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Longhurst Group Limited (202200148)

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REPORT

COMPLAINT 202200148

Longhurst Group Limited

30 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

  1. The complaint is about the landlord’s handling of:
    1. The resident’s reports of damp, mould and leaks from the landing window and various repairs in the property.
    2. The associated complaint.

Background and summary of events

Background

  1. The resident has an assured non-shorthold tenancy which started on 21 March 2019. The property is a 3-bedroom semi-detached house. The landlord is a housing association. The landlord advised that the resident has mobility issues.

Scope of investigation

  1. The Ombudsman notes from the evidence that the resident reported various repairs in the property, and communicated with the landlord about them between 4 September 2019 and March 2021. These included repairs to her window, stair rail and bath.
  2. The information provided by the landlord indicates that she raised a formal complaint in November 2020 which was addressed by the landlord in March 2021. The resident was advised of her right to request a review of the stage 1 response. However, this Service has not seen evidence of the resident’s escalation request to the next stage of the complaints process.
  3. There is evidence of further communication between the landlord and the resident between April 2021 and September 2021 about the repairs needed in the property. The landlord noted on 21 September 2021 that the resident called for an update on a large number of repairs (including the repairs to her window and stair rail) which had not been done for 2 years.
  4. Based on the evidence, the resident did not pursue the matter through the landlord’s complaints process until April 2022. This investigation therefore focusses on events that occurred within 6 months from the date of the stage 1 complaint in April 2022. This is an accordance with paragraph 42 (c) of the scheme which states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising. Any reference to these events will be for contextual purposes only.
  5. The Ombudsman notes the resident’s reference to the adverse effect that the landlord’s handling of the repairs has had on her health. Whilst this service is an alternative to the courts, it is unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health. These matters are likely better suited to consideration by a court or via a personal injury claim.​ Consideration has been given to the general distress and inconvenience that may have been caused to the resident.

Landlord obligations

  1. The Equality Act 2010 provides a legislative framework to protect the rights of individuals and to advance equality of opportunity for all. The landlord would be required to comply with the provisions for public bodies under the Act. Under the Act the landlord had a legal duty to make reasonable adjustments where there is a provision, criterion or practice which puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled.
  2. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair including drains, gutters and external pipes. The landlord also has a responsibility under the Housing Health and Safety Rating System, 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.
  3. The tenancy agreement sets out the resident’s and the landlord’s responsibilities. The landlord agrees to keep the structure and exterior of the resident’s property and installations within the home in repair and working order.
  4. The landlord’s repairs policy states that it will respond to:
    1. Emergency repairs – attend within 4 hours and make safe.
    2. Appointed urgent repairs within 7 calendar days.
    3. Appointed routine repairs within 28 calendar days.
  5. The policy further states that:
    1. The landlord may undertake a repair that would ordinarily be the resident’s responsibility where they are disabled or vulnerable or it may enhance the priority classification.
    2. Works related to mould and damp treatment are treated as appointed routine repairs. It will also provide guidance on how to prevent condensation and mould to residents.
  6. The landlord complaints policy (effective December 2020) states that it will aim to respond to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days.
  7. The landlord’s compensation policy allows for financial payments of redress where service failure has been determined. It will make awards in the range of £250 to £700 for cases where there has been considerable service failure or maladministration, but there may be no permanent impact on the complainant.

