Lambeth Council (202303160)

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REPORT

COMPLAINT 202303160

Lambeth Council

30 September 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

  1. The complaint is about the landlord’s handling of the resident’s reports about:
    1. Staff members using the estate cleaners’ room.
    2. The water pressure.
    3. Damp and mould.
  2. The Ombudsman has also investigated the landlord’s complaint handling.

Background and summary of events

  1. The resident was a secure tenant of the landlord. The tenancy started in May 2018 and the resident moved out of the property in March 2024. The property is a 1-bedroom flat. The landlord had physical disabilities recorded for the resident. The landlord is responsible for providing cleaning in the communal areas. The property is situated above a room which is used by the communal cleaning team.
  2. On 18 October 2020, the resident told the landlord in an email that she heard activity from the cleaners’ room on 2 recent weekends, late at night and in the early hours of the morning. She said she heard the taps being used as the air from the cleaners room pipes comes up into her flat when turned on and when the toilet in the cleaners room was flushed. The landlord responded the following day to confirm it had requested an investigation into the reports.
  3. The resident told the landlord on 20 October 2020 that she called the police the previous night. When the police arrived the cleaners’ room door was locked and showed no signs of forced entry. She provided the police reference number.
  4. The resident reported water pressure issues with all taps in the property on 26 May 2021.
  5. The landlord’s records noted an inspection raised on 14 September 2021. This noted the bathroom ceiling was cracked and required replastering, and a small section of mould in the bathroom to be washed down.
  6. The landlord raised a works order on 15 September 2021 in relation to damp and mould. This was to replaster the bathroom ceiling, wash down mould in the bedroom and paint affected area with mould resistant paint. This work was completed on 29 November 2021.
  7. On 13 December 2021, the landlord raised a works order to inspect the roof and report back following a report of water ingress into the bathroom.
  8. On 14 December 2021, the landlord raised a works order following a report from the resident of low water pressure from all taps in the property.
  9. On 20 December 2021, the resident contacted her MP about her concerns about the use of the cleaners’ room beneath her property and noise from an extractor fan in the room. The resident said the cleaners were leaving the fan on over the weekends. The resident said the cleaner was going into the cleaners room after midnight and was sleeping in the room. She said she sent photos to the housing estate officer and was asked if she wanted to report the matter further to the police. The resident said within the last couple of months the cleaner had followed her onto a bus once, and a couple of days later followed her husband. The resident said she was not sure why her complaints about the cleaner had been overlooked.
  10. On 18 January 2022 the landlord raised works to locate the stopcock at the property.
  11. On 8 February 2022, the resident’s MP sent the resident’s email from 20 December 2021 to the landlord and asked it to address her concerns.
  12. On 11 February 2022 the landlord completed works raised to repaint affected areas treated in November 2021.
  13. A works order raised by the landlord to locate the stopcock at the property was noted as completed on 14 February 2022. The notes from the job stated the main stopcock was located in the cleaners room below the property. The contractor advised the resident to contact the landlord to get a stopcock installed inside the property. The resident contacted the landlord on this date to request this.
  14. On 2 March 2022, the resident contacted the landlord and said works had been completed to the water pressure but the issues remained.
  15. On 4 March 2022, the landlord emailed the resident. It said it had investigated her concerns about the use of the cleanersroom thoroughly. It said a new fan was installed and repairs had been raised in relation to the reports about the noise from the door banging. It said the issues were discussed with its contractor and the cleaner would no longer be working on the estate. It said moving forward steps would be taken to ensure the fan inside the cleaners room was turned off at the end of the day to reduce noise.
  16. The resident responded to the landlord on 7 March 2022. She said the following:
    1. She was confused about why she was not able to know anymore details about the cleaner no longer working there.
    2. A room and access to a metal door cupboard directly under her flat to cleaning contractors was not appropriate.
    3. She had a health condition of a herniated disc in her neck vertebrae, she provided this information to housing officers but it was not taken into consideration. The situation with the cleaners had added to her poor health condition by her dealing with high levels of stress.
    4. What the landlord had done to resolve the issue since 2018 was not good enough.
    5. There were remaining issues with cleaners using the room, banging the door unnecessarily.
    6. The solutions to the extractor fan, and air coming through pipes when the sink was used in the room were ineffective.
