Camden Council (202011960)

REPORT

COMPLAINT 202011960

Camden Council

6 September 2021

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

This complaint is about the landlord’s response to the resident’s concerns about:
1. Delays to damp works to the lower ground access area and the rear garden wall to the resident’s property.
2. The safety of the electrical supply equipment in the lower ground access area.
This complaint is also about the landlord’s complaint handling.

Background and summary of events

Background

The resident is a secure tenant of the landlord, which is a Council. The property is a two bedroom maisonette in a four storey mid-terraced conversion. The resident’s property occupies the lower ground and upper ground of the building.
The main access to the property is via a shared front door on the ground floor. The resident and her children’s bedrooms and the toilet are on the lower ground floor level. Access to these rooms and the garden is via internal stairs to the lower ground level. The garden is to the rear of the property. The remaining rooms are on the ground level.
Access to the lower ground floor rooms can also be gained via a secondary entrance at the bottom of steps to the side of the stairs leading to the shared front door. This secondary entrance leads to the lower ground access area referred to in this report. This area is not part of the resident’s demise and is separated from the resident’s property by a further internal door.
The resident lives at the property with her two sons aged nine and six. The landlord has confirmed that the resident’s children have been diagnosed with conditions that mean it would consider them a vulnerable family.
The resident has explained that when she viewed the property, prior to her mutual exchange in July 2018, she was unable to see the damp in the property, as the previous tenant was a hoarder. The resident said that she reported damp to the lower ground access area of her property when she moved in and the landlord started to replaster but the damp returned.
On 12 December 2018, the electricity supplier attended the property to rectify a fault with the earth cables to its distribution board (DB). On 14 January 2019 the landlord attended to box in cables which the electricity supplier had said it was the landlord’s responsibility to tidy up. On 12 February 2019 the landlord’s electricity contractor carried out an electrical test of the resident’s property, during which the consumer unit (CU) was replaced. The test deemed the electrics for which the landlord was responsible to be satisfactory and recommended a period of up to five years before a further test was required.
The Ombudsman expects a formal complaint to be made within a reasonable amount of time, normally within six months of the matter being complained about occurring. Therefore, whilst these incidents provide contextual background to the current complaint, this assessment focuses on events from 26 September 2019 when the resident reported that the damp had returned to the lower ground access area of her property, 11 months prior to her logging her formal complaint with the landlord, up to the point of the landlord’s final response on 16 October 2020.