Summary of events

  1. The following events occurred between January 2022 and March 2022:
    1. The resident advised the landlord that the window had been repaired but she needed to speak to someone about the stair rail and the door handle.
    2. The resident called the landlord on 2 and 9 March 2022 for an update on the outstanding repairs. The landlord responded on 9 March 2022 that it had instructed its contractor to install a new handrail urgently and repair the landing window. It said it had also arranged for a mould specialist to attend the property.
    3. The resident informed the landlord on 31 March 2022 that nothing had been done and she was not able to keep the house warm due to the faulty window. The landlord assured her that it was following this up with the contractors.
  2. The resident submitted a complaint to this Service on 4 April 2022. She said:
    1. The landlord should apologise for not dealing with her complaints in accordance with the timeframes within its policy and for failing to record phone calls and letters sent on its system.
    2. There were various outstanding repairs since the start of the tenancy and other repairs that had not been properly carried out.
    3. The stair rail was incorrectly fitted at the wrong height causing a safety concern. She had not been able to decorate the house due to the outstanding works including a leaking window which had caused cold, damp, mould. Other repairs were badly fitted baths, electrical issues caused by leaks, and doors not closing properly.
    4. The landlord should rectify any faulty repairs carried out by its operatives and compensate her for the additional heating costs incurred in keeping the house warm and drying the walls and floors from leaks.
    5. The landlord should also cover the cost of redecorating areas damaged by mould.
  3. This Service wrote to the landlord on 5 April 2022 and advised that the resident had made contact regarding an outstanding complaint.
  4. The landlord wrote to the resident on 11 April 2022 and advised her that it would look into the issues raised during their phone call and respond to her complaint within 20 working days.
  5. The landlord noted on 13 April 2022 that it had made arrangements for a mould specialist to attend on 15 April 2022 or the week commencing the 25 April 2022.
  6. On 3 May 2022 the resident wrote to the landlord and provided an extensive list of repairs required to various parts of the property. She also said:
    1. She previously made complaints about the condition of the property in November 2019, 2020, 2021 and 2022 but she had not received any formal responses.
    2. The mould specialist telephoned on 12 April 2022 and asked to attend on the day as opposed to the appointment previously advised and she had to decline the visit as it was not planned. Due to her health and care needs, visits or works needed to be arranged with at least 2 days’ notice and confirmed by email, text messages or letters. The extractor fans were faulty and mould had damaged various areas in the property including her personal belongings.
    3. Repairs to the landlord window remained outstanding so it continued to leak whenever it rained. She was previously advised by one of its staff that the whole window needed to be refitted as the replacement was not carried out correctly.
    4. She would like a representative of the landlord’s to be present and oversee works by its contractors due to the poor standard of works, and unprofessional behaviour.
    5. The stair hand rail repairs was satisfactorily completed on 19 April 2022.
    6. Heating in the house was not efficient due to draughty windows, lack of insulation and the recently replaced boiler.
    7. There were extensive repairs needed to the bathroom, toilet, kitchen and cracks in the walls and ceilings.
    8. She was frustrated with the lack of customer care and lack of professionalism as the repairs could have been carried out years ago.
  7. The landlord noted in its internal communication on 3 May 2022 that the only works it could find was a lock change that was completed in February.
  8. The landlord advised the resident on 5 May 2022 that it was arranging a meeting with its repairs team regarding her outstanding repairs. It apologised for the delay in responding to her complaint.
  9. The landlord requested a quote for works in the property on 11 May 2022. It also advised the resident that it would make arrangements for another company to carry out the repairs in the property.
  10. The resident chased up an update on the repairs on 19 May and 27 May 2022. She said the delay was affecting her health and asked if the landing window could be refitted properly and made water tight to stop the leaks. The landlord responded that it did not have an update but it would continue to follow up the case.
  11. The resident informed the landlord on 9 June 2022 that the mould specialist (surveyor) turned up unannounced at the property. She reminded the landlord that all visits had to be prearranged. She said the surveyor gave advice on condensation and assured her that the mould would be resolved.
