Swindon Borough Council (202332528)

Background

1. The resident was having repair work completed in her bathroom. The landlord said it experienced unforeseen delays, as the work needed to treat damp and mould was more extensive than it had originally thought. The resident was dissatisfied with the length of time the repairs took and the communication from her landlord. The resident lives with her son. They both have health conditions which the landlord was aware of.

What the complaint is about

2. The complaint is about how the landlord dealt with repairs to the bathroom, including damp and mould.
3. We have also considered the landlord’s response to the associated complaint.

Our decision (determination)

4. We have found maladministration in how the landlord dealt with repairs to the bathroom, including damp and mould.
5. We have found maladministration in the landlord’s response to the associated complaint.

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

Summary of reasons

6. The landlord did not complete repairs within its stated timeframes. It failed to keep the resident informed about planned works or explain delays. It did not consider the resident and her son’s health conditions, despite identifying them as a risk.
7. The landlord did not follow its complaints procedure. It did not send complaint acknowledgements or address specific issues raised by the resident.

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.

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.

8. The resident said that repairs had been ongoing for 4 years. We encourage residents to submit complaints promptly, usually within 12 months of the issue arising. This allows the landlord to assess the complaint based on the available evidence and reach an informed decision. Considering the availability and reliability of evidence, our assessment will focus on events from November 2022 through to the completion of the landlord’s complaints process. Earlier events have been briefly referenced at the beginning of our assessment to provide context.
9. For our assessment, we have looked at:
   1. Damp and mould, and the associated recommendations.
   2. All other bathroom repairs.
10. We have assessed these issues separately, but they make up one finding of maladministration.

Damp and mould, and the associated recommendations

11. Between August 2022 and November 2022, the landlord’s repairs log shows it was aware of issues with insulation and damp and mould in the bathroom. Evidence between 11 November 2022 and 1 March 2023 has not been provided. We have addressed the landlord’s record keeping later in this report. On 1 March 2023, damp and mould was treated and the landlord requested a survey. There is no evidence that the resident was kept informed of the programme of works or told when work would be carried out. This was not in line with the landlord’s damp and mould strategy and housing handbook.
12. On 21 Mach 2023 a surveyor recommended the replacement of an extractor fan to help manage moisture. The extractor fan was replaced after 47 days, exceeding the 40–day target for non-urgent repairs described in the landlord’s housing handbook. The landlord did not contact the resident during this time.
13. On 31 May 2023, when the fan was replaced, the landlord noted that damp and mould was reappearing. It acknowledged health related vulnerabilities in the household. Between 18 and 26 July 2023, it completed mould treatment, tried to contact the resident to discuss the damp and mould and engaged with colleagues to explore long-term solutions. These actions were in line with its damp and mould strategy and repair timescales. The strategy also says that the landlord should consider individual circumstances of the household, including any vulnerabilities, and assess the need for action. There is no evidence that the landlord considered the resident and her son’s health conditions. When the landlord has identified a risk, it should consider what it can do to mitigate that risk, such as considering if there is any support it could offer.
14. There is no evidence that the landlord took further action or engaged with the resident until September 2023, when a contractor attended. The repairs log suggests this was in response to a job raised in April 2023. The landlord failed to keep the resident informed of the planned works or have a contractor attend within the repair timescales.
15. Between 19 September 2023 and 9 October 2023, the landlord took further steps to resolve the issues. It completed a damp and mould inspection, which recommended insulation, upgrading extractor fans, and replacing radiators. The landlord also continued to research options for a long-term solution to the damp and mould. It told the resident it would take more time and would likely lead to more extensive work. While it is positive that the landlord was seeking an effective solution and trying to manage the resident’s expectations, the resident was not kept informed about planned works or expected timescales. The landlord could have provided information about the plans for work recommended in the survey, for example.
16. Two months after the damp and mould survey was completed, the landlord’s stage 1 response confirmed that the recommended works had been raised with contractors. It said the radiator would be measured on 28 November 2023. The repairs log says that a contractor had already measured the radiators on at least 2 occasions. The landlord did not explain why this needed to be done again or provide a timescale for completion of the recommended work. It was already exceeding its 40-day timeframe.
17. The insulation was completed in December 2023, 63 days after it was recommended. There is no evidence that the resident was communicated with about the delay.
18. The landlord’s stage 2 response, almost 3 months after the survey was completed, said that the recommended work would be completed within 30 days. The landlord said it would keep in touch with the resident. The extractor fan was replaced on 21 January 2024. The landlord told us that the radiator refits were completed by 11 July 2024. These repairs exceeded both the 40-day timeframe for non-urgent repairs and the extended timeframe given by the landlord in its final complaint response. There is no evidence of any communication from the landlord, as it had agreed to.

