Sovereign Network Group (202220497)

REPORT

COMPLAINT 202220497

Sovereign Network Homes

16 January 2025

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 how the landlord handled the resident’s reports of:
   1. A bat infestation in the loft of the property.
   2. Water damaged plasterboard across the gable end of the house from July 2022 to January 2023.
   3. Repairs of the ceilings and works to address mould during her decant from February 2022 to July 2022.
   4. Issues at the 1st decant property from May 2021 to June 2021.
   5. Issues at the 2nd decant property from June 2021 to August 2021.
   6. Issues at the 3rd decant property from 20 February 2022 to 20 March 2022.
   7. Issues at the 4th and 5th decant properties from March 2022 to July 2022.
   8. Mess left by contractors following decorating works in October 2021.
   9. An inadequately secure front door from August 2020 to October 2020.
   10. A faulty boiler from August 2021 to February 2024.
   11. Damage to statues and ornaments in the garden by contractors at some point between May 2021 and August 2021.
   12. Faulty tape and joining in her daughter’s bedroom.
   13. Flooding into the property through the front door.
   14. A leak under the kitchen sink.
   15. A leaking ceiling.
   16. Mould in the bathroom.
   17. Mouldy and bowing ceilings.

Background

2. The resident is an assured tenant of the landlord, a housing association. In September 2024, following discussions with the resident, the Ombudsman identified a complete list of the issues she wanted us to investigate. The resident explained that many of these issues began in August 2020, and some persisted at this stage. We found the resident raised a large number of these concerns as a complaint with the landlord in February 2022. The resident then began pursuing them via the landlord’s legal process as a disrepair claim.
3. While this disrepair claim was ongoing in December 2022 the resident contacted our service about a leaking roof and issues with decants. We then asked the landlord to address a complaint about general disrepair. The landlord provided a stage 1 response in December 2022 and addressed a specific instance of disrepair.
4. The resident was not satisfied with this, so we asked the landlord to provide a stage 2 response to address the resident’s complaint about general disrepair, a faulty boiler, leaks, and concerns about the structure of the roof. The landlord addressed the first 3 of these issues in a stage 2 response in June 2023. The disrepair claim then petered out in February 2024, and so the resident asked us to investigate the issues which she was previously pursuing via this process. Typically, we would not consider matters which had not exhausted a landlord’s complaints process unless there is evidence of a complaint handling failure by the landlord.
5. However, we recognised that the resident’s complaint was complex and that it spanned a significant period. We also considered that the resident had been engaging with the landlord regularly and meaningfully throughout this period to seek a resolution via the disrepair process.
6. On this basis, we considered whether there was a complaint handling failure on the landlord’s part which would incline us to extend our jurisdiction to consider the entire complaint. However, there was a lack of clarity on which parts of the complaint had been addressed and via which process. There was also a lack of clarity on the landlord’s position on each of the complaint points the resident raised. Therefore, we considered that there was an opportunity for both parties to make progress towards a resolution by reengaging on the complaint.
7. Paragraph 29 of the Housing Ombudsman Scheme states that we may decide to suspend or not to progress an investigation if there is still an opportunity to resolve the dispute through a member’s own processes. Paragraph 30 states we may at any time promote resolution of a dispute by referring the complaint back to the complainant and the member to take further action to resolve the dispute.
8. On this basis we decided in September 2024 to suspend this investigation and put the complaint back to both parties for a final attempt at resolution, and they agreed to do so. In November 2024 the landlord addressed the complaint in full and found related failings for a number of complaint points.
9. In resolution, it offered the resident £7,574 compensation and committed to facilitate a claim for damages via its liability insurer. The resident accepted this, and on 17 December 2024 the landlord paid out the compensation. It also committed to completing a number of outstanding works to the property and provided timescales for these.
10. On 7 January 2025 the resident contacted the Ombudsman and advised that she was satisfied with these outcomes, and that she considered her complaint resolved so long as the landlord honoured the commitments it made related to outstanding works. Following this, we resumed our investigation.

Assessment and findings

Jurisdiction

11. Under paragraph 42.c of the Housing Ombudsman Scheme we may not consider complaints which were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising.
12. The landlord explained to the resident that it would not consider complaints (a) to (c) because she did not complain about either issue within 12 months of when each is alleged to have occurred.
13. Prior to our intervention in September 2024, we have seen no evidence to indicate the resident had complained to the landlord about (a) to (c). All 3 issues are alleged to have occurred in 2022. The landlord was made aware of these issues by us in September 2024, which is well beyond 12 months after each is alleged to have occurred. Therefore, as per paragraph 52.c, this investigation will not consider complaints (a) to (c).

Issues at the 1st decant property from May 2021 to June 2021.

