Wandle Housing Association Limited (202124197)

REPORT

COMPLAINT 202124197

Wandle Housing Association Limited

31 May 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

The complaint is about the landlord’s:
1. Response to the resident’s reports of a roof leak, which led to mould within the property.
2. Handling of a roof leak to the property in 2016.
3. Handling of boxing in repairs within the bathroom.
The Ombudsman has also assessed the landlord’s complaint handling.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
In correspondence with this Service the resident has advised that he first reported a leak into his bedroom to the landlord in 2016 and that the landlord failed to undertake the necessary repairs to stop the leak. The resident has advised that due to his ill health, following reporting the roof leak in 2016, he made no further reports to his landlord until 2021 when he once again reported a leak into his bedroom.
This is supported by the landlord’s repair records which show that the resident made no repair requests in the five year period between 2016 and 2021. Based on the evidence available, considering the gap in the reporting of repairs, it is not clear that there was a continuous leak into the property or that any subsequent leak (in 2021) was caused by the same issue.
In addition to his complaint about a leak into the property, the resident told this Service that boxing in repairs within the bathroom were reported to the landlord in 2009; however, they were not completed until August 2021. The landlord’s repair records show a repair raised in 2016 for boxing in repairs to the toilet. No earlier records were provided and there is no evidence that the resident made further reports until 2021.
Paragraph 42(c) of the Scheme states that a resident is expected to bring their complaint to the attention of the landlord within a reasonable time of the problem occurring. This is normally within six months.
After carefully considering all the evidence, in accordance with paragraph 42 (c) of the Housing Ombudsman Scheme, the following aspects of the complaint are outside of the Ombudsman’s jurisdiction:
1. The landlord’s handling of a roof leak to the property in 2016.
1. The landlord’s handling of boxing in repairs within the bathroom.
The resident’s reports of ill health are noted. However, given the time that elapsed between the resident’s contact with the landlord to report repairs, and that a complaint was not made to the landlord until many years after the events, it is found that the landlord was not given reasonable opportunity to consider a complaint about these matters within a reasonable time of the problem occurring.
This report will focus on the landlord’s handling of the roof leak reported in 2021. It will also consider the landlord’s handling of the resident’s complaint.

Background and summary of events

The resident is an assured tenant of the property. The property is a two bedroom flat within a block of flats.
On 25 May 2021, the resident contacted the landlord to report a leak into his bedroom. A contractor attended the resident’s property on 27 May 2021 and carried out repairs to the pitched roof and cleared the roof valley, which was blocked.
An order was raised for a follow up inspection to be carried out within the resident’s property. The landlord has confirmed that this was carried out on 22 June 2021 and works were recommended for a mould wash and for stain block to be applied to the bedroom ceiling.
The resident raised a formal complaint with the landlord on 7 July 2021. Within this, the resident highlighted that the leak had been ongoing since 2016. He said that as a result, the carpet within his property was damaged and required replacement. The resident added that he wished to be compensated by the landlord.
The landlord provided a stage one response dated 7 July 2021. It outlined the issues raised by the resident as:
1. Damage caused to his personal belongings due to a roof leak.
2. Remedial works outstanding following the roof leak.
In its response, the landlord said:
1. It had checked its repair records and noted that its contractor had attended to repair the roof on 27 May 2021.
2. An inspection had been carried out on 6 July 2021 and that follow up works were identified. An appointment had been booked for 10 August 2021.
3. Residents were encouraged to take out contents insurance when moving into a new home. This would cover for any loss or damage to personal items. As there had been no failing on its behalf, it was unable to compensate the resident and he should refer to his contents insurer for any redress.
4. Alternatively, the resident could contact the landlord’s own insurer. Details were provided accordingly.
The landlord confirmed that the follow up works identified at the 22 June inspection were carried out on 10 August 2021.
A further repair was raised on 11 August 2021 when the resident reported that there was a further leak into the bedroom when it rained. This was attended to by a contractor on 13 September 2021 when works were carried out to clear drainage, gutters, and the downpipe on the roof.
On 4 October 2021, the Citizen’s Advice (CAB) wrote to the landlord on behalf of the resident. This letter raised the following issues:
1. That the leak had caused water to run down one wall within his property, requiring him to use a bucket to catch the water. This led to mould developing and caused damage to his carpets.
2. The resident wished to be compensated for the failure to deal with repairs within a reasonable time.
The resident contacted the landlord directly on 27 October 2021 as the paintwork to his bedroom ceiling was beginning to “bubble”. He expressed concern that the leak may still be present.
It is unclear whether the landlord responded to the CAB’s letter of 4 October. However, the landlord issued a stage two complaint response to the resident on 12 November 2021. Within this, the landlord said:
1. It reviewed the investigation undertaken as part of the stage one complaint, which related to the leak that had been reported that year. This found:
  1. Repairs to a leak in the resident’s bedroom were raised and attended to on the following dates:

(1) Order raised on 25 May 2021. Repairs were carried out on 27 May 2021.

