London Borough of Enfield (202416777)

Background

1. The resident has a lung condition that was known to the landlord at the time of this complaint. He reported damp and mould caused by a leak in his bathroom. The resident says he reported this several times from July 2023, but the landlord did not start addressing the issue until April 2024.

What the complaint is about

2. The complaint is about how the landlord:
   1. handled reports of damp and mould
   2. dealt with the resident’s complaint

Our decision (determination)

3. We found there was maladministration in how the landlord handled reports of damp and mould, and the resident’s complaint.

We have made orders for the landlord to put things right.

Summary of reasons

Reports of damp and mould

4. The landlord failed to follow its damp and mould policy by taking 42 days to arrange a survey instead of 21 as set out in its policy. It did not consider the resident’s vulnerabilities despite marking the issue as urgent. However, once the survey was completed, the landlord acted promptly to carry out repairs and kept the resident updated.

Complaint handling

5. The landlord met the complaint timescales, but it did not review the evidence carefully. It gave the wrong date for the damp and mould report and failed to admit its delay in arranging the survey or take steps to put things right. This did not align with the Complaint Handling Code.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

What we will not investigate

6. While the first damp and mould report was in 2020, we focused on the recent issue in 2024. We expect residents to raise complaints promptly, normally within 12 months, so landlords can investigate issues while they are still current. This helps ensure a fair investigation and an informed decision.
7. The resident said damp and mould worsened his health conditions. Claims for personal injury are better handled by the courts, which can use independent medical advice to decide the cause and impact. We have not investigated this further. However, we can consider whether the landlord should pay compensation for distress and inconvenience.

What we will investigate

8. On 6 March 2024 the landlord sent an internal email asking its Repairs team to arrange a surveyor visit for damp and mould at the resident’s home. It noted the resident’s health concerns and requested the issue be treated as urgent.
9. The resident said he tried calling the landlord several times between July and October 2023 and visited a local library to report the issue in person during the same period. As an evidence-based organisation, we rely on contemporaneous records. In this case, neither party provided records showing reports before March 2024. Based on the evidence, our investigation will focus on the period from 6 March 2024.
10. The landlord arranged a survey for 17 April 2024 after receiving the report on 6 March 2024. This did not follow its damp and mould policy, which requires a survey within 21 days. The landlord took 42 days, causing the resident distress and inconvenience.
11. The evidence shows that the landlord did not raise the request for a survey until 3 April 2024, despite receiving the report on 6 March 2024. It is not clear why it took so long to raise this, and there is a lack of records to show what it did after receiving the report between 6 March and 3 April 2024. This highlights a failure in its knowledge and information management, and likely contributed to the delay in arranging a survey.
12. The landlord said the issue was urgent and could affect the resident’s health, but there is no record it considered the resident’s vulnerabilities when planning the repair. Its policy allows faster repairs for vulnerable tenants and asks residents to share special circumstances so it can properly prioritise. The failure to do this added to the resident’s distress and inconvenience.
13. After the 17 April 2024 survey, the landlord completed repairs within its 30-day policy or scheduled work at the resident’s earliest convenience. This included fixing the cause of damp and mould and doing follow-up internal work. It was positive that the landlord acted promptly after identifying the required repairs.
14. The landlord’s compensation policy states it will consider payments of £100 to £600 for significant service failures, which aligns with our remedies guidance. In this case, we ordered the landlord to pay £200 to reflect the impact of its failings. This recognises the adverse impact to the resident, while recognising it resolved the issues promptly after the survey following a short delay.

15. The landlord’s complaint policy follows our Complaint Handling Code (the Code), which uses a 2-stage process. Complaints must be acknowledged within 5 working days. Stage 1 responses should be sent within 10 working days, and stage 2 within 20 working days. The landlord acknowledged both stages on time and responded within 20 working days. Although the stage 1 response took longer than 10 working days, the Code allows up to 20 days if the landlord explains the delay. The landlord did this, so it handled the complaint within the correct timescales.
16. The Code requires landlords to review all evidence carefully at each stage. In its stage 2 response, the landlord wrongly said it first received a damp and mould report on 3 April 2024, when it actually received it on 6 March 2024. This mistake caused the resident distress.
17. The Code also says landlords must admit when something goes wrong and put it right. The landlord failed to follow its policy to arrange a survey within 21 days and did not acknowledge this, adding to the resident’s inconvenience.
18. We considered whether the failings amounted to maladministration. In doing so we looked at the impact these failings had on the resident. Following the stage 2 complaint response the resident sent several emails to the landlord, including a subject access request. This was because he was unhappy the landlord said it only received his damp and mould report in April 2024. The mistakes made by the landlord in its stage 2 complaint response undermined its relationship with the resident. The communication after the stage 2 response showcases this, the resident explained several times he had lost faith in the landlord.
19. Considering all the circumstances we decided this amounts to maladministration. We have ordered the landlord to pay £100 compensation which is a fair amount to reflect these failings and the impact to the resident. This is in line with the landlord’s policy and our remedies guidance.

Learning

Knowledge information management (record keeping)

20. The landlord should ensure it has appropriate ways to manage information so as to avoid errors in complaint handling. Keeping a clear, accessible log of incidents and communications would help create accurate timelines and prevent mistakes in responses. This can also help identify recurring issues, or potential vulnerabilities that need to be considered when managing a case.

Communication

21. Overall, the landlord communicated well. It responded promptly to most of the resident’s messages and kept him updated on repair progress.