Homes Plus Limited (202332724)

Background

1. The resident reported a leak coming from the loft on 31 October 2023 causing mould to form on the ceiling. He reported the leak again on 14 November 2023 and told the landlord that he had mould all around his property. The resident complained to the landlord on 4 December 2023 that the issues he reported were not taken seriously and the damp in the property was worsening.

What the complaint is about

2. The landlord’s response to the resident’s reports of:
   1. A leak from the roof including damaged loft insulation.
   2. Damp and mould.
3. We have also investigated the landlord’s response to the resident’s complaint.

Our decision (determination)

4. There was service failure in the landlord’s response to the resident’s reports of a leak from the roof including damaged loft insulation.
5. There was maladministration in the landlord’s response to the resident’s reports of damp and mould.
6. There was service failure in the landlord’s response to the resident’s complaint.

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

Summary of reasons

7. The landlord failed to appropriately raise an emergency when the resident reported a leak in his roof.
8. The landlord did not offer a scheduled appointment for a further report of a leak when the resident was not available for an emergency appointment.
9. The landlord failed to arrange an initial inspection for damp and mould, and there was a delay in raising repairs identified in a subsequent inspection.
10. There were minor delays in the landlord’s handling of the resident’s complaint escalation request.

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.

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.

11. We note that some repairs related to the loft insulation and roof leak occurred after the landlord issued its final complaint response. Our role is to assess how the landlord handled the complaint, which means the landlord must have had an opportunity to respond before we investigate. It is therefore fair and reasonable that we only consider events up to the date of the landlord’s final response on 15 February 2024.
12. The resident told us he was concerned that the loft insulation had been in poor condition since the start of the tenancy. The landlord has not had an opportunity to respond to this and therefore we have not considered this in our investigation.
13. The landlord’s repairs policy states that it would attend an emergency repair the same day. It does not have timescales to complete standard repairs. We expect landlords to complete repairs within a reasonable time therefore we have assessed them against what we believe to be reasonable. We note the landlord has since updated its repairs policy to include these timescales.
14. On 31 October 2023 the resident reported a leak into the loft and mould on the ceiling. The landlord arranged a routine repair. The landlord acknowledged in its stage 1 complaint response that this was not appropriate and that it should have treated the leak as an emergency repair. It apologised and offered compensation.
15. On 14 November 2023 the landlord raised an emergency repair following further contact from the resident. This was appropriate and in line with its repairs policy which says an emergency repair is required when there is a risk to life, a real threat of serious injury or damage to property. The landlord attended the same day and repaired the roof tiles to rectify the leak.
16. On 29 November 2023 the resident told the landlord he was concerned that there was no loft insulation. The landlord attended on 30 November 2023 and explained that it would address any problems with the loft insulation after the pest treatment had finished. This approach was reasonable to ensure all the pests had been removed before undertaking any work. On 18 December 2023, the landlord inspected the loft and confirmed that insulation was present. It was reasonable that it checked to address the resident’s concerns.
17. The landlord completed a temporary fix of the roof on 21 December 2023 and requested follow-on works. It advised the resident in its stage 1 response that these were scheduled for 8 January 2024 but they took place on 3 January 20204. The landlord at the time did not give a timescale for such repairs. However, we consider the time taken of 7 working days (taking into account the bank holidays) to be reasonable.
18. On 28 December 2023 the resident reported another roof leak. The landlord attended an emergency appointment the following day. This was appropriate given the resident made the report to its out of hours service. On 3 January 2024 the landlord completed various repairs including to the gutters and roof. It also re-laid the loft insulation and treated the mould within the property.
19. The landlord carried out a post-inspection on 10 January 2024 and confirmed the repairs had resolved the issue. After the resident raised concerns, the landlord reviewed the matter again on 23 January 2024 and concluded that the remaining wet areas resulted from the previous leak. It was reasonable for the landlord to reach that decision on the basis of advice given by a qualified staff member or contractor.
20. On 8 February 2024 the resident reported that the roof was still leaking and affecting the bedroom ceiling. The landlord offered an emergency appointment that day which was appropriate, but the resident declined as he had a medical appointment. The landlord subsequently raised a repair on 15 February 2024. The time taken to do so was not reasonable; it should have agreed an appointment for a repair with the resident more promptly so that he was not living in a property with a leak and to prevent damage to the property.
21. In its stage 2 response, the landlord acknowledged that previous work had not resolved the issue. It confirmed that it would return to complete repairs and keep the resident updated, which was reasonable.
22. In summary the landlord awarded £100 compensation for its failure to respond to his initial report of the leak as an emergency repair. The landlord acted appropriately regarding loft insulation. However, we identified an additional failure in responding to a further report of a leak in early February 2024. Therefore, we have found a service failure and ordered the landlord to pay the resident an additional £100 compensation, in line with our remedies guidance, to acknowledge the distress and inconvenience caused.