(2) Order raised on 11 August 2021. Repairs to clear rainwater goods, completed on 13 September 2021.

(3) Order raised on 27 October 2021 as resident reported the paint on his bedroom ceiling was beginning to bubble and he believed there was still a leak.

The final repair had been issued to its sub-contractor, who would contact the resident within the next five working days to arrange an appointment.
Separate arrangements had been made for a repairs manager to visit the property and conduct an inspection on 16 November 2021.
It acknowledged the impact of the ongoing roof leaks and offered the resident compensation of £250, broken down as follows:
1. £150 for the impact and inconvenience of the roof leak.
2. £50 for the delay to make good the damage inside the property.
3. £50 for the resident’s time and trouble in raising the complaint.

A contractor attended the property on 25 November 2021 and repaired a broken roof tile which was identified as the source of the leak. No further works within the resident’s property were carried out following the repair of this leak.
The resident subsequently contacted this Service in February 2022, as he was unhappy with the landlord’s response to his complaint. He said:
1. He wished to claim compensation for the landlord’s failure to deal with the roof repairs.
2. As a result of the leak, he had water “running down the wall” and mould began to grow on the walls.
3. He had to remove the carpet in the bedroom as a result and was caused inconvenience.
4. He did not consider the landlord’s offer of compensation to be acceptable.
5. Further works had been carried out on 25 November 2021. However, there was still “a bubble” on the bedroom ceiling. The repairs manager was due to attend the property, but an inspection had yet to be carried out.

Landlord’s obligations, policy, and procedures

Within the terms of the assured tenancy agreement the landlord is obliged to:
1. Keep in good repair, the structure and exterior of the premises including:
  1. Drains, gutters, and external pipes.
  2. The roof.
The tenancy agreement also places an obligation on the resident to “report to the landlord promptly any disrepair or defect for which the landlord is responsible in the structure or exterior of the premises…”
The landlord’s repairs and maintenance policy states that it will:
1. Complete emergency works within 24 hours of reporting.
2. Urgent repairs will be completed within 7 calendar days.
3. Routine (appointed) repairs will be completed within 28 calendar days, including follow-on works, unless agreed with the resident.
Section 4.13 of the repairs and maintenance policy refers to insurance claims. This states:
1. The landlord maintains buildings insurance which covers building defects, but not tenants’ contents.
2. Claims for damage to tenants or other third-party possessions will only be considered where there is a clear legal liability or where the landlord could have reasonably foreseen the need for repair and failed to take action.
3. In other circumstances it is the responsibility of the tenant to make a claim under their home contents insurance. For this and other reasons the landlord encourages all tenants to obtain home contents insurance.
The landlord has a two stage complaints policy. This sets the following response times:
1. Stage one to be responded to within 10 working days.
2. Stage two to be responded to within 20 working days.
Where it is unable to meet these timescales at either stage, it is to explain why to the resident and extend the timeframe by no more than a further 10 working days. Any further extension must be agreed with the resident.
The landlord’s complaints policy provides guidance on compensation. This advises that:

“We may consider it appropriate to offer discretionary compensation to a customer following a complaint. Factors considered when deciding to offer compensation include:

Specific financial loss and /or loss of amenity in respect of a claim of disrepair.
The duration of the service failure or situation leading to the complaint.
How often the customer was affected by the situation.
The severity of the situation.
Whether there were multiple service failures.
The cumulative impact on the customer.