  12. The landlord responded to the resident’s stage 1 complaint on 15 June 2022. Below is a summary of the response:
    1. It offered £250 and apologised for the significant delay, distress and inconvenience due to the poor communication and poor service in getting her repairs completed.
    2. It said it was unacceptable that she had not been given any information regarding the outstanding works in the property following her previous complaint.
    3. The new contractors appointed for the works advised that they aimed to complete all the repairs within 6 weeks. It would contact her to ensure that the works had been completed to her satisfaction.
  13. The resident wrote to the landlord on 13 July 2022. She said:
    1. The landlord failed to complete the repairs as stated in the stage 1 response and it did not specify what repairs would be completed.
    2. She had not been contacted since the mould inspection was completed and none of the actions discussed had been carried out.
    3. She was unable to report a fault with her shower as she was told that only 3 repairs could be reported at once but repairs raised since 2019 remained outstanding.
    4. Her personal items had been damaged by mould and the property smelled of damp.
    5. The condition of the property was not suitable due to her health condition but it was ideal in terms of size and location. However, she would be willing to move if the landlord had a similar property but in better condition.
  14. On 18 July 2022, the landlord reassured the resident that she could report any new repairs. It further advised that it would be chasing the contractors to ensure the works were progressing as agreed. The resident also informed the landlord that the contractors turned up unexpectedly but she could not allow access as she had personal appointments.
  15. The landlord acknowledged the resident’s stage 2 complaint on 28 July 2022 and advised that it would respond to her by 25 August 2022. It also said it had set up a meeting with the repairs team to find out why no works had been carried out.
  16. The resident contacted the landlord on 29 July 2022 and stated that a visit should have been carried out to ascertain the works needed.
  17. On 4 August 2022, the landlord advised the resident that it would arrange for a  surveyor to attend the property and compile a list of repairs required. It said it would get the repairs raised with its new contractors once agreed.
  18. The landlord contacted the resident on 19 August 2022 and advised that it was pleased to hear that a surveyor visited her earlier in the month. It assured her that the surveyor was working hard to ensure all the repairs were raised with its new contractors. It also asked for the extension of her complaint to 8 September 2022 to ensure that the new contractors were given enough time to arrange appointments with her.
  19. On 22 August 2022, the resident agreed the extension of the complaint. She said she would like to receive the full breakdown of works that had been agreed and an explanation for any works that had not been authorised. She would like the landlord to fully decorate the stairs, hallway and landing areas as a gesture of goodwill.
  20. This Service wrote to the landlord on 11 September 2022 and asked it to respond to the resident’s stage 2 complaint by 19 September 2022.
  21. The landlord carried out a heat loss survey on 28 September 2022.
  22. The landlord responded to the resident’s stage 2 complaint on 29 September 2022. It said:
    1. It was sorry for the delay in responding to the complaint.
    2. A complete list of repairs was reviewed during an appointment with a surveyor on 11 August 2022.
    3. Extensive repairs had been completed in the property including repairs to the landing window, skirting works, bathroom repairs, extractor fan repairs and windows.
    4. It said further works such as repairs to the landing window, rear gutters, and downstairs bathroom had been scheduled for 30 September 2022.
    5. It advised that certain works would not be carried out and it provided an explanation for the decision. These included her request to change patio doors or install a window, and her request for decoration as this was the resident’s responsibility.
    6. Regarding the heating system, an inspection had confirmed that at the last service of her boiler, no faults or recommendations were found. However it had arranged an appointment to carry out a heat calculating test to confirm if the boiler was sufficient or not.
    7. It had passed her request for a potential move to an adapted property to its Housing Service Team to contact her separately to go through the details and process.
    8. It offered a total of £450 in compensation. This comprised of £150 due to the delay in responding to the complaint, £150 for the distress and inconvenience caused by its handling of her repairs since moving in, and £150 for the time and trouble in reporting the repairs repeatedly and accommodating its inspections.

