Haringey London Borough Council (202338854)
|
Decision |
|
|
Case ID |
202338854 |
|
Decision type |
Investigation |
|
Landlord |
Haringey London Borough Council |
|
Landlord type |
Local Authority / ALMO or TMO |
|
Occupancy |
Secure Tenancy |
|
Date |
17 October 2025 |
Background
- The resident lives in a 2-bedroom terraced house. She has complained that the landlord has not completed repairs to her bathroom resulting from damp and mould. She is also concerned that it has not repointed external brickwork and erected a new fence on her front garden wall. She asked us to investigate her complaint because she is unhappy with the landlord’s final response. She wants the landlord to complete the outstanding repairs and a damp and mould inspection.
What the complaint is about
- The complaint is about the landlord’s handling of:
- bathroom repairs
- fencing repairs
- repointing external brickwork
- We have also investigated the landlord’s complaint handling.
Our decision (determination)
- There was service failure in the landlord’s handling of bathroom repairs.
- There was maladministration in the landlord’s handling of fencing repairs.
- There was no maladministration in the landlord’s handling of repointing external brickwork.
- There was no maladministration in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
- In summary, the Ombudsman found that:
- The landlord did not show it had learned from its previous failings when it delayed in completing bathroom repairs.
- The landlord did not follow the timescales set out in its repairs policy when it delayed in inspecting the resident’s fence.
- Given the landlord’s survey did not recommend that it needed to repoint the external brickwork it was reasonable it completed the recommended repairs to the guttering.
- Aside from a 2 working day delay in providing its stage 2 response, the landlord’s complaint handling was reasonable.
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.
|
Order |
What the landlord must do |
Due date |
|
1 |
The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
|
No later than: 14 November 2025 |
|
2 |
The landlord must pay the resident £500 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid.
|
14 November 2025
|
|
3 |
The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by someone suitably qualified to complete an inspection of the type needed. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date.
What the inspection must achieve The landlord must ensure that the surveyor:
The survey report must set out:
|
14 November 2025
|
|
4 |
The landlord must write to the resident and set out its position about repairing the front garden fence. It should explain to her how it intends to complete the repairs to her garden wall and include timeframes for when it intends to complete those works. |
14 November 2025
|
Our investigation
The complaint procedure
|
Date |
What happened |
|
26 January 2023 |
The landlord completed a damp and mould inspection of the resident’s bathroom. It identified damp and slight mould. It noted that the walls needed to dry out before it could complete repairs. |
|
11 September 2023 |
The resident raised her complaint. She was unhappy the landlord had not resolved the damp and mould in her bathroom. She said the bathroom extractor fan was faulty. She also said a surveyor had recommended the landlord repoint the external brickwork during a survey in 2022. She reported that her front garden fence was in a state of disrepair and wanted the landlord to replace it. |
|
15 September 2023 |
The landlord sent the resident a stage 1 acknowledgement. |
|
25 September 2023 |
The landlord issued its stage 1 response. It told her that it:
|
|
5 October 2023 |
The landlord installed a new extractor fan in the resident’s bathroom. The appointment to repair her bathroom ceiling did not take place, the landlord attended but there was no access. |
|
17 November 2023 |
The resident contacted the landlord and told it she was unhappy with the condition of her fence. She also said it had not addressed her concern it had not repointed her external wall. It had also not repaired the crack in her bathroom ceiling. She wanted the landlord to redecorate her bathroom. |
|
1 December 2023 |
The landlord completed a mould wash of the resident’s bathroom walls. It also sealed and painted the bathroom walls during that appointment. |
|
31 January 2024 |
The resident escalated her complaint to stage 2. She said the condition of the fence was leaving her home exposed. She was unhappy with the mould remaining in her bathroom and that the landlord had not kept her updated. She said the external wall needed to be repointed to prevent the damp and mould. She also said her bathroom extractor fan was found to be inadequate in 2022 and the landlord had not done anything about that. |
|
6 February 2024 |
The landlord sent the resident a stage 2 acknowledgement. It said it would respond to her complaint by 28 February 2024. |
|
4 March 2024 |
The landlord issued its stage 2 response. It apologised it had not kept the resident updated and that it had not progressed the repairs. It said it would inspect the plastering in her bathroom on 7 March 2024. It would also inspect her garden fence to establish what works were required on 13 March 2024. It told her the 2022 inspection of the exterior of her home found the cause of damp to be the guttering, not the pointing of her wall. It had completed the repairs to the guttering at the time. It agreed to complete another damp and mould inspection and would contact her to arrange that. It awarded her £200 compensation to reflect the inconvenience its delay in completing the repairs had caused her. |
|
7 March 2024 |
The landlord inspected the resident’s bathroom. It agreed to replaster the ceiling and repair a crack in the plaster on the wall. |
|
13 March 2024 |
The landlord inspected the resident’s front garden fence. It noted that it made the fence safe, but that it needed to repair the garden wall before installing a new fence. |
|
20 May 2024 |
The landlord completed the plastering repairs in the resident’s bathroom. It raised a job to return to paint the bathroom once the plaster had dried. |
|
3 June 2024 |
The landlord inspected the resident’s front garden wall. It concluded that it needed to demolish the wall and rebuild it. |
|
4 June 2024 |
The resident told us she was unhappy with how the landlord had handled her fence repair and the plastering of her bathroom ceiling. She wanted the landlord to complete the outstanding repairs. She also wanted another damp and mould inspection. |
|
18 June 2024 |
The landlord painted the resident’s bathroom ceiling. It was satisfied it has resolved the damp and mould issues in her bathroom following that appointment. |
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 did not consider
Our investigation has focused on the landlord’s response to the resident’s formal complaint and any assurances made in is final response. The evidence shows that the inspection of the resident’s fence identified issues with the garden wall which the landlord needed to remedy. As those issues were identified after its stage 2 response, we have been unable to consider the landlord’s response to repairing the garden wall as part of our investigation. If the resident has concerns about the landlord’s handling of the garden wall repairs, she could raise a new complaint under its internal complaint procedure.
