Paradigm Housing Group Limited (202222919)

REPORT

COMPLAINT 202222919

Paradigm Housing Group Limited

26 June 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 response to reports about:
1. Pests (pigeons and associated debris).
2. Communal cleaning and maintenance including fly tipping.
3. Urine on the carpet.
4. Electric wires hanging from the ceiling in the communal area.
5. Damp and mould.
6. Flooding downstairs.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident is an assured tenant of the landlord which is a housing association. The property is a one-bedroom flat on the first floor of the building and the tenancy began in September 2022.

Summary of events

On 6 October 2022 the resident complained to the landlord about mould, lack of communal cleaning, loose electric cables in the ceiling, pests, and the impact on her health and wellbeing as she reported experiencing rashes, difficulty breathing, itchy eyes and irritation. She repeated her reports by telephone on 21 October 2022 when the landlord called to discuss the complaint with her, following intervention by the resident’s MP on 19 October 2022. The resident made additional reports about discarded cigarette ends on the floor, a cooker being fly tipped 2 weeks ago, and someone urinating on the mat in the communal area.
On 1 November 2022 the landlord and managing agent discussed the reports, after a visit to the property, and the following actions were taken:
1. Work was raised to clean the pigeon debris and proof the external area.
2. Jobs were raised to remove a fly tipped cooker and rubbish from the communal area.
3. Following a leak from another property which had been resolved, works were raised to redecorate and resolve damage to the communal area.
4. A plan was made to increase the frequency of the communal cleaning and maintenance (although this may increase service charges).
5. An offer to inspect the mould, and re-visit following an earlier inspection once the resident confirmed the areas she had reported as being urinated on.
6. It would liaise with the managing agent to establish outstanding work and complete this.
On 4 November 2022 the landlord issued its stage 1 response. It confirmed the works arranged as a result of the resident’s reports:
1. A deep clean of the area by the fire exit outside and pigeon proofing.
2. The rat reports were logged on 11 October 2022 and pest control attended to bait the area on 21 October 2022; they would return 2 more times.
3. Cigarette ends were removed and it considered adding wall mounted ash trays to prevent further littering
4. The fly tipped cooker would also be removed
5. It had visited on 28 October and 2 November 2022 and did not identify urine on the door mat but it would replace this following the resident’s report
6. The ceiling report was logged on 11 October 2022 and the landlord attended on 28 October 2022 and ordered replacement panels. It would arrange redecoration and plastering in the communal area following a leak in one of the flats which had now resolved.
7. The communal area was currently cleaned once a week to contractual standards, and it could consider increasing the frequency, given the high footfall in the building, but it would need to consult with residents first because of the service charge increase implication.
8. It invited the resident to confirm her availability for a damp and mould inspection.
On 29 November 2022 there was a report of a blocked main drain; the landlord repaired this on 30 November 2022. The same day, the landlord logged the ceiling repair and scheduled the works within 60 days. Plastering and ceiling repairs were carried out in December 2022 and completed in March 2023.
The resident escalated her complaint to the Ombudsman on 27 December 2022, explaining the health and wellbeing impact of the pigeon debris (she contacted her GP 9 times in 2 months due to rashes) and that there had been flooding downstairs which prevented her from gaining access to the property, and repairs were not carried out.
Following the Ombudsman’s intervention in March 2023, the landlord discussed the complaint with the resident and noted the additional report of the main entrance flooding.
A landlord surveyor inspected the property on 14 April 2023 and reported that there was no mould, as this had been treated at the start of the tenancy and the resident’s concerns related to the historical condition when she was handed the keys. The previous mould to the external wall in the bedroom and part of the junction had not returned, and moisture readings did not show mould. The current moisture in the property was considered to be effectively managed by the resident.
On 18 April 2023 the landlord cleared the hallway of clothing items which had been reported to it and inspected the netting outside the building, identifying a repair that was needed to the pigeon proofing.
In the landlord’s stage 2 response of 21 April 2023, it addressed the reports as follows:
1. It had not found any damp and mould after this had been treated in the past.
2. It arranged a repair to the netting, a jet clean and a wash of the area scheduled for 13 May 2023.
3. It had cleaned the hallway but apologised for failing to consult with residents about increasing the cleaning and associated service charges. It would now ask its team to inspect the standard of cleaning and review this in May 2023.
4. The ceiling was partly repaired and this would be entirely completed on 2 June 2023.
5. In response to the new report of flooding, it had previously identified an issue with the mains water pipe and since monitored this in weekly visits. It did not see new signs of entrance flooding during heavy rain. If this happened, the resident should contact it.
6. The carpet would be replaced by the end of July 2023 and residents would be kept updated.
7. It would liaise with the managing agent on a periodic basis to ensure their responsibilities were met. A visit would take place on 17 May 2023 to ensure that the actions were complete and it would aim to visit weekly.
On 25 July 2023 the resident reported the outstanding actions to the landlord:
1. The pigeon netting repair was supposed to be completed on 13 May 2023 but it was not. The area had also not been jet washed as promised.
2. The carpet was supposed to be replaced on 2 June 2023 but this had not happened.
3. An inspection arranged for 17 May 2023 to check that everything was done was not carried out.
On 26 July 2023 the landlord explained that it had visited the property but decided to clean the carpet rather than replace it. This had been completed, and other works were due to be completed by the managing agent, so the landlord would speak with them.

