London Borough of Barnet (202320536)

Background

1. The resident reported damp and mould in April 2022. The landlord removed asbestos from the bedroom and completed some repairs. The resident felt unable to use the bedroom and slept in the lounge. The landlord inspected in April 2024 and confirmed more works were needed.

What the complaint is about

2. The complaint is about the landlord’s:
   1. Handling of damp and mould.
   2. Complaint handling.

Our decision (determination)

3. There was maladministration in the landlord’s:
   1. Handling of damp and mould.
   2. Complaint handling.

Summary of reasons

The landlord’s handling of damp and mould

4. The landlord’s repair and customer contact records were incomplete. The landlord acknowledged there were repair delays but said these were outside its control and the resident did not communicate after August 2022. This was inaccurate as both the landlord and the resident cancelled appointments. The landlord did not engage with the resident’s request for bedroom repairs to be done first. The landlord ordered additional insulation, but there is no evidence it was installed.

The landlord’s complaint handling

5. The landlord did not acknowledge the resident’s complaint. It took too long to send its stage 1 response. The landlord said it sent a stage 2 response but was unable to provide a copy. After we contacted the landlord, it reopened the complaint but took too long to send its stage 2 response.

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 did not investigate

6. The resident told us conditions in the property had made her unwell. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We’ve not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.

What we did investigate

7. The landlord visited on 28 March 2022. Its repair record said there was “really bad” damp, mould and cold and an inspection could be needed. It said the boiler was regularly losing pressure. The landlord did a ‘site survey’, which confirmed there was no asbestos where the boiler was located. It did a repairs inspection on 13 April 2022 and on 14 April 2022 ordered repairs to bathroom ceiling and the removal of asbestos. The landlord acted correctly in carrying out an inspection. It has not, however, provided the inspection report. Complete and accurate repair records are essential to allow a landlord to fulfil its repair responsibilities and demonstrate it has done so. This is a recordkeeping failure.
8. On 18 April 2022 the resident complained to the landlord. She said there was a lot of damp, and she had to use 3 dehumidifiers. The resident said the landlord inspected but told her the only solution was dehumidifiers and nothing else could be done about the damp.
9. In its stage 1 response the landlord said it completed a mould wash and ordered a new boiler. The landlord said it would remove asbestos from the bedroom ceiling and replace the kitchen fan, and afterwards it would repair the bathroom and bedroom ceilings. This was a reasonable response to damp and mould. However, the landlord should have addressed the resident’s concerns about having to use dehumidifiers and explained how it would deliver a lasting resolution.
10. In May 2022 the landlord replaced the boiler and removed the asbestos. It did not complete the ceiling repairs or tell the resident when the repairs would be done.
11. The landlord did an inspection in June 2022. It has not provided the inspection report.
12. The resident escalated her complaint in June 2022. In July 2022 she contacted the landlord about the condition of the bedroom and bathroom. She said she had been sleeping on the sofa for 53 days. She said the landlord was due to plaster the walls in August 2022, but this was too slow. The landlord did not respond to the resident’s email. The resident’s report said there were exposed wires. The landlord should have ordered an emergency repair or, confirmed if the wires were not ‘live’, but it did neither.
13. The resident asked to move the fan replacement from July 2022 to September 2022, and the landlord changed the appointment. The landlord also contacted the resident in September 2022 to book an inspection. It has not provided an inspection report.
14. In October 2022 the landlord booked a mould wash and wallpaper removal. The resident confirmed the appointment. She also asked about insulation, which she said the landlord told her would be installed. The landlord did not respond to the resident’s query.
15. In November and December 2022, the landlord stripped wallpaper, did a mould wash and replastered the bedroom walls. It also ordered a mould wash and replacement flooring in the wet room. The resident cancelled these repairs and said she would rebook.
16. In January 2023 the resident told the landlord the property was still freezing and damp. She said the landlord had not installed insulation. The resident said she had to regularly remove mould and constantly run 3 dehumidifiers, which was expensive. The landlord did not respond to the resident’s email.
17. On 30 January 2023 the landlord ordered the redecoration of the bedroom. The landlord said the resident subsequently cancelled the works. It has not provided a record of the cancellation request.
18. In April 2024 the landlord did a ‘healthy homes’ and a damp inspection. This found mould and condensation in the kitchen and lounge. The landlord ordered a mould wash, and the installation of loft insulation and air vents. The landlord also ordered the lounge walls and ceiling to be stripped, and the lounge, bedroom and bathroom to be decorated. When the landlord contacted the resident, she said she was sleeping in the lounge and asked for the bedroom repairs to be done first. The landlord did not agree the resident’s request or explain why this was not possible.
19. The landlord’s customer contact and records are incomplete. The evidence provided by the landlord shows it suspected there was a leak in the bedroom. The resident told it she had received multiple calls and asked the landlord to communicate by email. The landlord also asked the resident if the works should be cancelled because of her work. The limited information provided by the landlord does not demonstrate it followed its policy, which required it to work with residents to manage and eradicate damp and mould.
20. On 18 September 2024 the landlord inspected. It has not provided an inspection report. The landlord’s repair records say there was a lot of damp and mould, and the bathroom was in very poor condition. The record says a leak investigation and insulation check was needed. There is no evidence the landlord did these. A subsequent repair record said the landlord thought the issues were due to ‘cold bridging’. The landlord has not provided information that explains why its assessment changed.
21. The landlord’s stage 2 response acknowledged repair delays between April 2022 and January 2023. It said the delays were mainly outside its control and there was no service failure. It said the resident did not communicate after August 2022. The landlord said it inspected in April 2024 and ordered a mould wash, insulation and works to the bathroom and lounge walls. The landlord acknowledged there was damp and mould in the wet room.  It said it ordered the flooring to be replaced but the resident cancelled. The landlord said it was currently unable to do the work but would contact the resident. It said it was committed to resolving the issues in the bathroom, kitchen, bedroom and lounge but required access to do so.
22. The landlord’s repair and customer contact records are incomplete. However, the records it provided show its stage 2 response was inaccurate and the resident was chasing repairs after August 2022. They also show the landlord, and the resident cancelled appointments. When it became aware the issues were ongoing, the landlord acted correctly and reinspected in April 2024. It said subsequent delays were due to the resident not communicating and not providing access. However, the resident was sleeping in the lounge and therefore asked the landlord to complete the bedroom repairs first. The landlord did not engage with her request. There is also no evidence the landlord installed insulation at the resident’s property.
23. As a result of these failings, we found maladministration. We have ordered the landlord to take action, apologise to the resident and pay £400 compensation. This is in accordance with our remedies guidance where there was a failure which adversely affected a resident.

