Aster Group Limited (202228755)

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REPORT

COMPLAINT 202228755

Aster Group Limited

27 October 2023

 

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration,’ for example, whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint 

  1. The complaint is about the landlord’s handling of:
    1. A leak from the roof and guttering resulting in damp and mould at the resident’s property and repairs to the cavity wall insulation, windows, kitchen extractor fan and kitchen replacement.
    2. Associated complaint

Background

  1. The resident is an assured tenant of the landlord. The resident has stated that he has restricted mobility and a mental health condition.
  2. On 8 November 2022, the resident submitted a complaint to the landlord. He explained that he had experienced issues with damp and mould at the property since he moved in over 3 years ago. The resident stated that he had to dispose of the furniture and spend money on redecorating due to the damp and mould. He also explained that the landlord agreed to carry out a range of works including removing the chimney, replacing the cavity wall insulation, and sealing external works. However, he stated that the works were still outstanding.
  3. The landlord provided its stage 1 complaint response to the resident on 14 December 2022. It explained that it would be carrying out a range of work to resolve the repair issues. The works included cavity wall insulation, installing an extractor fan in the kitchen and a loft mounted pressure fan. It also stated it would carry out repairs to the front elevation of the roof. The landlord acknowledged that there was poor communication and recognised the length of time the resident had been living in damp and mould conditions. It offered the resident £100 compensation for the distress and inconvenience due to the damp and mould and £50 for the poor communication. The landlord also offered the resident 2 x £50 decoration vouchers and offered £75 compensation for failing to provide its stage 1 complaint response on time.
  4. On 4 January 2023, the resident contacted the landlord and requested his complaint to be escalated to the next stage of the landlord’s complaints process. The resident raised some additional complaint points and stated that the landlord’s contractor only replaced two trickle vents on the windows and there were still multiple trickle vents that required replacement. The resident also explained that he was told to paint over the damp patches with paint and instead, he redecorated the room. However, the damp patches returned. He also explained that he purchased an extractor fan for the kitchen and the landlord agreed to install it but did not carry out the installation. The resident stated he was prepared to wait for the extractor fan to be installed when his new kitchen is installed which was agreed by the landlord.
  5. The landlord provided its stage 2 complaint response to the resident on 2 March 2023. It explained that it would be carrying out a range of works including cavity wall insulation, roof works including repairing the guttering, replacing the outstanding trickle vents on the windows and works to resolve the damp and mould. The landlord also explained that it would be replacing the resident’s kitchen during the financial year of 2023/2024. It also reoffered the compensation amount which was offered in its stage 1 response and offered the resident an additional £100 compensation for its delay in providing its stage 2 complaint response.
  6. The resident remained dissatisfied with the landlord’s response and submitted his complaint to the Ombudsman. He stated his desired outcome was for all of the outstanding repair works to be completed and to receive an increased offer of compensation.
  7. The resident and the landlord have both confirmed that all agreed works referenced in the landlord’s stage 1 and 2 complaint response remain outstanding. The landlord informed the Ombudsman on 12 October 2023 that it carried out an additional survey of the resident’s property on 9 October 2023 and it identified that further works would be required to be completed on the loft insulation and guttering. The landlord also stated that it may need to decant (temporarily move) the resident and his partner whilst the works are carried out.

