Platform Housing Group Limited (202345356)
REPORT
COMPLAINT 202345356
Platform Housing Group Limited
18 October 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 handling of the resident’s:
- Request to repair his windows.
- Reports of damp and mould.
- Request to replace his storage heater.
- The Ombudsman has also considered the landlord’s complaint handling.
Background
- The resident holds an assured tenancy with the landlord, a housing association, and lives in a 1-bedroom flat. The resident’s property is part of a grade 2 listed building.
- In February 2021 the resident reported issues with the property windows being draughty and starting to rot. On 5 October 2023 the resident raised a formal complaint with the landlord as the windows had not been repaired, and this had resulted in the build-up of damp and mould. The resident told the landlord that this had impacted her health resulting in her having to take time off work.
- The landlord upheld the resident’s complaint in its stage 1 complaint response dated 9 November 2023. The landlord advised that it had failed to carry out follow up work to the windows in 2021 and failed to refer the issue to its conservation officer as the building was listed. As a resolution, the landlord confirmed the issue had been passed to its conservation officer to make the windows right, that its damp and mould team had been contacted to arrange an inspection. It also offered £300 compensation (£150 for delays and £150 for lack of communication).
- The resident escalated her complaint on 17 November 2023 as she was unhappy with the compensation offered. She also explained that the storage heaters in the property were inefficient to run and this was also a potential cause for the damp and mould. She asked that the landlord consider replacing the heating system in addition to replacing the windows. The landlord issued its stage 2 response on 7 March 2024 and advised:
- The windows were due for overhauling in the 2025 to 2026 cyclical repairs and that they were also part of the 2024 to 2025 redecoration programme. The extent of any deterioration will be assessed prior to any redecoration taking place. If the windows are beyond repair, the landlord will refer the issue to the council for approval due to the listed status of the building.
- A surveyor visited on 29 January 2024 and carried out an inspection of the property. As part of this inspection ad-hoc damp and mould survey was carried out which showed mild mould formation. The cause was listed as condensation due to not heating or ventilating the property adequately. Following the survey the recommended repairs to overhaul the ventilation system were booked. This was to prevent any condensation dripping from the vents.
- That the alleged damage to the resident’s personal belongings and health had been passed to its insurance team. It encouraged the resident to make a content insurance claim if possible. However, if she wished to pursue a claim for health and belongings this would need to be put in writing. It advised of other agencies such as Citizens Advice that could assist in making this claim.
- That the stage 1 offer of compensation would be increased to £1,150. This was broken down as:
- £500 for delays and confusion with the window replacement.
- £500 for the poor communication.
- £150 for the delay in issuing the stage 2 complaint.
- Following this Service’s intervention, the landlord issued a further response dealing with the storage heater issue on 23 July 2024. The landlord apologised that the issue was not dealt with in its final response. It said that during the 29 January 2024 surveyor’s visit it was noted that the resident was struggling to use the storage heater due to costs. Therefore, a referral was made to its Successful Tenancies Team to provide help and support to manage these costs. On 21 February 2024 this team spoke with the resident and provided a number of agencies that could support the running costs.
- The resident referred the complaint to this service as he was unhappy with the resolutions offered by the landlord. She said that the landlord should replace the storage heaters and set out specifically when and how the window issue will be dealt with.
Assessment and findings
Scope of Complaint
- While this Service is an alternative to the courts, it is unable to establish legal liability or if the landlord’s actions or inaction has had a detrimental impact on the resident’s health. Therefore, the Ombudsman is unable to consider the personal injury aspect of the resident’s complaint. These matters are likely better suited to consideration by a court or via a personal injury claim. The Ombudsman has considered if the landlord responded appropriately to the resident’s concerns about her health and any distress and upset caused by its actions.