24. Our Complaint Handling Code (‘the Code’) sets the timeframes for the landlord to acknowledge a complaint and send a response at stage 1 and stage 2
25. On 18 April 2022 the resident complained to the landlord. The landlord did not acknowledge the resident’s complaint.
26. The landlord sent its stage 1 response on 18 May 2022. This was 11 days after the response time required by the Code.
27. On 21 June 2022 the resident escalated her complaint. The landlord acknowledged the resident’s escalation request on 22 June 2022. This was within the timeframe required by the Code.
28. The landlord said it sent its stage 2 complaint response on 16 September 2022. This was 42 working days after the response time required by the Code. The resident told us she did not receive the stage 2 response. The landlord could not provide a copy of the response and said this could be because it had changed computer systems.
29. The resident contacted us as the issues were unresolved. After we contacted the landlord, on 9 June 2024 it said it would reopen the resident’s complaint at stage 2.
30. The landlord sent its stage 2 response on 4 October 2024. This was 75 working days after it agreed to reopen the complaint.
31. As a result of these failings, we found maladministration in the landlord’s complaint handling. We have ordered the landlord to apologise and pay £200 compensation. This is in accordance with our remedies guidance where there have been failings that adversely affected the resident.

Learning

Knowledge information management (record keeping)

32. The landlord’s customer contact and repair records were incomplete.

Communication

33. The landlord did not respond to the resident’s concerns about the repairs.