork. The landlord said a structural survey was conducted in June 2024 and works completed in August 2024. The resident advised on 25 September 2024 that the landlord had not responded to the stage 2 complaint. On 12 November 2024 the landlord discussed contacting the resident to follow up the concern about a slight issue to the wall.
  8. The landlord responded to the stage 2 complaint on 14 November 2024 and upheld the complaint. It said further to the redress previously offered, it was responsible for delays between October 2023 and April 2024. In addition to the £350 offered on 18 October 2023, it awarded £450 broken down as:
    1. £250 for the delays to the repairs and inconvenience caused.
    2. £200 for the delay in escalating complaint.

Events after the complaints process was exhausted

  1. On 14 November 2024 the resident asked the landlord to review the compensation awarded. The landlord awarded an additional £200 to cover the additional expenses due to heating loss (£100) and the social issues caused (£100). This brought the total compensation to £1000.
  2. The resident advised us in a telephone call on 20 May 2025 that the repairs have been resolved. He said the compensation offered does not reflect the misery caused, due to the extensive delays in carrying out the repair.

Assessment and findings

Resident’s reports about damage to the brickwork in the property

  1. According to the landlord’s repairs policy it aims to complete non-emergency repairs within 15 working days. These include plasterwork, external repairs to walls, and pathways.
  2. The landlord’s compensation policy states that it would award up to £500 for serious or prolonged service failure causing severe distress, disruption, inconvenience, or loss of income. The amount offered will be reasonable, justifiable, and proportionate based on personal impact. It will also consider the time taken to resolve the problem and any costs incurred.
  3. It is a fundamental part of providing a good repairs service to keep an accurate record of repairs. This should include dates repairs were requested, accurate details of the works required, dates of appointments and works completed. In our assessment of the landlord’s handling of the resident’s reports about the repairs, we were unable to ascertain most of the above information from the records provided by the landlord.
  4. Therefore, we have referred to the limited information in the repairs log, the resident’s emails, and the landlord’s internal emails to determine the events that occurred in this case. The landlord has not demonstrated that it kept an accurate record of the repairs in this case. This is not appropriate.
  5. Following the resident’s report on 9 February 2023 the landlord visited on 2 March 2023 (within 16 working days) and noted repairs were needed to the kitchen wall. Although the landlord advised that the recommended works were carried out, this was not recorded in the repairs log provided to us.
  6. The resident expressed dissatisfaction on 18 April 2023 that after waiting 3 months, an operative attended and advised that extensive repairs were needed. And they were unable to carry out any repairs that day. At this time, the repair had exceeded the 15 working days timeframe published in the landlord’s repairs log. If the landlord anticipated the repairs could take longer, it should have informed the resident to help manage his expectations. We have not seen evidence that the landlord did so. This is unreasonable.
  7. Following contact by the resident on 27 June 2023 (approximately 5 months after the repair was raised) for an update, the landlord booked an appointment for 30 June 2023. This shows that the landlord was not proactive in dealing with the repair. We have not been able to determine the events that occurred from 30 June until September 2023 due to the limited information.
  8. The resident raised a formal complaint on 19 September 2023 and asked for urgent repairs to resolve the issue. He said due to the prolonged delay in repairing the wall, rainwater was leaking into the property, and daylight was coming through the holes in the wall. He said the un-plastered brickwork was unsightly. This shows the resident experienced distress, frustration, and inconvenience.
  9. The landlord noted in its internal email on 6 October 2023 that it potentially needed a surveyor visit to determine any structural issues. It said this was previously raised by the contractors on 25 April 2023 but no action was taken. It further said the complaint would be upheld due to delays and failure to follow up works. The landlord showed some learning at this stage.
  10. In its stage 1 response on 18 October 2023 the landlord apologised for the delay in completing the repair and for the poor communication. It assured the resident that works would be carried out to the wall, followed by decorative works and a survey to inspect the other wall. It offered the 23 October 2023 to commence works but the resident requested another date. Although it assured the resident that it would reschedule the appointment, it failed to do so. This caused further delays and frustration for the resident.
  11. Despite the assurances made, the resident reported to the landlord on 1 November 2023 that his kitchen was like a pond, as rain continued to leak into the property. Based on the evidence, the landlord did not assess any detriment to the resident, even though it noted he has physical health issues. We have not seen evidence that it considered if any temporary measures were needed to mitigate the conditions described. This is unreasonable.
  12. The resident also advised us on 14 January 2024 that cold air rushed in through the holes. On 5 March 2024 the resident requested compensation for the additional costs incurred in heating the property due to the holes. From the evidence seen, the landlord did not contact the resident to discuss this further, to assess the impact of the continued heat loss in the property. This was not appropriate.
  13. According to the landlord’s stage 2 response on 14 November 2024 the repairs were completed in August 2024 (approximately 18 months after the repair was reported). This was a significant period during which the resident experienced water penetration, light and cold air coming into the property. The evidence provided to us does not clearly explain the cause of the prolonged delays occurred. However, the landlord explained in the stage 2 response that:
    1. There were delays between October 2023 (when the stage 1 response was sent) and 23 April 2024 when the survey was conducted.
    2. A structural survey was carried out in June 2024 and works allocated to a contractor in July 2024.
    3. They completed the works identified in August 2024 and this was post inspected by its major works surveyor.
    4. Snagging issues raised by the resident would be looked into on 20 November 2024.
    5. Failure to raise the required repairs in a timely manner and administrative errors identified, were factors that contributed to the delays in getting the works done on time.
  14. We acknowledge the steps taken by the landlord to resolve the repairs though late in the complaints process, and far outside its published timescales for non-urgent repairs.
  15. The landlord awarded a total compensation of £800 broken down as:
    1. £650 for the distress and inconvenience caused.
    2. £50 for the missed appointments and cancellations.
    3. £100 for the additional cost of heating.
  16. While the landlord accepted there was poor communication, administrative errors, and failure to act quickly to resolve the repairs, it is unreasonable that it concluded it could only consider compensation for the period between February 2023 until April 2024. It said the delay between April 2024 and August 2024 was due to the significant structural issues it needed to address which took time. This is not acceptable. The landlord had ample time to investigate this issue, but it missed several opportunities to do so in a timely manner. This caused unnecessary delays, distress, and inconvenience to the resident for many months.
  17. In a telephone conversation with us on 20 May 2025 the resident said he always maintained the property and kept it well decorated, but the extended delays in resolving the structural issue caused distress as he was unable to put the damage right. This was the landlord’s responsibility, but it failed to address the issue within a reasonable time. It took approximately 19 months to put things right. This was not appropriate.
  18. The landlord’s compensation award of £800 goes above the maximum amount  (£500) set out in its compensation policy. This is also consistent with our remedies guidance for severe maladministration, which has had a significant impact on the resident. While this is acknowledged, the landlord:
    1. Did not offer redress for the detriment to the resident for further delays between April until August 2024.
    2. Said it was unable to accurately calculate the loss of heating through the holes, but we have not seen evidence that it asked the resident for information to assist with deciding on a suitable amount.
    3. Did not clearly set out how it reached the settlement figure of £100 for the duration of the inconvenience reported.
    4. Advised in the stage 2 response that it will learn from the case, but it did not set out any measures to improve its records management, communication, and repairs service.
  19. Due to the above, we have found maladministration in the landlord’s handling of the repairs. An order has been made for the landlord to pay the resident an additional £500 as redress.
  20. This brings the total award to £1300 and replaces the £800 awarded at the end of its complaints process.
  21. This is in line with our remedies guidance for failures which have had a significant impact on a resident, where the landlord has made some attempts to put things right, but the offer was not proportionate to the failings identified in our investigations.