14. The resident complained that she was decanted into unsuitable accommodation in May 2021 following issues with drainage and leaks at the property. She complained that the accommodation was too far from her children’s school and so she incurred significant travel costs while staying there. She also complained that the entrance codes to the building were repeatedly changed without her being notified. She says on one of these occasions she was forced to climb in through a window to access her accommodation.
15. In its responses of 11 November and 26 November 2024 the landlord accepted the resident’s account of the issues with the decant and apologised for not addressing them at the time. It should have done so, and this omission likely caused the resident some distress. The landlord has offered her £300 in compensation to remedy this. It has also recognised that the resident’s mileage increased by around 20 miles during the decant and offered her 45p per extra mile she travelled throughout this period.
16. The landlord’s compensation policy does not set out how it should calculate redress payments. Therefore, we have used our guidance on compensation to determine this. Our guidance sets out that payments between £100 to £600 are typically suitable to redress a failure which has adversely impacted the resident.
17. We accept the resident’s account of the issues at the decant property and the landlord accepts that it failed to address her attempts to raise these concerns at the time they arose. However, we note that the resident has accepted the compensation offered and considers that it has put this right. We also note that, while undoubtedly frustrating and distressing, the impact of this failing was relatively short term. For these reasons, we consider the £300 compensation and reimbursement of fuel costs failings is a suitable resolution.

Issues at the 2nd decant property from June 2021 to August 2021.

18. The resident complained that she was then moved from this property into an alternative flat which was too small for her family and had several broken items of furniture. Specifically, she complained that the double bed, sofa bed, dining table, and flooring were all in various states of disrepair and not fully functional. She also complained that there was an ant infestation, and that the utensils provided were dirty when she arrived.
19. Following our intervention the landlord has accepted the resident’s account of these issues and acknowledged that it failed to address them when she tried to complain about them at the time. The landlord should have taken steps to address these issues within a reasonable timeframe, and its failure to do so likely caused the resident some distress. In its responses of 11 November and 26 November 2024, the landlord has acknowledged and apologised for this. It has also paid the resident £300 to put right the distress caused, and 45p per extra mile per day as reimbursement for her increased fuel costs.
20. The resident has accepted this and considers it resolves things. We also note that the £300 compensation sits reasonably at the mid-level of our compensation scale.On this basis, we consider the landlord has suitably resolved this complaint.

Issues at the 3rd decant property from 20 February 2022 to 20 March 2022.

21. The resident complained that, following the collapse of the gable wall of the property in February 2022, she was decanted into unsuitable accommodation. She complained that the accommodation was on the 17th floor of a tower block, and that during this period there were excessive fire safety drills during which she would have to evacuate the building with her children. She explained this was inconvenient and distressing. She also complained that other residents in the block openly used and sold drugs which caused her further distress.
22. The landlord has accepted the resident’s account of these issues and acknowledged that it failed to address her attempts to raise a complaint about them at the time. The landlord should have done so, and this omission likely caused the resident distress. In its responses of 11 November 2024 and 26 November 2024, the landlord apologised for this failing. It also offered the resident £300 in compensation for the distress caused and 45p per extra mile she had to travel during this period.
23. The resident has accepted this offer and considers it puts things right. Considering this, and our own compensation guidance, we consider the landlord has suitably resolved this complaint.

Issues at the 4th and 5th decant properties from March 2022 to July 2022.

24. The resident complained that, following her move to 2 subsequent temporary properties between March 2022 and July 2022, the landlord failed to suitably respond to her concerns that her abusive ex-partner had discovered her new location.
25. In its latest responses to the resident the landlord explained that it contacted the police once she made it aware of this safety risk. It explained that the police then extended the boundary of her ex-partner’s bail conditions to exclude the area which she had been relocated to. However, it explained that it could not find any evidence that it had promptly and clearly explained this to the resident. It should have done so, and this omission likely caused the resident further distress during an already difficult time.
26. In its November 2024 responses the landlord has fully recognised the impact this likely had on the resident and apologised for poor communication. It also offered the resident £300 in compensation for the distress caused and 45p per extra mile she had to travel during this period in recognition of the fact she was moved around 20 miles further from her children’s schools. In total the landlord offered the resident £1629 for the extra fuel costs incurred throughout the various periods she was decanted in 2021 and 2022.
27. The resident has accepted the landlord’s explanation and offer and considers it has puts things right. With this and our own compensation guidance in mind, we consider the landlord has suitably resolved this complaint.

