Acis Group Limited (202324119)

Background

1. The resident reported several issues during the defects period. When this period ended and she felt the landlord had not resolved the issues, she raised a complaint.

What the complaint is about

2. The complaint is about the landlord’s handling of the resident’s reports of defects.
3. We have also considered the landlord’s complaint handling.

Our decision (determination)

4. We have found:
   1. Service failure in the landlord’s handling of the resident’s reports of defects.
   2. No maladministration in the landlord’s complaint handling.

We have made orders for the landlord to put things right.

Summary of reasons

Handling of the resident’s reports of defects

5. The landlord failed to complete the works it had agreed to carry out.

Complaint handling

6. There was a minor delay providing a response at stage 1, however there was no evidence that this had a detrimental impact on the resident or the outcome of the complaint.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

7. When the resident purchased her new build property, it included a defect warranty period that expired on 1 July 2021. After that date, the resident became responsible for all repairs and maintenance. The property also had a separate 10-year builder’s warranty.
8. During the defect period, the resident reported several issues. The landlord passed these to the developer to resolve under the defect warranty, which was the correct process. When the defect period ended the developer carried out an inspection.
9. Although some issues at the property, including creaking flooring, remained unresolved, the developer stated that these were not classified as defects and it had no responsibility to carry out any further works. It provided a rationale for this position to the landlord, supported by relevant extracts from Local Authority Building Control guidance. It said other issues had been reported outside of the defect warranty period and advised the landlord these would need to be considered under the builder’s warranty.
10. The resident disagreed with this outcome and continued to report that some defects remained unresolved. In its complaint response on 10 November 2022, and in earlier letters dated 20 October 2021 and 21 March 2022, the landlord confirmed its position that the developer had addressed all reported defects. It also advised the resident that she would need to raise any further concerns through the builder’s warranty, as this was the correct route once the defect period had ended.
11. Despite having no further responsibility for the issues raised, the landlord responded to a new complaint raised on 2 April 2023 by agreeing to instruct an independent surveyor to carry out an inspection. This action went beyond its obligations and showed that it was committed to finding a resolution.
12. On 12 April 2024, the landlord contacted the resident to clarify the issues she wanted the surveyor to assess. This was appropriate as it ensured the inspection directly addressed her concerns. The resident asked the surveyor to consider:
    1. Creaking on the stairs and first floor, including master bedroom and ensuite.
    2. Loose floorboards and concerns the shower tray may have dropped.
    3. Problems with the sixth step up and third step down.
    4. Standing water in the front garden.
    5. Loft insulation.
    6. A draught in the kitchen.
    7. The size of the radiator in the downstairs WC.
    8. The fitting of the front door.
    9. A knocking noise coming from the loft.
13. The surveyor inspected the property on 6 May 2023, and while it did not identify any issues that would be the landlord’s responsibility, it made several recommendations for improvements.
14. On 25 May 2023, the landlord sent the resident the surveyor’s report. It explained that it had no responsibility to complete the recommended works. However, as a goodwill gesture, it agreed to:
    1. Resolve the creaking flooring if the resident lifted and re-laid her floor coverings.
    2. Adjust the shower tray.
    3. Reseal the kitchen waste pipe.
15. By agreeing to complete these works, the landlord demonstrated that it was prepared to take additional steps, despite having no obligation, to help the resident and bring the matter to a close.
16. On 28 May 2023, the resident stated that she was not willing to pay for her flooring to be lifted, as she considered this to be the landlord’s responsibility. As the landlord had made its offer conditional on the resident lifting and re-laying her own floor coverings, this prevented it from being able to progress the works to resolve the creaking flooring.
17. However, the landlord has confirmed to this Service that it did not adjust the shower tray or reseal the kitchen waste pipe, despite having agreed to complete these items. The resident’s decision regarding her flooring had no bearing on the landlord’s ability to carry out these other works.
18. While the landlord was not obligated to complete these repairs, it should have carried them out once it had committed to doing so. Its failure to complete the works likely caused the resident unnecessary frustration.
19. The landlord did not acknowledge or explain why it had not taken steps to complete the works in its stage 2 response on 8 June 2023. As a result, we have ordered the landlord to issue an apology and have awarded compensation. The £100 compensation awarded aligns with our remedies guidance for failings that caused inconvenience to the resident.

20. The landlord’s complaint policy states that it aims to acknowledge complaints within 2 working days and issue formal responses within 10 working days. The policy also states that a resident may escalate a complaint to stage 2 only when 1 of the following criteria applies:
    1. The stage 1 investigation or response were factually incorrect.
    2. The response did not address the complaint.
    3. The landlord has not considered important relevant information.
    4. The landlord has not completed the actions agreed at stage 1.
21. The resident raised a complaint on 2 April 2023, and the landlord issued its response on 24 April 2023, 14 working days later. This was outside the target timescale.However, the delay was minimal, and there was no evidence that it had a detrimental impact on the resident or the outcome of the complaint.
22. The landlord treated the resident’s email of 28 May 2023 as a request to escalate her complaint. It responded on 8 June 2023, which was in line with its policy.
23. The landlord did not provide a response at stage 2 because it said the resident had not met the criteria for escalation. It wrote to her to explain its decision. In the letter, it appropriately advised her that she had exhausted its complaints procedure and provided contact details for this Service.

Learning

Knowledge information management (record keeping)

24. The landlord was unable to confirm if it completed the works it agreed to. It is encouraged to reflect on how to ensure its records are accurate and detailed. Taking into account the guidance we have published on knowledge and information management.

Communication

25. The communication between the landlord and the resident appeared generally clear, appropriate, and timely based on the evidence reviewed. Correspondence sufficiently addressed the matters raised. There were no indications of any issues that adversely affected the resident’s understanding of the landlord’s actions or decisions.