Assessment and findings

Scope of the investigation

The focus of this investigation is from October 2022 (when the resident first reported repairs and concerns) to April 2023 (when the landlord issued its stage 2 response). Reference is made to events after this in July 2023, only in so far as they relate to the issues under investigation here. New reports of dissatisfaction which arose after this period would first need to be raised with the landlord as a formal complaint, so it has the opportunity to address them locally in the first instance (reflected at paragraph 42(a) of the Scheme). The resident’s report of rats was not escalated to stage 2, therefore, the landlord’s handling of those reports are not within the scope of this investigation.
The resident’s reports about the impact of the pigeon debris on her health is acknowledged; however, the Ombudsman has not considered the complaint of personal injury as it is unable to establish a causal link between the landlord’s actions and any resulting injury to the resident. The resident may wish to seek independent advice on making a personal injury claim if she wishes to pursue this matter further (reflected at paragraph 42(f) of the Scheme).

Policies and Obligations

The landlord has referred to the managing agent’s remit over some of the responsibilities for repairs. Details of the division of responsibilities are not clear; the Ombudsman has investigated the landlord’s service in respect of its responsibilities as set out in the Tenancy Agreement, Repair Policy, and its acknowledged overarching responsibility to communicate and work with the managing agent to deliver a repair service.
The Tenancy Agreement states that the landlord is liable for repairs to the structure and exterior of the building including the roof, outside walls, external decoration, internal walls, floors and ceilings, internal plasterwork, repair of installations such as water pipes, electrical wiring, to repair and take reasonable care of communal areas keeping them fit for use and in a reasonable state of decoration, and to carry out repairs within a reasonable timescale.
The Pest Control guidance states that the landlord/managing agent will attend to pests reported in communal areas and gardens, and where they have entered through a defect in the exterior of the property.
The Repair Policy timescales states that the landlord will attend communal plumbing or pipework repairs including blocked drains within an average 15 working days, or sooner for emergencies. Floor repairs and planned works are to be carried out within 60 working days (calculated as approximately 3 months). The landlord must ultimately meet its repairing obligations within a reasonable period.

Reports of pests (pigeons and debris)

The resident reported the pigeon debris entering her property and its impact on her health on 6 October 2022. The landlord reasonably liaised with the managing agent which agreed to wash the area and put up proofing. The evidence suggests that the proofing net was installed, but there is insufficient evidence to show that the agreed jet wash and additional cleaning was carried out. This remained outstanding as of July 2023, approximately 9 months after it was agreed, and 6 months beyond the 60 working day timescale for planned repairs under the Repair Policy. This was unreasonable.
The netting repair which was scheduled for 13 May 2023 was also not carried out and remained outstanding on 25 July 2023. There is no evidence that the landlord monitored this repair with its managing agent, which it agreed to do, or that it communicated the delay or postponed appointment to complete this repair with the resident. This was also unreasonable.
There was maladministration in the landlord’s handling of the resident’s reports about the pigeons and associated debris. The Ombudsman has awarded £100 compensation to acknowledge the distress and inconvenience and time and trouble, in line with our Dispute Resolution Principles to: be fair, put things right and learn from outcomes. This sum also reflects the suggested compensation amount for the lower end of maladministration in our remedies guidance.

Communal cleaning and maintenance including fly tipping

The Estate Management Policy states that the landlord will maintain a high standard of estate management services, keep estates clean, well maintained and safe, and make clear what residents can expect and what the respective obligations are of the landlord and the resident.
When the resident reported the fly tipped cooker, cigarette ends, and clothing items in the communal area, the evidence shows that the landlord addressed this promptly, within 2 weeks. This was reasonable. The landlord explained that the cleaning was carried out to contractual standards once a week, and it agreed to review the cleaning and further consult with residents about increasing this, which was reasonable. However, the landlord did not do this.
The landlord acknowledged the service failure within its stage 2 response and updated the resident on its plans to review the cleaning moving forward, which was resolution focused. However, it did not offer any redress for the time and trouble which was caused by the delay in its outcome, so there was service failure in respect of this report. The Ombudsman has ordered redress of £25 to acknowledge the time and trouble experienced by the resident, in line its Remedies Guidance for service failure.

Urine on the carpet

The landlord’s obligation is to to repair and take reasonable care of communal areas. The resident reported that there was urine on the carpet/mat downstairs, the landlord visited and did not identify the urine but agreed to replace the carpet. The landlord did not follow through with its resolution under the complaint process, however. In July 2023 it explained a change in its position, to clean the carpet, which it did. However it did not tell the resident this, and she had to chase it to find out.
The landlord may decide on the scope of required work to the carpet in the communal area and if this should be replaced or cleaned but it has not been evidenced that this was communicated appropriately, within a reasonable timeframe, to the resident. The resident experienced time and trouble in chasing this up, so the landlord’s actions constitute service failure. The Ombudsman has awarded £25 for time and trouble to the resident.

