Basildon Borough Council (202344102)

Background

1. The resident lives in a flat with her young son. She made several reports to the landlord of repair issues with the front door, windows, kitchen worktops, and damp and mould issues. She was unhappy with how it was handling the repairs and the damp and mould, and so she raised a complaint with the landlord.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s reports of:
   1. Repairs to the front door, windows, and kitchen worktops.
   2. Damp and mould.
3. We have also considered the landlord’s complaint handling.

Our decision (determination)

4. There was maladministration in the landlord’s response to the resident’s reports of repairs to the front door, windows, and kitchen worktops.
5. There was maladministration in the landlord’s response to the resident’s reports of damp and mould.
6. There was no maladministration in the landlord’s complaint handling.

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

Summary of reasons

7. The resident reported that the front door needed repairing 5 times over a period of 11 months. She also reported that the windows needed repairing 5 times in 11 months. The landlord failed to complete all of the repairs within the timescales set out in its policy. It did not apologise for the delays or offer appropriate compensation for the resident’s time, trouble and inconvenience.
8. The resident reported damp and mould 8 times over a period of 14 months. Although the landlord responded to every report of damp and mould, it failed to provide a lasting resolution until after the resident complained. It did not consider the impact the damp and mould had on the resident, or offer appropriate compensation for the distress and inconvenience she experienced.
9. The landlord’s complaint handling was generally appropriate. It responded to the complaint in line with the timescales set out in its repairs policy. Its responses were thorough and it apologised for the failings it found.

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.

What we did not investigate

10. The resident said in her referral to the Ombudsman that she wanted the landlord to upgrade her banding on her application for rehousing. This is not an outcome that is in our power to consider. This is because a local authority’s management of housing applications is a separate function to its responsibilities as a landlord. The Local Government and Social Care Ombudsman (LGSCO) consider complaints about the wider obligations of a council. The resident can contact the LGSCO for more advice on making a complaint about this issue if she is dissatisfied with how the landlord is handling her rehousing application.

What we did investigate

11. The landlord accepted it was responsible for repairs to the front door, windows, and kitchen worktops when they were reported. This was in line with its responsibilities to repair the structure and outside of the property set out in the landlord’s tenant handbook. The landlord’s tenant handbook sets out that it will aim to complete routine non-emergency repairs within 28 days.
12. The landlord’s repair records showed that the resident requested repairs to the front door 5 times between 5 April 2023 and 5 March 2024. 3 of these repairs were completed within 28 days. However, the repair reported on 1 November 2023 was completed on 23 February 2024, 114 days after the initial report. The repair reported on 5 March 2024 was completed on 7 June 2024, 94 days after the initial report.
13. The landlord’s repair records showed that the resident requested repairs to the windows 5 times between 24 February 2023 and 19 January 2024. 3 of these repairs were completed within 28 days. However, the repair reported on 28 February 2023 was completed on 29 March 2023, 29 days after the initial report. The repair reported on 1 November 2023 was completed on 18 January 2024, 78 days after the initial report.
14. The landlord’s repair records showed that the resident reported repairs were required to the kitchen worktops on 19 January 2024. This was completed on 26 January 2024, 7 days after the initial report.
15. The resident said in their escalation request that the repair to the window sealant and kitchen worktops was completed on 26 January 2024. She said that this complaint had been booked for 25 January 2024 but that the landlord had cancelled this appointment and rearranged it. The landlord’s records show the date the repair was completed, but it does not show if there had been a previous appointment made which was cancelled. As such, we cannot determine whether or not there was a cancelled appointment. In any event, the resident had to provide access for numerous repairs during the time period we are investigating.
16. The landlord party upheld the complaint at both complaint stages, but it did not acknowledge the delays in completing some of the repairs. It did not offer any compensation for the resident’s time, trouble and inconvenience. The landlord’s compensation policy sets out guidance on what it will award if the resident has been impacted and the landlord is fully or partly responsible. Given that the landlord partially upheld the complaint, an offer of compensation would have been appropriate in the circumstances.
17. In summary, there were failings in the landlord’s response to the resident’s reports of repairs to the front door and windows. There was no failing in its response to the resident’s reports of repairs to the kitchen worktops. The landlord failed to offer reasonable compensation for its failings. Its compensation policy recommends compensation of a maximum of £200 where the landlord is responsible for a repeated failure to meet the required standards. Our remedies guidance recommends payments from £100 upwards where there has been a failure which adversely affected the resident. We have therefore ordered the landlord to apologise and pay £150 compensation to the resident in recognition of the distress and inconvenience caused by its response to the resident’s reports of repairs to the front door, windows, and kitchen worktops.
18. The resident has told us that the front door still requires repair or replacement, and that there are other repair issues. We have therefore also ordered the landlord to carry out an inspection of the property to identify any outstanding repair issues.

