Dacorum Borough Council (202329054)

REPORT

COMPLAINT 202329054

Dacorum Borough Council

31 August 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:
1. Damp and mould.
2. Repairs to leaking guttering.
3. Repairs to lifting window rims.
The Ombudsman has also considered the landlord’s complaint handling and record keeping.

Background

The resident has a secure tenancy of a three-bedroom property. The tenancy started on 5 October 2011. There are no vulnerabilities in the household noted.
Between 15 January 2021 to 5 February 2021 the resident informed the landlord about mould:
1. in three bedrooms
2. in her bathroom
3. around the second bedroom window and reveals (surrounds).
On 18 October 2022 the resident told the landlord that her front and back doors were letting cold air in.
On 23 November 2022, the resident reported her rear guttering was leaking and was misaligned. She also told the landlord that there was mould in her daughter’s bedroom and the bathroom. The landlord noted that the resident’s kitchen extractor fan stopped working during the week commencing 12 December 2022.
On 23 January 2023 the resident had complained about a blocked guttering and mould.
The landlord acknowledged the complaint at stage 1 on 11 May 2023 and provided its stage 1 on 12 June 2023 and said:
1. it was sorry the mould wash booked for 14 February 2023 was cancelled, it was working with its contractors to improve its processes and communications to prevent this in future
2. it had raised jobs to clean and realign the resident’s guttering and to inspect her roof after the inspection on 24 March 2023
3. its contractor attended on 1 and 2 June 2023 to clear the gutters and recommended additional insulation in the eaves which it had scheduled
4. it upheld the resident’s complaint due to the length of time taken to resolve the issues.
The resident escalated her complaint on 29 June 2023 and the landlord provided its stage 2 on 17 August 2023 and said:
1. it visited the resident’s property on 17 July 2023
2. it had cleaned the gutters but agreed to re-line them
3. it raised a job regarding the back door following the security concerns the resident raised
4. it raised a job to rectify water coming into the resident’s property, particularly in the downstairs living room
5. it raised a query about the resident’s concerns that its contractor had not conducted the mould wash before applying the paint block
6. it raised a job about the damage caused by windows fitted last year
7. it would see how the insulation affected the warmth of the property before responding to the resident’s concerns about cold
8. it would have liked to have offered “some solid dates” for the proposed work
9. it apologised for any undue stress and inconvenience.
Following the stage 2 response, the landlord inspected the resident’s property on 31 October 2023 and 8 November 2023. The inspections recommended the following actions for the landlord:
1. ensuring adequate loft insulation was in place which would not block airflow
2. installing eight vent tiles in the loft
3. upgrading the bathroom extractor fan and overhauling the kitchen extractor fan to ensure they are both flued and vented correctly to the outside
4. renewing the silicone joints to the wash basin, bath, and bathroom window
5. removing flaking paint on the separate toilet ceiling and repainting after making good
6. conducting a mould wash and treatment in the bathroom, separate toilet room, back bedroom, front bedroom, kitchen window wall, windowsill, and surround
7. upgrading the radiators to a “double panel convector type complete with TRV” in the back bedroom and front bedroom
8. removing a section of the lining paper to “R/H/S of the window” in the living room/lounge, and relining and redecorating after a mould wash and treatment
9. making good the brickwork at the front at a low level after the “plant from the L/H/S corner is removed”
10. applying a black liquid plastic coating to the back and front “flintlock guttering” using scaffold
11. issuing a new energy performance certificate to record the energy efficiency of the property.
The landlord told this service that it resealed the resident’s windows by 18 January 2024 although the resident stated repair to the lifting window rim is outstanding. The resident told this service that the delays have caused her time and trouble in having to pursue the complaint.

