Bromford Housing Group Limited (202327803)

REPORT

COMPLAINT 202327803

Bromford Housing Group Limited

30 October 2024

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

The complaint is about the landlord’s handling of the resident’s reports of damp and mould.
The Ombudsman has also investigated the landlord’s complaint handling.

Background

The resident has a joint 5-year assured shorthold tenancy which began on 21 June 2021. The property is a 3-bedroom house which the resident occupies with her partner and her two children. The resident’s children both have significant medical conditions which the landlord is aware of, this includes gorlin syndrome and tuberous sclerosis.
In January 2023 the resident reported damp and mould in her property.
The landlord completed damp and mould surveys of the property on 24 February 2023 and 7 September 2023.
On 30 October 2023 the resident complained to the landlord that:
1. she had been suffering with damp and mould in her property since the end of 2022, the repairs for which were due to take place in January 2024
2. she was concerned what might happen if the landlord completed the internal works before it had completed the external ones
3. she wanted to know if the landlord would reimburse her for the cost of redecorating after it completed the damp and mould works
The landlord sent its stage 1 response on 13 November 2023 in which it said:
1. it had raised works following the recommendations made in the report of 7 September 2023
2. it had booked the internal works in for January 2024
3. it had requested receipts and invoices from the resident for purchases made for any damaged items
4. it had provided the resident with a claim form to fill in, which the resident had not returned, although it requested the resident speak to her own content insurance in the first instance
5. it was unable to provide a storage facility for the resident’s belongings but it may be able to help the resident with financial loss if she were to source her own storage facility
6. it would update the resident with progress on actions on a monthly basis
The resident requested the landlord escalate her complaint on 17 November 2023 because she was not happy with the landlord’s response at stage 1. She said that the landlord had booked the internal works for January 2024 but the external works were outstanding. She said the landlord should complete the external works before the internal ones to prevent further damage to the newly repaired walls.
The landlord sent its stage 2 response on 1 March 2024, in which it said:
1. upon receipt of the resident’s reports of damp and mould the landlord had referred her to its condensation, damp and mould (CDM) team
2. its CDM team had completed an assessment in August 2023, which had provided recommendations to alleviate ingress of water into the property
3. the assessment had graded the CDM as a medium priority
4. the landlord had completed a major works referral on 26 October 2023 for the rendering and chimney repairs to be completed as soon as possible
5. the landlord confirmed it had completed the external works and it had changed the extractor fan in the bathroom
6. it confirmed it had referred the internal works to its contractor who would contact the resident to complete the works as soon as it could arrange
7. it had submitted a major works referral to try and bring forward replacement of all the resident’s windows, which would include replacing the bathroom window
8. although it had dealt with the resident’s complaint at stage 1 in line with its complaint policy, it accepted it could have achieved more for the resident at stage 1 by undertaking more appropriate action and investigations to fully resolve the complaint and provide a suitable resolution for the resident
9. it accepted significant complaint handling failures at stage 2 which it accepted was not consistent with the Ombudsman’s Complaint Handling Code for which it offered a sincere apology
10. it offered compensation of £1800, broken down as follows:
  1. distress and inconvenience and time taken to achieve the necessary repairs since August 2023 – 8 months @ £75 – £600
  2. recompense for decoration to resident’s home – £500
  3. recompense for bedding and other household items – £500
  4. complaint handling failures at stage 2 – 4 months @ £50 – £200
In communication with this service the resident confirmed the landlord had completed the internal repairs in September 2024. While she was happy with the compensation offered for recompense for redecoration and household items damaged by the damp and mould, the resident felt the compensation for the delay in the landlord completing the damp and mould works did not reflect the full length of the delay and the distress and inconvenience caused to her and her family. She also said that she was not sure the contractor had carried out the works to the correct walls in the bedrooms and she was concerned the damp may return.

