Together Housing Association Limited (202422693)

REPORT

COMPLAINT 202422693

Together Housing Association Limited

31 July 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

The complaint is about the landlord’s response to the resident’s reports of:
1. Concerns about the roof.
2. Damp and mould and the associated repairs.

Background

The resident is an assured tenant of the property owned by the landlord, a housing association. She lives in a 2-bedroom bungalow with her disabled daughter, who is paralysed, uses a wheelchair and uses hoists fitted to the ceilings. The landlord is aware of the vulnerabilities.
The resident reported to the landlord on 6 December 2022 that although it had installed a new roof, water was still dripping from the ceiling of her daughter’s bedroom. She further reported water leaking from the loft in January 2023 along with reporting damp and mould. She continued reporting the same issues in March, April and May 2023. On 14 November 2023, she said there was significant amounts of condensation in her loft that caused water to leak into the property, which caused damp and mould. The landlord raised jobs to treat the damp and mould and assess the roof, but the root cause of the problem remained unresolved.
On 11 December 2023 the resident raised a complaint to the landlord. She said she had experienced poor living conditions due to the landlord completing poor repairs. She said her paralysed daughter had water dripping on her and her bed every morning. There was water and damp all over the property, and the situation was making her ill.
The landlord responded at stage 1 on 13 December 2023. It said it attended on 8 December 2023 to assess the issues with the roof. It was still unsure what was causing the problem and would commission a specialist survey to look at the issue and act on its recommendations. It apologised for the delays arranging works and for the inconvenience caused.
The resident said she was dissatisfied with the landlord’s response on 18 December 2023. She said the problem with the roof was still ongoing and the landlord had offered no resolution.
On 21 December 2023 the resident told the landlord she had contacted solicitors. Her solicitors then instructed a surveyor to assess the property on 2 January 2024 and sent a letter of claim to the landlord on 8 January 2024 to start the pre-action protocol on housing conditions.
The landlord provided its final response on 16 January 2024. It listed information from recent surveys of the property along with some recent work it had completed. It also explained some further work that was required but gave no timeframe. It apologised for any inconvenience caused and offered £500 compensation.
The surveyor appointed by the resident’s solicitors assessed the property on 22 February 2024 as part of the pre-action protocol and concluded the property was uninhabitable. The landlord also arranged its own independent surveyor to assess the property on 23 May 2024 and they did not conclude the property was uninhabitable.
The resident wants the landlord to fully resolve all repair issues. She also wants to be fairly compensated for the stress and inconvenience experienced, along with any costs incurred.

Assessment and findings

Scope of the investigation

In this case, the resident had reported repair issues with water leaking from the property above as early as 2020. However, there are no records to show a complaint was raised with the landlord until December 2023. Therefore, the Ombudsman’s investigation will focus on the landlord’s handling of requests for repairs from December 2022. We cannot consider the previous incidents in assessing the landlord’s handling of the present case as these have become historical and cannot reasonably be investigated at this time. The Ombudsman encourages residents to raise complaints with their landlords at the time the events happen.
The Scheme says the Ombudsman may not consider complaints made prior to having exhausted a member’s complaints procedure. This would include any issues that arose following the landlord’s final response of 16 January 2024. Consequently, this investigation’s assessment is limited to events that occurred up to the final complaint response. The resident may wish to consider making a new complaint to the landlord if she is dissatisfied with its handling of any current matters.
In the resident’s complaints, and in communication with this Service, she said this situation had a detrimental impact on her health and wellbeing and that of her daughter. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an injury, oral testimony can be examined in court. While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident and her daughter experienced because of any service failure by the landlord.

