Hyde Housing Association Limited (202502398)

Background

1. The resident lives in a ground floor flat. He began to report concerns regarding damp and mould at the start of his tenancy in 2021.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Damp and mould and the associated repairs.
   2. Associated complaint.

Our decision (determination)

3. We have found that:
   1. There was maladministration in the landlord’s handling of the damp and mould and associated repairs.
   2. There was reasonable redress in the landlord’s handling of the complaint.

We have made orders for the landlord to put things right.

Summary of reasons

Damp and mould

4. There was an unreasonable delay in the landlord carrying out an inspection to determine the cause of the issue. There is no evidence that the landlord carried out a risk assessment or considered the impact upon the resident.
5. The landlord did not do enough to try to mitigate the damp and mould while it pursued a long-lasting solution and it did not manage the resident’s expectations. The landlord failed to identify all of its failings and did not offer appropriate redress.

Complaint handling

6. The landlord acknowledged its complaint handling failure at stage 1 and offered reasonable redress.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

7. The resident advised us that he had raised concerns about damp and mould in 2021. Our Scheme states we may not consider issues which were not brought to the attention of the landlord as a formal complaint within a reasonable period of the matters arising. As such, this investigation will deal with the landlord’s handling of issues from 12 July 2023. This was when the resident raised concerns about damp and mould which then led to a formal complaint on 28 February 2024. Any reference to events before this time are for context only.
8. The landlord does not dispute that there were failings in its handling of this matter, in particular in its communication with the resident. The landlord attributes the delays to a lack of engagement from the homeowner of the neighbouring property. Where there are admitted failings by a landlord, our role is to consider whether the landlord took reasonable and appropriate steps to respond to the resident’s reports and offered appropriate redress. In considering this, we assess whether the landlord’s actions were in line with the Ombudsman’s Dispute Resolution Principles: Be fair, put things right and learn from outcomes.
9. On receiving reports of damp and mould, the landlord should arrange an inspection, investigate to determine the cause/s, carry out a risk assessment and, if necessary, undertake remedial repairs within a reasonable timescale that will deal with the cause and consequences of damp and mould – not simply treat the symptoms. The landlord should be able to demonstrate that any delays were unavoidable, and that it did everything it reasonably could to resolve issues appropriately.
10. Following the resident’s report of damp and mould in July 2023, the landlord’s records state that there were “visible tide marks running the length of the party wall”. There is no evidence that landlord carried out an investigation to determine the cause until 19 October 2023. This was an unreasonable delay and one that the landlord failed to acknowledge during the complaints process.
11. The survey carried out in October 2023 determined that the damp and mould was a result of a defect in the neighbouring property, which was privately owned. The evidence shows that the landlord acted promptly and tried to contact the homeowner multiple times between 16 November 2023 – 18 January 2024. However, the landlord failed to communicate its efforts and the current position with the resident. The lack of any updates resulted in the resident raising a formal complaint on 28 February 2024. There is no evidence that the resident was made aware of situation with the homeowner until a further visit from the landlord on 22 March 2024. This demonstrates poor repairs management, poor communication and a lack of transparency. Furthermore, the landlord failed to manage the resident’s expectations by informing him that the matter was likely to take some time to resolve.
12. Within its stage 1 complaint response in April 2024 the landlord appropriately identified that it should have communicated better and committed to providing fortnightly updates going forward. This was appropriate at the time. However, it failed to do as it promised, and the poor communication continued. Within its stage 2 response it acknowledged that it failed to provide the resident with regular updates between July 2024 – September 2024. This shows that the landlord did not learn from its earlier failures.
13. The landlord does not appear to have a specific damp and mould policy. However, it provided this Service with a copy of its self–assessment against our damp and mould spotlight report. Within its self–assessment it says that it introduced a damp and mould tracker in January 2023 to monitor cases. We have not seen any evidence that this case was placed on the tracker. Damp and mould are potential health hazards to either be avoided or minimised in line with the Housing Health and Safety Rating System (HHSRS). Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified.
14. There is no evidence that the landlord carried out any risk assessment. The landlord’s records state that there were major structural and damp issues at the property. The resident has informed this Service that the damp and mould affected both bedrooms, the hallway and the living room. He said that this was having a detrimental impact on his young son and his partner who suffered with asthma. Given the severity of the issue the landlord should have appropriately considered the impact upon the resident and his family.
15. The evidence shows that the landlord reported its concerns regarding the neighbouring property to the local authority. A surveyor from the local authority carried out a visual inspection in April 2024 but did not find anything that could be considered a dangerous structure. They said that the damp within the resident’s property was consistent with rising damp. They recommended a specialist damp survey and a subsidence check. There is no evidence that the landlord acted on this recommendation. Instead, it continued to pursue the homeowner.
16. During the complaints process the landlord explained to the resident that it could not carry out the required remedial works without the homeowner’s permission. While we do not dispute this position it is evident that the landlord did not escalate the matter in a timely manner. It was aware of the party wall restrictions in October 2023 but did not seek legal advice until 12 months later. This was an unreasonable delay which prolonged the distress and inconvenience for the resident.
17. Once the landlord became aware that legal proceedings were necessary it would have been appropriate for it to consider if any further works could be carried out to temporarily reduce the impact upon the resident. The evidence shows that it offered to carry out a mould wash in April 2024 but there is no evidence that this took place or that the landlord reviewed its position once it knew that the matter would not be resolved promptly.
18. Within the landlord’s final complaint response, it made a commitment to resolve the issues within 6 months, this did not happen. The resident has informed this Service that although some remedial works have begun, the damp and mould has not yet been resolved. The resident has begun disrepair proceedings but the matter has not yet been filed with the court.
19. In summary, the landlord failed to appropriately manage the resident’s reports of damp and mould. While it acknowledged some failures within its communication with the resident, it ultimately did not escalate the issue in a timely manner. This resulted in the resident experiencing damp and mould for an unreasonable amount of time. It failed to follow the commitments made within its own self assessment and did not resolve the cause of the issue as it promised. The compensation paid was appropriate for the admitted failings but did not provide reasonable redress for the additional failures identified in this report or the overall impact upon the resident.

