Accent Housing Limited (202212633)

REPORT

COMPLAINT 202212633

Accent Housing Limited

24 April 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

The complaint is about the landlord’s handling of the resident’s:
1. Reports of leaking windows, leading to damp and mould.
2. Reports of a repair to the handrail on the fire escape.
3. Associated formal complaint.

Background

The resident is the assured tenant of a 1-bedroom second floor flat owned by the landlord. The landlord had no recorded vulnerabilities for the resident.
The resident raised a formal complaint to the landlord on 4 August 2022, stating that there was water ingress which had caused damp and mould. He believed this to be coming from the coping stones on the gable end. He was unable to sleep in his bedroom due to the damp and mould which was affecting his asthma. He also reported that the fire escape handrail had come away from the wall, this was a health and safety risk, and a repair had been raised but later cancelled.
In the landlord’s stage 1 response on 17 October 2022, it stated that following its surveyor and contractor visit, it would need to erect scaffold to the building in order to investigate how the water was entering his home. Due to the location of the building, it would have to consult with the local authority to obtain permits. An order had been raised to repair the fire escape handrail and it anticipated work to be completed by 31 October 2022.
The resident escalated his complaint on 31 October 2022, as the windows were still leaking and were covered in mould. He wanted the repairs to be completed, to be compensated, and communication to be improved.
In its stage 2 response on 13 December 2022, the landlord stated that it needed to carry out a full investigation into the roof space to establish the cause of the leaking windows, and damp and mould. Following completion of the repairs a further order would be raised to treat the damp and mould in the bedroom. It apologised for the frustration and inconvenience and would consider compensation as the repairs were nearing completion.
In its final response on 5 May 2023, the landlord repeated the actions it had taken, as set out in its stage 1 and 2 responses. It said that whilst replacing the windows in March 2023, it discovered that new lintels were required. The lintels would be installed on 15 May 2023 and the windows the following day. Its surveyor had identified that roof repairs were needed, which had contributed to the water ingress. It apologised for the length of time it had taken to resolve the matter and offered £200 as a “good will gesture” for the inconvenience.
The resident remained dissatisfied with the landlord’s response and brought his complaint to this Service. He stated that there had been no change to the condition of the property and despite promises, further work had not commenced.

Assessment and findings

In reaching a decision about the resident’s complaint we consider whether the landlord has kept to the law, followed proper procedure and good practice, and acted in a reasonable way. Our duty is to determine complaints by reference to what is, in this Service’s opinion, fair in all the circumstances.

Scope of investigation

The resident advised that the damp and mould had prevented him from sleeping in his bedroom due to the effects on his asthma. This Service can consider any inconvenience or distress caused, as a result of any service failures by the landlord. However, it is beyond the expertise of this Service to establish legal liability or whether a landlord’s actions or lack of action had a detrimental impact on a resident’s health, nor can it calculate or award damages. Ultimately this would be a matter for the courts.

Reports of leaking windows leading to damp and mould.

