Paragon Asra Housing Limited (202112236)

REPORT

COMPLAINT 202112236

Paragon Asra Housing Limited

6 April 2023

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 resident has complained about the landlord’s handling of:

a.     Flooding in the communal areas and carpark.

b.     A leak to her roof.

Background and summary of events

2.     The resident is the leaseholder of a flat on the top floor of a three-storey block owned by the landlord. She has complained about the landlord’s maintenance of the guttering and drains at the block and that its lack of action resulted in flooding to the entrance and car park, and rainwater penetration in her flat.

3.     A complaint was made to the landlord on 29 July 2021 regarding flooding in the car park outside the main entrance to the block. The resident reported that water entered the lobby and beyond inside the building, causing a hazard for residents entering and exiting the block. Residents attempted to stem the flow of water using towels and also tried to clear the drainage blockages.

4.     The resident’s complaint stated that she had been informed that the problems with the drainage and guttering had been reported approximately four/five years previously with little action having been taken by the landlord. She stated that blocked drains had been reported to the landlord on five occasions within the last few months, but again no action had been taken. She asked that the landlord take urgent action to ensure that ‘this health and safety issue was promptly resolved.’ She expressed her disappointment that action had not been taken to remedy the problem before the rains had returned.

5.     The landlord responded to the complaint on 31 August 2021 at stage one of the complaints process. It reported that works to clear the gutters had been scheduled for 7 September 2021. It warned that the appointment was conditional on the weather, as, if it were raining, the appointment would need to be rescheduled. At this appointment, an assessment would be undertaken as to whether any additional repairs were required. The letter gave no indication of any previous work that had taken place to maintain the gutters and drains. It did not address this element of the resident’s concerns.

6.     The issue was raised internally, and it was confirmed that there were three areas of the block that had experienced water issues. The landlord was on site on 1 September 2021 but recorded that it was unable to clear the gutters as there was no scaffolding or cherry pickers. The gutters had become blocked in some areas with debris and the gutter bristles in place had become clogged. The landlord had requested quotes for a mobile cherry picker to clear all the guttering at the block and was awaiting a response. The records also stated that the entrance was flooded due to overflowing storm drains. Works had taken place to clear these on 19 August 2021.

7.     On the 5 October 2021, the resident awoke to find rainwater penetrating her ceiling in approximately eight places. She telephoned the landlord and reported this to its out of hours service. Checks were made to ascertain whether the water was affecting the electrics in the flat or were so extensive that the ceiling was at risk of coming down. When the resident confirmed neither was happening, she was asked to call back during working hours.

8.     On 6 October 2021, the resident contacted the landlord again. She explained that the entrance area had flooded, with residents again having to try to unblock the drains. She also raised concerns regarding the way the leak in her flat had been dealt with. She was unhappy that the landlord had failed to take appropriate action to protect her property which, she believed, was being damaged by the lack of maintenance undertaken by the landlord. The landlord had simply advised that it was not responsible and that she would need to employ her own electrician to ensure the electrics were safe. She was also dissatisfied that the landlord did not access the roof space above the kitchen to facilitate a repair and prevent further damage. She pointed out that access would be straightforward as there were trapdoors close to the affected area.

9.     A request to escalate the complaint was made by the resident on 13 October 2021 following a further incident of flooding to the entrance of the block. The resident confirmed that a cherry picker had dealt with the gutters, but the drains were still blocked. The landlord confirmed that it would escalate the complaint and investigate the position regarding the internal repairs in her flat and her rights as a leaseholder.

10. The complaints team raised internal queries regarding the block and received the following answers:

a.     Works to block: a site visit was arranged with a potential contractor on 12 October 2021. The contractor was chased, and a quote obtained which was sent to finance to approve which was completed on 18 November 2021. Works had been ordered to raise the front slope/walkway; breakout and excavate the Aco drains; install new drains and relay blocks: excavate the soakaway; install ground pipe work joining Aco channels into the new soakaway; reinstate with shingle and backfill of existing soil/turf.

b.     Works to the flat: as the resident was a leaseholder, she would need to notify her own insurer regarding the leak who would then send an assessor. On 3 December 2021, an internal email stated that works had been undertaken to the roof and a second visit was required.