Window repair
- The resident first reported her window was draughty, rotting and causing issues relating to heating the property on 9 February 2021. The landlord failed to send any operative to the property until 22 April 2021, this was approximately 10 weeks after the initial report. This was an unreasonable delay in dealing with the issue in the first instance. The landlord’s policy sets out that repairs which are non-emergency should be carried out as soon as possible at a mutually convenient time. While a repair can be delayed for reasons such as materials and third parties, there was no fair reason for the landlord to delay attending to the resident’s property. This initial delay caused the resident some frustration and annoyance.
- After the landlord attended on the 22 April 2021, it was recorded that follow-on work with new materials were required to fix the window. It then attended on 20 September and 10 December 2021 but on both occasions noted that the materials were unavailable and that a new job would need to be scheduled. This failure to properly deal with the follow-on work caused further delays and added to the frustration and distress the resident felt.
- A further job was arranged for 11 January 2022, this was then moved to 8 December 2022 and then moved again to 20 January 2023. The landlord has been unable to confirm why these jobs were moved without any attempt at attending the resident’s property. At this point, the resident had been left for almost 2 years without a resolution to the original repair. This failure was compounded by the landlord’s poor communication throughout this period. The landlord rarely contacted the resident to advise on the status of the repair and there is a lack of any evidence to show the landlord was proactive in its management of the issue. This significantly increased the frustration and upset felt by the resident.
- The landlord has been unable to provide evidence to show that it notified the resident of the rearranged appointments between January and March 2023. This meant that when it attempted to gain access to the resident’s property on 20 January and 16 March 2023 the resident was unavailable. The landlord finally attended on a date suitable for the resident (2 June 2023), but again needed to complete a referral to obtain materials. This meant that the resident had waited 28 months with no resolution to the issues raised. This significant delay and poor communication increased the resident’s frustration and distress.
- The resident had shown patience with the landlord throughout this period, but on 5 October 2023 raised a formal complaint due to the delays she had faced. Within her complaint she explained the detrimental impact the situation was having on her health and the increased heating costs she was paying due to the draughty windows.
- Following the complaint, the landlord and a third party inspected the property on 29 November 2023 and 29 January 2024. Both inspections made comments that the windows within the property would need to be looked at. This was due to the wooden frames swelling and rotting, and the windows being stiff to open or would not open at all, and beading needing to be replaced. However, no specific repairs to the windows were arranged. Instead, the landlord advised in its complaint response that the windows were part of cyclical works due to take place between 2024 to 2025 and 2025 to 2026. It advised that should repairs be identified as part of this process then it would refer the issue to the local council due to the building being listed.
- When making this decision to delay the repair further the landlord failed to consider the impact on the resident’s health and wellbeing. It also failed to explain why after waiting around 3 years for a repair that the resident was required to wait potentially 2 more years before any potential fix. This failure to properly explain its decision making and its failure to consider the impact to the resident was unreasonable.
- The most recent update from the landlord is that the cyclical decoration work was being undertaken on 5 September 2024. The resident has told this Service that she was contacted about this decoration work and was informed that some action may be taken, but it is likely that repairs would only be “small”. This means at the time of this report the resident has had no resolution to her repair for approximately 3 and a half years. The resident has said that these delays have caused her a significant amount of distress and inconvenience. The actions of the landlord are unfair in the circumstances of the case.
- Section 11 of the Landlord and Tenant Act 1985 confirms the landlord has a responsibility to keep in repair the structure and exterior of the property. The tenancy agreement also confirms that the landlord will be responsible for window repairs. It is over 3 and a half years since the resident first reported issues with the windows and the landlord has yet to put in a lasting and effective fix. This Service recognises that replacing or repairing windows can come at a significant cost, especially if this involves scaffolding. However, the landlord has an obligation to meet its repairing responsibilities and ensure that the resident’s windows are secure, can be opened and are free from draughts.
- When considering this case, the resident has been left without a definitive remedy to resolve this issue and it is important to acknowledge the length of time this issue has remained unresolved. This, along with the poor communication and failure to complete repairs in line with its obligations caused a significant detriment to the resident. Throughout its decision making the landlord has failed to show it took account of the potential detriment to the resident in delaying any repair. In the Ombudsman’s opinion, the extent and cumulative failings, over a prolonged period amount to severe maladministration.