  17. The landlord emailed the resident on 11 March 2022, it said it could not go into specific reasons about the cleaner being removed from the estate due to data protection. It confirmed the reasoning was not in regard to safety concerns for residents. It advised the resident to contact the police if she felt an immediate threat to her safety. The landlord said a full investigation was completed and the measures taken would minimise the noise and inconvenience caused.
  18. The resident responded the same day. She said the cleaners being told to turn off the extractor fan at the end of the day was not a solution. The resident said the extractor fan was connected to the light switch and it would help if they were separate. The resident said the door of the cleaners room did not have a slow close function and this would solve the issue of it being slammed.
  19. On 14 March 2022, the landlord told the resident it had asked a surveyor to look at the door to the cleaners room and added a survey of the extractor fan to the order raised for a new one.
  20. The resident emailed the landlord on 5 April 2022 to follow up on the jobs raised to the cleaners’ room. The resident said a detached premises for the cleaners on the estate would be more appropriate.
  21. The landlord responded the following day. It said it had sent the concerns to the relevant departments. The resident responded later that day and asked what steps she needed take to move out. She said if the cleaners room was going to remain under her property she would have to move.
  22. The landlord emailed the resident on 11 April 2022. It said the estate services manager visited the site on 7 April 2022 and had confirmed there was no alternative site for the cleaners’ room. It provided the resident with the link to apply for the housing transfer list.
  23. The resident emailed the landlord on 13 April 2022. She said she believed the cleaner who had been removed from the estate arrived at the cleaners’ room that morning. The resident asked if the landlord could complete an assessment on another suitable place on the estate for the cleaners room. The landlord responded that day. It confirmed the cleaner the resident had heard was the replacement cleaner.
  24. On 18 May 2022, the resident emailed the landlord. She said the change of extractor fan had not made any difference to the noise in her property.
  25. The resident emailed the landlord on 25 May 2022 with a photo of a cleaner. She said the photo was taken 20 May 2022 and the cleaner was drunk. The resident said she had felt someone was going into the cleaners’ room out of hours. The resident said the room should no longer be used for cleaning staff and a room should be found elsewhere.
  26. The resident emailed the landlord on 18 October 2022 following a visit to her property by a housing officer. The resident said she was not satisfied with the landlord’s investigation into her complaint issue about the cleaners’ room. The resident said she had been experiencing the issues since 2018 and had now asked to be put on the transfer list to move out.
  27. The landlord provided a stage 1 response to the resident on 7 December 2022. It said the following:
    1. It was sorry for the delay in responding.
    2. A housing officer visited the resident on 28 September 2022 about the resident’s concerns with the fan in the cleaners’ room.
    3. It established during the visit that there was no noise when the fan was left on.
    4. A new fan was fitted earlier in the year and no further action was to be taken at that time.
  28. The resident emailed the landlord on 13 April 2023. She said she was making a complaint about the same issues she had reported several times before since 2018. The resident said the following:
    1. For the third time someone was sleeping the in cleaners’ room. She had noticed this from the beginning of March 2023 on evenings and weekends.
    2. There had been continued extreme door slamming of threatening and intimidating behaviour by some of the estate cleaning staff.
    3. She had been willing to give up her flat due to what she had experienced. The landlord had turned down her request to move into a flat not attached to the cleaners’ room. 
    4. She believed the findings of the noise investigations were inconclusive. This only checked the extractor fan issue and not the other complaints about air coming up the pipes, and the impact om the water pressure when the toilet and taps in the cleaners’ room were used.
    5. The other neighbours next to the cleaners room may not have reported anything because they were friends with some of the cleaners.
    6. The resident had photos of 2 different cleaners on 2 different occasions sleeping in the cleaners room.
    7. The property had damp. She reported the issue in September 2021. There was a constant wet patch on the bedroom wall.
    8. The laminate flooring was damaged by the damp and she recently had to throw away a wardrobe.
    9. The property was cold and was not retaining heat due to living over an underpass walkway and keeping the windows ajar.
    10. The property was bad for her health.
    11. She no longer wanted to live in the borough.
    12. The situation was probably going to get worse and continue to affect her quality of life and health.
