A2Dominion Housing Group Limited (202313599)

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REPORT

COMPLAINT 202313599

A2Dominion Housing Group Limited

30 September 2024


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 resident’s reports about leaks.

Background

  1. The resident is an assured tenant of the landlord. The tenancy started on 21 May 2012. The property is a 5-bedroom house. The property has a pitched roof and an extension with a flat roof. The landlord confirmed it had no vulnerabilities recorded for the resident.
  2. The landlord arranged for works to address a leak into the ceiling of the living room on 21 September 2022. The operative attending the property reported that previous patch repairs to the roof were completed “badly” by the landlord’s contractor. In December 2022, the contractor returned to the property and reported to the landlord that it had addressed all the outstanding issues.
  3. The resident raised a complaint on 4 January 2023. The landlord’s records stated the complaint was about repairs which had been completed. The resident told the landlord the issue had been ongoing for 4 years. She said the landing and bedrooms were affected, the living room damaged, and the property was getting damper. The resident said she wanted the roof fixed quickly, and compensation. The landlord’s records showed it discussed the complaint with the resident on 16 January 2023 during a complaint scoping call. The notes from the call said the resident raised concerns about black mould in her living room and damp in her son’s bedroom due to leaks from the roof when it rained.
  4. The landlord provided its stage 1 response on 3 February 2023. It said the following:
    1. The resident’s complaint was about delays in it undertaking repairs to the main roof which was causing leaks and mould to the property.
    2. The service the resident received had fallen below what would normally be expected.
    3. It could see the resident raised a repair on 25 August 2022. She reported the ceiling in the living room was leaking and water was coming in from all different directions.
    4. An operative attended on 21 September 2022. They advised additional works were needed. A follow up appointment was booked for 17 October 2022, where an operative attended and ordered materials.
    5. A further appointment was booked for 22 November 2022. This was cancelled and works issued to the original contractor.
    6. The contractor advised that it completed the works on 2 December 2022.
    7. On speaking to the resident, it understood that there were still issues. It visited the property earlier that week. It identified that the roof works to the flat roof were completed but to a poor standard, and there were leaks primarily in the living room, condensation, and damp and mould.
    8. It apologised for the sub-standard service. It offered the resident compensation of £195. This was broken down as £95 as a discretionary offer and £100 for the distress and inconvenience caused.
    9. It committed to completing the outstanding repairs to the property by 30 March 2023.
    10. It had spoken to its contractors and reinforced the service levels expected and the obligation they have to provide a good service to residents.
    11. It had appointed a point of contact to oversee the remaining work and to make sure it was completed to a good standard within the timeframe. It provided the contact details for the resident.
  5. The landlord escalated the resident’s complaint on 5 May 2023 following an email received from the resident. The resident said she was waiting for the roof to be repaired. The resident said the landlord visited the property on 28 February 2023 to take photos but it had not been in touch since. The resident said the rain had stopped leaking through but bubbles were appearing in the ceiling.
  6. The resident said her daughter had severe asthma and being exposed to the conditions in the property was detrimental to her health. The resident said the walls in the living room had water marks and the ceiling had black mould. The resident said the landlord had photographic proof of the damage caused to her son’s bedroom but had not fixed it. The resident said the landlord told her during a call on 26 January 2023 that both roofs were going to be resolved. But this had not happened.
  7. The landlord provided its stage 2 response on 19 June 2023. It said the following:
    1. A further job to the roof was raised on 16 January 2023, following the completion of the repair in December 2022.
    2. It was sorry the issue had reoccurred which indicated poor workmanship, and that it was taking so long to resolve the problem.
    3. The delays were due to poor communication among stakeholders.
    4. It was sorry its repairs service had not kept the resident updated.
    5. In an attempt to speed up the works it tried to assign the work to another contractor but this did not happen. The repair was therefore still being handled by the original contractor.
    6. The contractor attended on 26 May 2023 and identified 2 further leaks.
    7. Operatives attended on 13 June 2023 to fix the leaks but were unable to gain access.
    8. It had agreed an appointment with the resident on 5 July 2023 to complete the roof works. The resident was not available before this date.
    9. It would also complete an internal inspection of the property on this date to scope the remedial works required and discuss an action plan with the resident.
    10. It apologsied for the length of time to resolve the issue.
    11. It offered the resident £550 of compensation. This overwrote the offer made at stage 1. The compensation was broken down as follows:
      1. £100 for poor quality of work.
      2. £100 for stress and inconvenience.
      3. £150 for the length of time taken to resolve the issue.
      4. £100 for poor internal communication.
      5. £75 for poor external communication.
      6. £25 for the delay in responding at stage 2.
    12. It had spoken to its contractors and highlighted the importance of maintaining good communication with its residents, improving internal communication where different stakeholders are involved, and the importance of effective management of jobs raised.
  8. The resident remained dissatisfied with the landlords response and its offer of compensation. She contacted this Service in June 2023 to request an investigation into her complaint. On 21 June 2023, the resident emailed the landlord. The resident said the 2 leaks mentioned in its final response were not new leaks. The resident said she was not offered compensation for the damage to her son’s bedroom. she wanted assurance that the bedroom would be restored, and the roof was going to be replaced.
  9. The resident said the wallpaper on the landing was damaged and she had redecorated her son’s bedroom 3 times, and chunks of the wall were falling out where it was damp. The landlord responded on 28 June 2023. It said the compensation offered did not cover the loss of personal belongings. It attached a liability claim for the resident to complete and return. It said an inspection of the roof would be carried out on the same day as the roof repairs.
  10. The landlord’s contractor attended the property on 12, 15 and 22 January 2024. The contractor reported to the landlord problems with the flat roof, chimney stack and pitched roof. The landlord confirmed to this Service that the works to the roof were completed on 4 March 2024. The landlord discussed the repairs with the resident on 17 April 2024. The notes from the call stated the resident said the leak to the living room was resolved but there was still a leak in the second bedroom, and mould growth in several rooms. It noted the landlord agreed a plan of action for a supervisor to attend to survey the cause of the leak into the bedroom and scope out the internal remedial works and decorate.