19. The landlord accepted it was responsible for resolving damp and mould in the property when this was reported. This was in line with its responsibilities to repair the structure and outside of the property set out in the landlord’s tenant handbook.
20. The landlord’s 2022-2023 self-assessment response to the Ombudsman on damp and mould said that the landlord had adopted a zero-tolerance approach to damp and mould interventions. It set out that when damp and mould is reported, it will carry out an initial investigation within 10 days, with remedial works to be carried out within agreed target timeframes. The landlord’s tenant handbook sets out that it will aim to complete routine non-emergency repairs within 28 days.
21. The landlord’s repair records showed that the resident reported damp and mould 8 times between 12 January 2023 and 4 March 2024. The landlord attended to 5 of these reports within 10 days which was reasonable. All 8 reports were attended within 28 days in line with the timescales set out for repairs in the landlord’s tenant handbook.
22. It is positive that the landlord said in its stage 1 complaint response that it would arrange for a repairs supervisor to attend the property on 30 November 2023 due to ongoing issues with mould. It said it would consider installing extractor fans if required. However, there is no evidence that an inspection or visit took place on that date.
23. The resident told us that while she experienced damp and mould in the property, her young son was frequently ill with coughs and colds. She said that belongings were damaged, including a curtain pole which went rusty due to the damp.
24. We cannot assess whether damp and mould affected physical health, and we cannot determine liability or award damages for personal injury. Claims for liability or personal injury would need to be decided by a court. However we can comment on how the landlord responded when the resident reported their concerns. The resident’s concerns were not mentioned in the landlord’s complaint responses, which was inappropriate.
25. The landlord acknowledged in its stage 2 response that it had made a referral to an external contractor to inspect the property to confirm vents required to be installed, but that this inspection had not taken place. It said it had made a new referral to the contractor and asked it to contact the resident. Its records show that a new referral was made to the contractor and followed up. The resident has confirmed to us that the contractor later attended the property in 2024 and fitted new ventilation in the kitchen and bathroom, which resolved the damp and mould issues.
26. In summary, although the landlord responded to every report of damp and mould in line with the timescales set out for repairs in its tenant handbook, its actions failed to provide a lasting resolution. This resulted in the resident living with damp and mould for a prolonged period of time. It failed to consider the impact this had on the resident and did not offer any compensation to the resident for the distress and inconvenience she experienced. It also failed to respond to her concerns about her child’s health. Its compensation policy recommends compensation of a maximum of £200 where the landlord is responsible for a repeated failure to meet the required standards. This is in line with our remedies guidance where there has been a failure which adversely affected the resident. We have therefore ordered the landlord to apologise and pay £200 compensation to the resident in recognition of the distress and inconvenience caused by its response to the resident’s reports of damp and mould.

27. Under the landlord’s complaints policy, it will acknowledge stage 1 and 2 complaints within 2 working days. It will respond at both stages within 15 working days of the complaint.
28. The landlord acknowledged the resident’s complaint and escalation requestthe same day that the resident raised them. It responded to the stage 1 complaint after 8 working days, and it responded to the stage 2 complaint after 5 working days. This was in line with the timescales set out in its complaints policy.
29. The landlord acknowledged the resident’s dissatisfaction, and partially upheld the complaint at both stages. Its responses were thorough and it responded to the complaint in line with its complaints policy. There is therefore no maladministration in the landlord’s complaint handling.

Learning

30. The landlord failed to fully understand or respond to the resident’s concerns about the damp and mould. It should recognise the potential hazard and adopt a zero-tolerance approach to damp and mould. These issues will be especially important now that Awaab’s Law is in force.

Knowledge information management (record keeping)

31. The landlord’s record keeping was mostly satisfactory, with detailed repair logs provided for review. However, the landlord’s stage 2 response letter was not dated, and it was not clear when the landlord had sent it to the resident. The landlord confirmed the date to us when we asked, but it should ensure all of its complaint responses are clearly dated. This will help the landlord with accurate record keeping, and help residents to identify complaints to the landlord if they need to contact it to discuss complaints at a later date.

Communication

32. The landlord should improve its communication with residents around reported repairs. It should not require a resident to make a complaint to be provided with an outcome to reports of ongoing damp and mould issues.