Assessment and findings

The scope of the investigation

The resident told this service that the damp and mould in her property had made the household unwell. She disclosed her partner had a “bad chest and cough”.
The Ombudsman was set up to investigate maladministration based on the documentary evidence provided by the parties. Where an individual explains that they have been injured or harmed by the landlord’s actions or inactions, that is often better dealt with as a personal injury claim. This is because in these types of claims, an independent medical expert would usually be appointed to report on the diagnosis, prognosis and cause of any illness or injury. The expert’s duty would be to the court to ensure impartiality. These reports are usually called medico–legal reports.
Where there is a dispute over the cause of the injury, the courts would then test the evidence, and this could include oral testimony or evidence from other experts. For these reasons, it would be fairer, more reasonable, and more effective for the resident to make a personal injury claim via the courts. The resident is entitled to seek legal advice on their prospects of successfully making a claim. In summary, the Ombudsman has not investigated the cause of any injury or illness. We have, however, considered how the landlord responded to the residents reports and considered whether this was reasonable in the circumstances.

The landlord’s obligations

The landlord was under a duty to repair and keep in good working order the roof and gutters at the resident’s property. This was under the resident’s tenancy agreement.
The landlord’s repairs, maintenance and improvements policy contains the following five priority categories of repairs:
1. emergency repairs which require a four-hour response. This is where there is a real danger to life or limb, major damage to the property, flooding, or where a property is insecure or there is a situation that creates a “major inconvenience”
2. priority 1 repairs which require a 24-hour response. This is where the landlord needs to conduct repairs urgently to overcome a substantial inconvenience to a resident or to prevent immediate damage to the property or where there is a potential health and security risk
3. priority 2 repairs which require a response within three days, this covers where there is no heating between 30 April to 1 November of each year
4. priority 3 repairs require a response within 20 working days. This includes non-urgent work and covers blocked or broken gutters and repairs to doors, windows and extractor fans
5. small works which need completion within 45 days.
The landlord’s damp, condensation, and mould policy 2023 to 2026 (“damp policy”) states:
1. the landlord will inspect properties for mould within 48 hours of a report of mould where this is urgent based on the household circumstances or within seven days if non-urgent
2. it will promote and provide general advice and guidance on how to manage damp and mould
3. it will complete any works and measures to deal with the mould within a reasonable time.
The landlord was also under an obligation to provide a property free from hazards created by mould under the Landlord and Tenant Act 1985, sections 9A and 10. Damp and mould is a listed hazard under the Housing Health and Safety Rating System (HHSRS). The landlord needed to take action to reduce the risk of harm to health under this government system for assessing listed hazards.
The Ombudsman’s spotlight report on damp and mould which this service published in October 2021 recommends that landlords should:
1. adopt a zero-tolerance approach to damp and mould
2. ensure that their responses to reports of damp and mould are timely and reflect the urgency of the issue
3. review the number of missed appointments in relation to damp and mould and consider what steps may be required to reduce them
4. identify when an independent, mutually agreed, and suitably qualified surveyor should be used and share the outcomes of all surveys with residents
5. evaluate what mitigations they can put in place to support residents
6. ensure they avoid apportioning blame or using language that leaves residents feeling blamed.