The landlord has an obligation under Section 11 of the Landlord and Tenant Act 1985 to keep the structure and exterior of the property in good repair.
The landlord has a responsibility under 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 mould problems in its properties amount to a hazard that may require remedy. Landlords should be aware of their obligations under HHSRS, and they are expected to carry out additional monitoring of a property where potential hazards are identified.
The landlord’s repairs policy sets out its repairs response timescales. Emergency repairs, where there is a danger or immediate risk to health and safety, will be attended to within 4 hours to make safe. All emergency repairs are completed within 24 hours of being attended. Routine repairs are completed within 28 days.
The landlord’s damp and mould section of its website says:
1. It will carry out an inspection to find out what the cause of the problems are and what work might be needed to put things right.
2. Carry out repair work to fix any problems, if there are issues with the structure of the home, for instance, or plumbing issues coming from leaks.
3. Improve the ventilation in the home, for example, installing extractor fans in the kitchen and bathroom.
4. Treat mould with chemicals, such as anti-mould spray to stop the problem coming back.
5. Its building services managers monitor damp and mould cases carefully. It has provided its surveyors with equipment which can better detect damp and mould at early stages, including humidity sensors and thermal imaging cameras.
The landlord’s records demonstrated that the resident initially reported his living room window leaking on 7 February 2022. Its repairs records of 21 February 2022 referred to mould and damp starting above the bedroom and living room windows, which required treatment. The records also demonstrated that he regularly chased the repair throughout 2022. On 25 May 2022 the records showed that the resident was also chasing repairs to the roof.
There was no evidence to suggest that the windows, damp and mould were inspected in February 2022 when the issue was first reported. It is unknown whether the roof was inspected following the resident’s reports in May 2022.
In the resident’s complaint he reported that his windows were leaking, causing damp and mould in his bedroom and living room. Water “streamed in” when it rained, his curtains had already been damaged, and he was unable to keep “mopping” it up with towels. He was unable to sleep in his bedroom as he was asthmatic and it was affecting his health. He was concerned about his elderly neighbour below and that her flat would get mould and running water through the ceiling. He believed the water to be entering from the coping stones on the gable end and into the cavity wall.
In its stage1 response the landlord said that the resident was unhappy with the condition of his home due to water ingress around the living room and bedroom windows, and the state of repair to the handrail on the fire escape. It required permits to erect scaffold due to the location of the building and was consulting the local authority. Once the necessary permits were in place, it would undertake the investigation and repair work.
The landlord’s response did not provide any estimated timescales to the resident for when he could expect the work to commence. It also did not acknowledge the damp and mould that the resident had reported or empathise with his situation. There was no evidence provided to suggest that the landlord had undertaken a damp and mould inspection or considered any treatments at this stage to alleviate the situation.
In its stage 2 response, the landlord listed the issues reported by the resident, these being the windows leaking profusely every time it rained, the bedroom was covered in damp and mould to such an extent the resident was unable to sleep in the bedroom due to his health deteriorating, and communication. It listed the following:
1. That it needed to carry out a full investigation into the roof space to establish the cause of the leaking windows and damp and mould within the home.
2. It was working with its contractor to erect scaffold and repeated its response relating to obtaining permits due to the building location.
3. Its surveyor had visited on 12 December 2022 to discuss the resident’s concerns, and to ensure no further delays, it had been agreed to undertake intrusive internal works. This required taking down ceilings to ensure it could identify the cause of the water ingress.
4. Once the source of water ingress had been found, it would carry out the necessary repairs. On completion of the repairs a further order would be raised to treat the damp and mould in the bedroom.
5. It acknowledged that he had contacted it on numerous occasions in relation to the issues and apologised for the frustration and inconvenience caused. Its customer liaison team would continue to oversee the works arranged following the last visit and would be in regular contact every Tuesday, until completion, of how repairs were progressing.
6. With regard to the compensation request, it would consider this as repairs were nearing completion.
While the landlord acknowledged the damp and mould in its summary of the resident’s complaint, it showed no empathy for the conditions the resident was living in. It was aware that he had asthma and was unable to sleep in his bedroom, but failed to consider any detriment the damp and mould may be having on his health. There was no evidence that it offered any resolution at this stage, such as completing temporary repairs or damp and mould treatments to alleviate the situation while waiting for the permits. It could also have considered inspecting the ceilings in the resident’s home at an earlier stage to try and identify the source of the leak. It failed to consider its obligations under HHSRS.
The landlord could have considered compensation for the impact caused to the resident up to the point of its stage 2 response, and considered further compensation once repairs were completed.
The landlord stated that it needed to do a full investigation into the roof space, yet its repairs records of May 2022 suggest that it was aware of the issue 7 months prior.
On 30 March 2023, a representative of the resident wrote to the landlord stating as follows:
1. “Extremely heavy and damaging rain” was coming into the property for over a year.
2. He had stopped sleeping in the bedroom due to the mould and damage. He had been promised some kind of material to collect the water when it rained which had not transpired.
3. Holes had been left in the flat which were unsightly and upsetting to him. He had also had to go through a large number of towels to soak up the water every time it rained over the past 12 months.
4. One of the windows had been partially installed but the workmen were unable to complete the task due to a significant hole in the cavity above the windows and the resident was left with more mess and no plan.
5. He wanted:
  1. A plan for remedying the whole situation.
  2. A temporary arrangement for the resident to stay somewhere in the short term that was comfortable, clean, and dry.
  3. A return of some of the rent money he had paid since he was unable to inhabit his bedroom for over 12 months.
The landlord’s records of 3 April 2023 referred to “rep called and asked for decant, advised cannot be done as he has heating and hot water and is safe”. There was no evidence provided to suggest that the landlord had considered the resident’s living circumstances or whether a temporary decant should have been considered.
In its final response on 5 May 2023, it outlined its responses at stage 1 and 2 and stated that:
1. There had been a delay in obtaining the permits.
2. A further visit was booked on 23 January 2023 to establish how works could be resolved, where it confirmed that its contractor could erect scaffold and new windows were to be installed to stop the water ingress.
3. Scaffold was erected on 28 March 2023 and the windows were to be installed on 29 March 2023. When replacing the windows, its was discovered that new lintels were needed and its contractor secured a window in place whilst a new work order was raised. Installation of the lintels would take place on 15 May 2023 and the windows would be installed the following day.
4. Its surveyor had identified, on a separate inspection, that roof repairs were required and this had contributed to the water ingress. It had taken the decision that upon removal of the scaffold it would arrange for repairs to commence the roof repairs using a cherry picker.
5. It apologised for the length of time it had taken to resolve the issues and offered £200 as a “good will gesture” for the inconvenience.
The landlord was aware, according to its records, that the living room window was leaking in February 2022 and roof repairs were required from May 2022. In the landlord’s explanation to this Service, it stated that roof works were completed on 18 August 2023 and should have been completed a lot earlier. New “headers” had been required and the windows were not replaced until after the roof repairs, on 24 August 2023. It also stated that it would be attending in September 2023 to complete internal repairs, such as replastering the ceilings and to treat the damp and mould.
While this Service appreciates that some delays were outside the landlord’s control, such as discovering further works to the lintels and headers, and obtaining permits, the delays experienced by the resident were not appropriate.
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.
The landlord failed to consider its obligations under HHSRS and as outlined above in this Service’s spotlight report.
The landlord’s compensation policy awards between £50 and £500 where there has been significant service failure that has had a damaging impact on the customer. It awards £500 to £1000 in circumstances where it has severely failed on meeting its agreed service standards and caused the customer extreme distress with detrimental consequences.
The landlord’s compensation offer of £200 for inconvenience was not proportionate to the delays experienced by the resident. It also failed to consider that the resident had reported that the damp and mould, and leaks had damaged his curtains and towels. Its compensation policy sets out that if damage is caused to personal items due to disrepair, damage should be inspected and an estimate of the value of the damaged items provided.
For the reasons set out above this Service finds maladministration in the landlord’s handling of the resident’s reports of leaking windows leading to damp and mould.

