Clarion Housing Association Limited (202339714)

REPORT

COMPLAINT 202339714

Clarion Housing Association Limited

31 January 2025

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:
1. The mutual exchange.
2. Reports of repairs.
3. Reports of damp and mould.
4. The associated complaint.

Background

The resident has lived in the property as an assured tenant since August 2023. The property is a 2-bedroom house.
The resident applied for a mutual exchange in June 2023. The landlord inspected the property on 22 June 2023, and the resident completed the mutual exchange on 14 August 2023.
On 25 August 2023 the resident reported faults with the stairs, windows, and a cracked wall. On 4 September 2023 she reported crumbling walls in the children’s bedroom and skirting coming away from a wall.
The resident complained on 27 October 2023 about delays to the repairs. She said the delays were causing her stress and anxiety and her children were sleeping on the living room floor because of the condition of the bedroom. She said the landlord had not properly checked the property before she moved in. The resident raised other faults with the property.
In its complaint response on 12 December 2023, the landlord apologised for the delay in responding. It said following the resident’s reports of repairs it attended and made a list of outstanding work. On the stairs, it said it attended at the “beginning of November 2023”, but it could not get access. It then arranged an appointment for “mid-November 2023”, when it made the stairs safe. It noted it needed to do other repairs to the stairs, which it said it would do on 8 January 2024. On the windows, the landlord said it had done repairs in “early November 2023” but had referred further work to its planned investment team. It said it had done plastering work in “late November 2023” and had scheduled damp and mould work for 1 January 2024.
The complaint response also said the landlord had checked the property on 22 June 2023 as part of the mutual exchange, and found no concerns, except a broken garden gate. It said the resident had confirmed she was satisfied with the condition of the property and photographs showed it was in good condition. It said the resident took the property ‘as seen’. It said there had been no service failures but offered £50 for the delay in responding to the complaint.
The resident escalated her complaint on 11 December 2023. She said the compensation was not enough for the inconvenience caused, the problems it had caused with her health, and the financial loss. She said the landlord had not completed the repairs she had reported.
On 5 January 2024, the landlord did a damp and mould inspection at the property. Following this, the landlord raised work to do mould washes and improve ventilation. It also gave the resident advice on ventilation.
In its final response on 2 February 2024, the landlord apologised for the delay in responding to the complaint. It said it had assessed damp and mould on 5 January 2024 and found other repairs it needed to do. It set out when it would do the remaining work. It said the mutual exchange was in line with its policy. On damage to personal items, it provided information on how to make an insurance claim. The landlord apologised for delays and inconvenience caused and offered £500 compensation.
The resident escalated her complaint to the Ombudsman. She said the landlord had not covered all the repairs that needed doing in its response and a mould wash would not resolve the damp and mould. She also said the compensation was not enough, the landlord had not completed repairs, and this had affected her wellbeing.
In response to the Ombudsman’s investigation, the landlord wrote to the resident on 11 December 2024 and said it had reviewed her complaint. It apologised for delays to repairs and acknowledged frustration and distress caused. It said it had arranged for an area manager to attend on 16 December 2024 to complete a further inspection and would schedule in any repairs found. In recognition of the delays, it offered further compensation of £800.