|
Complaint 1 |
The landlord’s handling of bathroom repairs. |
|
Finding |
Service failure |
- Neither the landlord nor the resident provided evidence showing that the landlord was aware of faults with the bathroom extractor fan before the resident’s stage 1 complaint. As part of its stage 1 response the landlord installed a new extractor fan within the 28 days allowed by its repairs policy for a routine repair. That action was reasonable. It also attempted to complete damp and mould repairs the same day, but the resident was not at home to provide access, so it left a card. Although the resident did not contact the landlord following that attempt the landlord did not show good customer service when it did not follow that up.
- When the resident next contacted the landlord on 17 November 2023 it acted promptly and in line with its repairs policy when it completed a mould wash of her bathroom. However, it did not consider the concerns the resident had raised about her bathroom ceiling. That was not appropriate and prompted the resident to escalate her complaint to stage 2.
- The landlord went some way to putting things right at stage 2, it awarded her compensation for the inconvenience its delays had caused her. It also arranged to inspect and repair her bathroom ceiling. It was prompt in completing the inspection. However, it did not follow the timescales set out in its repairs policy when it took 75 calendar days to replaster the ceiling. The landlord also failed to provide evidence it arranged a new damp and mould inspection as it said it would in its stage 2 response.
- As the landlord delayed in completing the assurance it made in its stage 2 response and did not arrange a further damp and mould inspection there was service failure in its handling of bathroom repairs.
|
Complaint 2 |
The landlord’s handling of fencing repairs |
|
Finding |
Maladministration |
- The above summary of events shows that the landlord delayed in completing an inspection of the resident’s front garden fence. It also failed to keep her updated.
- Under the terms of the tenancy agreement the landlord is responsible for keeping the structure and the outside of the property in good repair.
- It was not appropriate the landlord did not follow through on the assurance it made to inspect the fence in its stage 1 response. That did not show it was taking the resident’s concerns seriously. It added to her inconvenience because she had to chase it up.
- The landlord went some way in putting things right at stage 2. It was positive it arranged an inspection and completed that assurance. However, its compensation award of £200 covering both the bathroom and fencing repairs did not go far enough in reflecting the distress and inconvenience caused to the resident. By the time the landlord completed the fence inspection it had been 185 days since the resident reported the issue. That was unreasonable and well outside the 28 days mentioned in its repairs policy for a routine repair.
- We have found maladministration in the landlord’s handling of fencing repairs. While the eventual need to demolish the wall was outside the landlord’s control, it was not reasonable that it took 6 months for the landlord to inspect the fence and identify this. The delay caused avoidable inconvenience to the resident. Although the landlord offered some compensation, this did not adequately reflect the extent of the delay or the effect on the resident.
|
Complaint 3 |
The landlord’s handling of repointing the external brickwork |
|
Finding |
No maladministration |
- The landlord’s March 2022 survey identified the guttering of the resident’s home as being the cause of the damp and mould. It had also completed an earlier inspection and found no issues with the brickwork. The landlord had already explained that to the resident in its response to an earlier stage 1 complaint in July 2022. It was appropriate it repeated its explanation in its March 2024 stage 2 response. As the landlord’s survey did not recommend repointing the external brickwork there was no maladministration in its handling of that issue.
|
Complaint 3 |
The landlord’s complaint handling |
|
Finding |
No maladministration |
- The Housing Ombudsman’s Complaint Handling Code (the Code) sets out when and how a landlord should respond to complaints. The relevant code in this case was the 2022 edition. While the Code at that time was not statutory it provided best practice guidance to landlords. Our findings are:
- At the time of the resident’s complaint the landlord’s complaints policy was under review to bring it in line with the Code.
- The landlord had 5 working days to acknowledge and 10 working days to answer the resident’s stage 1 complaint. The landlord acknowledged the complaint in 4 working days and provided its response in 10 working days. Those were both provided within the timeframe allowed by the Code.
- The landlord had 5 working days to acknowledge and 20 working days to answer the resident’s stage 2 complaint. The Code said that if an extension further than 20 working days was needed it should be agreed by both parties. The landlord acknowledged the stage 2 complaint in 4 working days. It should have provided its response by 28 February 2024. It wrote to her the day the response was due let her know its response would be delayed. It said it would provide its response before 8 March 2024, which it did. It provided its response after 22 working days.
- Our outcome guidance allows the Ombudsman to make a determination of no maladministration where minor failings have been identified. Although the landlord has not provided evidence it sought the agreement of the resident for its extension, it provided its response just 2 working days outside the time allowed by the Code. Given it gave the resident notice and delivered the response quicker than its revised target date there was no lasting detriment caused by its delay. For those reasons there was no maladministration in the landlord’s complaint handling. It is also noted that the landlord now has a published complaints policy that is in line with the 2024 version of the Code.