Scope of the investigation

In the interest of fairness, the Ombudsman has limited the scope of this investigation to the issues raised during the resident’s complaint dated 27 October 2023, which completed the landlord’s internal complaints procedure on 1 March 2024. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions before the involvement of this service. The Ombudsman has referenced events that pre and post-date this period for contextual reasons.
The Ombudsman is aware that the resident has raised concerns with her landlord about the time taken to replace the windows in her property. Because the resident’s concerns relate to the time taken to replace all the windows, this was not part of the resident’s original complaint and therefore does not form part of this investigation. If the resident is still dissatisfied with the landlord’s actions regarding the window replacement, she can address this directly with the landlord.
The resident said the issues in her property have had a significant impact on her mental well-being. When there is an injury or a pre-existing medical condition has been exacerbated, the courts often have the benefit of independent medical evidence. This will often set out the cause of the injury and the prognosis. That evidence can be examined and cross-examined during a trial.
In this case, while the Ombudsman has no reason to disbelieve the resident, it would be difficult for us to arrive at firm conclusions on the cause of the resident’s health conditions, based on a review of the documentary evidence available in this case. These matters are likely better suited to consideration by a court as personal injury claim or to legal liability insurers. However, we have considered the distress and inconvenience caused by the condition of the property.

The landlord’s handling of the resident’s reports of damp and mould

The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. A landlord is obliged, in accordance with the Landlord and Tenant Act 1985 to ensure that a property is fit for human habitation and free from category 1 hazards, which includes damp and mould. Landlords should be aware of their obligations under HHSRS. Landlords are also expected to conduct additional monitoring of a property where potential hazards are found.
The landlord’s repair records show that it logged the resident’s report of damp and mould on 16 January 2023. The landlord inspected the property on 24 February 2023 when it found:
1. evidence of moisture penetration at various heights up internal walls, resulting in damp and mould growth
2. cracking and fissures were evident on external render, particularly to the side and rear elevation
The landlord made the following recommendations in the report to combat the damp and mould in the property:
1. a major works referral to be made for External Wall Insulation (EWI)
2. a major works referral to be made for window replacement
There is no timeframe set out in the landlord’s repair policy to say when it will complete an inspection. However, the Ombudsman would expect landlords to complete inspections within a reasonable timeframe. The law does not specifically define what is considered a reasonable time, but this should depend on how serious or urgent the problem is and how vulnerable the people living in the property are. In this case, the landlord was aware that there were children under 10 years old in the property, both of whom had significant medical conditions, and the damp and mould was in the children’s bedrooms. The landlord’s inspection took place 30 working days after it logged the damp and mould. This was, in the Ombudsman’s opinion, an unreasonable delay and a failure by the landlord.
In May 2023 the landlord completed a gap analysis against the recommendations made by the Ombudsman in its Spotlight on Damp and Mould – its not a lifestyle, from October 2021 and the follow up report from February 2023. The analysis document referred to the landlord introducing a new Condensation Damp and Mould team (CDM) to deal with its cases of damp and mould. The landlord has not provided the Ombudsman with a copy of its CDM policy or service level agreements with its contractors, which set out timeframes for triage, inspections and when work should be completed.
While the Ombudsman recognises that the implementation of the CDM team was a positive step by the landlord, it was important that the landlord continue to complete works on existing cases during the intervening period and in line with its repairing obligations.
Between February 2023 and September 2023 it appears that the landlord did not provide the resident with any interim advice or guidance about damp and mould. Once the landlord was on notice that there was damp and mould affecting the property, and the resident had raised concerns about the impact on her children, it should have decided whether it should complete a health and safety assessment, in line with HHSRS guidance. It should have also considered whether it should provide dehumidifiers to address the moisture and humidity levels in the property and whether it needed to complete an urgent mould wash. The landlord did not do this which was a failure. The resident had been so concerned about the damp and mould in her property that she had bought her own dehumidifier in December 2022.
There is also no evidence that the landlord kept in regular communication with the resident to monitor the level of damp and mould in the property. This was not appropriate and another failure by the landlord.
The landlord conducted another damp and mould survey of the property on 7 September 2023. The Ombudsman will not relay the entirety of the report, however the report confirmed there were high moisture readings on the internal walls in all rooms on the side elevation. The plaster on the wall was soft and blown in the bathroom and living room. The report also outlined the following findings for the exterior of the property:
1. there were some cracks in the render on the side facing elevation of the property where water was likely penetrating
2. it was likely that a combination of the external render and paint were potentially trapping moisture, preventing evaporation from the brickwork
3. some vegetation and other plant growth could be seen growing up against the property – this could trap moisture and would prevent masonry from drying out
The recommendations made in the survey were as follows:

External

hack off the render to the side elevation and replace with a breathable render – masonry paint could help to reduce the moisture levels seen internally on the side facing wall
due to all externally facing walls within the property showing negative temperature differentials and condensation risks, installing EWI should be considered for the property
clear the vegetation so it is not growing up against the property

Internal

all external walls to be cleaned using an approved mould cleaning agent, followed by the application of a barrier product and allowed to dry before redecorating
where the plaster was soft or blown, this should be removed, allowed to dry and replastered and allowed to dry before redecorating
a humidistat extractor fan to be fitted in bathroom
the bathroom window to be replaced with a window with a trickle vent

With regards to replacement of the bathroom window, the landlord had assessed all the resident’s windows for replacement in February 2023. In its stage 2 complaint response the landlord said it had submitted a major works referral to try and bring replacement of the resident’s windows forward. The Ombudsman is of the opinion that the landlord’s decision to wait until the planned window replacement to replace the bathroom window was reasonable in the circumstances. This is because the window had not failed but needed upgrading to aid air flow and prevent condensation in the room.
The resident contacted the landlord on 7 October 2023 to chase it for an update following the survey. She explained that she was noticing mould growth on her children’s bedding, furniture and family clothes. It is the Ombudsman’s opinion that the landlord ought to have considered an urgent mould wash or the use of dehumidifiers again at this point to reduce the moisture levels in the property. There is no evidence that it did so which was a failure by the landlord.
On 26 October 2023 the landlord submitted a major works referral for the external works and raised the following repairs:
1. bathroom – replace extractor fan to a humidistat extractor
2. external – remove vegetation from around property – cap chimney – repair external crack to rendering
3. front bedrooms – complete mould wash to external walls
4. living room and bathroom – remove plaster – treat and replaster
5. bedrooms x 3, hall, stairs – internal plastering
6. bedrooms x 3 – redecoration
The landlord’s repair policy states that the landlord will attend as dictated by individual merit, priority and programming for repairs that can be delivered more effectively through a planned or cyclical programme. Such repairs will be actioned as major works referrals and the timescale dictated by the nature of the work and investment plan. It was appropriate therefore that the landlord submit a major works referral for the external works in this case. However, the Ombudsman would have expected the landlord to provide the resident with an estimate of when it would aim to complete the works. The landlord did not do this, which was a failure.
The landlord included works to cap the chimney. It is unclear from the records when the landlord identified this issue because it was not identified in the survey of the 7 September 2023. However, it was appropriate that the landlord added any additional works it thought necessary to prevent any water ingress into the property which might have contributed to the damp and mould.
In its stage 1 complaint response the landlord set out the required internal works with dates for completion, which were mainly in January 2024. It did not provide dates when it would complete the external works. The resident raised this with the landlord on 11 December 2023 and explained her concerns that should the landlord complete the internal works first the damage may reoccur because it had not repaired the leak.
On 14 December 2023 the landlord attended the resident’s property with its contractor. The resident said the landlord agreed that it was appropriate that it delay the internal works until it had completed the external works. It told the resident it would erect scaffolding the second week of January 2024 and start the external works thereafter.
On 14 January 2024 the resident emailed the landlord to advise that the scaffolding had not been erected as promised and that no one had attended to remove the vegetation from the side of the property, which had been scheduled for 8 January 2024. The resident also informed the landlord she had not received any contact from the contractor and had not received any dates of when it intended to complete the internal works. She outlined to the landlord how disappointed she was with the service from her landlord and also the impact the damp and mould was having on hers and her family’s health and wellbeing.
On 16 January 2024 the landlord informed the resident that it would complete the external works on 24 February 2024. The resident contacted the landlord on 18 and 19 January 2024 for an update on when it would complete the internal works. The landlord informed the resident on 21 January 2024 that it was attending a meeting with its contractors the following day and it would provide an update to the resident following this. There is no evidence to show that the landlord updated the resident, which was a failure.
The records show that the landlord erected the scaffolding during the last week of January 2024. The landlord conducted a further inspection to assess the level of repairs needed to the rendering and also to inspect the chimney, as another point of water ingress. Following inspection the landlord found that the chimney stack was unvented and did not have a hood on it. The landlord said this created a significant penetrating damp issue on the gable end of the property, affecting the chimney breast and rooms in that vicinity, living room, gable end and bedrooms 2 and 3. The landlord raised the following works:

External

hood to be installed on chimney stack
install 3 core vents into chimney stack and breast to provide ventilation
clear down of chimney stack/moss removal
rake out minor cracks to render round the property and make good
further evaluation of external wall insulation based on EPC

Internal

living room – hack off contaminated plaster and replaster, to include chimney breast, gable end elevation, internal front facing elevation
bedroom 1 – full plaster hack off and renewal, including ceilings and full decoration
bedroom 2 – hack off and renewal of plaster on gable end wall and decoration
bedroom 3 – hack off and renewal of plaster on gable end wall and decoration
hallway/stairs and landing – hack off and renewal of plaster, including ceilings and decoration
kitchen – rewire of humidistat extraction fan

The landlord said it had completed the external works by 22 February 2024 and it had requested its contractor quote for the internal works. The landlord also said it had made the decision that the property would receive EWI to improve thermal values, this was appropriate and evidence of the landlord’s attempts to improve the property for the resident.
On 1 March 2024 the resident contacted the landlord to request an update. She said the contractor had taken the scaffolding down but she had not received any update from the landlord to confirm what works it had completed. She again asked for confirmation as to when the landlord intended to complete the internal works. The landlord responded on the same date to confirm that it had completed the external works and it had repaired the leak source. It confirmed it had sent the internal works to its contractor and it was waiting for a quote. The landlord told the resident that the contractor would contact her to arrange appointments for it to complete the works. The landlord confirmed this in its stage 2 response of the same date.
It is the Ombudsman’s opinion that although the landlord chose to contract out the internal works to a third party, it remained the landlord’s responsibility to ensure that the third party conducted those works promptly and consistent with the landlord’s repairing obligations. There is no evidence to show why it took the contractor from February 2024 until September 2024 to complete the internal works. It is also the landlord’s responsibility to keep the resident updated throughout on what work it will carry out and when. The resident has informed this service that communication with the landlord was a problem throughout her complaint and she had to repeatedly chase the landlord for updates and responses to her concerns about the damp and mould. The lack of clarity and lack of information, particularly during the periods of delay, would have likely made the resident feel frustrated and that her concerns were not being listened to. Landlords need to ensure they identify complex cases at an early stage and have a strategy for keeping residents informed throughout. The landlord did not do this in this case, which was not appropriate.
The resident said the landlord completed the internal works in September 2024 which was 20 months after she had first reported damp and mould in her property. This was not appropriate and a failure by the landlord.
The resident also said she was unsure whether the contractor had carried out the work correctly because it had not worked on the gable end wall in all bedrooms, which had been the main area of concern. The resident has also noted that the bedroom walls in one of the front bedrooms still feels damp. The Ombudsman has therefore made an order that the landlord conduct a post work inspection and provide the resident with a detailed update on what work it has completed and whether any additional work is required.
Taking everything into account there was maladministration by the landlord in this case in that:
1. there were unreasonable delays in the landlord attending the property to investigate the resident’s reports of damp and mould
2. there were unreasonable delays in the landlord identifying the cause of the damp and mould
3. there were unreasonable delays in the landlord carrying out both the external and internal works
4. it failed to keep in regular communication with the resident
5. it failed to consider carrying out a health and safety assessment
6. it failed to consider whether it needed to complete an urgent mould wash
7. it failed to consider whether the resident needed dehumidifiers to address the moisture and humidity levels in the property
The landlord offered £600 compensation for the distress and inconvenience caused. This does not, in the Ombudsman’s view, recognise the impact to the resident. As set out, the matter is likely to have been highly stressful and caused significant impact to the resident and her family. The damp and mould remained unresolved from at least January 2023 to at least September 2024. The resident’s enjoyment of her home was also likely affected. Based on the period this remained outstanding and the likely impact, and in accordance with the Ombudsman’s Remedies Guidance, a fairer level of compensation would be £1500 to recognise the level of distress and inconvenience caused.