Assessment and findings

The landlord’s handling of the mutual exchange

The landlord’s mutual exchange procedure says it will inspect the property as part of the mutual exchange. It says it will tell the outgoing resident about any repairs they need to do and will note any repairs that are its responsibility.
As part of the inspection, the landlord will complete a form. It will make clear notes on the condition of each room and take photos of any damage or missing items. It says if there are repairs that are the landlord’s responsibility, it will raise a repair request.
The mutual repairs policy says incoming residents have the same right to repair, when the repair is the landlord’s responsibility, as other residents. However, responsibility for repairs that were the outgoing resident’s responsibility pass to the incoming resident. This is because the incoming resident agrees to accept the property ‘as seen’.
Records provided by the landlord show it wrote to the resident on 20 June 2023 about the mutual exchange. The letter made it clear that the resident would take the property in the condition it was in. It confirmed the landlord would inspect the property, but if the resident chose to move, she took on responsibility for any repairs that were the responsibility of the outgoing resident. It recommended the resident visit the property more than once, ask questions, check every room, and look behind furniture.
The landlord did an inspection on 22 June 2023. This showed the landlord inspected all rooms and found them in a “good” condition. It found no evidence of damp and mould. It also found the landlord needed to repair a gate and there was no need for a follow-up surveyor visit.
In her complaint on 27 October 2023, the resident said she felt the landlord had not made the property safe to move into. When she escalated her complaint on 10 December 2023, she said when the landlord viewed the property it missed many issues and did not do thorough checks.
In its final response the landlord said it had completed a property checklist on 22 June 2023, and found no concerns, except for a repair to the garden gate. It said its records showed the resident confirmed she was satisfied with the condition of the property at the sign-up on 11 August 2023. It said photographs taken at the time also showed the property was in good condition and the resident had taken the property ‘as seen’.
The Ombudsman cannot comment on the quality of the inspection but has noted the landlord’s records show an inspection took place, which is what the Ombudsman would expect. The Ombudsman has also seen clear communication with the resident giving advice about visiting the property to check for any problems. The communication also made it clear that the resident took the property ‘as seen’. Because of this, the Ombudsman has found no maladministration in the landlord’s handling of the mutual exchange as it followed its procedure and provided clear information to the resident.
However, the Ombudsman has noted that the resident reported various repairs within weeks of moving to the property, including defective stairs, and damp and mould. The landlord then accepted responsibility for these repairs. Because of this, the Ombudsman recommends the landlord reviews why it did not find these issues during the inspection in August 2023.

