Citizen Housing (202211268)

REPORT

COMPLAINT 202211268

Citizen Housing

20 March 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 reports of damp and mould at the resident’s property.

Background

2. The resident is a tenant of the landlord. She has a health condition that affects her respiratory system. The resident lives in the property with a young child.
3. The resident reported issues with damp and mould on her bedroom walls and ceiling on 10 December 2021. The landlord has stated that it attended the property in December 2021, to clean the area and to undertake a mould treatment. The resident reported further issues with damp and mould, this time on her living room walls and ceiling on 7 January 2022. The landlord has again stated that it attended in January 2021, and cleaned the area before applying a mould treatment. It attended on 22 February 2022 to undertake more repairs, where it found that the resident’s walls were very damp. It concluded that an inspection was necessary to ascertain the cause of the issue. The resident followed up with the landlord on 9 March 2022, where she was told that there were further repair appointments booked for 17 and 28 March 2022 to address the mould.
4. The resident submitted a complaint on 9 March 2022. She stated that although further repairs were booked, she had not been contacted about the inspection that would determine the root cause of the damp issue. She explained that the excessive damp and mould was exacerbating her asthma symptoms and causing illness in her young child.
5. In response, the landlord inspected the property on 17 March 2022. It concluded that a further inspection was necessary, as there were several possible causes for the damp. The resident contacted the landlord on 12 May 2022 for an update on her repairs. The landlord explained that it had neglected to raise a follow-on inspection. The resident added to her complaint on 20 May 2022, stating that she would like compensation for her possessions which were damaged by mould. In response to the resident chasing the repairs, the landlord attended on 6 June 2022. It stated that there was evidence of water leaking into the rear bedroom and raised an order to erect scaffolding to inspect the roof and chimney.
6. The landlord responded to the resident’s complaint on 7 July 2022. It stated that it had been proactive in responding to her reports of damp and mould and therefore was not liable to compensate for the mould growth to the resident’s belongings.
7. The roof inspection was subsequently undertaken on 11 July 2022. The landlord concluded that the roof was sound, with no water leaks. The landlord also confirmed that the loft was insulated sufficiently. The resident escalated her complaint on 12 July 2022, as she did not agree with the landlord’s findings. She continued to ask for compensation for the damage sustained to her personal belongings from the mould growth.
8. The landlord undertook further repairs on 18 and 21 July 2022, renewing the plaster in the bedroom, and applying extra insulation. It sent its final response on 3 August 2022, where it reiterated that it had been negligent in its handling of the damp and mould, therefore it was not liable to compensate the resident for her belongings. It explained that the results from the roofing inspection showed that there was no water leak, therefore it concluded that the only cause remaining for such a high condensation build up was down to lifestyle. It stated it would order a survey to assess the ventilation requirements of the property, or the possibility of a heat recovery system to be installed.
9. In her complaint to this Service the resident stated that the mould and condensation is getting worse, which is a risk to health and safety. As an outcome, the resident wants further works done to the property, and to be compensated for her damaged items.

Assessment

10. The landlord operates a flexible repairs policy, where it books routine repair appointments for the first mutually available appointment with the resident. As a general rule, the industry standard for responding to routine repairs is around 28 days. This is not a definitive timescale, but can be used as a guide to assess the landlord’s response in this case.
11. The landlord acted reasonably in its initial response to the resident’s reports of damp and mould in her property. After her reports in December 2021 and January 2022, it attended within the above timescales, and promptly washed and treated the mould. When its operatives concluded that there was a serious problem with the condensation levels in February 2022, it acted appropriately by undertaking an inspection in March 2022. Its inspection identified several aspects that could be causing the damp, and it was decided that an inspection of the roof was necessary.
12. However, the landlord neglected to raise the order to inspect the roof or order any more repairs. Subsequently the resident had to chase the next step of her repairs, which included contacting her local MP in May 2022, to act as an advocate on her behalf. This was inappropriate, as in-line with general good customer service the landlord is expected to manage the resident’s repairs effectively. The landlord has not explained why it neglected to raise follow on works or an inspection for over two months after its visit in March 2022. This is a failing by the landlord and it should pay compensation for this failure as detailed below.
13. Once the landlord began to manage the resident’s repair again in May 2022, it behaved appropriately by investigating the cause of the heightened levels of damp in the home. It inspected the roof, chimney and loft insulation in June 2022, and found that there were no signs of water leaking into the home. It also undertook further repairs to the property to help it retain heat, removing damaged plaster in the bedroom and adding extra insulation.
14. The landlord undertook inspections to ascertain if there was an underlying cause for the excessive damp. It stated that it could not find any reason for the heightened levels of condensation, other than that the property needed to be adequately heated and ventilated. It detailed the steps it had taken to help the resident retain heat in her home, by undertaking several repairs which included adding insulation to the property. It also stated that it would arrange for a survey to assess the ventilation and heating in the home, to ascertain if it could support the resident more in reducing the condensation through lifestyle choices.
15. After the end of the landlord’s complaint procedure, the resident continued to complain of issues with damp and mould. The landlord most recently attended in January 2023 to inspect the works completed, and to ascertain if any further steps could be taken to help the resident. It found that its previous plasterwork was successful and the walls were dry, but that there were high levels of condensation on the windows. In response it has decided to undertake a heating efficiency test, to ensure that the radiators in the property are sufficient. It has also decided to replace the bathroom window and fit an extractor fan. These steps are appropriate to help support the resident in heating her home as efficiently as possible. The steps taken by the landlord to address the damp and mould have not yet resolved the issue, but the landlord has shown that it is making continuous efforts to find the cause and resolve it. Going forward the landlord should monitor the situation and look at whether any other measures can be attempted if the most recent repairs do not resolve the damp and mould.
16. As part of her complaint, the resident asked the landlord for compensation for her personal belongings which were damaged by damp and mould. Landlords would not normally be expected to compensate residents for damaged items. The landlord would only be expected to do so if there was clear evidence that its actions or inaction directly led to the damage. It was appropriate for the landlord to explain that it was not responsible for compensating for the resident’s belongings, as it had been responsive to her repair reports, and had investigated the issue thoroughly. It stated that it could not find a cause for the damp other than through a lack of appropriate heat and ventilation in the property. Subsequently, it did not believe that it was liable to offer compensation to the resident.
17. Although the landlord took reasonable steps to address the damp and mould there was a significant delay between March and May 2022 when the landlord did not take appropriate action to address the damp and mould. This delay may have had a significant impact on the resident in view of her medical condition and her concerns about her child’s health. The landlord should pay the resident £200 compensation in view of this. This amount is in line with the Ombudsman’s Remedies Guidance (published on our website) which sets out the Ombudsman’s approach to compensation. The Remedies Guidance suggests awards in this range for complaints where the landlord has acknowledged failings and made some attempt to put things right but failed to address the detriment to the resident.

Determination (decision)

18. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of reports of damp and mould at the property.

Orders

19. Within four weeks of the date of this report, the landlord is ordered to pay the resident £200 compensation, in recognition of its failure to raise further repairs after its inspection in March 2022.
20. The landlord should continue with the steps it has outlined above to help the resident heat her property effectively. The outstanding repairs should be completed within 28 days and the landlord should notify the Ombudsman when this is done.

Recommendations

21. The landlord should consider whether further measures should be attempted if the repairs it has suggested do not resolve the damp and mould.