11. The landlord sent its final response on 3 December 2021 which reflected the above information. It apologised and explained that the works to the block had been delayed due to the length of time it took for the contractor to provide its quote. In relation to the roof leak the letter confirmed that a cherry picker had cleared the gutters in the past but due to the weather and falling leaves, the gutters had been constantly blocked. Works to the roof were due to be assessed and workmen would be on site from 6 December 2021. The landlord confirmed that the resident would need to contact her own insurer regarding any internal damage.

12. The landlord acknowledged that there had been a service failure, and that this had caused distress and inconvenience to the resident. It offered the resident £150 compensation to put things right.

Assessment and findings

Works to block.

13. Under the lease agreement the landlord covenants to repair redecorate and renew: (i) the roof foundations and main structure of the building and all external parts thereof including all external and load bearing walls, and (ii) the pipes sewers drain wires cisterns and tanks… (iii) the Common Parts

14. The landlord therefore had a responsibility to maintain the drainage and guttering at the front of the property. As no repairs records have been provided the Ombudsman has relied upon the evidence supplied. This indicated that the landlord was aware of the problem from at least July 2021 and had had to deal with the same issue in the past. No evidence has been provided of any regular programme of maintenance that covered the drains or guttering.

15. Although some interim guttering/drain unblocking took place, the problem at the front of the property persisted. It is not clear how long residents had been reporting the problem, but this was a long-standing issue. It was therefore appropriate that the landlord scheduled work to improve the drainage. However, it took too long to initiate this action. It took until November for the landlord to begin works to remedy the problem. Although this delay has been explained due to waiting for the contractor to provide a quote, this does not explain why the landlord waited until October to source a contractor. The landlord was slow to respond to the situation and there is little evidence of any ongoing proactive management to maintain the gutters and drains.

Leak into flat

16. The leaseholder responsibilities set out in the lease relate to the interior of the property, including the plaster and other internal covering or lining and any floorboards tiling and screeding of the walls, ceilings, and floors. As set out above the landlord has a responsibility to repair, redecorate and renew the roof.

17. The lease confirms that the landlord was correct in its explanation for responsibilities in relation to the leak into the flat. Its obligations related to the guttering and the roof, whilst the resident as a leaseholder was responsible for the internal walls and ceilings of the flat. It was therefore appropriate for the landlord to advise that she would need to instruct her own insurance company as any assessment would consider liability.

18. The landlord took action to repair the roof, although there were some delays in commencing this work, which started approximately two months after the leak was reported. The landlord has acknowledged that that this would have caused distress and inconvenience to the resident. It took appropriate steps to put things right by apologising and offering £150 compensation.

Determination (decision)

19. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was a service failure in relation to the handling of the flooding in the communal area and carpark.

20. In accordance with paragraph 53b of the Housing Ombudsman Scheme the landlord has provided reasonable redress to the resident in relation to the complaint about a leak to her roof.

Reasons

21. There were delays in the landlord taking action to resolve the problem of flooding to the communal area and car park. There is also limited evidence of any schedule of maintenance relating to the gutters and drains, even though the landlord was aware of the risk of flooding.

22. The landlord has acknowledged that there were delays in commencing the works to repair the roof. It has made an offer of compensation for the distress and inconvenience caused that resolves the complaint satisfactorily.

Orders and recommendations

Orders

23. Within four weeks of this investigation report, the landlord puts in place a programme of scheduled appointments for checking and clearing the guttering and drains at the block as part of its maintenance obligations. This programme to be shared with residents by the same date.

24. Also within four weeks, that the landlord apologises to the residents of the block for the delays in undertaking the works to resolve the issues with drainage in the communal areas.

25. The landlord to pay the resident additional compensation of £150 to the resident for her distress and inconvenience for the additional service failures identified.

26. The landlord to evidence compliance with the above orders to this Service within four weeks of this investigation report.