Assessment and findings

The landlord’s response to the resident’s reports of a roof leak

The landlord responded appropriately and within a timely manner when the resident reported a leak in May 2021, arranging for a contractor to attend and undertake repairs within two days of his report. This was in line with the landlord’s repairs and maintenance policy which sets a seven calendar day target for completion of urgent repairs.
There were however delays in undertaking a follow up inspection to identify internal repairs required because of the leak. There is a lack of clarity as to when this inspection was completed. The landlord advised this Service that it carried out an inspection on 22 June 2021, whilst its stage one response to the resident advises that an inspection was carried out on 6 July 2021. In any event the follow on works recommended were not completed until 10 August 2021, over two months after the initial repair.
Two further reports of leaks into the bedroom of the property were recorded. The first report was logged on 11 August 2021, where the resident reported a leak affecting his bedroom when it rained. This was attended to on 13 September 2021. A further repair was raised on 27 October 2021 as the resident reported evidence of a slight leak affecting the same area on his bedroom ceiling. This was attended to on 25 November 2021. Both repairs were completed just outside the landlord’s published 28 calendar day target for routine repairs.
While the landlord has provided this Service with a copy of the repair records relating to the property, they are lacking in detail. It would be reasonable for the landlord to have ensured that it kept a record of the report it had received, what was found on inspection, whether further inspection was required, what remedial work was identified, when it was completed and whether any follow up action was required. Recording such information would ensure that the landlord has an accurate audit trail of the actions it has taken.
As an outcome to the stage two complaint the landlord was to arrange for a repairs manager to carry out an inspection of the resident’s property to identify any outstanding follow up works. This inspection was to be carried out on 16 November 2021. The landlord has been unable to confirm that this inspection was completed or that follow on works within the property were completed at this time. In contact with this Service the resident advised in January 2022 that this inspection was outstanding.
As this was a commitment made to assist with the resolution of the resident’s complaint the landlord should have ensured that this inspection was carried out, and a record of its findings made. This failure has left the resident without a conclusion to the repairs within the property and led to his bringing his complaint to this Service.
In contact with this Service the landlord has advised that the resident has raised no further reports about leaks into the property since completion of the repair on 25 November 2021.
The landlord has advised, however, that a works order was raised on 5 April 2023 “off the back of a complaint raised by the resident…” This was to “rectify stain patches from a previous roof leak on the walls and ceiling, also to remedy cracks in the bedroom”. These works were scheduled to be carried out on 27 April 2023. Although it is positive that the landlord is now taking action to rectify these issues, this represents a delay of almost 18 months from the final repair being completed on 25 November 2021. Had the proposed inspection been carried out on 16 November 2021 such a lengthy delay could have been avoided.
The landlord has provided a further update that following its attendance on 27 April 2023, a further leak from the roof was found. Further roof works had been scheduled for 10 May 2023. As a result of this, the internal works to the property remain outstanding.
There were delays in the landlord concluding repairs to the roof to stop a leak into the resident’s property. It is accepted that roof repairs can at times be complex, often requiring a process of elimination to find the main cause of a leak. It is also not possible to confirm that each reported leak was from the same source, with the landlord undertaking a range of different repairs to remedy the situation. However, as the landlord took over a month to attend to both the second and third reports of a leak into the property, the resident experienced an intermittent leak into his property for a period of six months, from 25 May 2021 to 25 November 2021.
The landlord failed to identify and complete follow up works within the resident’s property which were required because of the leak. Its failure to undertake the inspection proposed as an outcome to its stage two was a clear missed opportunity to put things right for the resident. These internal repairs remain outstanding following the identification of a further leak from the roof in April 2023.
In addition to the planned inspection, an offer of £250 compensation was made by the landlord within its stage two response in acknowledgement of the impact of the roof leak, the delay in completing internal repairs and the time and trouble caused to the resident in having to bring his complaint. This offer did not consider the ongoing nature of the internal repairs as the extent of these would only be identified following the proposed inspection.
Part 6.5 of the Housing Ombudsman’s Complaint Handling Code states that the remedy offer must clearly set out what will happen and by when, in agreement with the resident where appropriate. Any remedy proposed must be followed through to completion.
The landlord failed to meet its commitment, made at stage two, to inspect the resident’s property to identify the internal works required. This necessitated the resident raising his complaint with this Service and subsequently pursuing a further complaint with the landlord. Follow up works have only recently been planned, representing a lengthy delay, causing unnecessary inconvenience and uncertainty for the resident. It is noted that these repairs are yet to be completed.
Having considered the landlord’s compensation guidance, the Ombudsman’s guidance on remedies, and the circumstances of the complaint, an order has been made for a more appropriate level of compensation to be paid by the landlord which recognises both the delays and its failure to complete the works required to the property
At stage one of the complaint’s process the landlord declined to offer compensation to the resident as it stated that it had responded appropriately to the resident’s repair reports. As an alternative it referred the resident to his own insurer to claim for the damage caused to his carpet. It also suggested that the resident could make a claim against the landlord’s insurance for the costs associated with replacing the carpet. It was appropriate for the landlord to offer an alternative solution to the resident to recover the costs of damaged items, where the landlord had declined to do so. This option remains open to the resident to pursue.