The landlord’s handling of reports of repairs

The landlord is responsible under section 11 of the Landlord and Tenant Act (1985) for keeping in repair the structure and exterior of the property. This means the landlord has a general obligation to repair the property. The landlord confirms this responsibility in its responsive repairs and maintenance policy. The landlord did not dispute that it had responsibility for the repairs.
The responsive repairs and maintenance policy says the landlord will complete non-emergency repairs within 28 days.
The mutual exchange policy says incoming residents have a right to have repairs done that are the landlord’s responsibility.
Records provided by the landlord show the resident first reported faults with the garden gate, staircase, windows, and a bedroom wall on 25 August 2023. This was 2 weeks after she moved to the property. On 4 September 2023, the resident reported a crumbling wall in the bedroom and skirting coming away from the wall.
On 9 October 2023, the resident chased the landlord about the repairs. She said it had fixed the gate but wanted an update on the stairs, windows, walls, and skirting. The resident chased the repairs again on 16 October 2023.
The resident complained on 27 October 2023 about delays with the repairs. She said the delays were causing her stress and anxiety. She complained the landlord had not repaired a broken step on the stairs and this was dangerous. She said when she stripped the wallpaper in the children’s bedroom, she found the walls needed replastering. She said a surveyor had visited but the landlord had not done the plastering work and because of this, her children were sleeping on the floor in the living room. The resident said the appointment the landlord had given her for replastering the wall was too long to wait. She also complained about the windows, a faulty front door, rotten wood in the bathroom, a damaged outside wall, and a damaged kitchen ceiling.
In its complaint response on 11 December 2023, the landlord said it only became aware of the repairs following the mutual exchange. It said it had repaired the gate in September and arranged for a surveyor to visit to look at the other repairs. It said the surveyor attended and compiled a report and raised new repairs. It then attended at the beginning of November 2023 to repair the stairs, but no one was home. It then rescheduled the appointment for mid-November 2023 and made the stairs safe. However, it noted other faults with the stairs and arranged an appointment for 8 January 2024 to fix these.
On the windows and front door, it said an appointment took place in early November 2023, when it tightened the window handles, resealed the door trim and fitted a new door barrel. It said there were other faults with the windows, and it had made a referral to the planned investment team. However, it would continue to make repairs while the planned investment team decided on the referral. On the plastering, it said it spoke with the resident in mid-November 2023 to ask her when she would complete stripping the wallpaper. It said following this it completed plastering in late November 2023.
The Ombudsman has found the landlord’s complaint response on 11 December 2023 did not acknowledge the delays to the repairs, some of which the resident had first reported on 25 August 2023. The landlord repaired the gate in a reasonable time, but it did not do some repairs until over 2 months after the resident reported them. This was a failure to meet the standards set out in the landlord’s responsive repairs and maintenance policy. In mitigation, there appear to have been some delays due to access, but it is not clear whether the landlord clearly communicated the appointments with the resident.
Following further contact from the resident about outstanding repairs and her complaint escalation, the landlord arranged a survey of the property.
The survey took place on 5 January 2024. It found the landlord had not completed plastering work. The landlord said it would arrange for a plasterer to return on 8 January 2024. It noted the resident said she would install her own skirting. In the bathroom, it said boxing showed signs of water damage. It raised an order to have this renewed. In the hallway it found it had not completed the stairs repair and arranged further work. It noted the front door was in full working condition but said it would fit draught strips. It also noted that the windows were in working order but did not have trickle vents and some were “slightly blown” and had condensation. However, it said they did not meet the threshold for replacement.
In its final response on 2 February 2024, the landlord said the survey on 5 January 2024 had found repairs it needed to do. It said windows were in working order, but it would arrange a survey for window renewal. It said it completed work in the kitchen to seal a ceiling crack on 8 January 2024 and completed plastering work the same day. It said it had raised a job to install lagging around heating pipes and it had scheduled this for 26 February 2024.
On the bathroom, the landlord said it checked for a leak under the sink on 19 January 2024 and would install a new radiator on 9 February 2024. It said it had scheduled an appointment to renew boxing on 26 February 2024. On the complaint about the bathroom floor not being level, it said it had discussed this at the inspection and was satisfied it needed to take no further action. On the hallway, it said it had not completed the repairs to the stairs, and it had made an appointment for 26 February 2024. It said it would install draught strips to the front door on the same day.
The Ombudsman has found there was service failure by the landlord in its handling of repairs. The landlord accepted its repair obligations, but did not follow its policy in all instances. This is because it did not complete all repairs within 28 days, as set out in its policy. This caused inconvenience for the resident who had to chase the landlord to get the repairs done.
In its final response on 2 February 2024, the landlord apologised for the delays and inconvenience caused. It offered £200 compensation for the further appointment needed to repair the stairs. However, it did not offer compensation for the delays in completing plastering work. During this time, the children had to sleep in the living room. In mitigation, the landlord only became aware of the fault with the walls when the resident began decorating and it had to wait until she had stripped the wall before it could replaster. However, the landlord told the resident in its complaint response on 11 December 2023 that it had completed plastering work but the survey on 5 January 2024 noted it had not completed the plastering. Because of this, the landlord must pay the resident further compensation of £100 for inconvenience caused.
In November 2024, in response to the Ombudsman’s investigation, the landlord reviewed the repairs it had done. It said following the visit on 5 January 2024, it completed plastering, fixed the stairs, installed draught strips, removed skirting, and replaced water damaged boxing during January and February 2024.
It said it raised further work in the bathroom on 13 May 2024 and replaced the bath panel and lagged pipes on 22 August 2024. It acknowledged it did not meet timescales on this repair due to staff sickness and needed to reschedule the appointment on 2 occasions. On the windows, it said it assessed them on 5 March 2024 and fitted new handles and replaced silicone on 15 May 2024. It said it replaced defective double-glazed units on 29 July 2024.
The landlord wrote to the resident on 11 November 2024 and said it had reviewed her complaint. It apologised for further delays and arranged for an area manager to complete a further inspection. It said it would schedule in any repairs it found and offered £800 compensation for delays and inconvenience. As well as general repairs, this included compensation for delays to work on damp and mould.
Although out of the scope of this investigation, the Ombudsman has noted the landlord acknowledged further delays in dealing with repairs after its final response and offered further compensation.
However, in January 2025, the resident told the Ombudsman that the visit by the area manager took place in December 2024 but there had been no follow-up. The Ombudsman recommends the landlord write to the resident with the outcome of the visit and give the resident information about what, if any, repairs it will do and when.