Assessment and findings

Scope of investigation.

  1. The resident raised during the complaint process that the leaks were ongoing for 4 years. While the historical issues provided contextual background to the current complaint, this investigation has primarily focused on the landlord’s handling of the resident’s recent reports from 2022 onwards, that were considered during the landlord’s complaint responses. This is because in accordance with paragraph 42.c. of the Housing Ombudsman Scheme, residents are expected to raise complaints with their landlords normally within 12 months of the matters arising. This is so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.
  2. Part of the resident’s complaint to this Service related to damages to furniture and personal items. Determining liability and awarding damages are legal aspects that this service has no jurisdiction over. Such matters require a binding decision from a court or consideration via an insurance claim. This service can, however, consider the landlord’s response to the resident and if it had acted fairly, reasonably, and in line with its policies and procedures.
  3. In her complaint, the resident referred to the situation impacting upon her and her daughter’s health. While this Service is able to assess the response the landlord provided, and any overall distress or inconvenience this may have caused, it is unable to draw conclusions on the causation of, or liability for, impacts on the resident’s health and wellbeing. This is because it is outside our role to establish whether there is a direct link between the landlord’s handling of the damp and mould and the resident’s health. Such matters may be more appropriate for a court or liability insurer to decide. However, the Ombudsman has considered the distress and inconvenience caused to the resident.

 The landlord’s handling of the resident’s reports about leaks.