Reports of a repair to the handrail on the fire escape

The landlord has an obligation under HHSRS to assess its properties for any risks or safety concerns. It is responsible to assess external steps or ramps within the immediate area of the dwelling. The hazard assessment should include common stairs, external steps, fire escape stairs and ramps.
The landlord’s records demonstrated that the resident made contact about the handrail on the fire escape on 6 July 2022. He raised it again in his formal complaint on 4 August 2022, where he stated that an operative had attended and, whilst on the fire escape to check the gable end, the handrail came off the wall. He was concerned that this was a “serious health and safety risk.” He also stated that a repair had been raised and cancelled.
The landlord’s records of 10 August 2023 referred to a telephone conversation with the resident where he again raised the issue of the handrail on the fire escape. It referred to looking up the job which “appeared to have been deleted.”
In its stage 1 response the landlord advised that an order had been raised for the repair and it would be completed by 31 October 2022.
It is not known when the repair was completed, however, the landlord’s delays in resolving the matter were not appropriate or in line with its repairs policy timescales. From the date of reporting the matter to its anticipated completion was 117 calendar days. It should have considered this to be an emergency repair and responded within 4 hours to make safe, or within 24 hours to complete any works as outlined in its policy. Given that the landlord’s operative was aware of the required repair, having completed the inspection, it would have been appropriate for the operative to have reported this to ensure it was repaired in a timely manner.
The landlord failed to consider its obligations under HHSRS or any risks to the resident should he need to access the fire escape in an emergency. This Service therefore finds maladministration in the landlord’s handling of the resident’s reports of a repair to the handrail on the fire escape.