The landlord’s handling of reports of damp and mould

The landlord’s leaks, condensation, damp and mould policy says it will diagnose and resolve damp and mould in a timely and effective manner. It says it will “deliver effective solutions to deal with the cause of the problem, not just the symptoms”. It says it will inform the resident of the findings of inspections and do repairs to fix the problem. It will give advice to residents on how to manage damp and mould.
Records provided by the landlord show the first report of mould in the property was on 13 November 2023. In response, the landlord completed a mould wash and applied anti-mould paint to a “small mould affected area” in the living room on 28 November 2023. It did the same work in the bedrooms and said it did not need to do follow-up work. The Ombudsman has found this was a reasonable response because it did work within 2 weeks of the report, and it found no damp and mould during the mutual exchange inspection 3 months before.
On 4 December 2023, the resident told the landlord the mould had come back. She said the operative who attended before had told her there was an external fault that caused the damp. The landlord made an appointment for 8 January 2024, but on 8 December 2023 the resident asked the landlord to bring the appointment forward. She said there was mould in all rooms and her children could not sleep in the bedroom. The Ombudsman has noted that there was no reference to the cause of damp and mould in the landlord’s report on 28 November 2023, when it said it did not need to do follow-up work.
On 10 December 2023, the resident complained about damp and mould throughout the property. She said the landlord had used a mould wash at the appointment in November 2023, but this had not solved the problem. She said the mould had affected hers and her daughter’s asthma.
In its complaint response on 11 December 2023, the landlord referred to reports of rotten wood in the bathroom, and damage to an outside wall and the kitchen ceiling. It said it had arranged repairs for these. The Ombudsman has noted that the landlord did not mention the resident’s concerns about damp and mould. The Ombudsman has found that this was a failure to respond to the concerns in the resident’s complaint.
In her complaint escalation on 19 December 2023, the resident said she had contacted a company that provided damp and mould assessments. She wanted the landlord to arrange an appointment with them. She said the compensation was not enough for the inconvenience caused.
The landlord surveyed the property on 5 January 2024. In the kitchen, it found condensation on heating pipes but no damp and mould. It noted personal items stored in living room alcoves that prevented air circulation and recommended the resident move these. It also found a blocked vent. It said it had done mould washes in parts of the living room and there were no new signs of mould in those areas. In the main bedroom it said items against the wall were preventing air circulation and there was mould behind these. It found the chimney vent blocked. In the children’s bedroom there was unfinished plastering work but no damp and mould. It said it would repair the fan in the bathroom and do a precautionary mould wash on the ceiling and walls. In the hallway, it would do a precautionary mould wash.
The survey noted the property was very warm. It said there was condensation on most windows, but none were open, and they did not have trickle vents. It said it explained to the resident that condensation on windows needed wiping down. It said it also checked the outside of the property and there were no obvious repairs needed. It raised orders for mould washes and to unblock vents. It said if mould persisted around the chimney it may need to complete a further inspection, and it would arrange to have a “surveyor cube” installed.
Although the landlord did not respond to the reports of damp and mould in its complaint response, the Ombudsman has found the landlord’s actions at this stage were reasonable. It responded to the first reports of damp and mould by doing mould washes. This was reasonable as it had found no mould during the mutual exchange inspection in June 2023. When the resident said the mould had come back in December 2023, the landlord arranged a survey.
In its final response on 2 February 2024, the landlord apologised that its complaint response had not acknowledged the reports of damp and mould. It set out details of what the survey had found and the work it would do, which included mould washes on 9 February 2024 and unblocking vents on 26 February 2024. The landlord also said it visited on 30 January 2024 and checked the loft. It said it found a section of felt missing, which could be contributing to the damp and mould and because of this it had raised an order for a roofer to attend on 5 March 2024. The landlord offered £250 compensation for the delay in resolving the damp and mould.
The Ombudsman has found there were failings by the landlord in its handling of reports of damp and mould. The landlord accepted its repair obligations, but did not follow its policy. This is because it did not complete all repairs within 28 days, as set out in its responsive repairs and maintenance policy.
However, the Ombudsman has found that the landlord’s final response was reasonable. This is because it acknowledged its failure to respond to the reports of damp and mould in its complaint response and then explained what action it had taken since. It said the survey on 5 January 2024 had found the cause of damp and mould was largely due to ventilation and it raised work to deal with this. It also gave advice to the resident and checked the exterior of the property and found no obvious faults. However, it said it may need to do follow up investigations. It then arranged an inspection of the loft, which found a possible cause.
There was a delay between the report that damp and mould had come back in December 2023 and the survey taking place on 5 January 2024. There were further delays after the survey until the landlord completed work to unblock vents and do mould washes. The landlord recognised the delays in its final response and offered £250 compensation. It is the Ombudsman’s view that, taking everything into account, this was reasonable redress.
In its final response the landlord also said it was not its usual practice to contact the resident’s third-party company. It said its own surveyor attended and it had raised work to resolve the damp and mould. The landlord also gave the resident information about how to make an insurance claim for damage to her belongings. The Ombudsman has found that this was a reasonable response from the landlord. This is because it explained why it would not contact a third-party company and gave advice on making an insurance claim.
In November 2024, in response to the Ombudsman’s investigation, the landlord reviewed the repairs it had done. Its records noted that after the repairs in February 2024, there were no further reports of damp and mould in the living room and bedrooms. However, there was a report of mould in the hallway on 14 May 2024 and it did work on this on 5 June 2024. It also said after it inspected the roof on 27 February 2024, it scheduled work for 5 April 2024. However, as there was no adult present when roofers arrived, it could not do the work. It said it rescheduled the appointment for 1 May 2024, but there was no access. It then rescheduled the work and completed it on 8 May 2024.
The landlord wrote to the resident on 11 November 2024 and said it had reviewed her complaint. It apologised for further delays and arranged for an area manager to complete a further inspection. It said it would schedule in any repairs it found and offered £800 compensation for delays and inconvenience. As well as damp and mould, this included compensation for delays to other repairs.
Although out of the scope of this investigation, the Ombudsman has noted the landlord acknowledged further delays in dealing with reports of damp and mould after its final response and offered further compensation.