The landlord’s complaint handling

The landlord has not provided comprehensive information about the resident’s complaints at stage one or stage two. The record provided of his stage one complaint was dated 7 July 2021, the same day as the stage one response. This record refers to earlier contact from the resident that had been treated as a general enquiry, but no records of any earlier contact have been provided to this Service.
It is noted that the date specified for the internal inspection of the property set out in the landlord’s stage one response differs from the date confirmed to this Service through this investigation. Care should be taken by the landlord when drafting complaint responses so that they are accurate, and evidence based.
The landlord has not provided the resident’s final stage complaint escalation, or notes of the telephone call referenced in the stage two reply. It has provided a copy of a letter sent by the CAB on the resident’s behalf. It is unclear if this was taken as an escalation of his complaint. The landlord’s stage two reply was issued 30 working days after it received this letter. Without this evidence the Ombudsman is unable to reliably assess whether the resident’s complaint was handled in accordance with its complaints policy, although it does appear that had it taken the CAB letter as an escalation of the resident’s complaint, its response at stage two was outside its published timescales.
The landlord would be expected to keep records of all correspondence relating to a complaint, including records of any telephone conversations, so that it could fully address all elements of the complaint, find a resolution to the dispute and evidence that it acted reasonably and in line with its obligations under its policy.
It is an obligation of the landlord’s membership of the Ombudsman’s scheme that it must manage complaints from residents in accordance with its published procedure or, where this is not possible, within a reasonable timescale.
Having considered that the landlord has not provide appropriate complaint records, that there are inconsistencies in the information contained within its complaint responses, and that it failed to deliver the promised outcome to the resident to inspect and conclude repairs to his property, there was maladministration on the landlord’s handling of the resident’s complaint.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s handling of a leak leading to mould in the property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s handling of the resident’s complaint.
In accordance with paragraph 42 (c) of the Housing Ombudsman Scheme, the landlord’s handling of a roof leak to the property in 2016 are outside the Ombudsman’s jurisdiction.
In accordance with paragraph 42 (c) of the Housing Ombudsman Scheme, the landlord’s handling of boxing in repairs within the bathroom are outside the Ombudsman’s jurisdiction.

Reasons

The landlord took appropriate action to remedy the leak into the resident’s property following each report made by the resident in 2021 although this continued over a period of six months.
Initial works were completed within the resident’s property to address damage caused, there were two subsequent leaks which undoubtably caused further damage. The landlord was unable to confirm if the inspection promised as an outcome in its stage two response was completed and internal repairs have only recently been arranged andremain outstanding following the identification of a further leak from the roof.
The offer of £250 compensation is not proportionate with the level of inconvenience caused to the resident by the landlord’s failure to satisfactorily complete the repairs both to the roof and internally within the resident’s property, which are consequential to the leak that occurred.
The level of record keeping relating to the resident’s complaint was poor. The stage one appears to have been raised and responded to on the same day and there is no evidence of the resident’s escalation of their complaint, either through a written request or a note of their telephone call with the landlord.
The landlord has also been unable to confirm that it carried out the promised inspection following its stage two response, and overall, its repairs records fail to provide the necessary detail of the actions taken.

Orders

Within four weeks of the date of this decision the landlord should:
1. Apologise to the resident for the failings identified in this case.
2. Pay the resident a total of £500 in compensation, calculated as follows:
  1. £150 in recognition of the inconvenience caused to the resident through the delay in remedying the roof leak into his property.
  2. £250 in recognition of the failure to undertake the inspection scheduled for 16 November 2021 and the inconvenience caused by the continued delay in completing internal repairs to the property.
  3. £100 for the resident’s time and trouble in raising his complaint.
  4. The landlord’s offer of £250 compensation should be deducted from the above total, if already paid.
3. Contact the resident to arrange an inspection of his property. The purpose of this is to ensure that the roof leak has been remedied, to ensure that all follow on works within the resident’s bedroom have been completed, including those scheduled for 27 April 2023, and identify any additional repairs required to the resident’s property. The landlord should provide a copy of its report of works required to the resident, alongside timescales for undertaking these.
4. Review its record keeping in relation to complaints in order that it is able to show a complete history of contact between its residents and the landlord to support effective complaint resolution.

Recommendation

It is recommended that within six weeks of the date of this decision the landlord should undertake a survey of the roof to the building to ensure that it is in good repair and that all rainwater goods, gutters and valleys are clear to prevent further leaks into the resident’s property.