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Gentoo Group Limited (202313045)

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REPORT

COMPLAINT 202313045

Gentoo Group Limited

8 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

  1. The complaint is about the landlord’s handling of damp and mould at the resident’s property.

Background

  1. The resident is an assured tenant of the landlord.
  2. On 9 January 2023, the resident contacted the landlord and reported an issue with damp and mould within the property.
  3. The landlord’s technical inspector carried out a damp and mould inspection at the resident’s property on 24 January 2023.
  4. On 26 April 2023, the resident submitted her complaint to the landlord. She explained the landlord had carried out damp inspections. However, the resident stated no repairs had been carried out to resolve the damp and mould. She also stated her daughter had asthma and had experienced a chest infection twice due to the damp and mould at the property.
  5. The landlord provided its stage 1 complaint response to the resident on 17 May 2023. It apologised for the distress and inconvenience caused by the damp issues at the resident’s property. The landlord explained that its repairs preservation team was due to finish the works to resolve the damp and mould by 26 May 2023. In addition, it also explained that an appointment had been booked for its flooring contractor to attend the resident’s property on 29 and 30 June 2023. The landlord offered the resident 1 week’s rent of £106.66 to be credited to her rent account. It also explained that the resident would receive a decoration voucher, so she could purchase paint and decoration materials to complete the decoration works after the preservation works.
  6. On 18 May 2023, the resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. She explained she was unhappy with the outcome of the landlord’s stage 1 response and stated she would like £3000 compensation.
  7. The landlord provided its stage 2 complaint response to the resident on 13 June 2023. It explained that its contractor could not carry out work to the resident’s kitchen as planned because further materials were required. In addition, it also stated before the work on the skirting boards and rehanging of the radiators could happen, there was a period required for the walls to dry. The landlord acknowledged there had been delays to some of the follow–up work, and that its communication could have been clearer. It explained that these mistakes would not be repeated, because it had recently introduced a new process for properties requiring damp, mould, or condensation work. The landlord accepted that there were errors in its handling of the resident’s case. However, it explained that it was a charitable organisation and could not offer the resident £3000 compensation as it was not proportionate.
  8. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was to receive an increased compensation offer for the distress and inconvenience caused due to the landlord’s delays in completing works to resolve the damp and mould at her property.

Assessment and findings

Scope of investigation

  1. The resident has mentioned as part of the complaint that the damp and mould has impacted her family’s health. She stated her daughter had asthma and experienced 2 chest infections due to the damp and mould within the property. We understand this has been a distressing time for the resident. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s daughter’s health. It would be more appropriately suited for a court or liability insurer to investigate this as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant health risk, particularly for those with respiratory conditions such as asthma. This service can consider the general risk, and distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her daughter’s health.

Policies and procedures

  1. The landlord’s repairs policy explains that the landlord is responsible for the structure and exterior of a resident’s property, including the roof, walls, windows, hard surfaces, external doors, and loft insulation.
  2. In addition, the landlord’s repairs policy includes the following response timescales for repair categories:
    1. Emergency repairs- the landlord will respond within 24 hours.
    2. Urgent repairs- the landlord will respond within 7 calendar days.
    3. Routine repairs – the landlord will respond within 28 calendar days.
    4. Planned maintenance repairs – the landlord will respond within 180 calendar days.
  3. At the time the resident first reported the damp and mould issue to the landlord, it did not have a damp and mould policy in place. However, a damp and mould policy was created shortly after in May 2023 and a damp and mould procedure was created in September 2023. Therefore, the Ombudsman has not made any recommendations with regards to the landlord’s policies.

Damp and mould at the resident’s property.