Summary of events

On 26 September 2019, the resident reported that damp was again affecting the lower ground access area of her property. The landlord’s contract manager attended the property on 1 October 2019. The contract manager noted that water was pooling by the external lower ground wall of the property allowing water to soak into the brick work causing damp within the lower ground access area. A job was raised to install a concrete fillet along the external lower ground wall and to make good the steps, and point the wall that led to the lower ground floor access. The landlord’s records noted that the job was completed on 15 October 2019.
On 28 October 2019, the landlord’s records note that a job was raised to supply and fit paving to the under-stairs area in the lower ground access area. The records note that once the area had been paved the water damaged internal walls needed to be hacked back to brickwork, tanked or blackjacked and re – rendered. The job record also note that the electricity supplier was to check the ‘‘electrical supply box’’ located in the lower ground access area.
On 1 November 2019, the resident emailed the landlord to ask that it clarify what the works would entail. The resident also raised concerns about the safety of the electrical supply equipment as where it was located was also affected by the damp. The resident said that she had not had a reply to her report regarding the rear wall in her garden which she said had turned green due to water not draining away. The resident reported that there was a ‘‘very unpleasant’’ smell coming from that area.
The landlord replied to the resident to advising that an appointment had been booked for 4 November 2019 to assess the works to the lower ground access area of her property, including the rendering of the internal walls and underside of the steps. The landlord also advised that it was looking to build a fire proof cupboard around the electrical supply equipment in the lower ground access area.
The landlord arranged for the rear garden wall to be inspected on 3 December 2019 and on 4 December 2019 reported that ground water was coming in through the wall. The landlord noted that a trench needed to be dug, approximately 5m long by 2m deep, and that tanking would then need to be done to stop the water penetration.
On 4 December 2019, the landlord’s records also refer to works the replace the VIRs (Vulcanised rubber Insulated cable), to the electrical equipment that it was responsible for, with PVC double insulated cables. The notes also state that the electrical supplier was to renew the board behind their distribution board (DB) and then re–secure their equipment.
On 3 January 2020, the landlord noted that its electrical contractor had ordered the parts and materials they needed with regards to the replacement of the cables and that the parts were due the following week. The landlord said that their electrical contractor would contact the electricity supplier once the parts and materials had been received to arrange dates for them both to attend.
On 18 February 2020, the resident emailed the landlord to advise that she had spoken to the electricity supplier who she said had advised her that they had been waiting since 2 December 2019 for the landlord to get in touch with them so that they could arrange the replacement of their equipment.
On 19 March 2020, the landlord emailed the resident to say that it had spoken to both its electrical contractor and the electricity supplier. The landlord confirmed that the parts had been ordered but as the work would require the electricity being shut down for four hours and given that the resident and may be working from home due to Covid, it suggested that the works be put on hold.
On 1 April 2020 the landlord emailed the resident to advise that it was discussing the damp works to the lower ground access area of her property with its specialist works team and Contracts Manager, and was trying to establish what works would be carried out and by what team. The landlord said that its major works team were looking into the issue of the rear garden wall and that the ‘‘electricity fuse board’’ issue was currently with the electricity supplier.
The resident emailed the landlord on 10 August 2020 to log a formal complaint about the lack of progress and response from the landlord regarding the damp in the lower ground access area of her property and to the garden wall, and the ‘‘electricity fuse board’’.
On 7 September 2020, the resident contacted the landlord to chase its response to her complaint.
On 25 September 2020, the landlord issued its stage one response. The landlord partially upheld the resident’s complaint and apologised that the works it had carried out previously had not resolved the damp issues. The landlord confirmed that the building of a fire proof cupboard around the ‘‘electricity fuse board’’ was delayed whilst the landlord decided what works were required to the render the walls in that location and that the damp issue affecting the rear garden wall also was yet to be resolved. The landlord confirmed that due to Covid restrictions and changes to staff, it had not been able to arrange inspections nor agree a scope of works or timescale for any works to be completed. The landlord explained that at that time it was unable to carry out any works that were not an emergency or essential.
On 13 October 2020, the resident spoke to the landlord to request that her complaint be escalated to stage two. The resident explained that she felt the landlord’s responses were vague and that she had been given no idea as to when the works would be completed. The resident said that she had previously been told the works would go ahead and was now being told that they would not be due to Covid restrictions.
The landlord issued its final response on 16 October 2020. The landlord said that it was sorry to hear about the outstanding damp repairs to the lower ground access area of her property but that it was satisfied with its previous response to the resident’s complaint. The landlord said that due to Covid restrictions it was currently unable to carry out any works that were not an emergency or essential. The landlord said that it would monitor the situation and arrange an inspection once restrictions ended.

Assessment and findings

Relevant policies, procedures and guidance.

The landlord’s Tenant’s Guide and Housing Repairs Service handbook confirm the landlord’s responsibility to repair and maintain the structure of the building, including damp-proof work.
The landlord’s Housing Repairs Service handbook also states that the landlord is responsible for the electricity supply between the meter and the electrical sockets in the resident’s home, but not the failure of electricity companies to supply electricity or maintain their equipment.
The landlord’s Housing Repairs Service handbook provides examples of the timescales for specific categories of repair. Damp works are categorised as routine repairs with a timescale of completion within 20 working days. However the handbook also states that where repairs are more complex or involve specialist works, these will be completed within an agreed timescale.
The landlord’s website states that where work is needed it should be carried out following government Covid-19 guidance:
1. On 28 March 2020 the government issued guidance for landlord’s confirming that the landlord’s repairing obligation had not changed but recommended that access to a property was only proposed for serious and urgent issues.
2. On 18 May 2020, the housing minister advised that landlords should be able to carry out routine as well as essential repairs for most households. The minister acknowledged that there would be a backlog of repairs that they will need to address, so it may take longer than normal to carry out more non-essential work.
3. On 1 June 2020 the Government issued an update to its 28 March guidance, stating that landlords ‘can now take steps to address wider issues of repairs and safety inspections, provided these are undertaken in line with public health advice’. The guidance again acknowledged that some landlords would have a backlog of repairs that they will need to address, so it may take longer than normal to carry out more non-essential work.
The landlord has a three stage complaints policy. The policy states that at all stages the complaint should be acknowledged within two working days, that it will aim to issue stage one responds within 10 working days and stage two within 25 working days. Stage three of the landlord’s complaints procedure is for the complaint to be independently reviewed by the appropriate Ombudsman.