Summary of actions after the complaints process had been completed

  1. The landlord contacted the resident on 10 October 2022 to discuss the heat test report.
  2. The landlord noted that it attended the property on 12 October 2022 and cleaned the gutters around the house, installed new gutters and down pipe on the back dormer. It also sealed a big gap with brown silicon and measured the kitchen windows up for new hinges.
  3. The landlord contacted the resident on 24 November 2022 to arrange an appointment for a survey of the property regarding the issues with condensation and mould. It asked if it could visit on 8 December 2022. The resident accepted the appointment but she said:
    1. Many surveys had been carried out in the past but none of the recommendations were implemented. The mould on the stairs had spread on the stair treads and she had been cleaning it. This had been affecting the health of her family.
    2. The information in the stage 2 response was not accurate as the landlord had failed to carry out the repairs. Operatives damaged some personal items when they were cleaning the mould on some of the windows and ceilings. She had submitted a report but it had not replaced the items as promised.
    3. Rainwater was constantly leaking through the landing window and it needed to be repaired urgently.
    4. The landlord had failed to keep her updated.
  4. The landlord responded on 28 November 2022 that a survey would be conducted to determine the remedial works required.
  5. The landlord informed the resident on 19 December 2022 that it had agreed costs for works identified during the survey. It said works would include 2 kitchen windows, a survey for the installation of a ventilation solution and installation of radiators.
  6. On 20 December 2022 the landlord issued a works order for damp and mould remedial works and various other repairs including works to the kitchen and stairwell window.
  7. The resident continued to contact the landlord between January 2023 and June 2023 regarding the heating and other works outstanding.
  8. The landlord agreed to pay the resident £90 on 8 August 2023 for damage caused to personal items. It noted that the resident requested that payment should be credited to her rent account.
  9. The landlord noted on 14 August 2023 that moderate damp and mould was observed at a stock condition survey on 4 August 2023.
  10. On 18 August 2023 the landlord advised the resident that its building surveyor noted concerns about a leak from the window causing mould and damp to her staircase. It said an appointment had been arranged for a survey on 5 September 2023.
  11. The resident wrote to this Service on 29 September 2023 and asked for her complaint to be looked into. She said it had taken almost 4 years to carry out the repairs to the landing window but the repairs had not resolved the issues. She said the landlord had failed to keep accurate account of repairs reported, visits conducted and other vital information as noted from a subject access request she had made.
  12. The landlord noted on 18 October 2023 that it had approved payment of an invoice for works completed by its contractors.
  13. The landlord conducted a survey of the landing window on 4 September 2023. It said this was a relatively new window fitted approximately 18 months ago but it continued to leak. It said the window was structurally sound and secure but not sealed correctly externally. It arranged for works to check the rubber seal on centre mullion and re-seal around the frame externally.
  14. The landlord advised that various repair issues were identified on 11 April 2024 during an inspection of the property. These included works to the bathroom shower, guttering, landing window, mould treatment, investigations into the resident’s concerns about gaps in the cavity insulation and bathroom extractor fan.

Assessment and findings

  1. The Ombudsman’s Dispute Resolution Principles are:
    1. be fair.
    2. put things right.
    3. Learn from outcomes.
  2. This Service will apply these principles when considering whether any redress is appropriate and proportionate for any maladministration or service failure identified.

The resident’s reports of damp and mould and leaks from the landing window and various repairs in the property