The landlord’s handling of damp and mould

The resident told the landlord that she had mould in her property on 15 January 2021. The landlord ought to have arranged an inspection within a reasonable time to assess the cause and extent of the mould. The landlord’s records do not show when the landlord inspected. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably.
The resident reported mould again on 5 February 2021. The evidence shows that the landlord completed a mould wash and added a stain block to three bedroom “reveals” and the “bathroom reveals” and tiles on 23 February 2021. The window reveals are also known as the surround of the window unit. While it is unclear whether the landlord inspected the resident’s property for mould within a reasonable time, the landlord completed remedial works within a reasonable time of the February 2021 report (18 calendar days).
The resident reported mould again on 23 November 2022 with the landlord’s contractor visiting the resident’s property on 9 December 2022. This was 16 calendar days after the report. The landlord’s contractor recommended that the landlord inspect the resident’s property as there was evidence of damp.
The landlord ought to have inspected the property within a reasonable time. The evidence does not show when the landlord inspected. There is also a gap in evidence relating to how the landlord responded to the mould between 9 December 2022 to 29 June 2023. On 29 June 2023 the landlord visited to conduct a mould wash to the window lintels and reveals in the bathroom, toilet, and back bedroom. It also mould washed the bedroom ceiling and wall before applying a stain block.
The landlord accepted, in its stage 1 response, that its contractor missed a mould wash on 14 February 2023 and did not rebook this. The landlord also referred to a property visit on 24 March 2023 in its stage 1. The Ombudsman notes that these appointments are not in the landlord’s repair records. Therefore, with the gap in records and evidence of unrecorded appointments, the Ombudsman cannot be satisfied that the landlord acted reasonably or in accordance with its damp policy between December 2022 to June 2023. This is because the records are lacking in detail and do not allow the Ombudsman to:
1. be satisfied that the landlord had taken the resident’s concerns about mould seriously
2. had made reasonable efforts to comply with its legal obligations under the Landlord and Tenant Act 1985 and the HHSRS.
On 18 October 2022, the resident reported that the front and back doors had a gap at the bottom and were letting cold air in. The landlord was under an obligation to repair the doors under the resident’s tenancy within a reasonable time. It is not clear if the defective doors contributed to the mould. This is because mould needs moisture to grow and doors which are not airtight are could increase the moisture content within a property. Alternatively, this could have been a source of airflow within the property.
The evidence shows that the landlord “overhauled” the two doors on 14 November 2022. This was within 18 working days of the resident reporting the issue which was in line with the landlord’s repair policy.
The evidence shows the landlord was aware that the resident’s kitchen extractor fan stopped working during the week commencing 12 December 2022. The landlord did not repair this until 22 February 2023. This was not in line with its repair policy which required a repair within 20 working days.
The resident complained to the landlord, on 29 June 2023, that the damp and mould was getting worse. The landlord ought to have made contact and arranged an inspection within seven days to meet its service obligations under its damp policy which was applicable at this point. The Ombudsman has not seen evidence that the landlord did this.
On 12 June 2023, the landlord said it would arrange a roof inspection. The landlord’s roofer told the landlord on 31 October 2023 that there was mould on the “extreme edges and reveals of windows”. The roofer said this following an inspection, but it is unclear from the email when this took place and there is no reference to this in the repair records. The report suggested that low indoor temperatures created condensation on windows and on the concrete lintel above the windows which was the cause of the mould.
The email of 31 October 2023 suggested the resident may help manage the mould by:
1. maintaining a consistent internal temperature of at least 18 degrees Celsius
2. treating areas of mould growth with a mould spray weekly
3. ventilating rooms and not drying clothes on radiators
4. removing plants at the front of the property near the brickwork.
The Ombudsman acknowledges that the email was clear that the landlord could also take action. There are several steps a landlord can take to deal with condensation related mould growth including:
1. dealing with any structural defects found
2. repairing leaks that may have created moisture
3. improving ventilation
4. improving energy efficiency
5. working with residents to encourage good practice to improve ventilation or heating.
On 31 October 2023, the landlord identified that it could help by making sure the loft insulation was adequate and pushed down to the eaves (the part of the roof that overhangs) without blocking air flow. The roofer also recommended improvements in ventilation by fitting eight ventilation tiles in the eaves and ridge level of the roof.
The Ombudsman has seen evidence that the landlord obtained a quote for fitting 8 vent tiles. The resident has told this service that the landlord completed this. Nevertheless, it is unclear from the evidence when the landlord completed this work. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its damp policy. This required the landlord to complete the works identified to resolve the damp within a reasonable time.
The landlord re-inspected the resident’s property on 8 November 2023 and made further recommendations to complete the work outlined in paragraph 10 (c-k) of this report. The landlord’s evidence is that it completed this work on 16 January 2024 except for the installation of the new radiators to the hall, lounge, kitchen, and bathroom which completed on 14 February 2024. The Ombudsman is of the opinion, having regard to the landlord’s damp policy, that the landlord completed these remedial works within a reasonable time of the inspection and report. This is because this work amounted to follow on improvements which were significant and would take longer to arrange and complete.