Other repairs to the bathroom

19. All other repairs including to the ceiling, the downpipe, and bathroom refitting were highlighted in the complaints process from November 2023 onwards. The landlord included these in its stage 1 and stage 2 responses, committing to resolving all repairs within 30 days of its final response.
20. The ceiling repair was completed by 7 February 2024 and the downpipe repair by 11 July 2024. We have not been told when the refitting took place. The landlord told us the full bathroom replacement was completed by 24 April 2024. These dates show that, as with the damp and mould, the landlord significantly exceeded its agreed timescales. There is no evidence that it kept the resident informed or explained the reasons for the delays.
21. The landlord has referred to phone calls with the resident and a complaint made in July 2023, as well as obstacles it faced around scheduling repairs, arranging access for a damp survey and finding contractors. However, no supporting evidence was provided. There are also breaks in evidence, for example between 11 November 2022 and 1 March 2023. These gaps in evidence have limited our ability to fully assess the landlord’s actions. This has been referenced under the learning section of this report.

Summary

22. The landlord told us that resolving these issues was more complex than expected, causing delays. We appreciate that unforeseen delays can happen when trying to find long term solutions to damp and mould and recognise the efforts made by the landlord to find an effective remedy. Though this does not mitigate the repeated failures to keep the resident informed of planned works, explain delays or consider known household vulnerabilities.
23. We have made a finding of maladministration. While the landlord acknowledged fault and issued a general apology, it failed to acknowledge specific failings or provide meaningful remedies. Financial compensation is appropriate for the distress and inconvenience caused by communication failures and delays, the length of time the issues were ongoing for, and the failure to consider the resident and her son’s health conditions. We have made an order for the landlord to pay £450. This is in line with our remedies guidance for failures which have adversely affected the resident and the landlord has not appropriately acknowledged or put right.

24. The landlord’s complaint handling policy says it will acknowledge a stage 1 complaint within 3 working days and respond within 10 working days of the acknowledgement. It will acknowledge a stage 2 within 5 working days and response within 20 working days of acknowledgement. The landlord failed to acknowledge the resident’s complaint at both stages. However, it sent both its responses within the set timeframes.
25. In both responses, the landlord did not address issues raised by the resident, such as the contractors not attending when scheduled, the lack of communication about plans, or the reasons for the delays. This was not in line with its complaints policy, which says it will provide explanations about what went wrong. This has also led to a missed opportunity for the landlord to learn from its errors.
26. We have made a finding of maladministration. We have identified multiple failings which were not appropriately acknowledged, learned from or put right. In line with our remedies guidance, we have ordered the landlord to pay £100 in compensation.

Learning

27. The landlord told us that it does not have any vulnerabilities recorded for the resident on its system. The landlord noted health conditions in its repairs log. It also identified health conditions as a risk in its risk in its damp and mould survey. This suggests a need for better record keeping about its residents and training on how to respond to known risks when dealing with damp and mould.
28. Landlords should maintain appropriate records so they can satisfy themselves, their residents, and external organisations like us that they have responded to issues in a way that’s fair and reasonable. In this case, the landlord did not provide clear records, such as call logs, to demonstrate this. This indicates more effective record keeping is needed.
29. The landlord said it had introduced additional checks following the complaint. While this is a positive step, it did not explain what these checks involved or how they would improve service delivery. Clearer communication about improvements could help build trust with residents and demonstrate learning from complaints.