Believe Housing Limited (202426844)

Background

1. The resident lived in a 1-bedroom semi-detached bungalow owned by the landlord, under an assured tenancy that began in October 2023. She reported cold and damp conditions in the property almost from the start of the tenancy. Despite the landlord carrying out investigations — including a property condition report in November 2023 which found no issues — she continued to report her concerns. The resident eventually moved out (date unknown), stating that the landlord failed to resolve the issues. She has asked us to investigate, as she is dissatisfied the landlord did not resolve the cold and damp at the property.

What the complaint is about

2. The complaint is about:
   1. The landlord’s response to reports about cold and damp at the property.
   2. How the landlord responded to the complaint.

Our decision (determination)

3. We have found that:
   1. There was no maladministration in the landlord’s response to reports that the property was cold and damp.
   2. There was no maladministration with the landlord’s response to the complaint.

We have not made orders for the landlord to put things right.

Summary of reasons

Reports of cold and damp at the property

4. The landlord showed a proactive approach in addressing the resident’s concerns about the property being cold and damp. It carried out several inspections and checks — both before the tenancy began and in response to the resident’s concerns during the tenancy. Even after the formal complaint process had concluded, the landlord continued its investigations into the issues raised.

The complaint handling

5. The landlord responded to the issues raised through its complaints process and did so within appropriate 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.

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.

6. The landlord is obliged, in accordance with Section 11 of the Landlord and Tenant Act 1985, and the Homes (Fitness for Human Habitation) Act 2018, to ensure that a property is fit for human habitation and free from hazards at the start and throughout the tenancy.
7. The landlord’s ‘void lettable standard’ states that properties will be clean, safe, and secure. Part of its checks are to check the depth of loft insulation and top this up as needed and issue an energy performance certificate (EPC). We have seen evidence that the landlord conducted a pre-void inspection of the property in September 2023 showing photographic evidence of damp checks using a ‘protometer’ and no issues of concern were noted in the loft space. While we have not seen the EPC documentation, it recorded a current EPC for the property in 2023. We are therefore satisfied the landlord’s action were appropriate.
8. Once the landlord was aware of the resident’s concerns it conducted a property condition inspection within a reasonable timeframe of around 1 month. However, the landlord was unable to find any issues at the property. The landlord acted appropriately and within a reasonable timeframe in its attempts to resolve the issues. However, it is unclear if it communicated its findings to the resident.
9. In April 2024, the resident raised concerns about the heating system with her local councillor. In response, the landlord inspected the system and confirmed it was working correctly. When the resident escalated the issue to a formal complaint at the end of July 2024, the landlord issued its stage 1 response in mid-August, stating that no remedial action was required. It identified the resident had disconnected the bathroom fan and gave her appropriate advice about its use. The landlord responded appropriately detailing the results of its inspections and identified the need for ventilation. It then confirmed its position that no further action was required. We are therefore satisfied with the landlord’s actions.
10. After the resident escalated the complaint further, the landlord provided its stage 2 response at the end of August 2024. It confirmed that all necessary checks on the heating system had been completed, and no faults were found. Additionally, the landlord reviewed the property’s Energy Performance Certificate (EPC), replaced a thermostat, and arranged a heat loss assessment — none of which identified any issues. These actions demonstrate that the landlord took a proactive and thorough approach to addressing the resident’s concerns.
11. The landlord continued its investigations beyond the formal complaints process by taking further proactive steps. These included additional inspections of the heating system, applying a leak sealer, and installing a remote monitoring system to assess the indoor environment. In April 2025, data from the monitoring system indicated heat loss. The landlord responded by checking the heating system and loft insulation but was unable to identify the source of the issue. As a result, it recommended a structural investigation. However, it is unclear whether this investigation took place or if the resident had already moved out by then.
12. In conclusion, the landlord demonstrated a proactive approach in responding to the resident’s reports of cold and damp conditions. We recognise that such issues can be complex and may require a process of elimination to identify the root cause. Despite carrying out multiple inspections and checks, the landlord was unable to find any faults with the property.
13. Following the conclusion of its internal complaints process, the landlord continued to take further steps to address the resident’s concerns. This included carrying out a heat loss assessment, installing remote monitoring equipment, and considering a structural investigation. These actions demonstrate that the landlord remained engaged and proactive in trying to resolve the reported issues. As a result, we are satisfied with the landlord’s overall handling of the matter and have found no maladministration in its response to the resident’s reports of cold and damp conditions.

14. The resident raised a complaint at the end of July 2024 (date unknown). The landlord responded on 12 August 2024; around 9 working days later suggesting compliance with our 10-working day timeframe as outlined within the Code.
15. The resident escalated her complaint on 28 August 2024. The landlord responded at stage 2 of its procedure on 25 September 2024; 20 working days later and in compliance with our Code.
16. The landlord therefore acted appropriately in compliance with our Code.

Learning

17. The landlord’s proactive and robust approach in its response to reports of a cold and damp property should be commended. Its attempts to resolve the issues reached wider than surveys, checks, and repairs. It continued its attempts to resolve the issues after the complaint process had ended. Strong knowledge and information management is an essential component of any member landlord’s overall service delivery. The landlord’s record keeping on this case provided a clear audit of its actions. This meant that our investigation was able to see clearly what had been done at each stage and why.