The Guinness Partnership Limited (202401172)

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.

6. The resident reported damp and mould on 13 December 2022. The surveyor inspected the property on 2 March 2023 and recommended treating the damp and mould. This was not in line with its damp and mould policy which says it will inspect, diagnose the cause, and carry out any repairs under its responsive repairs policy. Its policy for routine repairs is to aim to complete them within 28 calendar days, or sooner if possible.
7. The resident raised a complaint on 10 March 2023. She said repairs had not been carried out and no one was calling her back. There is no evidence the landlord responded. Between May and October 2023, the resident spent time and effort chasing the landlord about the damp and mould repairs. This was not reasonable.
8. On 2 November 2023, the landlord completed a mould wash at the property. On 27 November 2023, it cleaned off the mould in several rooms. While the landlord showed attempts of resolving the issue, it took 8 months from the surveyor’s inspection to complete the recommendations. This was not in line with its policy of completing repairs within 28 days.
9. On 29 November 2023, the resident complained again. She said the damp and mould was returning within days of it being cleaned. She said her children had been exposed for a long period and she was worried about their health and safety.
10. The landlord issued its stage 1 response but did not uphold the complaint. It said the resident had reported damp and mould on multiple occasions in the last 6 months and all repairs were attended within timescale.
11. The resident escalated her complaint on 15 November 2024. This was due to the lack of communication and action from the landlord and the condition of her daughter’s bedroom. The landlord issued its stage 2 response on 19 February 2024. It partially upheld the complaint due to delays and poor communication. It apologised and acknowledged it had not followed its repairs policy. It offered the resident £100 compensation for poor communication and inconvenience. This was not proportionate or in line with its own compensation policy for the failures identified.
12. The stage 2 response confirmed a service manager would attend to assess the next steps. The manager attended and recommended a weekly mould wash until a longer-term plan was in place and discussed a possible home move with the resident.The evidence shows that over the following two months, only two mould washes were completed. This was not in line with the recommendations made.
13. In summary, we find maladministration. The landlord did not respond to the resident’s reports of damp and mould in line with its damp and mould policy and its repair policy. It inspected several months after the issue was first reported and did not diagnose the cause or complete repairs within the policy timeframe.Furthermore, the compensation offered was not in line with our remedies guidance. However, it is positive that the landlord said it had provided feedback to its repairs team to ensure that repairs are completed in a timely manner and customers are kept informed.
14. The resident was permanently relocated to a new property in June 2024. On 7 October 2024, the landlord wrote to the resident. It apologised for not considering the complaint made in March 2023 and acknowledged its stage 2 response did not address all the issues or provide accurate information. It highlighted learning from the case and offered the resident £4,252.94 in addition to previous offer, broken down as follows:

• £3,952.94 (calculated at 40% of the rent between March 2023 and February 2024)
• £300 to apologise for the length of time it took to resolve the issue and its failure to address the issue at the time of the complaint

15. Although these actions can be said to have put things right for the resident, the landlord failed to resolve the substantive issue of her complaint until several months after it had issued its final response. It also did not fully acknowledge its failings or make the increased offer of compensation until the case had been accepted by us for investigation. Our outcomes guidance is clear that a finding of reasonable redress cannot be determined under such circumstances.
16. We have not ordered any further compensation as the amount offered is higher than what our remedies guidance would recommend. It was however, a fair and appropriate amount, and the landlord has calculated it in line with its own compensation guidance. We have ordered the landlord to write an updated apology following the findings in our report.

17. The landlord’s complaint policy at the time of the complaint complies with the definition of a complaint in the Code (April 2024). The timescales in the landlord’s complaint procedure complied with the Code.
18. The resident first complained on 2 March 2023. The landlord logged it as a stage 1 complaint but did not provide a response. It therefore did not follow its own policy or the Code. The landlord has accepted it should have consideredthis complaint, albeit as part of the review it completed in October 2024, 8 months after its stage 2 complaint response. It did not offer any compensation for its complaint handling failures.
19. The resident complained again on 29 November 2023. Following this, the landlord provided a formal response at both stages of the process within the timescales set within its policy. However, its review in October 2024 established it did not address the resident’s issues in full, and it referred to incorrect dates.
20. In summary we find maladministration. The landlord failed to respond to the resident’s initial complaint. This led to her spending time and effort raising a further complaint and likely made her feel frustrated that she was not being taken seriously. Further, it would have prevented her from exhausting the landlord’s internal complaints procedure so that she could bring the matter to us for an independent investigation. We have ordered the landlord to pay £100 compensation to the resident which is for the frustration and inconvenience caused by the failures highlighted in this report.

Learning

21. The landlord should ensure inspections for damp and mould are arranged promptly within policy timelines. It should follow up on inspections to avoid missed actions.
22. The landlord should respond to all points raised in complaints. It should also ensure complaints are responded to in line with its policy and are detailed and empathetic.

Knowledge information management (record keeping)

23. The landlord provided comprehensive records to help with this investigation.

Communication

24. The landlord should ensure residents can contact them easily and without waiting an unreasonable time to speak to someone.
25. The landlord should ensure its internal departments are communicating effectively and should respond to requests for updates within a reasonable time.