  1. On 9 January 2023, the resident contacted the landlord and reported damp and mould at her property. The landlord responded appropriately to the report and arranged a damp and mould inspection. The landlord’s technical inspector attended the resident’s property on 24 January 2023 to carry out the inspection. The landlord’s inspection notes stated that there were damp areas in the living room, dining room, kitchen, and chimney breast wall. Following the visit, the landlord raised a work order for its preservation team to complete a more in-depth inspection. The landlord’s initial response to the damp and mould report was reasonable, and it acted appropriately by arranging a further inspection by a specialist team to help identify the cause of the damp.
  2. There was a delay in the landlord’s preservation team attending the resident’s property to complete the further inspection. The landlord’s contractor did not attend the resident’s property until 1 March 2023. It would have been appropriate for the landlord to arrange an appointment for the inspection much sooner than it did. The inspection on 1 March 2023 reconfirmed dampness in the living room, kitchen and on the chimney breast. As a result of the inspection, a work order was raised for a roofer to check the chimney. The landlord’s roofing contractor attended shortly after on 3 March 2023 to assess the roof. However, the contractor could not complete any repairs to the roof and chimney on the same day as they needed access equipment. The Ombudsman recognises that this part of the delay would have been outside the landlord’s control.
  3. Following the roofer’s inspection, there was a delay in the landlord carrying out any further works. The landlord’s records state that a chemical damp proof course survey was completed on 18 April 2023. However, the repairs to the roof and chimney remained outstanding. Due to the repairs remaining outstanding, the resident submitted a complaint to the landlord on 26 April 2023. Shortly after the resident submitted her complaint, the landlord’s roofing contractor completed work on the chimney by renewing the lead flashing. The landlord acted appropriately by carrying out the required repairs to the chimney. However, it would have been appropriate for the landlord to complete the repairs sooner than it did or, if this was not possible, it should have communicated this to the resident and give an estimated timescale.
  4. The landlord’s repairs records also show that the landlord’s contractor carried out repairs to the resident’s radiator on 9 May 2023. In addition, the contractor started additional work, including a chemical damp–proof course injection into the wall, removal of the render from the wall and applied sealer to the walls and ceilings. The landlord’s contractor also started further works on 10 May 2023 and 12 May 2023, which included installing a damp–proof membrane, re–plastering the walls and repointing works to the windows. The contractor also completed works to renew the skirting board on 16 May 2023. The landlord acted reasonably by carrying out the necessary works to resolve the damp and mould at the resident’s property. However, there was a delay in the landlord completing the works, and it failed to keep the resident updated about the delays.
  5. Shortly after the landlord completed some of the repair work, it provided its stage 1 complaint response to the resident on 17 May 2023. The landlord acknowledged and apologised for the delays in completing the damp and mould works. It confirmed that the remaining damp and mould works would be completed by the end of May 2023. It also explained that its flooring contractor would attend the resident’s property at the end of June 2023. The landlord offered the resident 1 week’s rent of £106.66 to be credited to her rent account. It also explained that the resident would receive a decoration voucher, so she could purchase paint and decoration materials to complete decoration works after the preservation works. It was a positive step that the landlord offered the resident compensation. However, the amount offered was not sufficient to recognise the distress and inconvenience the resident would have experienced from the repair delays. On 18 May 2023, she requested her complaint to be escalated to stage 2 of the landlord’s complaints process because she was unhappy with the compensation amount.
  6. The remaining damp-proof course, chemical injection, damp–proof membrane installation, plastering and window repointing works were completed on 25 and 26 May 2023. However, there were still some remedial works outstanding for the flooring, skirting boards, and kitchen units.
  7. On 13 June 2023, the landlord provided its stage 2 complaint response to the resident. The landlord acknowledged that there had been further delays in the completion of some of the follow–up work and explained its communication could have been clearer regarding this. The landlord also explained that as a result of its mistakes, it had introduced a new process for properties requiring damp, mould, or condensation work, which would involve a case manager overseeing any required works. The landlord also confirmed that it could not offer the resident any further compensation.
  8. On 14 June 2023, the landlord’s contractor renewed some of the skirting boards at the resident’s property. In addition, on 29 June 2023 and 30 June 2023, the landlord completed renewal works to the floor tiles. The last of the repair works were completed by the landlord on 20 July 2023, which included work to some of the kitchen units and skirting in the kitchen.
  9. The resident has informed the Ombudsman that the landlord provided her with decoration vouchers so she could carry out the painting and decoration works herself following the completion of its contractor’s repairs. The resident has confirmed the landlord did not offer to carry out the painting and decoration works. This was unreasonable. When a landlord completes works to a property, it should restore the walls/ceilings back to their original decorative condition. For example, if the walls were previously painted, the landlord should have offered to repaint the walls or if they had wallpaper on them previously, it should have offered to wallpaper them. There is no evidence that the landlord offered to do this. In addition, the resident confirmed that the value of the decoration vouchers was not enough to purchase all the required decoration products. This resulted in her using her own money in addition to the vouchers to purchase the required decorating products. Her family members then helped her with the decoration works. The Ombudsman recognises that this would have caused additional distress and inconvenience to the resident as well as out of pocket expenses. This has been considered when assessing compensation as detailed further below.
  10. The landlord acknowledged there were delays in completing the works to resolve the damp and mould in its stage 1 and 2 complaint responses. It offered the resident £106.66 compensation for the distress and inconvenience caused by the repair delays. Whilst it is positive that the landlord attempted to put things right, the compensation it offered was not sufficient for the effect its errors would have had on the resident. Therefore, it would be appropriate for the landlord to offer the resident an additional £350 compensation to recognise the distress and inconvenience caused by its poor communication and delays in resolving the damp and mould. The compensation awarded is in line with the Ombudsman’s approach to compensation, which is set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £100 to £600 where there has been a failure by the landlord, which adversely affected the resident, but there may be no permanent impact. In this case, there was no permanent impact as the repairs to resolve the damp and mould were eventually completed, although there was distress and inconvenience for the resident before the repairs were completed.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of damp and mould at the resident’s property.

Orders

  1. The landlord is ordered to pay the resident £350 compensation for the distress and inconvenience caused by its handling of the damp and mould at the resident’s property. This amount is in addition, to the £106.66 the landlord offered in its stage 1 complaint response.
  2. In line with our service’s established approach, the compensation awarded by the Ombudsman should not be credited to the resident’s rent account and should instead be paid to the resident directly.
  3. The landlord must comply with the above order within 4 weeks of the date of this report, providing evidence to the Ombudsman that it has done so by the same date.