- The Ombudsman has considered the £1,000 offer made by the landlord for its delay in handling the window repairs and poor communication. It is positive that the landlord acknowledged these failings and attempted to offer a resolution. However, when looking at the Ombudsman’s guidance for remedies if there has been a significant failing by the landlord which has had a serious detrimental impact on the resident a payment of over £1,000 can be considered. Therefore, an additional payment of £2,000 on top of the £1,000 already offered is a more proportionate and fairer figure given the length of time since the original repair and the fact there is still no resolution to the issues raised. This additional compensation is broken down as:
- £1,000 for the delays in dealing with the repair
- £750 for the distress and inconvenience caused.
- £250 for the poor communication.
Damp and mould
- The earliest report of damp and mould made by the resident was in her formal complaint to the landlord on 5 October 2023. As part of this complaint the resident advised that she had a respiratory illness that may have been caused by the damp and mould at her property. The landlord said in its stage 1 complaint response that it had referred the issue to its damp and mould team who would contact the resident with an appointment. Where an issue such as this is raised as part of a complaint, it is important for the landlord to recognise this and separate the complaint from the repair issue. In this instance, it took too long to identify a new repair has been reported and progress the case. It should not have taken 5 weeks for it to refer the case to its damp and mould team, especially given the resident’s health concerns. This was not in line with the landlord’s own damp and mould policy which states that it will ensure that reports are investigated “quickly by a competent surveyor”. The delay in dealing with the issue caused some frustration for the resident.
- Following the referral, a damp and mould specialist inspected the resident’s property on 29 November 2023. The inspection recommended mould treatment, and that the kitchen extractor was not sufficient to expel condensation from the property. The landlord’s damp and mould policy says that where condensation exists in the home it will take reasonable steps to ensure that it is addressed. Step 1 of 11 is for the landlord to “Arrange for a condensation mould clean to be undertaken and refer the case to a surveyor who will aim to contact the customer within 5 working days”. However, the landlord did not book any mould treatment and failed to arrange a further survey until January 2024. This was only after the resident chased the landlord 3 times between November 2023 and January 2024. This failure to follow its own damp and mould policy showed a lack of urgency in dealing with the issue and further frustrated the resident.
- When the surveyor did attend on 29 January 2024, he noted that the damp and mould specialist had made some recommendations but that they had not returned to complete any damp and mould treatment. It was only after this that the landlord contacted the specialist and booked the damp and mould treatment to take place on 8 February 2024, 10 weeks after the initial inspection. This further reinforces that the landlord did not act promptly or proactively when dealing with the damp and mould issue.
- The surveyor also recommended that the properties ventilation system should be overhauled, and this job was raised for a repair to take place on 1 May 2024. The landlord has not provided an explanation as to why this repair was arranged for a date 3 months after the survey and 7 months after the initial report of damp and mould. This further supports that the landlord’s actions were not prompt and did not reflect the urgency of the issue. This was especially the case as the resident had made clear in her complaint that she had been suffering respiratory issues as a result of the damp and mould. By delaying any action taken this exacerbated the resident’s view that the landlord was not taking her case seriously and increased her distress and inconvenience.
- Further to the above, steps 2 to 11 of the landlord’s damp and mould policy dealing with condensation sets out several actions the landlord should take, these include:
- Ensure that heating appliance is fully operational, and that the distribution system covers all habitable parts of the building and heat emitters are appropriately sized for the room.
- Ensure that all windows are watertight and opening casements are operational.
- Ensure that the roof space is provided with 300mm thickness of loft insulation.
- Where necessary use environmental sensors to record the climate in the property to help identify timing and cause of condensation to inform a discussion with the resident.
- Discuss the condensation issue with the resident in a collaborative manner to understand if there are any issues and provide help and support to better control condensation within the home and prevent it from turning into condensation mould.