The landlord’s repairs to the guttering

On 23 November 2022 the resident notified the landlord that the guttering was misaligned and leaking. The landlord was responsible for repairs to the resident’s guttering under the tenancy agreement. Therefore, the landlord ought to have inspected this and completed any necessary repairs within a reasonable time.
The landlord’s repair records are unclear as to when the landlord completed this work. The Ombudsman has seen an entry against a logged job on 23 November 2022 with a completion date of 18 May 2023.
The landlord’s repair records show another job raised on 16 May 2023 to “clean and re-align failing fin lock gutters” which the repair records noted as completed on 2 June 2023. This is consistent with the landlord’s stage 1 response and so on balance the Ombudsman is of the view that it is likely that this work completed between 1 to 2 June 2023. This was 129 working days after the resident told the landlord about her leaking and misaligned guttering.
The landlord ought to have completed the repairs within 20 working days under its repair policy to keep the gutter in good working order. Therefore, without any explanation to account for the delay, the Ombudsman considers the length of time taken to do the work unreasonable. The delay caused the resident time and trouble in having to chase the repair. The landlord also told the resident in its stage 2 response, when commenting on the gutters, that it would be “looking to get them re-lined for a permanent repair”. It is unclear if or when the landlord completed this and so the Ombudsman has made an order.

Repairs to window rims

The resident has told this service that the landlord has not repaired the window rim that is lifting in the front room and two bedrooms. The landlord’s repair records do not state when the resident reported the damage to the window rim and the resident has been unable to confirm to this service when she reported this.
The evidence is that the landlord installed windows on 31 January 2022. The landlord’s stage 2 response of 17 August 2023 referred to the landlord raising a job for “damage that was caused by the fitting of windows last year.” The resident told the landlord that this caused water to enter the property, and specifically her living room, according to the landlord’s email of 3 August 2023.
The landlord’s account is that shrubbery was touching the building and damaging the brickwork which caused the water ingress. The landlord has told this service that it removed the overgrown shrubbery and repointed the brickwork although its records do not state when the resident reported this damage or when it did this and how this related to the windows. Therefore, the Ombudsman cannot be satisfied that the landlord completed this work within a reasonable time or in line with its repair policy.
The resident has said that although she no longer has any water ingress, the work to repair the lifting rims is still outstanding. It is unclear that the outstanding work referred to by the resident is the same or related to the work in the landlord’s stage 2 response. Therefore, the Ombudsman has made an order for the landlord in respect of this.

Record keeping

Record keeping is a core part of a repairs service. A landlord should keep accurate and detailed records to create an audit trail and to ensure that it can effectively monitor and manage repairs.
The Ombudsman’s spotlight report on complaints about repairs, published in March 2019, states that “it is vital landlord’s keep clear, accurate and easily accessible records to provide an audit trail. The landlord and its contractors should keep comprehensive records of residents’ reports of disrepair and their responses, including details of appointments, any pre and post inspections, surveyors’ reports, work carried out and completion dates.”
This service’s spotlight report on knowledge and information management, published in May 2023 found that “failings to create and record information accurately results in landlord’s not taking appropriate and timely action, missing opportunities to identify what actions were wrong or inadequate.”
In the Ombudsman’s opinion the landlord has failed to keep accurate records, this is based on:
1. the uncertainty over when the landlord inspected the resident’s property after the report of mould on 15 January 2021 and 5 February 2021
2. the omission of the mould wash appointment of 14 February 2023 in the repair records
3. the landlord having recorded the same job to re-align and clean the gutters logged on 23 November 2023 as completed on both 18 May 2023 and 2 June 2023 without adequate explanation
4. the landlord’s reference to an inspection on 24 March 2023 (in its stage 1) is missing from the repair records
5. the uncertainty over when the resident reported damage to her windows and any action the landlord took in relation to this
6. the uncertainty over when the roofer inspected the property
7. the uncertainty over when the landlord removed the overgrown shrubbery and repaired the brickwork.
The Ombudsman has therefore been unable to determine if the landlord responded reasonably at several points referred to above and throughout this report. The lack of accurate and clear records effected this services ability to conduct a thorough investigation. The poor record keeping likely contributed to the delays and distress the resident experienced. The gaps in records have also meant that the Ombudsman cannot be satisfied that the landlord had sufficient oversight of the gutter repairs or damp and mould work to manage these within a reasonable time.