The landlord’s handling of the resident’s complaint

The landlord operates a 2-stage complaint process. At stage 1, the landlord will acknowledge the complaint within 5 working days of being made and will provide its response within 10 working days of being acknowledged. At stage 2, the landlord will acknowledge escalation of the complaint within 5 working days and provide its response within 20 working days of being escalated.
The resident first complained to the landlord on 27 October 2023. The landlord sent its stage 1 response on 13 November 2023. This was appropriate because it was consistent with the landlord’s policy and the Complaint Handling Code (2022) (the Code).
On 17 November 2023 the resident contacted the landlord to inform it that she remained dissatisfied with its response and requested her complaint be escalated to stage 2. The landlord emailed the resident on 24 November 2023 in which it confirmed it had received her request and informed the resident that it would like an opportunity to resolve the matter at stage 1. It said it would obtain an update on the repairs and update the resident on 29 November 2023.
Paragraph 4.14 of the Code states that a landlord must not unreasonably refuse to escalate a complaint through all stages of its complaint procedure. It must have clear valid reasons for taking that course of action, which should be set out in the landlord’s complaint policy. The landlord’s policy says that it will review its earlier response to ensure there were no unresolved issues that cannot be resolved straight away.
In this case, the outstanding issues were both the internal and external repairs which the landlord could not resolve straight away. Therefore, it ought to have accepted the resident’s request to escalate her complaint on this date. The landlord’s decision not to accept the resident’s request resulted in a delay in the resident progressing her complaint through the landlord’s complaint process, which was not appropriate.
On 11 December 2023 the resident informed the landlord that she had requested to escalate her complaint in November 2023 but the landlord had not accepted it. The landlord acknowledged the escalation on this date and informed the resident it would provide its stage 2 response by 11 January 2024.
The resident chased the landlord on 14, 18 and 23 January 2024 because she had not received her stage 2 response. When the landlord did not respond the resident contacted this service to request assistance. The Ombudsman wrote to the landlord on 9 and 22 February 2024, ordering it to provide the resident with its stage 2 response. The landlord informed the Ombudsman that it had spoken to the resident and agreed an extension of 10 working days. The landlord sent it stage 2 response on 1 March 2024. This was almost 4 months after the resident’s request to escalate her complaint.
In conclusion, there was maladministration by the landlord in its handling of the resident’s complaint in that it:
1. unreasonably delayed in accepting the resident’s request to escalate her complaint to stage 2
2. unreasonably delayed in providing the resident with a stage 2 response
The Ombudsman’s remedies guidance, which is available online, provides awards of compensation between £100 and £600 when there is evidence of maladministration by the landlord which adversely affected the resident. In this case, the delay in responding to the resident’s complaint would have delayed the resident in progressing the complaint through the landlord’s process. It would have also made her feel frustrated and that she was not being taken seriously and would have prevented her from exhausting the landlord’s internal complaints procedure so that she could bring the matter to the Ombudsman for an independent investigation. The landlord’s actions were not appropriate as it was not consistent with the landlord’s policy and the Code.
However, the landlord has acknowledged its failure in its complaint handling and offered a sincere apology to the resident. The landlord’s offer of £200 is typical of the amount awarded by the Ombudsman for the failings found. Therefore, it is the Ombudsman’s opinion that the landlord has taken reasonable steps to put things right and accordingly, the landlord has made an offer of reasonable redress to the resident which resolves the complaint.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould in the property.
In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in its handling of the resident’s complaint.

Orders and recommendations

The landlord must, within 28 days of the date of this determination:
1. pay the resident £900 compensation in addition to that offered via the complaint procedure (£1800) (£2700 in total). The additional compensation is for the distress and inconvenience caused by the landlord in its handling of the resident’s reports of damp and mould in the property

the landlord must pay the compensation directly to the resident

carry out a post works inspection of the property to ensure that all work has been completed as instructed
provide the resident and this service with a copy of its report, to include timeframes on when it will complete any works or recommendations identified in the report
provide the Ombudsman with evidence of how it has complied with the above orders