20. The landlord has a 2-stage complaints process. It will acknowledge a resident’s stage 1 complaint within 5 working days. It will then provide its written response at stage 1 within 10 working days of its acknowledgement. The landlord will also provide its stage 2 acknowledgement within 5 working days and its response within 20 working day of this.
21. The resident complained to the landlord on 28 February 2024. It did not issue its stage 1 response until 11 April 2024. This exceeded the timeframe set out in the landlord’s complaints policy. The landlord acknowledged this delay by offering the resident £100 compensation. This was in line with the landlord’s compensation policy for a complaint handling failure and is considered reasonable redress.
22. On 30 August 2024 the resident escalated his complaint. The landlord acknowledged the complaint and issued its response in line with its policy and procedure.

Learning

23. It is important that the landlord takes learning from this case to avoid similar issues in future. It is evident that the landlord’s failure to escalate matters with resolving the damp and mould within a timely manner contributed to the overall delay.

Communication and record keeping

24. The landlord acknowledged that its communication was poor following the resident’s initial reports of damp and mould. Despite identifying this failure the poor communication continued. Frustration and dissatisfaction may have been avoided if the landlord had communicated effectively and managed expectations.
25. The Ombudsman’s spotlight report on knowledge and information management, published in May 2023, highlights the importance of good recordkeeping practices.
26. It is vital for landlords to keep clear, accurate and easily accessible records to provide an audit trail of events. This helps us to understand the landlord’s actions and decision-making at the time. If this Service investigates a complaint, we will ask for the landlord’s records. If there is disputed evidence and no audit trail, we may not be able to determine that an action took place or that the landlord acted fairly and in line with its policies.