  29. The landlord emailed the resident later on that day. It apologsied for any inconvenience or distress caused by the resident’s concerns about cleaners sleeping in the cleaners’ room. It said cleaners should only be using the room during the working day, and not after 6pm. It said as a precaution it had changed the locks to the room and had given the key to only those with authorised access. It said the cleaner in the complaint was no longer working for the contractor and would not have access to the room. It said the cleaner was interviewed and admitted they had been sleeping in the room as they were homeless. It said it would be adjusting the doors so that they did not bang when closed. It said it had passed the reports of damp and mould to the repairs team for a response.
  30. The landlord’s internal correspondence on 19 April 2023 stated it called the resident to arrange an inspection of the damp and mould and this was declined by the resident. It said the resident advised she had submitted an enquiry to this Service and was awaiting an update.
  31. The resident emailed the landlord on 20 April 2023. She said the issues remained with the cleaners’ room and the door was still being slammed. The resident asked why there were no camera to monitor the ongoing problem. She said her property was connected to the cleaners room and shared water supply pipes, which intruded on her usage and caused noise when the taps in the room were turned on.
  32. On 21 April 2023, the landlord contacted the resident to arrange a mould wash. The notes stated the resident said she did not want the work raised and the job was closed. 
  33. On 5 May 2023, the landlord provided the resident with a stage 1 response to a complaint about the conduct of the cleaners made on 13 April 2023. It said its contractor had confirmed it changed the locks and the person found sleeping in the cleaners room was relieved of their duties. It said it was unable to facilitate an out of borough transfer but had created a transfer application for the resident to move within the borough. It provided the details for this and instructions. The landlord said it was sorry for any frustration and upset experienced. It said the complaint was partially upheld as the cleaners’ room was being used by a staff member for personal use.
  34. The resident emailed the landlord on 5 May 2023. She requested the roof and gutters were checked before a mould wash was completed. The resident said repairs had been raised on numerous occasions but the problem still remained. The resident said the damp was on the windows and had rotted some places on the frame. The resident said the noise from the cleaners was still ongoing. The resident said she wanted the roof and guttering checked and fixed, an investigation into the cause of the damp and mould and the permanent removal of this, compensation for the time taken to fix the issues, and for the cleaners’ room and cupboard to be closed or surveillance fitted to the room.
  35. The landlord emailed the resident on 9 May 2023. It said the complaint related to the cleaner and there was no mention of the repairs. It advised the resident to contact the service centre to report repairs. The landlord said the cleaners needed to have a base to take breaks and it was unfortunate that the resident’s home was next to this. It said the cleaners were entitled to be there and no action would be taken to remove them or close the area down. It said compensation would not be awarded as there was no service failure.
  36. The resident responded to the landlord on 10 May 2023. She said the cleaners were not taking breaks but living in the room. She said they continued to slam doors and use the room after work hours. The resident said she had mentioned damp and mould in her complaint and had sent photos.
  37. On 13 June 2023, the resident told this Service she had not received a response about her complaint. On 13 June 2023, this Service wrote to the landlord. We asked it to respond to the resident’s complaint about the cleaners room, issues with water pressure, and reports of damp and mould.
  38. On 16 June 2023 the landlord told this Service it issued a stage 1 response on 7 December 2022. It said it had logged the matter as a final review complaint because the resident remained unhappy.
  39. The landlord raised a works order to rectify the poor water pressure at the property on 13 July 2023.
  40. The landlord provided its final response on 18 July 2023. It said the following:
    1. On 28 September 2022 it visited the resident and carried out an investigation into the noise. It asked the cleaner to put the fan on in the cleaners room and would not hear any noise from the extractor fan while in the property. The investigation was completed around 10 times and no noise was noted.
    2. A month prior to this, its contract manager visited the resident’s property and could not hear any noise.
    3. It changed the door closure to avoid noise from the door slamming.
    4. It installed a new extractor fan in the cleaners room.
    5. The cleaners room would remain as it did not feel the noise was affecting the property from observations.
    6. It had completed all repairs to the eradicate any noise.
    7. The cleaners were aware not to bang any doors or make noises.
    8. It had raised a works order to carry out a water pressure check.
    9. It had arranged an inspection of the damp and mould on 19 July 2023.
    10. It appreciated the resident’s frustration at the amount of time it had taken to address her concerns.
  41. On 18 July 2023, the resident contacted this Service and said she remained unhappy with the landlord’s final response. She said she did not feel it had exhausted all options to address her concerns about the cleaners. The resident said the investigation into the noise from the fan took place no more than 4 times. She said capturing the sounds was not easy and the investigation by the landlord was not a fair conclusion.