Concerns about the roof

According to the tenancy agreement, the landlord has a responsibility to keep in good repair the outside of the property and its structure. This includes roofs, plasterwork, walls, ceilings and floors.
The landlord’s repairs policy says it will attend emergency repairs within 24 hours. It will complete routine repairs within 28 days. And it will complete minor works (defined as complex maintenance including extensive roofing work) within 63 days.
Following the resident reporting water dripping from the ceiling of her daughter’s bedroom on 6 December 2022, the landlord raised a repair job on 28 December 2022. It requested a roofer to assess the issue and to replace the old loft insulation with newer modern standard insulation. However, the following day, its contractor reported they needed more time.
The resident reported the ongoing leak again on 17 January 2023. She said the water and damp in the bungalow had got worse since the landlord installed the new roof. She raised concerns her paralysed daughter was being dripped on while in bed.
The landlord raised 2 separate repair jobs the next day. It asked its contractors to assess the roof for the condensation issue and to assess the vented ridge tiles. It also again asked them to replace the loft insulation.
On 19 January 2023 the contractors replaced all the loft insulation. They also dried the underneath of the roof felt and repaired the lagging around the pipework. This was within the required timescales.
The resident telephoned the landlord on 24 January 2023 and said water was still leaking into the property and had soaked and ruined her new loft insulation. The landlord raised more work orders on 26 January 2023 and asked its contractor to assess the roof and fit more ventilation.
The contractor reported on 27 January 2023 it had fitted ventilation but needed to return to the property to check if it had worked and to fit some more. It is unclear from the landlord’s records when they returned to complete that work.
On 9 February 2023, the contractor attended the property to assess the roof for condensation and to assess the vented ridge tiles. The contractor removed the ridge tiles and other roof components to complete work to allow more air flow through the roof space. They then reinstated a new ridge roll mat and a dry ridge system.
The resident telephoned the landlord on 25 March 2023. She said the property kept flooding and had lots of outstanding work still ongoing. She also said she had received a message from a contractor who said he would be attending the next day. It is unclear from the landlord’s records what repair jobs were outstanding and why a contractor was attending the next day. There is also no evidence of the landlord taking any action, which is not appropriate.
On 20 April 2023 the landlord raised a further repair job for its contractors to check the loft insulation and replace it where necessary (later completed on 9 June 2023). It is unclear why the landlord raised this job, as there is no record the resident contacted it around that time.
The resident telephoned the landlord on 25 May 2023 about the length of time taken to resolve the leaks from the roof. She asked what work it would complete and when. There is no evidence of the landlord’s response to this communication.
The resident telephoned the landlord 6 months later, on 14, 22 and 27 November 2023, and again reported the ongoing issue of condensation in the loft and water leaking into the property. She said that the issue gets worse when she turns the heating on. She also said a roofer told her on 22 November 2023 that the roof had a faulty membrane, and managers from the membrane manufacturer were attending the property on 28 November 2023 to assess it. The landlord’s records indicate that it completed repairs to the roof ridges and the felt under the ridges on 29 November 2023.
The landlord’s repairs team coordinator and property manager attended on 8 December 2023. They assessed the issues with the roof. However, they were still unsure what was causing the problem and commissioned a specialist survey. Due to the length of time the issues had been ongoing, and the impact to the resident and her vulnerable daughter, it is our view the landlord should have arranged a specialist survey much sooner.
When the landlord issued its stage 1 decision of 13 December 2023 it had been over 12 months since the resident raised her concerns about the roof. It offered no compensation to acknowledge the length of time and inconvenience experienced. It also said it was still unsure what was causing the problem, so could not offer a schedule of works. The landlord told us it had dealt with the issues in accordance with its internal complaint process. However, the lack of consideration for appropriate compensation and not having the necessary repairs arranged was significantly inadequate.
After the resident asked to escalate her complaint on 18 December 2023, she told the landlord she had instructed solicitors on 21 December 2023. The solicitors then sent a letter of claim to the landlord to start the pre-action protocol on 8 January 2024, which was before the landlord had issued its final complaint response. We note it was only in its final response that the landlord offered compensation.
In its final complaint response of 16 January 2024, the landlord said it had not identified any leaks to the roof. It also said the water was mainly condensation and it had recently added more ventilation to the loft space. In addition, it said the insulation in the loft was not evenly laid, which appeared to cause heat to rise into the loft and cause condensation. It listed required work including relaying the loft insulation, fitting a new sealed loft hatch and assessing if a loft mounted ceiling fan was required.
Since the stage 2 complaint response, the resident’s solicitors arranged for an independent inspection of the property on 22 February 2024 as part of the pre-action protocol. The landlord arranged its own independent inspection of the property on 23 May 2024. The overall conclusions about the condition of the property differed significantly between the 2 inspection reports. The water ingress from the loft remains ongoing.
In summary, the landlord raised several jobs to investigate and repair the ongoing issues with the roof prior to its stage 1 decision but the evidence does not demonstrate that it completed all jobs raised. Despite several appointments to install new loft insulation, its stage 2 complaint response confirmed it had not laid the insulation evenly. This was based on its own finding on inspecting the property, as recorded in its log on 11 January 2024. It also delayed arranging for a specialist survey despite the length of time the resident and her disabled daughter had been living in poor conditions.
The landlord offered £500 compensation, however it did not specify the proportion of this allocated for its handling of the reports of concerns about the roof.
As stated above, at the point of the stage 1 response, it had been approximately 12 months since the resident first reported the issues and the landlord had not completed work to resolve the root cause of the matter.
It is good practice for landlords to be explicit in their compensation awards, in terms of highlighting the specific amount of compensation it has awarded to each element of the complaint. The landlord should consider this learning in its future complaint responses.
Based on the failures, the Ombudsman finds maladministration. This is because the landlord’s handling of the matter to resolve the water ingress has not been appropriate. In that time, the resident and their household have been unable to fairly enjoy their home. We have made an order of compensation to recognise the distress and inconvenience caused over the prolonged period and to recognise the likely impact on the household and their loss of enjoyment of their home.