- Where there is poor design or nonstandard features, such as those frequently found in listed properties. Surveyors will consider reasonable alternatives to ensure that the customers are not disadvantaged, for example, the provision of a thermal curtain for a listed front door that cannot be replaced, a pole for wiping condensation of high windows in historic buildings and isolated areas of internal thermal boarding in non-traditional forms of construction.
- Despite the landlord’s policy setting out several good actions it could take to help the resident, there is a lack of evidence to show that these actions took place. The resident has told this service that she felt blamed for the damp and mould and this attitude is clear in the landlord’s stage 2 complaint response where it said:
- “Both survey reports indicate that you were not heating or ventilating your home adequately, this will inevitably lead to the build-up of condensation, which is the main cause of mould within your home. I also note there is a variety of potted plants on the window ledges, all of which will contribute to moisture within the air.”
- This type of language goes against its own policy which says, “We will use language in all our communications that does not place blame on the customer and seek to establish a culture of collaborative working showing our customers respect and empathy”. The Ombudsman can understand why the resident felt blamed for this issue and why her distress and frustration increased because of this response.
- The Ombudsman notes that the landlord’s own damp and mould policy includes references to the spotlight report on damp and mould that this Service published in October 2021. While it is positive that the landlord’s policy and approach considers the spotlight report, its actions in this case were not consistent with either. It’s actions after the resident’s report in October 2023 has shown a lack of urgency both in its communication with the resident and the way in which it dealt with the recommended repairs. There was a failure to follow its own policy steps and its language apportioned blame on the resident, rather than taking responsibility or working with her to try and fix the issue.
- In addition to the above, the resident told the landlord that she had health concerns that were being caused by the damp and mould. The Ombudsman has not seen any evidence that the landlord carried out a risk assessment or enquired further with the resident about how it could assist with any potential health or respiratory conditions that might be affected by the damp and mould. The landlord did not treat the resident fairly and did not demonstrate that it considered the potential risks to her because of damp and mould. When taking all the circumstances into account, this amounts to maladministration.
- In its stage 2 complaint response the landlord told the resident that it had informed its insurer about the alleged health issues. It went on to say that if the resident wanted to make a claim against its insurer for personal injury and any damage to personal belongings then she should write to them. The landlord provided full details of how to make a claim. This was in line with its policy on compensation which states that details on how to make an insurance claim should be provided in these circumstances. However, the landlord did not offer any payment of compensation for frustration, distress or inconvenience the failing to follow its policy caused. Therefore, a payment of £700 is fair to recognise this impact which is in line with this Service’s guidance on compensation for a failure which adversely affected the resident.
Storage heater
- As part of the resident’s complaint she told the landlord that the storage heaters within her property were inefficient to run and asked that it considered replacing the system to help control the build up of damp and mould. The landlord did not deal with this request as part of its stage 2 complaint response, but on 23 July 2024 did respond following this Service’s intervention.
- The landlord advised that after the surveyor’s visit on 29 January 2024 a referral was made to help the resident support and manage her utilities costs. The resident has confirmed that she was contacted following this referral and was given £33 to help with heating the property. The landlord’s actions in referring the resident for support were reasonable, however, it did not address or deal with the resident’s report that the heating was inefficient or her request to replace the heating system.
- The landlord’s policy on repairs says that it is responsible for the repair and maintenance of storage heaters. As the resident reported that he believed the storage heater was inefficient and needed replacing the landlord should have treated this as a non-emergency repair under its policy. There is no evidence to show that the landlord acted on the resident’s report and arranged the appropriate person to attend and inspect the heating system. As the landlord failed to follow its repairs policy, this amounts to maladministration.
- When considering a remedy for this, it is important to note that even if the landlord had arranged an inspection of the heating system there is no guarantee that this would have identified the need for repair or replacement. As such, a remedy of £300 is fair to recognise the adverse impact on the resident. This is broken down as:
- £150 for frustration and inconvenience caused by the failure to follow its policy.