Events after the completion of the landlord’s complaints process. 

  1. On 27 July 2023, the landlord confirmed it had inspected the resident’s property and reported no significant signs of mould growth or water penetration. It said the resident reported an issue when the cleaners was using the water in the room below. It ordered the following:
    1. Overhaul PVCu windows to the bedroom, living room, kitchen, bathroom.
    2. Renew condensation control fan.
    3. A Damp Survey.
    4. Apply Silicone sealant around bathtub & basin leave watertight joint.
    5. A mould wash
    6. Water pressure and water hammer issue.
    7. Heating Operatives to check condition of all radiators.
  2. On 28 July 2023, the landlord raised a works order for a survey to be carried out to determine if the cleaners room could have its own cold water main supply installed.
  3. The landlord’s repair records noted it completed works raised to check the condition of the radiators on 31 July 2023.
  4. The landlord received a quote by a contractor to install a new cold water main supply feeding the cleaners room on 1 August 2023. This work was authorised by the landlord on 8 August 2023.
  5. The landlord’s repair records noted it completed works raised for a damp survey on 12 August 2023. The notes stated no recommendations were made for any works required.
  6. The landlord’s repair records noted it completed works raised to apply silicone around the bath and basin on 21 August 2023. On this date the landlord also completed a repair to replace the bath and basin taps in relation to the water pressure.
  7. On 23 August 2023 the landlord completed the repair to overhaul the windows at the property.
  8. Works to install the new main water supply to the cleaners room and a standpipe were completed on 29 August 2023.
  9. The landlord’s repair records noted it completed works raised to renew the condensation control fan on 4 September 2023.  
  10. The landlord’s repair records noted it completed a mould wash on 7 September 2023.
  11. On 21 November 2023, the resident told this Service the damp and mould issues had not been resolved and she had experienced issues with cleaners leaving items outside of her property and causing disturbances. The resident said she wanted to be relocated to another property. The resident told this Service on 25 November 2023 that a wardrobe and flooring was damaged by damp. She said the walls in the bedroom were mould washed and skimmed but the issue was arising again.
  12. The resident raised a further complaint to the landlord on 6 December 2023. This was about damp and mould in the property becoming worse due to cold weather, damp and mould on windows, the impact on the resident’s health, a request to move, and damage to a wardrobe.
  13. On 19 December 2023, the landlord confirmed a surveyor appointment the following day at the resident’s property.
  14. The landlord responded to a complaint at stage 1 of its complaints process on 8 January 2024. The landlord said it had authorised the permanent move to another property. The landlord said if any personal belongings were damaged, residents were initially advised to claim via their home contents insurance. It said the resident had the option to explore a claim via the landlord if deemed appropriate and provided a link with details of how to make a claim.
  15. On 10 January 2024, the resident contacted the landlord about the permanent decant to another property. The resident said she believed the landlord should compensate her for damages and the affect to her health of the stress, and damp and mould, The resident said she had experienced additional problems caused to her back due to having place her mattress on the floor in the living room to sleep because the bedroom was uninhabitable. The resident told the landlord she had to leave her job due to hurting her back getting off the mattress on the floor.
  16. The landlord emailed the resident on the same day and advised her she had the right to submit a public liability claim for any damages caused to her personal belongings. The landlord said compensation would not be awarded on as the resident may qualify for a home loss/disturbance payment which formed part of the transfer.
  17. The resident emailed the landlord on 17 January 2024 to report further concerns about cleaners sleeping in the room below her property.
  18. The resident was permanently decanted into another property in March 2024.
  19. The resident contacted this Service on 4 April 2024. She said she had been moved to another property with a damp and mould problem.
  20. The resident emailed the landlord’s complaints team on 15 April 2024. She raised several concerns about her new property. The resident said one of the cleaners she had previously reported to the landlord for sleeping in the cleaners’ room beneath her former property, and following her on 2 occasions, was a cleaner on the estate her new property was located on. The resident asked the landlord to escalate her complaint made in December 2023. The resident was dissatisfied with the outstanding repairs to the new property, raised further issues with the estate cleaners, and requested to be moved.
  21. The landlord provided a final response to the resident’s further complaint on 23 May 2024. This landlord said the issues with the cleaners were resolved because she had been decanted to another address. It said this was still being investigated under her previous complaint.