Mess left by contractors following decorating works in October 2021

28. The resident complained that contractors completed works in October 2021 but failed to clean up the dust that this generated within the property. She explained that the dust damaged her furniture, and asked the landlord to replace it.
29. Following our intervention, the landlord accepted in its November 2024 responses that its contractors failed to cover the furniture to protect it from dust during these works, andalso failed to clean up after they were finished. It apologised for this and has committed to facilitate a claim with its liability insurer so the resident can pursue reimbursement for damaged personal items/home contents.
30. This is in line with the landlord’s compensation policy which sets out that it will typically refer claims related to damaged possessions to its insurer. The resident has accepted the landlord’s explanation and offer, and considers that this has put things right. With these considerations in mind, we are of the view that the landlord has suitably resolved this issue.

An inadequately secure front door.

31. The resident complained that the landlord failed to replace her existing front door lock with a new thumb turn lock with a chain and split spindle locking mechanism until 31 December 2023, despite her raising this in August 2020. She complained that she needed the more secure lock as a security measure due to the risk posed to her by her ex-partner. She explained that the previous lock had to be locked manually once the door was closed, as opposed to the split spindle mechanism which locked automatically and was therefore more secure.
32. In its November 2024 responses the landlord accepted that it failed to honour its agreement with the resident to fit the split spindle lock prior to her beginning her tenancy in August 2020. It explained that she reported it a few months after she moved in, and that “this was addressed”. It is unclear what the landlord meant by this, given the lock was not replaced for another 3 years. The landlord also went onto explain that she reported these concerns again on 31 December 2023, and that it attended the same day to fit the more secure system.
33. Given the landlord had agreed to fit this lock as a safeguarding measure with the resident prior to her moving in, it should have done so much sooner than it did. We recognise its failure to do so likely caused the resident some distress. However, we note that the landlord has accepted this and put in place service improvements to increase communication between the voids team and property services team to avoid this happening in the future. It has also offered the resident £160 in compensation to remedy the distress caused.
34. The resident has accepted this explanation and considers the compensation offered is sufficient to put things right. With this and our compensation guidance in mind, we consider the landlord has suitably resolved this complaint.

A leaking ceiling.

35. The resident complained that the landlord failed to suitably address a leaking ceiling in the property in 2021.
36. In its November 2024 responses the landlord explained that the resident first reported this leak on 10 August 2021. It explained that it attempted to attend on the same day but that the resident did not allow access. It then attended a few days later and repaired it. It explained that she then reported another leak on 13 September 2021 and that it attended and fixed this. It explained that it attended both these repairs within its repairs timescales.
37. The resident has accepted this explanation and considers the complaint resolved. Given this, we consider the landlord acted reasonably to address the resident’s reports about leaks from the ceiling.

A faulty boiler from August 2021 to February 2024.

38. The resident complained that her boiler functioned sporadically and poorly from August 2021 to February 2024, and that the landlord failed to successfully repair it during this period.
39. In its latest responses the landlord accepted that the resident was intermittently without central heating across a 3-year period and that it failed to address this within a suitable time period. It accepted that, although it repaired the boiler which resolved this issue in February 2024, it should have done so much sooner, and that its failure to do so likely caused the resident significant and long-term distress.
40. It apologised for this and offered the resident £1135 in compensation. The resident has accepted this explanation and considers the compensation is sufficient to put things right.
41. Our guidance on compensation states that payments of £1,000+ are suitable to put things right when there was a series of significant failures which have had a seriously detrimental impact on the resident. Considering this, and that the resident is satisfied with the sum, we are of the view that the landlord’s compensation offer is sufficient to resolve this issue.

Damage to statues and ornaments in the garden by contractors at some point between May 2021 and August 2021.

42. The resident complained that the landlord’s contractors damaged decorations in her garden completing various works while she was decanted in 2021. She complained that the landlord then failed to compensate her for this.
43. In its latest responses the landlord explained to the resident that it could not find any evidence to show she had made it aware of this issue prior to the Ombudsman’s involvement in September 2024. However, it accepted the resident’s account of these events and has committed to facilitate a claim on its liability insurance so the resident can pursue damages.
44. This is in line with its compensation policy which sets out that it will refer claims about damaged possessions to its insurer. The resident has accepted the landlord’s explanation and considers that the facilitation of the liability claim is sufficient to put this right. With these considerations in mind, we are of the view that the landlord has suitably resolved this complaint.

Mould in the bathroom.

45. The resident complained that there was longstanding mould in her bathroom which the landlord had failed to address.
46. Following our intervention, the landlord inspected the property on 6 November and 11 November 2024. It did not identify any mould in the bathroom. We have seen photos taken of both bathrooms in the property and there is no sign of mould in any of these. Although it did not identify any mould, the landlord did note that the bathroom fan was not fully functional, and that this was causing some cosmetic damage to the ceiling due to steam. It booked works to fix the fan for 6 January 2025.
47. Based on the evidence we have seen, we do not take the view that the landlord failed to address outstanding mould in either bathroom.