- £150 for the time and trouble taken by the resident in having to chase and raise this issue.
Complaint handling
- The landlord operates a 2-stage complaint procedure. A stage 1 response will be provided within 10 working days of the complaint being received, and a stage-2 response within 20 working days of an escalation. If these timescales can not be met, then the landlord will contact the resident and agree an extension of time.
- While both the landlord’s complaint responses were delayed, it did agree extensions where appropriate with the resident. It also recognised that the delay of 66 working days in issuing the stage 2 response was not acceptable and offered the resident £150 for this inconvenience. This compensation figure is in line with its own policy which says that payments of up to £350 can be given for poor complaint handling. The amount is also broadly in line with what this Service would recommend for a delay in complaint handling which adversely affects the resident.
- However, the stage 2 response did not acknowledge or deal with the storage heater issue. It was not until this Service contacted the landlord about the complaint that it provided a response on 23 July 2024. While the landlord apologised for its failure in dealing with the issue it did not offer the resident any further compensation for this delay. The resident had to wait an additional 95 working days for this response and in the Ombudsman’s view this amounts to a service failure. Therefore, it is fair that the compensation is increased to acknowledge the impact of this delay. Using the landlord’s own compensation policy a payment of £100 should be made on top of the £150 already offered, a total of £250.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of the request to repair the resident’s windows.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of:
- Reports of damp and mould.
- Request to replace the storage heater.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of the resident’s complaint.
Orders and recommendations
- Within 4 weeks of the date of this report the landlord is ordered to:
- Write an apology to the resident from its senior leader responsible for housing.
- Pay the resident compensation totalling £4,250, broken down as:
- £1,150 already offered by the landlord (if it has not already been paid).
- £1,000 for the delays in dealing with the window repair.
- £750 for the distress and inconvenience caused by the window repair issue.
- £700 for the failings in dealing with the damp and mould issue.
- £250 for the poor communication relating to the window repair.
- £150 for frustration and inconvenience caused by the failings in the storage heater issue.
- £150 for the time and trouble taken by the resident in having to chase and raise the storage heater issue.
- £100 for the complaint handling failure.
- Within 4 weeks the landlord is to arrange for an independent surveyor to inspect the resident’s windows. The Ombudsman and the resident should be provided with the details of this appointment. Within 6 weeks the landlord is to provide the result of the survey and provide a specific and detailed action plan to the resident and this Service on how it will implement any recommendations made. This should include:
- Details of any appointments made.
- The timescales involved in completing any recommendations.
- A point of contact for the resident and a communication plan which sets out how and when the landlord will provide updates on this to the resident.
- Within 4 weeks the landlord is to arrange an inspection with a suitably qualified person to determine the cause of damp and mould. Within 6 weeks the landlord is to provide the result of the survey and set out the specific action to the resident and this Service on how it will implement any recommendations made. This should include:
- Details of any appointments made.
- The timescales involved in completing any recommendations.
- A point of contact for the resident and a communication plan which sets out how and when the landlord will provide updates on this to the resident.
- Within 4 weeks the landlord is to arrange a suitably qualified person to attend the resident’s property to inspect the storage heating and ensure that it is working as intended. The landlord should provide the result of this inspection to this Service and the resident. If any follow up action is required, it should provide evidence that it has contacted the resident to arrange this.
- In addition to the above, within 12 weeks of the date of this report and under paragraph 54.g. of the Scheme, the landlord is ordered to carry out a review of the learning from this case conducted by a senior manager. It is to provide the Ombudsman with a summary of the actions it will take to identify the issues identified in this report, these include (but are not limited to):
- How to handle window repair issues with reference to this Service’s centre for learning (https://www.housing-ombudsman.org.uk/centre-for-learning/key-topics/windows/).
- How to deal with damp and mould reports and ensure that staff are following its own policies and procedures.