Assessment

The resident has complained about the delay in the landlord carrying out works to address the damp in the lower ground access area of her property and to her rear garden wall. The resident has also raised concerns about the safety of the electrical supply equipment due to the damp in the lower access area, where the electrical supply equipment is located.
Following the resident’s report of damp in the lower ground access area of her property on 26 September 2019, the landlord acted appropriately by inspecting the property within 3 working days and identifying the works required including the installation of a concrete fillet along the external lower ground wall and to make good the steps, and point the wall, that led to the lower ground floor access. The works were then completed on 15 October 2019, in accordance with the 20 working day timescales given in the landlord’s Housing Repairs Service handbook.
Once the external works had been completed the landlord raised a job to pave the under-stairs area and to address the internal water damaged walls in the lower ground access area. The job was raised on 28 October 2019 and the landlord emailed the resident to advise that an appointment had been booked to assess the works on 4 November 2019.
Following the resident’s email of 1 November 2019, the landlord also took steps to establish what the issue was with the rear garden wall, carrying out an inspection on 3 December 2019 and identifying the works that were required, including that trench would need to be dug and that tanking would be needed to stop the water penetration.
On 1 April 2020, the landlord explained that it was still was discussing the works to the lower ground access of her property with its Specialist Works team and Contracts manager in order to establish what would be carried out with regards to the area, that the issues with the garden wall were being considered by its major works team. The landlord’s Housing Repairs Service handbook allows for repairs that are more complex and which may involve specialist works to take longer than the timescales given in the handbook. However it also states that these will be completed within an agreed timescale. At this point in time there is no evidence of any proposed timescale being discussed with the resident. Between 3 December 2019 and 1 April 2020 there is no evidence of any other contact by the landlord regarding the works to the lower ground access area nor the garden wall, nor is there any other evidence of contact between its response of 1 April 2020 until the resident’s formal complaint to the landlord on 10 August 2020.
With regards to the resident’s concerns about the electricity supply equipment. If there were any question as to the safety of the ‘‘electricity supply box’’ (distribution board) this would be the responsibility of the electricity supplier and not the landlord. The distribution board being the responsibility of the electricity supplier. If any works are required to the distribution board, the electricity supplier is responsible and they should arrange for any repairs or alterations. There is evidence of the landlord being aware in October 2019 that the electricity supplier was to check its ‘‘electricity supply box’’ (distribution board) in the lower ground access area.
The consumer unit and everything connected after that are the responsibility of the landlord. If any works are required to these the landlord is responsible and they should arrange the electrician for any repairs or alterations. There is no evidence to suggest that the landlord was aware of any reason why the works to the electricity supply equipment for which it was responsible, may need to be carried out as an emergency or that any of the equipment was unsafe. The electrical equipment for which the landlord was responsible had been tested and deemed to be satisfactory on 12 February 2019. The consumer unit was also replaced at the time of the test.
Between October 2019 and 3 January 2020 there is evidence of the landlord looking into building a fire proof cupboard around the electrical equipment, raising a job to replace some insulated cables and being aware that the electricity supplier was to renew the board behind their distribution board. On 3 January 2020 the landlord advised the resident that its electrical contractor had ordered the parts and materials it needed to replace the cables, that were due the following week and that its electricity contractor would contact the electricity supplier once they had been received as they would both need to attend.
However, it was then not until 19 March 2020, over two months later, and following the resident chasing the landlord, that the landlord suggested that the works be put on hold due to the electricity needing to be shut down for four hours and that the resident may be working from home during Covid. Whilst this was not an unreasonable suggestion, the landlord provided no reasonable explanation as to why the job raised on 4 December 2019 (to replace the VIRs (Vulcanised rubber Insulated cable) with PVC double insulated cables) had not been completed by 19 March 2020, and prior to any Covid restrictions being in place.
The resident raised a formal complaint with the landlord on 10 August 2020.
The landlord failed to comply with its policy with regards to both its acknowledgement of and its response to the resident’s complaint of 10 August 2020, resulting in the resident having to chase the landlord’s for its response on 7 September 2020. The landlord then failed again to provide its response until 25 September 2020, some 14 days after the resident chased its response and some 34 days after the resident initially logged her complaint.
In its stage one complaint response of 25 September 2020, the landlord acknowledged that the works to the lower ground access area of her property and the issues with the garden wall were still outstanding, and that the fire proof cupboard to the ‘‘electricity fuse box’’ was delayed whilst it decided what works were required to render the walls in that location. The landlord justified the delays saying that, under Government Covid-19 restrictions, it was unable to carry out any works that were not an emergency or essential.
Given that the landlord’s Housing Repairs Service handbook states that damp works are categorised as routine repairs it was reasonable and in accordance with the Government guidelines at the time, for the works to be put on hold between 28 March 2020 and 18 May 2020. However, on 18 May 2020 the government Covid-19 guidance was updated, stating that that landlords should be able to carry out routine as well as essential repairs for most households. It was therefore not a reasonable for the landlord to explain in September 2020 that the delay continued to be due to it being unable to carry out anything but essential repairs, as that failed to reflect the government guidance that was in place at that time.
Whilst there may have been a reasonable explanation for the delays in the works going ahead such as the extent and complexity of the work, that the works might involve specialist works, staff or supply shortages and the backlog of works, this was not explained by the landlord in its response.
On 13 October 2020, the resident requested that her complaint be escalated to stage two. The landlord issued its Stage two response three days later on 16 October 2020. This was in accordance with the timescales set out in the landlord’s complaint policy. However, the rapid turn round time, three days, and the brevity of the landlord’s final response gives rise to concern about the thoroughness of the landlord’s review of the resident’s complaint at stage two.
In its final response of 16 October 2020 the landlord reiterated its position that due to Covid restrictions it continued to be unable to carry out any works that were not an emergency or essential. Again this failed to reflect the Government guidance that was in place at that time.
In addition to the landlord failing to correctly reflect the government guidance, the landlord also failed to keep the resident fully informed and updated on what the current position was with regards to both the damp works to the lower ground access area and the rear wall, as well as her concerns about the electricity supply equipment.
The Ombudsman’s COVID-19 guidance for landlords states that in instances where repairs cannot be undertaken or completed due to the restriction in place at the time this should be clearly explained to the resident. The guidance also states that it is most important to keep the resident fully informed and updated on the situation.
Having considered all the evidence, and for the reasons explained above, I am satisfied that there was service failure by the landlord in respect of its response to the resident’s concerns about delays to damp works to the lower ground access area and her garden wall, her concerns about the electricity supply equipment and its complaints handling. This is because the landlord failed to keep the resident updated with regards to the repairs throughout the process, failed to provide the resident with its stage one response in accordance with its policies and procedures and failed to provide the resident with a response to her complaint that was in accordance with the government restrictions at the time.
In a further email to this service on 13 July 2021, the resident said that she was contacted by the landlord in April 2021 to arrange for a surveyor to visit her property to establish what works were required to the lower ground access area and garden wall. The resident said that the inspection took place on 5 May 2021 and the report sent to the landlord on 17 May 2021. The resident said that in June 2021 a number of visits took place, including one by a structural engineer, following which she said she was advised that she would need to be decanted for up to 12 months for the works to take place. The resident said that she had concerns about the decant process and that she had asked the landlord for further information to enable her make an informed decision regarding her options, but had had no response. The resident also continued to express concerns about the electrical supply equipment.
Whilst this matter has not been considered as part of this assessment, a recommendation has been made for the landlord to contact the resident to discuss her concerns about the works currently proposed for her property, to provide her with reassurance with regards to the safety of the electrical supply equipment and to provide her with any relevant information that may assist her with the decant process.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme there was service failure by the landlord in respect of its response to the resident’s concerns about delays to damp works to the lower ground access area and the rear garden wall.
In accordance with paragraph 54 of the Housing Ombudsman Scheme there was service failure by the landlord in respect of its response to the resident’s concerns about the safety of the electrical supply equipment in the lower ground access area.
In accordance with paragraph 54 of the Housing Ombudsman Scheme there was also service failure by the landlord in respect of its complaint handling.