Electric wires hanging from the ceiling in the communal area

The landlord did not dispute its repairing responsibilities, as set out in the Tenancy Agreement which states that the landlord will repair ceilings, electrical wiring, and take repair and reasonable care of communal areas keeping them fit for use and in a reasonable state of decoration.
The resident reported repairs to the ceiling and loose electric wires on 6 October 2022. The landlord explained the cause of the damage and ordered parts on 28 October 2022 for the ceiling repair. The repair was then raised on 30 November 2022 with a timescale of 60 working days. Some work was carried out in December 2022 and completed in March 2023.
This was one month beyond the approximate 3 month timescale allocated for the repair. The landlord missed the opportunity to address the delay in its complaint investigation and award proportional redress. There was therefore service failure, and the Ombudsman has awarded £25 for time and trouble.

Damp and mould

Following the resident’s report of mould on 6 October 2022 the landlord arranged an inspection 6 months later on 14 April 2023, when it did not find evidence of damp and mould. However, the timescale of its response was unreasonable; had there been damp and mould the timescale would have exacerbated the detriment to the resident.
The landlord has not recognised this as a failure or explained the reason for the delay in its inspection. Therefore, there was service failure, and the resident is awarded £25 compensation for the time and trouble in waiting for the landlord’s outcome.

Flooding downstairs

The Tenancy Agreement states that the landlord is liable for repairs to the structure and exterior of the building including the roof, outside walls, repair of installations such as water pipes, and to repair and take reasonable care of communal areas keeping them fit for use. It will carry out repairs within a reasonable timescale. The landlord did not dispute its responsibilities.
The records show that there was a repair needed to the mains pipe reported on 29 November 2022; the landlord attended the repair and completed this by 30 November 2022. This was within the Repair Policy timescale of 15 working days for communal plumbing and pipe repairs and was therefore reasonable.
The landlord reasonably explained the cause of the flooding to the resident in the complaint response and provided its action plan to address this, relating to the actions it would take and the actions the resident could take to report further instance of flooding. Therefore, there was no maladministration in respect of this repair.

Complaint handling

The Ombudsman’s Complaint Handling Code (the Code) sets out that landlords must respond to complaints within a reasonable timescale, specifically within 10 working days at stage 1 after logging the complaint within 5 working days, and 20 working days at stage 2.
The landlord did not log the resident’s stage 1 complaint within 5 working days; this was raised on 6 October 2022 but logged until 19 October 2022 after the resident’s MP’s intervention. The complaint was then responded to on 4 November. This was unreasonable. The landlord was notified of the stage 2 complaint on 21 March 2023, and it responded on 21 April 2023 which was 3 working days outside the target timescale. The landlord missed the opportunity to put right the failure of delays in its complaint handling, although it acknowledged this, it did not offer proportionate redress.
It would have been resolution focused for the landlord to offer redress for its acknowledged service failure given the detriment caused to the resident, in time and trouble. The Ombudsman has therefore ordered that the landlord award £25 for the time and trouble for the delay in the complaint handling.

Determination

In accordance with paragraph 52 of the Scheme, there was:
1. No maladministration in the landlord’s response to reports about flooding downstairs.
2. Maladministration in the landlord’s response to reports about pigeons and associated debris.
3. Service failure in the landlord’s response to the reports about:
  1. Communal cleaning and maintenance including fly tipping.
  2. Urine on the carpet.
  3. Electric wires hanging from the ceiling in the communal area.
  4. Damp and mould.
  5. Complaint handling.

Reasons

The landlord failed to provide the agreed action plans to address the reports of pigeons and associated debris within a reasonable timeframe.
The landlord did not evidence its actions in respect of its agreed resolution to the resident’s reports of the communal cleaning and failed to provide reasonable redress for service failures it identified.
The landlord failed to communicate changes in its position reasonably to the resident about the carpet cleaning/replacement.
The landlord failed to complete repairs to the electric wiring and ceiling within its Repair Policy timeframe.
The landlord did not engage in an inspection to identify damp or mould within a reasonable timeframe.
The landlord responded to the report of the flooding due to the main pipe within its Repair Policy timescale.
The landlord did not respond in line with the timescales set out in the Code, in respect of the complaint handling.

Orders and recommendations

Within 4 weeks of the date of this report, the landlord is ordered to pay a total of £225 for distress and inconvenience, time and trouble, broken down as:
1. £100 for its response to the pigeon and debris.
2. £25 for its response to the reports about the communal area and fly tipping.
3. £25 for its response to the report of urine on the carpet.
4. £25 for its response to reports about electric wires hanging from the ceiling in the communal area.
5. £25 for its response to the reports about damp and mould.
6. £25 for the complaint handling.
The landlord is ordered to apologise to the resident for the service failures.
The landlord is recommended to engage with its managing agent regularly to ensure that all reports of repairs are resolved in a timely manner.