The associated complaints

  1. The landlord has a 2-stage complaints handling process. It would aim to respond to complaints at stage 1 within 10 working days and stage 2 within 20 working days. Where it has agreed a solution with the resident, it will not close the complaint until all outstanding actions are completed. The policy further states it will create business practices where all employees listen, update, resolve and learn from customer complaints.
  2. The landlord responded to the stage 1 complaint within the published timescales, but the actions agreed were not closely monitored. In the stage 1 response, it assured the resident that the appointment offered for 23 October 2023 would be rescheduled and confirmed with him. We have seen from the resident’s email on 27 October 2023, and the landlord’s internal email on 2 November 2023 that it failed to reschedule the complaint. This caused the resident time and trouble in chasing up the matter and uncertainty regarding the repairs.
  3. There were significant delays in responding to the stage 2 complaint. The resident submitted the complaint on 21 November 2023 and the landlord subsequently acknowledged the complaint on 30 November 2023. As of September 2024 the resident advised us that the landlord had not responded to his complaint. It took intervention from this service for the landlord to provide a formal response on 14 November 2024 (approximately 12 months after the complaint was raised). These were exceptional delays which caused the resident frustration and time and trouble. It is noted that the repairs were resolved before it issued the stage 2 response, which was long overdue.
  4. The landlord apologised for the inconvenience caused and acknowledged it had let the resident down. It explained that it failed to escalate the complaint to the next stage due to an administrative error. It offered the resident £200 for the inconvenience caused due to the delay. This is in line with the landlord’s compensation policy and our remedies guidance for failures that have adversely affected a resident.
  5. However, the landlord has not set out any learning or actions taken to ensure this error does not occur again, in line with its complaints policy. For this reason, we have found maladministration in the landlord’s handling of the associated complaints. We have ordered the landlord to pay an additional £50 to address this.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports of damage to the brickwork in the property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the associated complaints.

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this report the landlord must comply with the following orders:
    1. Apologise to the resident for the failures identified in this report.
    2. Pay the resident the amount of £1550 (this includes the £1000 offered at the end of the complaints process) broken down as:
      1. £1300 for the distress and inconvenience caused by its handling of the repairs.
      2. £250 for the time and trouble caused by its handling of the associated complaints.
      3. The landlord may deduct from this total any compensation it has already paid in relation to this complaint
    3. In its stage 2 response the landlord said the case had been reviewed by senior management to ensure it learns from it. The landlord must share the outcome of the review of its handling of the repairs and the resident’s complaints.
    4. Where issues are identified, the landlord should advise on any measures it will put in place to improve its service delivery.