  1. The landlord has a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property. 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 within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
  2. The tenancy agreement says the landlord will keep the structure and exterior of the property in good repair. This includes the roof, internal walls and ceilings. The resident agrees to keep the interior of the property in as good and clean condition as when it was let, and to decorate all internal parts to keep them in good decorative order. The agreement says the resident is responsible for insuring the contents of the property and personal possessions against risk.
  3. The landlord’s repair policy effective from December 2022 states that it will respond to urgent repairs within 24 hours and standard repairs on the next available appointment convenient to the resident. The policy says a ‘responsive repair’ is day-to-day maintenance work carried out in response to a request from a resident, which addresses works to maintain a home, building, or a component within it, until the next cycle of planned programmes.
  4. The landlord’s compensation policy says it can make discretionary payments where an appropriate level of service has not been delivered. It says claims for injury, damage to property or costs incurred through the negligence or alleged negligence of the landlord will be referred to its insurers for consideration and action. The compensation guidance says where the resident has had service failure that warrants compensation or has suffered a level of detriment and/or stress and inconvenience above what a reasonable person would be expected to tolerate, a discretionary payment can be made to compensate them up to the value of £240.
  5. The landlord’s complaints policy says it has a 2 stage complaints process. It will provide a stage 1 response within 10 working days of the complaint being logged. If the complaint is escalated to stage 2, it says it will respond in 20 working days of the complaint being escalated. The policy says insurance claims and appeals including damage to personal possessions and personal injury accidents which should be referred to the relevant insurers are not covered through its complaints policy.
  6. The resident reported a leak to the living room ceiling on 25 August 2022. From the records provided by the landlord, the landlord identified on 21 September 2022 that this was due to the failure of previous roof renewal works. The landlord has not provided details of when the previous works were completed. The landlord’s complaint response stated that further remedial works to the roof were completed on 2 December 2022. Further works were raised in January 2023 following the resident’s complaint, and on 26 May 2022, 2 further leaks were identified.
  7. It was noted the landlord confirmed in its final response that its contractor attended on 13 June 2023 to fix the leaks but was not able to access the property. It said a further appointment was booked for 5 July 2023 because the resident was not available prior to this date. The landlord did not provide any evidence to confirm the work completed at the appointment. The resident told this Service that the contractor took photos at this appointment only.
  8. The landlord attended the property on 12 January 2024 and raised further works to the roof. This work was completed on 4 March 2024. It is noted the work was planned for 28 February 2024 but delayed due to the weather. The timeframe here for the completion of the repairs to the leaks from the roof was over 18 months from the resident reporting the leaks to the living room ceiling, and 14 months from the point of her raising the issue with leaks into the bedroom in her complaint. The timescale here was excessive. As a result, the resident endured the leaks, and subsequent damages to the internal decoration in the living room and bedroom for a prolonged period of time.
  9. The landlord did not provide any evidence to show it completed any repair work to the mould in the meantime such as mould washes. It was evident that work to repair the internal damage which included mould growth, remained outstanding in June this year. The resident raised her concerns about the internal damage from the roof leaks in her initial complaint.
  10. The landlord provided evidence to this Service of a telephone conversation with the resident in April 2024, in which it confirmed an action plan to survey the causes of the leak into the bedroom, scope out the internal remedial works and decorate. It is not clear if this work has been completed to date. The notes from this call also stated the resident confirmed there was still a leak to her son’s bedroom. It is a concern that the resident was still reporting such issues, despite the length of time that had lapsed since the initial reports and the multiple attempts by the landlord to resolve. As such, an order has been made for the landlord to contact the resident to arrange the completion of any outstanding work to the second bedroom and roof, in line with the timescales set out in its repairs policy, if it has not already done so.
  11. The landlord’s repairs policy effective from December 2022, did not specify timescales for the completion of works. It is noted that in September 2023 the landlord updated its repair policy so that it now provides timescales for standard repairs and planned works. This policy says the landlord will complete standard repairs within 20 working days and planned repairs within 90 days. The 90 day timescale would have been a reasonable timeframe in this instance, given the complexity of the case. As long as landlord took appropriate steps in the interim to ensure property was in a suitable condition for the household.
  12. It is acknowledged that leaks and subsequent damp, mould and internal damage can take more than one inspection or repair attempt to resolve as there can be several potential causes. In this case the landlord acknowledged its responsibility to repair, and engaged with contractors to inspect the roof and complete repairs. However, there were periods of inaction by the landlord and also periods where it failed to communicate effectively with the resident.
  13. Where repair work is overdue, residents should receive regular updates clearly explaining the reasons for delay and the expected date of completion. The landlord committed to completing the outstanding the repairs by 30 March 2023. As part of the stage 1 complaint resolution, the landlord took the appropriate action of appointing a point of contact to oversee the repairs to completion. However, the resident was not kept up to date on the progress of the outstanding repairs.
  14. In an email to the landlord on 4 May 2023, the resident told the landlord she had not received any contact about the works following a visit to the property on 28 February 2023. The resident said she had been unwell and unable to chase this up. The landlord did not provide any evidence to this Service to demonstrate it attempted to contact the resident about the repairs during this time.
  15. At stage 2 it confirmed the works would be completed on 5 July 2023. The landlord has not provided evidence of any updates it provided to the resident about the repairs to the leaks from this date onwards. In correspondence with this Service in October 2023, the resident advised she had not received further contact from the landlord during this time about the repairs to the roof. The landlord did not keep the resident updated on the repairs. The landlord demonstrated a lack of customer focused approach. The landlord also failed to learn from the outcome of its complaints process, and the resident continued to receive a poor standard of customer service. As a result, the resident did not know when she could expect the repairs to be completed.