  1. The importance of clear record keeping and management cannot be over emphasised, given the impact it has on landlords’ effective overall service provision. This Service’s knowledge and information (KIM) spotlight report explains how a landlord’s services can be held back by weaknesses in data and information which can turn an ordinary service request into an extraordinarily protracted complaint. It further notes that if information is not created correctly, it has less integrity and cannot be relied on. This can be either a complete absence of information, or inaccurate and partial information.
  2. In our investigation of this case, this Service has had to rely mostly on the emails sent by the resident for a breakdown of the repairs she had reported. Although the landlord has not provided a repairs log or full history of the repairs, there is some evidence of various repairs reported since the start of the tenancy. Whilst the evidence corroborates the resident’s reports of these historical repairs requests, there is indication of some attempts on the landlord’s part to either investigate or remedy these issues. This is noted in the landlord’s survey report dated 4 September 2023 which stated that the landing window had been replaced within approximately 18 months of the inspection.
  3. This said, the missing repair records has made it difficult to ascertain the steps taken by the landlord to investigate the resident’s reports since January 2022. Dates of any visits completed, the findings or reports from these inspections and works completed to resolve the repairs remain unclear throughout the life of the case. It is a fundamental part of providing a good repairs service to keep accurate records of repairs. This should include dates repairs were requested, accurate detail of the works required, dates for appointments and works completed. The landlord failed to demonstrate that it had kept accurate records of the repairs reported by the residents.
  4. We have seen from the evidence that the resident’s reports about the landing window and her concerns about mould were reported between January and March 2022. An initial survey was attempted on 12 April 2022, but the resident was unable to allow access as this was unplanned. The survey subsequently took place around 9 June 2022, but the report from the survey and any recommendations made are not known.
  5. Whilst the survey was delayed, the landlord assured the resident in its stage 1 response dated 15 June 2022, that all works would be completed within 6 weeks of the date of the complaint response. It acknowledged that the repair requests had been poorly handled and it apologised to the resident. This suggests that the landlord had learned from its mistakes and would take steps to put things right for the resident. As of 13 July 2022, the resident stated that no one had contacted her despite the promises made by the landlord. She continued to chase the landlord for an update on the damp and mould treatment up until 8 December 2022 when it carried out another survey. Although it issued a works order for repairs on 20 December 2022, the works carried out remain unclear as we have not been provided clear evidence of such works.
  6. It is of concern to this Service that the resident’s vulnerability was not taken into consideration throughout the investigation of the case. The resident repeatedly advised the landlord in numerous correspondences that the property was cold, damp and unsuitable for her health but the landlord failed to take this into account. Even though the resident asked for a more suitable property due to her health, on 13 July 2022, it missed another opportunity to assess any risks to her and determine if reasonable adjustments had to be made in adherence with its duties under the Equality Act 2010. This is a significant failing on the landlord’s part.
  7. As of 4 August 2022 (8 months after the resident reported the repairs), the landlord had not ascertained the works required in the property even though it said the works had been assigned to its contractors. The works description provided by the resident in various emails suggested extensive works were required to the property. It would have been reasonable for the landlord to have conducted a survey of the condition of the property before making promises on the timescales for completion of the repairs. It failed to manage the resident’s expectations and gave unrealistic assurances. This is unreasonable.
  8. This Service’s spotlight report on damp and mould published in October 2021, outlines that it should be treated as a high priority. Landlords should take a zero-tolerance approach, be proactive in identifying potential problems, extend investigations to other properties in a block, and clearly communicate to residents about actions. Whilst the evidence shows that inspections or surveys were carried out, the landlord failed to communicate its plans and actions with the resident. This would have caused the resident further distress and frustration particularly in light of her concerns about the impact the leak, mould and damp was having on her health.
  9. The resident experienced over 18 months of inconvenience, distress and due to failed expectations. Although the landlord advised in its stage 2 response that various repairs had been completed, this Service has not been provided with copies of any completion certificates or photographs confirming the condition of the property. The resident also informed this Service in a telephone conversation on 23 April 2022 that none of the repairs raised with the landlord had been satisfactorily completed. It is noted that the leaking window in the landing and mould treatment was still identified as one of the outstanding repairs in the property from its inspection on 11 April 2024 (over 20 months after the resident reported the repairs).
  10. From the evidence provided, this Service cannot conclude that repairs were undertaken as set out in its policy position and tenancy obligations. It agrees under the tenancy agreement with the resident, to repair and maintain the structure of the property, but its actions in the handling of the repairs are unclear and do not provide certainty that it complied with the agreement. There is also evidence of a lack of coordination, poor communication, poor record keeping and collaborative working between the landlord and its contractors which clearly prevented any progress on the outstanding repairs.
  11. While it may be the case that the landlord outsourced the repair works to an external organisation, this Service would expect it to take ownership and proactively manage the repairs when it became apparent that the works were not being effectively managed. It is therefore the Ombudsman’s opinion that it had not met its contractual obligations to the resident to facilitate and manage the outstanding repairs. The landlord offered a total of £550 in compensation for the distress, inconvenience and time and trouble to the resident when it responded to the stage 2 complaint. This is in line with its compensation policy. However, it did not keep to its promise to complete all outstanding repairs in the property, and it has admitted that some repairs remain outstanding.
  12. In response to our request for information, the landlord informed this Service that:
    1. It accepts that the time taken to complete the residents repairs was overdue and had caused distress and inconvenience.
    2. It would be working with its contractors to ensure the repairs identified on 11 April 2024 were arranged promptly with the resident and they were kept updated and monitored to completion.
    3. It would update the Ombudsman once the repairs had been completed.
    4. In recognition of the further issues the resident had experienced and the number of visits made to the property, it would like to offer a further £2000 in compensation. This is in recognition of the further delays and inconvenience this had caused them.
  13. The Ombudsman acknowledges the landlord’s attempts at reaching a resolution and in putting things right, but these steps should have been taken earlier in the process to minimise the distress and inconvenience to the resident. Based on the above, there is evidence of significant failings in the landlord’s handling of the resident’s repairs which amounts to maladministration. Its repairs policy states that appointed repairs will be completed within 28 days, but the evidence shows that various works including the leak from the faulty window, damp and mould remained unresolved as of 11 April 2024.

