Abri Group Limited (202504040)

Background

1. The resident lived in a 2 bedroom flat with her daughter. The resident requested the landlord move her to a different property as she believed the mould was affecting her daughter’s health.

What the complaint is about

2. The landlord’s response to the resident’s reports of damp and mould.
3. The Ombudsman has considered the landlord’s complaint handling.

Our decision (determination)

4. We have found there was service failure in the landlord’s:
   1. Response to the resident’s reports of damp and mould.
   2. Complaint handling.

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

Summary of reasons

5. The landlord in its complaint review acknowledged it had not followed its damp and mould procedure. However, it failed to recognise the impact of its delay in installing the bathroom extractor fan which it had assessed as necessary to address the mould in the property.
6. The landlord delayed in responding to the Stage 2 complaint in line with its complaint handling timescales.

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.

7. Section 11 of the Landlord and Tenant Act (1985) places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. The landlord also has a responsibility under the Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
8. The landlord responded to the resident’s reports of mould in the property by carrying out a mould wash to the property on 21 January 2025. The survey that it carried out at the same time identified the property had condensation and the absence of adequate ventilation to the bathroom. It was reasonable for the survey to recommend the installation of an extractor fan to reduce the moisture in the bathroom and improve the ventilation to the property.
9. The landlord acknowledged in its complaint review it had not correctly followed its damp and mould policy. Had it done so, the assessment by its ventilation contractor would have been carried out sooner. For this the landlord apologised and arranged training for its team to prevent incorrect ventilation surveys being raised. This was reasonable to demonstrate it had learnt from the complaint.
10. The ventilation contractor attended on 21 February 2025 and assessed the condensation in the property could be managed by the installation of a bathroom extractor fan. The reason given for the mould was the number of people occupying the property and clothes drying inside. The resident disputed this and said the landlord’s operatives and the ventilation contractor told her, the cause of the mould was the age of the building. Also, this meant the mould would return. We have not seen any evidence to support the resident’s position. It is reasonable for the landlord to rely on the information and professional advice it receives to resolve defects to the property it manages.
11. There was a delay in the landlord installing the bathroom extractor fan. The invoice from the ventilation contractor was not received until 22 April 2025.The landlord’s records do not give a reason for the 6 week delay. There was a further 2 week delay before the appointment was arranged with the resident to install the fan. This was not in line with its damp and mould policy which states it will prioritise works to remedy mould in its property
12. The ventilation contractor was unable to install the bathroom extractor fan before the tenancy ended in June 2025. This was because when the ventilator contractor attended on 9 May 2025 it found the bathroom extractor fan needed to be wall mounted. Then, it was unable to agree a mutually convenient date with the resident for the works to take place.
13. The resident said the property condition caused her daughter to be unwell and her doctor supported her request to move from the property. While we are an alternative to the courts, we are unable to establish legal liability or whether a landlord’s actions have had a detrimental impact on a resident’s health. We cannot consider the personal injury aspects of the resident’s complaint. These matters are likely better suited to consideration by a court or via a personal injury claim. However, we will consider any inconvenience or distress experienced by the resident.
14. The landlord’s management transfer policy says a move can be agreed in exceptional circumstances. It was reasonable the landlord tried to manage the resident’s expectations when speaking to the resident on 21 January 2025. The landlord explained the likelihood of the resident meeting the criteria for such a move.
15. The landlord also agreed to consider any medical letters received regarding the resident’s daughter health. We have not seen evidence any medical letters were provided for the landlord to review. In its Stage 2 complaint response the landlord signposted the resident to its insurers to make a personal injury claim regarding any health impact to her daughter. This was in line with our guidance to landlords which says landlords should be clear about what it will consider during its complaints procedure and what will be progressed to its liability insurer.
16. The landlord can move its residents temporarily or permanently once it assessed a property is uninhabitable or a resident cannot remain in the property while works take place. After its review of the pictures of the property provided by the resident in April 2025, the landlord agreed a surveyor would inspect the property. This was reasonable as under the tenancy agreement the landlord is responsible for keeping for the property in repair. It is noted the surveyor inspection did not take place as the resident rescheduled the appointment and then ended the tenancy.
17. The landlord in its complaint review offered the resident £150 for its failings in its damp and mould procedure. This was appropriate as it identified the impact to the resident and her daughter. However, the landlord did not identify its delay in arranging for the installation of the bathroom extractor fan. Had it monitored the outcome of the ventilation survey, the installation of the bathroom extractor fan could have happened earlier. Our Remedies Guidance suggests awards between £50 to £100 are payable for failures which are of a short duration. For those reasons an additional award of £100 is made in recognition of this to put things right.
18. In summary, we expect landlords to treat reports of damp and mould as a high priority and be proactive in addressing any issues that arise. In this case, the landlord delayed in progressing the bathroom fan installation which contributed to the time the resident lived with mould in the property. For those reasons, a finding of service failure has been made.

19. The resident complained about the mould in the property on 21 January 2025. The landlord responded to the complaint within its Stage 1 complaint handling timescale of 10 working days, on 30 January 2025.
20. The resident escalated her complaint on 10 March 2025 and the Stage 2 complaint was acknowledged on 17 March 2025. The landlord requested a further 20 working day time extension on 9 April 2024 to provide its Stage 2 complaint response. While the landlord did not speak with the resident before the time extension was requested it was appropriate it did so on 15 April 2025. This may have given some reassurance to the resident it was taking her concerns seriously.
21. The landlord provided its final complaint response on 30 April 2025 taking 31 working days to provide its Stage 2 complaint response. The landlord’s complaint procedure says it will provide its Stage 2 complaint response within 20 working days. The landlord did not meet its published timescale. This was not reasonable.
22. The landlord concluded in its Stage 2 complaints review the complaint was not upheld as it had not identified any failings in its service. The landlord failed to recognise the uncertainty and inconvenience to the resident for not meeting its Stage 2 complaint handling target. Our Remedies Guidance suggests payments for minor failings between £50 to £100. For its failings, a finding of service failure has been made and an additional compensation award of £100 has been made to put things right for the resident.

Learning

Communication and record keeping

23. The landlord kept good inspections records showing the action taken and recommendations made when it attended the residents property. Overall, there was also evidence of regular communication between the resident and the landlord.