Associated Formal Complaint

At the time of the resident’s complaint, the landlord operated a 3-stage complaints process as follows:
1. Early resolution aims to acknowledge and/or discuss the matter within 24 hours. It Aims to resolve the issue straightaway, however, there will be instances where it cannot resolve on first point of contact and will need time to investigate. A formal complaint should be raised if an issue cannot be immediately resolved if the customer has raised the same issue on 3 separate occasions or if the customer’s request a formal complaint to be raised. The target response time is 5 working days.
2. Stage 1 complaints, known as “manager investigation”, aims to acknowledge and/or discuss the matter within 24 hours. It aims to respond to the customer with what actions it will take to resolve within 5 working days.
3. Stage 2 complaints, known as “director investigation”, aims to acknowledge and/or discuss the matter within 24 hours. It aims to respond with what actions it will take within 5 working days.
The resident raised his complaint on 4 August 2022 and the landlord responded on 17 October 2022, 51 working days later, and 46 working days later than its complaints policy timescale.
The resident escalated the complaint on 31 October 2022 and the landlord responded on 13 December 2022, 31 working days later, and 26 days later than its complaints policy timescale.
The landlord provided its final response “director investigation” on 5 May 2023, 98 working days after its stage 2 response, and 93 working days later than its complaints policy timescale.
This Service contacted the landlord on 3 separate occasions, 20 September, 5 and 15 October 2022 requesting it to respond to the resident’s initial complaint. Further intervention was required on 6 December 2022 when the resident advised that he had not received a response to his escalated complaint. The delays in its responses and need for intervention of this Service was not appropriate or in line with its complaints policy.
The landlord failed to consider any compensation for its late responses or demonstrate any learning from the complaint. For the reasons set out above this Service finds maladministration in the landlord’s handling of the resident’s complaint.
This Service’s complaint handling code sets out that:
1. A resident does not have to use the word ‘complaint’ for it to be treated as such. Whenever a resident expresses dissatisfaction landlords must give them the choice to make a complaint.
2. The early and local resolution of issues between landlords and residents is key to effective complaint handling. It is not appropriate to have extra named stages, such as stage 0 or informal complaint, as this causes unnecessary confusion. A process with more than 2 stages is not acceptable under any circumstances and this will make the complaint process unduly long and delay access to the Ombudsman.
3. Stage 1 complaints must be acknowledged within 5 working days of the complaint being received and responded to within 10 working days.
4. Stage 2 complaints must be acknowledged within 5 working days of the escalation request being received and respond within 20 working days of the complaint being acknowledged.
The landlord’s complaint policy, at the time of the resident’s complaint, was not in line with this Service’s complaint handling code as set out above. It implemented a new complaints policy in May 2023 which comprises of 2 stages. This brings its complaints procedure in line with the Ombudsman’s complaint handling code.
The Social Housing (Regulation) Act 2023 empowered the Ombudsman to issue a code of practice about the procedures members of the Scheme should have in place for considering complaints against them following consultation on the code. It also placed a duty on the Ombudsman to monitor compliance with a code of practice that it has issued. The current statutory complaint handling code (‘the code’) took effect from 1 April 2024. The landlord should consider its complaints policy to ensure that it meets the new code, and a recommendation is made in relation to this.

Review of policies and practice

The Ombudsman has found maladministration (including severe maladministration) following several investigations into complaints raised with the landlord involving requests for repairs. As a result of these, a wider order was issued to the landlord under paragraph 54(f) of the Scheme. This is 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.
The landlord was ordered to carry out a review, within 12 weeks of its practice in relation to responding to repairs requests to windows. Some of the issues identified in this case are similar so learning from this complaint should be incorporated into the wider reviews, ordered as part of case 202230744. In addition to this, we have not made any orders or recommendations as part of this case, which would duplicate those already made to the landlord as part of the wider order.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme (the Scheme) there was maladministration in the landlord’s handling of the resident’s:
1. Reports of leaking windows leading to damp and mould.
2. Report of a repair to the handrail on the fire escape.
3. Associated formal complaint.

Orders and recommendations

Orders

The landlord is ordered to pay the resident £1200 broken down as follows:
1. £600 for distress and inconvenience, time and trouble in relation to his reports of leaking windows leading to damp and mould.
2. £150 for its failure to repair the fire escape handrail within its repairs policy timescales.
3. £250 for the failures identified in its complaint handling.
4. £200 offered in its final response if not already paid.
The landlord is ordered to send a written apology to the resident, by a senior member of staff, for the failings identified in this report.
The landlord is ordered to contact the resident to assess any damages caused to his personal belongings as a result of the leaks, damp and mould. It should consider any reasonable requests for compensation for the curtains and towels in line with its compensation policy.
Within 4 weeks of this determination the landlord must provide evidence of its compliance with the above orders.

Recommendations

The landlord should complete a self-assessment against the revised complaint handling code to ensure its complaint policy is compliant.