The landlord’s handling of the associated complaint

  1. The landlord was put on notice of the resident’s stage 1 complaint by this Service on 5 April 2022. It had 10 working days to respond to the complaint according to its complaints policy. However, it did not respond to the complaint until 15 June 2022, more than 2 months after it was received. This is not appropriate and would have caused the resident some frustration.
  2. The resident’s stage 2 complaint was also delayed. She requested the escalation of her complaint on 29 July 2022 but the landlord responded on 29 September 2022 (over 40 working days later). This fell far outside the 20 working days timescales stated in its complaints policy. This shows that the landlord had not learned from its previous errors.
  3. There were also inconsistencies in the stage 2 responses and it was difficult to identify what repairs had been completed and which ones were outstanding. For example the landlord provided a list of completed works and stated that the repairs to the leaking landing window had been completed. However, it also listed works to the landing window under works to be completed. This was confusing. Also, the list provided did not include dates that the works were completed and the details of works done.
  4. The landlord also provided a list of works requested by the resident that it had refused. It is concerning that this included her request for redecoration to damaged areas due to a leak. It said this was the resident’s responsibility. It is unclear if it deemed it the resident’s responsibility because she was responsible for the damage. The resident did request that it put right the damage caused as a result of the prolonged delays and damage caused to certain areas of the property. Its compensation policy states that it will carry out a thorough investigation of requests for compensation and consider awarding it if there is evidence of a failing. In light of this, the landlord’s response was not appropriate.
  5. The landlord failed to adequately address the level of compensation required to resolve the complaint satisfactorily and only did so 19 months after the complaint had exhausted its internal complaints procedure.
  6. The landlord acknowledged some of the failings in the complaint handling during the life of the case. It apologised for the delay in responding to the complaints and offered a total amount of £150 for the inconvenience caused to the resident. The amount offered failed to take into account the detriment to the resident as a result of the delays. The landlord informed this Service that it recognises that its responses to the resident’s complaint, did not meet its policy requirements or the requirements set by the Housing Ombudsman’s Complaint Handling Code. It said it had recently updated its letters and provided further training to its complaints team to ensure every point is addressed and there is a clear action plan for any outstanding issues, including keeping its residents informed.
  7. Overall, there is evidence of maladministration in the landlord’s handling of the complaints. This left the resident in a complaints process, with no clear outcomes agreed and no clear timescale for works to be completed. It also took intervention from this Service for the landlord to respond to the complaints. This would have caused the resident significant distress, inconvenience and time and trouble.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports of damp and mould and leaks from the landing window and various repairs in the property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the associated complaints.

Reasons

  1. The landlord failed to provide a full record of the resident’s history of repair requests to the property. It also failed to resolve the resident’s repairs in a timely manner and in accordance with its repairs obligations. Whilst there is some indication of works carried out, this has not been clearly evidenced. It also failed to assess any risks to the resident who is vulnerable throughout its handling of the case.
  2. There were significant failings in its response to the resident’s stage 1 and stage 2 complaints. It acknowledged the delay in its final response but the compensation offered did not reflect the detriment to the resident. The final response did not fully address the resident’s complaint and it had some inconsistencies.

Orders

  1. The landlord should within 4 weeks of the date this report:
    1. Apologise to the resident for the failures identified in this report.
    2. Pay the resident the amount £3000 broken down as:
      1. £2700 already offered if it has not yet been paid to her.
      2. £300 for the frustration and time and trouble to the resident caused by the landlord’s complaint handling.
    3. Ensure that all compensation awarded is paid directly to the resident.
    4. Provide evidence of compliance with the above orders to this Service.
  2. Within 8 weeks of the date of this report, the landlord should:
    1. If it has not already done so, contact the resident to arrange an inspection of the property by a qualified surveyor to ascertain any outstanding works in the property. If any works are identified, it should set them out in writing with an action plan including dates for the remedial works. This should include its plan to resolve the damp and mould if this has not been fully addressed. The response should also clearly set out reasons for any works that it would not undertake. A copy should be provided to this Service.
    2. Support the resident to facilitate an insurance claim for damages if she wishes to pursue this.
    3. Carry out a review of the handling of the repairs to determine what went wrong and what action the landlord should take to prevent a reoccurrence of the failings identified. A copy of the review should be provided to this Service.
  3. We have previously recommended that the landlord review its record keeping processes to ensure that repairs reported by residents and actions taken are accurately captured. The landlord took our recommendation on board and advised that since July 2022, it had made a number of changes to improve the service and ensure repairs are captured more effectively. We have therefore not made any further orders regarding its record keeping.