Assessment and findings

Scope of investigation

  1. The resident raised concerns that damp and mould had been an issue at the property since he moved in around August 2019. The Ombudsman does not doubt the resident’s comments about the length of time the issue has been ongoing for. However, there is no evidence of a formal complaint being raised until November 2022. In view of the time periods involved in this case and considering the availability and reliability of evidence, this report will not consider any specific events more than 6 months prior to when the resident submitted his complaint in November 2022. This is because paragraph 42(c) of the Housing Ombudsman Scheme (available on our website), explains that this service cannot investigate complaints that were not brought to the attention of the landlord as a formal complaint within a reasonable period, normally within 6 months of the matters arising.
  2. The resident has mentioned as part of the complaint that the mould at the property has impacted his health and his partner’s health. The resident has stated that his partner has developed circulation issues and breathing problems. This service does not doubt the resident’s comments about his and his partner’s injuries. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident and his partner’s health. It would be more appropriately suited for a court or liability insurer to investigate a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant risk to health. This service can consider the general risk as well as any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about his and his partner’s injuries.
  3. The resident stated as part of his complaint that he had to dispose of furniture and belongings because they were damaged due to the damp and mould at the property. It is outside the Ombudsman’s role to assess this aspect of the complaint because in this case the damage to the resident’s items should be considered as part of an insurance claim under the landlord’s liability insurance. It is outside of the Ombudsman’s role to investigate liability insurance claims. The landlord’s insurer is a separate organisation from the landlord and the Ombudsman cannot look at the actions of insurers, only at the actions of the landlord.
  4. Policies and procedures
  1. The landlord’s repairs and maintenance procedure states that the landlord is responsible for repairing the roof and resolving damp. The policy also explains that the landlord would consider a roof leak as an emergency repair and would normally respond to this within 24 hours. The landlord’s other timescales for responding to repairs are 5 working days for urgent repairs and 20 working days for routine repairs.
  2. The landlord’s condensation and mould policy states that all initial reports of condensation, damp and mould should receive a level one inspection. It then states if the issue continues, a further investigation by the initial surveyor should be completed and then possibly be escalated to a level two inspection. The policy explains that a level one inspection involves a property survey to identify any defects or repairs required to the fabric of the building. The survey is also to confirm whether faults within the property have contributed to the mould. A level two inspection includes an in-depth survey and investigation, such as a cavity wall insulation check, damp monitors, and moisture tests.

The landlord’s handling of a leak from the roof and guttering resulting in damp and mould at the resident’s property and its repairs to the cavity wall insulation, windows, kitchen extractor fan and kitchen replacement.