The landlord’s complaint handling

The landlord’s complaints policy says it aims to respond to complaints within 10 working days. When a resident escalates their complaint, the landlord aims to respond in 20 working days. This approach is in line with the Ombudsman’s complaint handling code.
Records show the resident complained on 27 October 2023. The landlord sent its complaint response 32 working days later, on 11 December 2023. This was outside the timescales in the complaints policy and was a failure. The landlord apologised for the delay and offered £50 compensation. The Ombudsman has found that this was reasonable compensation for a delay of this length.
The resident escalated her complaint on 11 December 2023. However, the landlord did not respond until 2 February 2024, which was 36 working days later. This was another failure to meet the timescales in the complaints policy. In mitigation, the landlord contacted the resident on 19 January 2024 and explained there would be a delay. It was also in contact with the resident about the repairs at this time. In its final response, the landlord apologised again for the delay and offered another £50 compensation.
It is the Ombudsman’s view that this was reasonable redress in the circumstances. This is because the landlord did not meet its service standards but there was no significant effect as the landlord was in contact with the resident about the repairs.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
1. No maladministration by the landlord in respect of its handling of the mutual exchange.
2. Service failure by the landlord in respect of its handling of reports of repairs.
In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in respect of its handling of:
1. Reports of damp and mould.
2. The associated complaint.

Orders and recommendations

Order

The landlord must pay the resident compensation of £100 for inconvenience caused by failings in the handling of repairs. It must pay this directly to the resident and not offset it against any arrears.

Recommendations

The Ombudsman recommends the landlord reviews why it did not find the repair issues reported by the resident when it did a mutual exchange inspection in August 2023.
The Ombudsman recommends the landlord write to the resident with the outcome of the visit in December 2024 and give her information about what, if any, repairs it will do and when.
The Ombudsman recommends the landlord reoffers the £550 compensation offered at stage 1 and 2 of the complaints process if it has not already been accepted.