Faulty tape and joining in her daughter’s bedroom.

48. The resident complained that, at some point in late 2022, the landlord carried out tape and joining repairs in her daughter’s bedroom to a poor standard. She complained that there were visible gaps in the ceiling plaster.
49. Following our intervention, the landlord inspected the bedroom ceiling and accepted that the repairs it completed appeared to have deteriorated at a quicker rate than it would typically expect. To put this right, it scheduled works to replaster the ceilings in both the top-floor bedrooms and the bathroom throughout February 2025.
50. The resident has advised that she is satisfied with this outcome. On this basis, we are of the view that the landlord has done enough to resolve this issue.

Flooding into the property through the front door.

51. The resident complained that the landlord delayed unreasonably in completing repairs to her front door to stop it leaking during periods of heavy rain.
52. In its 12 November 2024 response to the resident the landlord accepted that it failed to address the issue which was causing the front door to leak until August 2024, despite the resident first raising concerns about it on 8 November 2022. The landlord apologised for this and recognised that it had failed to meet its standard repairs timescales here. It also paid the resident £450 in compensation.
53. The resident advised the Ombudsman that she is satisfied with this outcome. Considering this, and our own compensation guidance, we consider the apology and £450 compensation sufficient to resolve this complaint.

Mouldy and bowing ceilings.

54. The resident complained that the ceilings within the property were mouldy and bowing and that, as of October 2024, the landlord had failed to repair them.
55. Following our intervention, the landlord inspected the ceilings on 6 and 11 November 2024. In its response of 11 November 2024, it explained that the resident had advised it during this inspection that several of the ceilings had screw holes which were visibly popping. The landlord explained that, while there were some screw heads visible and board joints showing in certain lights, these defects were purely cosmetic and therefore could be addressed via a regular decoration schedule. It went onto explain that the resident was responsible for this type of repair. It also explained that it did not identify any mould on the ceilings in its November 2024 inspections.
56. The resident has advised she is satisfied with this and considers this complaint resolved. We have also seen photos from the November 2024 inspections, and none of these indicate the presence of mould on any of the ceilings. With this in mind, we consider the landlord reasonably addressed the resident’s reports of these ceiling defects.

A leak under the kitchen sink.

57. The resident complained that the landlord failed to address a leak under her kitchen sink which had recurred sporadically from 2020 to October 2024.
58. At its inspection of the property in November 2024, the landlord identified some works to resolve this issue. While there was no leak at the time, it identified some preventative works to the pipework which would prevent any recurrence. It also accepted that it should have identified these works sooner than this at 1 of the 3 previous related visits since 2021. The landlord has scheduled this repair for 3 February 2025.
59. The resident has advised that she is satisfied with this response and that she considers the complaint resolved. Given this, and that the landlord has committed to works to resolve the issue, we are of the view that it has done enough to put things right.

Determination

60. In accordance with paragraph 42.c of the Housing Ombudsman Scheme, the complaints about how the landlord handled the resident’s reports of the following issues are not within our jurisdiction:
    1. A bat infestation in the loft of the property.
    2. Water damaged plasterboard across the gable end of the house from July 2022 to January 2023.
    3. Repairs of the ceilings and works to address mould during her decant from February 2022 to July 2022.
61. In accordance with paragraph 53.c of the Housing Ombudsman Scheme, the complaints about how the landlord handled the resident’s reports of the following issues are resolved with intervention:
    4. Issues at the 1st decant property from May 2021 to June 2021.
    5. Issues at the 2nd decant property from June 2021 to August 2021.
    6. Issues at the 3rd decant property from 20 February 2022 to 20 March 2022.
    7. Issues at the 4th and 5th decant properties from March 2022 to July 2022.
    8. Mess left by contractors following decorating works in October 2021.
    9. An inadequately secure front door from August 2020 to October 2020.
    10. A faulty boiler from August 2021 to February 2024.
    11. Damage to statues and ornaments in the garden by contractors at some point between May 2021 and August 2021.
    12. Faulty tape and joining in her daughter’s bedroom.
    13. Flooding into the property through the front door.
    14. A leak under the kitchen sink.
62. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in how the landlord handled the resident’s reports of the following issues:
    15. A leaking ceiling.
    16. Mould in the bathroom.
    17. Mouldy and bowing ceilings.

Recommendations

The landlord should complete the repairs it committed to do by the deadlines it provided as part of its resolution of the resident’s complaint. Specially, it should:

1. Repair the kitchen sink by 3 February 2025.

2. Re-plaster and re-decorate the ceilings in the two top bedrooms and bathroom by 10 February 2025.