  1. The resident initially submitted a complaint to the landlord about a leak from the roof, and damp and mould at the property in November 2022. However, the Ombudsman has noted from the landlord’s repairs log for contextual reasons that there has been damp and mould issues at the resident’s property since 2019. The Ombudsman recognises that the landlord carried out a surveyor inspection shortly after the resident reported the damp coming from the roof and loft. It is also acknowledged that the landlord carried out previous works in 2019 and 2020 which included replacing the roof, removing the chimney, upgrading the radiators, and installing an extractor fan in the bathroom to help resolve the leak, damp, and mould. However, the resident reported in June 2022 that there was still damp and mould present in the property.
  2. The landlord’s surveyor identified further works to resolve the damp and mould issue at the property. The landlord stated in its stage 1 and 2 response that it would carry out works to repair the roof and guttering, replace the cavity wall insulation and trickle vents in the windows, install an extractor fan in the kitchen, and carry out works to resolve the internal areas affected by the damp and mould. In addition, as part of separate agreed works, the landlord confirmed that it would replace the resident’s kitchen during the financial year of 2023/2024.
  3. The Ombudsman recognises that the landlord followed its mould and condensation policy, as it arranged a surveyor inspection of the resident’s property within a reasonable period after he reported damp and mould again in June 2022. However, it is evident that there were delays in the landlord completing the agreed works.
  4. The resident informed the Ombudsman in September 2023 that all the works referenced in the landlord’ stage 2 complaint response are still outstanding. The landlord has also confirmed that the works are still outstanding. The landlord confirmed in correspondence sent to the Ombudsman on 12 October 2023, that its surveyor carried out an additional survey of the resident’s property on 9 October 2023. The survey identified that further works were identified to resolve the repair issues at the resident’s property. As additional works have been identified and because the resident and his partner may need to be decanted for the works to be completed. It would be reasonable for the landlord to draw up a schedule of required works with timescales so the resident and his partner know what to expect and can hold the landlord to account if timescales are not met.
  5. The landlord also explained its stage 2 response that it would be replacing the resident’s kitchen during the financial year of 2023/2024. The Ombudsman recognises there is still around five months left of the financial year. However, the Ombudsman would expect the landlord to comply with the agreed timescale and replace the kitchen this financial year. It is acknowledged that the landlord may need to complete the works to resolve the damp and mould prior to replacing the kitchen. It is also recognised that it may be appropriate to install the extractor fan in the kitchen when the new kitchen is installed. However, the Ombudsman believes it would be reasonable for the landlord to discuss this with the resident and agree timescales for the kitchen to be replaced.
  6. The delay in resolving the damp and mould issue, would have caused significant distress and inconvenience to the resident. The Ombudsman recognises that it must be very difficult for the resident and his partner living in a property with damp and mouldy conditions for such a long period of time.
  7. The resident stated as part of his complaint that some of his belongings and furniture were damaged due to the damp and mould in the property. The landlord failed to signpost and provide the resident with information in its complaint responses on how to make a claim for his damaged personal belongings. The Ombudsman would have expected the landlord to provide the resident with details of how the resident could pursue a claim, for his damaged belongings with its liability insurer if it has one. The landlord should provide the resident with its public liability insurer details, so he has the option to make a claim if he wishes to pursue this issue further. If the landlord does not have liability insurance, it should consider a claim internally instead. As explained above, matters of insurance are outside the remit of the ombudsman and therefore we cannot comment on the outcome or handling of the resident’s claims to the landlord’s insurer.
  8. The resident has stated that he had to purchase a dehumidifier, air monitor and washing machine with steamer to help deal with the damp and mould. He also stated his electricity bills have increased due to the constant running of the dehumidifier. The Ombudsman would not expect the landlord to reimburse the washing machine or air monitor because these items’ primary purpose is not to reduce damp and mould, it is to wash clothes and monitor air quality respectively. However, the Ombudsman believes it is reasonable for the landlord to reimburse the resident for the dehumidifier he purchased as a dehumidifier is an effective tool to help manage damp and mould. In addition, it is recommended that the landlord reviews the resident’s electricity bills for the period he has used the dehumidifier and pay the resident compensation for any increased electricity usage he experienced due to using the dehumidifier.
  9. The landlord has acknowledged during its own internal complaints process that there have been delays in completing the outstanding repairs and proposed works to resolve the damp and mould issue. The landlord apologised to the resident in its stage 1 and 2 complaint responses for the delays in completing the works and its poor communication. The landlord initially offered the resident £150 compensation in its stage 1 complaint response to recognise the delay in resolving the damp and mould and its poor communication. In addition, the landlord also offered the resident 2 x £50 decoration vouchers. The landlord reoffered the same compensation amount in its stage 2 response for its delay in completing the repairs.
  10. On 13 October 2023, the landlord wrote to the resident and offered additional compensation of £900 to recognise the further delays and the impact it has caused the resident.
  11. The Ombudsman acknowledges that the landlord not completing the agreed works to resolve the damp and mould issue was unreasonable and would have caused the resident significant distress. However, in the Ombudsman’s opinion, the additional compensation of £900 offered by the landlord is reasonable and proportionately recognises the significant delay and distress the resident would have experienced. The amount of compensation offered by the landlord is compliant with the Ombudsman’s Remedies Guidance (published on our website), which sets out the Ombudsman’s approach to compensation. The remedies guidance suggests awards of £600 to £1000 where there has been a serious failure by the landlord which had a significant impact on the resident.
  1. The Ombudsman recognises that the landlord identified that there was a failure in its handling of the damp and mould at the resident’s property. However, the increased offer of £900 was only recently offered to the resident on 13 October 2023. It is the Ombudsman’s role to consider the landlord’s handling of complaints through its internal complaints process and in assessing this we consider the reasonableness of any offers made during the complaints process. Where a landlord makes a reasonable offer of compensation after the end of its complaints process, the ombudsman may make a finding of maladministration by the landlord as the offer should have been made during the complaints process. Also, in this case there are still works outstanding to resolve the damp and mould issue. Therefore, there has been maladministration in the landlord’s handling of the damp and mould at the resident’s property. The landlord needs to take further steps to put things right for the resident by completing the outstanding repairs.