Reasons

With regards to the damp works to the lower ground access area and the garden wall, and the resident’s concerns about the safety of the electrical supply equipment in the lower ground access area:
1. It is acknowledged that there may have been legitimate reasons for the delay such the complexity of the works, a backlog of repairs or limited staffing resources due to the impact of the Covid-19 pandemic. However, if this were the case the landlord should have explained this to the resident rather than simply relying on statements about what repairs it was or was not able to carry out that were not supported by the government COVID guidelines at that time.
2. The landlord also failed to keep the resident fully informed and updated on what the current position was with regards to both the damp works to the lower ground access area and the rear wall, as well as her concerns about the electricity supply equipment.
The landlord failed to comply with its policy with regards to both the acknowledgement and its response, resulting in the resident having to chase the landlord’s for its response on 7 September 2020. The landlord then failed again to provide its response until 25 September 2020, some 14 days after the resident chased its response and some 34 days after the resident initially logged her complaint. The rapid turn round time, three days, and the brevity of the landlord’s final response also gives rise to concerns about the thoroughness of the landlord’s review of the resident’s complaint at stage two.

Orders and recommendations

Orders

That within 28 days of the date of this determination the landlord is to pay the resident a total of £400 compensation, comprising of:
1. £200 compensation with respect of its response to the resident’s concerns about delays to damp works to the lower ground access area and garden wall of her property.
2. £100 for its failure to provide the resident with a reasonable explanation for the delay in it progressing the works to the electrical supply equipment that was consistent with the government Covid-19 guidance at that time.
3. £100 compensation with respect of its complaint handling failures.

Recommendation

That within 28 days of the date of this determination the landlord is to contact the resident to discuss her concerns about the works currently proposed for her property, to provide her with reassurance with regards to the safety of the electrical supply equipment and to provide her with any relevant information that may assist her with the decant process.