Damp and mould and the associated repairs

The landlord has a responsibility to ensure a property remains fit for human habitation under s.9A of the Landlord and Tenant Act 1985. Landlords need to make sure their homes are safe, warm, and free from hazards. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. Damp and mould growth are a potential hazard, and the landlord is required to consider whether any mould problems in its properties amount to a hazard that requires a remedy.
The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) provides recommendations for landlords, including that it should:
1. Adopt a zero-tolerance approach to damp and mould interventions. Landlords should review its current strategy and consider whether its approach will achieve this.
2. Ensure it can identify complex cases at an early stage and have a strategy for keeping residents informed and effective resolution.
3. Ensure that it clearly and regularly communicates with its residents regarding actions taken or otherwise to resolve reports of damp and mould.
4. Identify where an independent, mutually agreed and suitably qualified surveyor should be used, share the outcomes of all surveys and inspections with residents to help them understand the findings and be clear on next steps. Landlords should then act on accepted survey recommendations in a timely manner.
According to the landlord’s damp and mould policy, it says that following a report of damp and mould, it would send a contractor to the property to determine the cause and seek to resolve the matter immediately. Or an inspection may be required to further diagnose the problem to find out what is causing the damp, mould or condensation. It also says its actions could include providing and funding a dehumidifier, installing ventilation systems, or applying mould resistant coverings as appropriate.
The landlord’s repairs policy defines damp and mould issues as routine repairs with a target for completion of 28 days.
When the resident reported leaking and damp issues on 6 December 2022 the landlord should have either arranged for the damp and mould to be treated or arrange a damp and mould inspection. There is no evidence it did either.
Following the resident’s further report on 17 January 2023 the landlord raised a repair job the next day. It asked its contractor to inspect the plastering and assess for a full mould treatment to the daughter’s bedroom. It is unclear from the landlord’s records if that took place.
When the resident contacted the landlord on 25 May 2023, she was not happy with the length of time taken to resolve all issues. She also said she was unhappy she had to buy a dehumidifier and pay for extra electricity. As the landlord’s damp and mould policy allows for providing and funding a dehumidifier, it is our view it should have offered to cover the costs for the resident.
The landlord raised a repair job on 14 November 2023. It asked its contractor to complete a chemical cleaning of the daughter’s bedroom. The contractor booked an appointment with the resident for 17 November 2023. However, they reported to the landlord that when they attended, they could not treat the daughter’s bedroom due to the amount of belongings and equipment. The resident also raised concerns about the possible effect of the treatment spray on her daughter.
When the landlord issued its stage 1 decision of 13 December 2023 it had been over 12 months since the resident raised the damp and mould issue. It offered no compensation to acknowledge the length of time and inconvenience experienced. It also did not offer to cover the costs associated with the dehumidifier. Again, the lack of consideration for appropriate compensation and not arranging appropriate repairs was inadequate.
The contractor later reported on 16 December 2023 the resident said she thought the landlord would rehome her, so the treatment was no longer required.
In its final complaint response of 16 January 2024, the landlord said the damp was mainly caused by condensation and it had recently added more ventilation to the loft space. In addition, it said the resident did not use much heating and the temperature was 13 degrees when it attended. It listed required work including removing and cleaning any black mould and that it needed to discuss the heating with the resident.
Since the landlord’s final complaint response, the resident has told this Service the damp and mould issues remain ongoing.
We are ordering the landlord to apologise and pay the resident £400 compensation. This considers the failings mentioned above and includes the compensation the landlord already offered as detailed in its complaint response. This is within the bracket the Ombudsman’s remedies guidance would award for failures of this nature resulting in maladministration that adversely affected the resident.

Determination

In accordance with paragraph 52 of the Scheme, there was maladministration in respect of the landlord’s handling of the resident’s reports of concerns about the roof.
In accordance with paragraph 52 of the Scheme, there was maladministration in respect of the landlord’s handling of the resident’s reports of damp and mould and the associated repairs.

Orders

The landlord must within 28 days of the date of this determination:
1. Provide the resident with an apology for the failings outlined in this report.
2. Provide the resident and this Service with its schedule of works to resolve all issues relating to the roof and damp and mould.
3. Pay the resident total compensation of £1,200 in addition to the amounts awarded in the complaint procedure. This is made up of:
  1. An additional £800 in recognition of the time, trouble, distress, and inconvenience caused by its failures to appropriately handle concerns about and repairs to the roof.
  2. An additional £400 (this includes the portion of the amount previously offered if not already paid) in recognition of the time, trouble, distress, and inconvenience caused by its failures to appropriately handle repairs to the damp and mould.
All payments must be paid directly to the resident and not credited to the rent account unless otherwise agreed by the resident.