The landlord’s handling of the associated complaint

  1. The Ombudsman’s Complaint Handling Code (the code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The code states that a stage 1 response should be provided within 10 working days of the complaint. It also states that a stage 2 response should be provided within 20 working days. The landlord’s complaints policy references the same timescales as the code.
  2. The resident submitted a complaint to the landlord on 8 November 2022 about a leak from the roof resulting in damp and mould at the property and other outstanding repairs. It then took approximately 26 working days for the landlord to provide its stage 1 complaint response, which was issued on 14 December 2022. The response time was late and not compliant with the timescales referenced in the landlord’s complaints policy or the code.
  3. It also took around 2 months for the landlord to provide its stage 2 complaint response. On 4 January 2023, the resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. The landlord provided its stage 2 complaint response to the resident on 26 March 2023. The delay would have caused inconvenience for the resident as he was delayed in progressing the complaint to the Ombudsman because he needed to wait for the landlord’s final response before contacting our service.
  4. However, the landlord did acknowledge and apologise in its stage 1 and 2 responses for its delay in responding to the resident’s complaint. The landlord offered the resident a total of £175 compensation to recognise its complaint handling errors.
  5. The compensation offered to the resident is compliant with The Ombudsman’s Remedies guidance referenced above. In the Ombudsman’s opinion, the compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress for this aspect of the complaint.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of a leak from the roof and guttering resulting in damp and mould at the resident’s property, and its repairs to the cavity wall insulation, windows, kitchen extractor fan and kitchen replacement.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the complaint about the landlord’s handling of the associated complaint.

Orders

  1. The landlord is to draw up a schedule of the required works to resolve the damp and mould issues. The schedule is to include timescales of when the works will be completed. The timescales should be in line with the landlord’s repairs policy. A copy of the schedule should be sent to the resident and to this Service.
  2. If it has not already done so, the landlord to pay the resident £900 compensation it has offered in correspondence dated 13 October 2023 sent to the resident, for its handling of a leak from the roof and guttering resulting in damp and mould at the resident’s property, and repairs to the cavity wall insulation, windows, kitchen extractor fan and kitchen replacement. This compensation amount is in addition to the compensation the landlord already offered in its stage 1 and 2 complaint responses.
  3. The landlord to reimburse the resident £240 for the dehumidifier, which was purchased to help manage the damp and mould. The resident should provide the landlord with a copy of the receipt for the dehumidifier.
  4. The landlord to provide the resident with its public liability insurance details (if it has such insurance).
  5. The landlord should provide evidence of compliance with the above orders within four weeks of the date of this report.
  6. The landlord to contact the resident and clarify with him if he would like the kitchen extractor fan installed in the next six weeks or when the new kitchen is fitted.
  7. The landlord should provide evidence of compliance with the above order within six weeks of the date of this report.

Recommendations

  1. It is recommended that the landlord pay the resident its original offer made in its stage 1 and 2 responses of £425 in compensation which included 2 x£50 decoration vouchers if it has not already done so.
  2. It is recommended that the landlord installs the resident’s new kitchen in line with its agreed timescale of the financial year of 2023/2024.
  3. The landlord is ordered to reimburse the resident for his increased electricity usage between December 2022 until present upon receiving a copy of the resident’s electric bills. The resident should provide the landlord with a copy of his electric bills covering the period of December 2022 until present (if the resident is still using the dehumidifier) and for the same period for the previous year before the resident started using the dehumidifier which would be June to December 2021 to November 2022. This will enable the landlord to identify any increased usage during the period when the repairs were ongoing.