Summary

The evidence showed that the landlord appropriately completed work to deal with mould on 23 February 2021 and to repair the resident’s door on 14 November 2022 to help deal with the damp and mould. The landlord also completed improvement works on 16 January 2024 and 14 February 2024 to help with the mould. However, there were failures to complete the repair to an extractor fan and work to clean and re-align the gutter within a reasonable time.
The evidence also did not demonstrate the landlord inspected the property within a reasonable time at several points identified in this report. Overall, it has not been possible for the Ombudsman to be satisfied that the landlord consistently acted in line with its policy and legal obligations under the Landlord and Tenant Act 1985 and the HHSRS.
The quality of the evidence and gaps in repair records meant that it was not clear when the landlord completed the loft insulation upgrade, the installation of vent tiles, the repairs to the guttering or the windows. The resident experienced time and trouble in having to pursue a complaint and experienced a level of distress by the delays in dealing with the repairs and complaint which the landlord’s record-keeping likely made worse.

The landlord’s complaint handling

The landlord has a 2-stage complaint process and must respond to complaints at stage 1 within 10 working days and to complaints at stage 2 within 20 working days. The landlord needed to acknowledge complaints at stage 1 within 5 working days. The landlord’s complaint policy only allowed it to extend the deadline for replying to complaints at stage 1.
The resident complained to the landlord on 23 January 2023 according to an internal landlord email. This is because the email notes that the resident had already made contact about mould and the guttering previously and had expressed dissatisfaction. The landlord’s records show the resident made service requests relating to these two issues on 23 November 2022. The landlord also referred to the resident having complained in January 2023 in its stage 2 response.
However, it was not until 11 May 2023 that the landlord acknowledged a complaint after speaking with the resident. In the Ombudsman’s opinion the landlord failed to act appropriately by failing to recognise that the resident’s contact in January 2023 ought to have triggered the complaint process.
The landlord provided its stage 1 response on 12 June 2023. Therefore, it took the landlord 95 working days to respond against a target of 10 working days. This was not in line with the landlord’s complaint policy.
The resident escalated her complaint on 23 June 2023 and the landlord provided its stage 2 response on 17 August 2023, after extending the deadline on 3 August 2023. It took the landlord 39 working days to respond at stage 2, against a target of 20 working days. This was not in line with its complaint policy because the landlord’s complaint policy did not allow extensions at stage 2. The delay in the landlord dealing with the complaint caused the resident a level of distress and delayed this service considering the complaint.
The landlord upheld the resident’s complaint at stage 1 and acknowledged it had caused the resident “undue stress and inconvenience” at stage 2 but offered no redress. This was not appropriate or in accordance with the Ombudsman’s Complaint Handling Code which expects landlords to put things right when landlords identify failures.

Determination

In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of damp and mould.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of leaking guttering.
In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of window repairs.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s record keeping.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders

Within 28 days of the date of this determination the landlord must:
1. contact the resident to arrange a full damp and mould survey of the resident’s property. The landlord must provide the resident and this service with a copy of its report, within 5 working days of the date of the survey. If the survey recommends further works, the landlord must use its best endeavours to complete those works within 56 days of the date of the report or any time specified in the report (if a longer period is specified). If it cannot complete the works within 56 days, it must write to the resident and the Ombudsman and explain this together with its reasons. It must provide evidence to the Ombudsman to show it has used its best endeavours for the works to be completed
2. write to the resident with confirmation on when it re-lined the gutters or complete this if the permanent repair remains outstanding
3. if it has not already done so, it must inspect the window rims in the resident’s property and raise repairs or complete any outstanding repairs within 10 working days of the inspection. If this is not possible the landlord must write to the resident and the Ombudsman to set out when this work will be completed.
4. pay the resident £1,100 compensation, made up of:
  1. £300 for the distress and inconvenience (including an element for time and trouble) caused by delays in dealing with the damp and mould
  2. £300 for the distress and inconvenience (including an element for time and trouble) caused by delays in dealing with the guttering repairs
  3. £300 for the distress and inconvenience (including an element for time and trouble) caused by delays in dealing with the window repairs
  4. £200 for the distress and inconvenience caused to the resident by the delays in complaint handling to reflect the detriment caused by the delay in the referral to this service and its failure to offer redress.
The landlord must provide the Ombudsman with evidence of compliance with the above orders within 28 days of the date of this determination.