  16. It was not clear why the repairs were delayed further between July 2023 and the March 2024. It was noted the landlord did not provide full repair records in relation to the roof repairs. The failure to create and record information accurately can result in landlords not taking appropriate and timely action, missing opportunities to identify that actions were wrong or inadequate, and contributing to inadequate communication and redress. The landlord failed to demonstrate it kept accurate records of this repair. It did not retain an oversight of the repairs. As such, it failed to progress the repairs or update the resident in an appropriate timeframe.
  17. An improvement in the landlord’s record-keeping would result in significant benefits for both it and residents. It would allow the landlord to have better oversight of a repairs case so that it could consider the most appropriate response. It would also help with our investigations by improving our understanding of the actions taken by the landlord.
  18. The landlord did not demonstrate that it took the resident’s household health vulnerabilities into consideration in the timeliness of its response to the leaks. The landlord’s notes from the resident’s initial complaint stated the resident is asthmatic. The resident told the landlord in her complaint escalation that her daughter was a “severe asthmatic and has a very weak chest.” She told the landlord being exposed to the living conditions on a daily basis was extremely detrimental to her daughter’s health. There was no evidence of the landlord assessing the risk to the household or taking this information into consideration in the timeliness of its response.
  19. As set out in the Ombudsman’s spotlight on repairs report published in March 2019, landlords must act promptly, particularly where issues are having a significant impact on residents. They should be aware of the needs of vulnerable residents and respond to this. A recommendation has been made for the landlord to contact the resident to discuss any vulnerabilities that should be recorded to ensure it records are accurate and up to date.
  20. This Service is not able to comment on whether the landlord was liable for the damage to the resident’s possessions, because we do not have the authority or expertise to determine or award damages for liability in the way that a court or insurer might. It was evident the resident raised the issue of compensation for damage after the end of the complaints process, in an email to the landlord on 21 June 2023. The landlord responded on 28 June 2023 and advised that the compensation offered did not cover any loss of personal belongings. It said this was a separate process, and provided a liability claim form and instructions on how to claim. This was an appropriate response and was in line with the landlord’s compensation policy.
  21. To provide a fair response, landlords are expected to resolve complaints by addressing both the main issue raised and any inconvenience that happened. When a landlord agrees that it failed to provide a service, the expectation is for the landlord to offer redress. The landlord attempted to resolve the resident’s complaint through an offer of compensation of £550 in its final response.
  22. The offer of redress made by the landlord shows good practice in trying to resolve complaints and learn from outcomes. While the offer of redress made by the landlord shows good practice in trying to resolve complaints and learn from outcomes, the compensation was not appropriate for the failings identified. The leaks from the roof had a significant and detrimental impact on the resident’s enjoyment of her home while the investigations and repairs were ongoing. It also did not account for the continuation of the repair work until March 2024.
  23. Overall, the landlord excessively delayed completing the repairs to the leaks in the resident’s property. At the time of submitting evidence to this Service in June 2024, it was not clear if the internal remedial works or leak into the resident’s son’s bedroom were fully resolved. The landlord did not demonstrate it retained an oversight of the repairs through to completion. The landlord failed to learn from the outcome of its complaint investigation and further failed to communicate with the resident on the progress of the repairs. The landlord also had not considered the vulnerabilities within the household in the timeliness of its response. As a result, the resident’s enjoyment of her property was impacted for a prolonged period of time. She endured the leaks and the outstanding internal remedial works during this period.
  24. The landlord attempted to put things right through an offer of compensation of £550. However, this did not go far enough to reflect the full impact of its failures. As such there was maladministration in the landlord’s handling of the resident’s reports about leaks.
  25. In consideration of the time period the resident was affected it is appropriate for the landlord to pay the resident total compensation of £1101.40. This is 5% of the weekly rent paid by the resident from 25 August 2022 until 4 March 2024, for the loss of the full enjoyment of the property while the repairs remained outstanding. This has been calculated as 5% of £181.21 for 31 weeks and 4 days, and 5% of £193.89 for 48 weeks. The remaining £350 is for the distress and inconvenience caused to the resident and the continuation of the outstanding repairs to the bedroom after 4 March 2024. This compensation includes the amount offered by the landlord during the complaints process. This is in line with the Ombudsman’s remedies guidance for cases where the landlord’s failures have had a serious, and detrimental impact. A recommendation has also been made for the landlord to provide additional staff training to ensure it is keeping clear and accurate records relating to repairs.

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 about leaks.

Orders and recommendations

Orders.

  1. The Ombudsman orders the landlord to apologise to the resident in writing for the failings identified in this report.
  2. The Ombudsman orders the landlord to pay the resident total compensation of £1126.40. This amount includes the £550 offered during the complaints process. Compensation not already paid, should be paid directly to the resident, and not offset against any arrears. The compensation comprises of:
    1. £751.40 for the loss of the full enjoyment of the property caused by the landlord’s handling of the resident’s reports about leaks.
    2. £350 for the distress, and inconvenience caused by the landlord’s handling of the resident’s reports about leaks.
    3. £25 as previously offered for the delay in responding to the stage 2 complaint.
  3. The landlord is to contact the resident to arrange the completion of any outstanding work to the second bedroom and roof, in line with the timescales set out in its repairs policy, if it has not already done so.
  4. The landlord is to provide evidence of compliance with the above orders to this Service within four weeks of the date of this report.

Recommendations.

  1. The landlord to contact the resident to discuss any vulnerabilities that should be recorded for the household to ensure its records are accurate.
  2. The landlord considers providing additional staff training to ensure it is keeping clear and accurate records relating to repairs.