23. The landlord’s damp and mould policy states that upon receiving a report of damp and mould, it will:
24. Book an inspection appointment within 2 working days.
25. Complete an inspection within 7 working days of it being reported.
26. Request any associated repairs within 3 working days of the inspection.
27. On 31 October 2023 the resident raised concerns about damp and mould on the ceiling. The landlord failed to book an inspection survey within 2 days of this report. This meant it also failed to complete an inspection within 7 days of the report. This was inappropriate because it failed to act in line with its damp and mould policy. The landlord booked the inspection for 30 November 2023. We acknowledge it had difficulties speaking with the resident to arrange this.
28. On 30 November 2023 the landlord identified repairs to treat mould and prevent it from returning. It raised these repairs on 6 and 7 December 2023 which was inappropriate because it falls outside of its policy. When raising the repairs, the landlord failed to include the extractor fan installation. It raised this on 22 December 2023 which was also inappropriate. We expect the landlord to raise follow-on repairs in line with its policy.
29. The landlord completed mould a treatment on 3 January 2024 in the kitchen, bathroom, and bedroom. The landlord did not confirm dates for the outstanding repairs in its complaint responses. It later confirmed that it installed a kitchen extractor fan and a PIV unit on 29 April 2024 – 103 working days after identifying the repairs. This was inappropriate because the landlord’s policy states it should complete major repairs within 60 days.
30. The resident told us that the damp and mould damaged his possessions in the kitchen. The Ombudsman cannot determine negligence or liability in the same way as a court or order damages for these items; only a court can make a legally binding decision. Similarly, we do not assess claims as an insurance provider would or award financial redress for damaged items that should be covered by insurance. However, we have assessed whether the landlord responded appropriately to the resident’s compensation request in line with its policy and procedure and followed good practice when reaching its decisions.
31. The landlord did not acknowledge its failures in handling the resident’s reports of damp and mould. Considering its failure to raise an initial inspection promptly and delays in raising identified works, we have made a finding of maladministration. We have ordered the landlord to award the resident £150 compensation. This recognises the landlord’s failure to follow its policy and acknowledges that, while there was no permanent impact on the resident, the delays caused inconvenience and frustration.

32. The landlord’s complaints policy states that it will:
    1. Log and acknowledge a complaint within 5 working days of receiving it.
    2. Respond to the complaint within 10 working days of acknowledging it.
    3. Respond to a stage 2 complaint within 20 working days of acknowledging the request.
    4. Discuss with the resident if an extension is necessary and explain the delay.
33. The landlord appropriately raised a complaint on 8 December 2023 for the resident following his expression of dissatisfaction. It acknowledged the complaint and responded at stage 1 on 22 December 2023 within its timescales of 10 working days.
34. The resident asked the landlord to escalate his complaint on 2 January 2024. This was not acknowledged until 16 January 2024. It is noted that the landlord reached out to the resident to discuss his dissatisfaction on 10 January 2024. The landlord does not state in its policy a timescale to acknowledge a stage 2 request, however it would have been reasonable to acknowledge the resident’s request within 5 working days. We recognise that the landlord now has a timescale to acknowledge a stage 2 escalation, in line with the code.
35. The landlord responded to the resident on 15 February 2024. This was 22 working days after it acknowledged the review request. This was inappropriate of the landlord as it was outside its timescales in its policy of 20 working days.
36. Taking into account the low impact the landlord’s complaint handling failure had on the resident, we have made a finding of service failure. In line with our remedies guidance, we have ordered the landlord to pay the resident £50 compensation. This reflects that these were minor failures by the landlord and had a likely low impact on the resident.

Learning

37. The landlord should ensure that all follow-on repairs are raised after inspections are completed to prevent unnecessary delays in completing repairs.
38. We found that record keeping by the landlord overall was good.
39. The landlord must ensure it acknowledges complaints within its timescales.