Assessment and findings

Scope of Investigation.

  1. In her submissions to the Ombudsman, the resident has referred to further issues which do not relate to the complaint under investigation. The Ombudsman cannot consider the complaints about the resident’s new property, further damages to furniture and belongings, a transfer request, or the further reports about cleaners. This is because these issues were raised as a further complaint made to the landlord in December 2023 and escalated in April 2024. In accordance with paragraph 42.a. of the Housing Ombudsman Scheme and in the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s formal complaint which were addressed in the landlord’s final response on 18 July 2023. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to the involvement of this Service.
  2. The resident raised during the complaint process that the damp and mould issue had been reported in 2021 and the issues with the cleaners had been ongoing since 2020. While the historical issues provided contextual background to the current complaint. This investigation has primarily focused on the landlord’s handling of the resident’s recent reports from 2022 onwards, that were considered during the landlord’s complaint responses. This is because in accordance with paragraph 42.c. of the Housing Ombudsman Scheme, residents are expected to raise complaints with their landlords normally within 12 months of the matters arising. This is so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.
  3. In raising her complaint, the resident referred to the situation impacting upon her health. While this Service is able to assess the service the landlord provided, and any overall distress or inconvenience this may have caused, the investigation cannot directly assess any reported impact on health or the liability for impacts on health and wellbeing, as this is better suited for the courts.
  4. Part of the resident’s complaint to this Service related to damages to furniture and personal items. Determining liability and awarding damages are legal aspects that this service has no jurisdiction over. Such matters require a binding decision from a court or consideration via an insurance claim. This service can, however, consider the landlord’s response to the resident and if it had acted fairly and reasonably, and in line with its policies and procedures.

Policies, procedures & legal obligations.

  1. The landlord has a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property. The landlord has a responsibility under the Housing Health and Safety Rating System (HHSRS) introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord was required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
  2. The landlord’s repairs policy says the landlord will repair the structure of the resident’s property including the roof, walls and ceilings. It will repair and keep in good working order any installation for supplying water and toilet facilities. Residents have a responsibility to maintain, repair and replace small faults and cracks in plaster, wallpaper and paint work.
  3. The landlord’s repairs manual 2021 says it uses repair priorities to decide how urgent a repair is and how long it can take to fix. The manual says R1 routine repairs are fixed within 7 working days, R2 routine repairs within 28 working days and planned repairs within 90 days. It says the landlord is responsible for carrying out maintenance of shared areas.
  4. The landlord’s compensation policy says the landlord should consider offering a remedy which includes financial redress if after investigating a complaint it finds a service failure has occurred that has an adverse affect on a resident. It says the landlord should not consider compensation where the complaint is covered by its insurance policy or is a personal injury claim.
  5. At the time of the resident’s complaint, the landlord had a two-stage complaint process for formal complaints. At the local resolution stage, the landlord will provide a response within 20 working days. A resident can escalate a complaint if they are not happy with the response at stage one to the review stage. The policy says the cause of the dissatisfaction must have occurred within six months of the complaint being raised. The policy says the review will not normally address new issues that were not previously raised at the review stage.
  6. The Complaint Handling Code sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate. This should not exceed a further ten working days without good reason. The Code also states that landlords must address all points raised in the complaint and provide clear reasons for any decisions.

The resident’s reports about staff members using the estate cleaners’ room.

  1. It is not the Ombudsman’s role to determine whether any noise nuisance or the reports about the cleaning staff took place as alleged. The Ombudsman’s role in these types of complaints is to consider the evidence available to determine whether, in response to reports by the resident, the landlord responded in accordance with its relevant policies and procedures and if its actions were fair and reasonable in all the circumstances of the case.
  2. The resident raised concerns about noise from the cleaners room and cleaning staff accessing the room overnight to her MP in December 2021. The landlord took the appropriate action of investigating the issue and confirmed to the resident that the staff member she had raised concerns about was no longer working on the estate. It also raised a repair to install a new fan and steps to reduce the noise. Although this was confirmed to the resident on 4 March 2022, the landlord received the email about the matter on 8 February 2022. It was not clear when the resident had raised the issue prior to this.
  3. The landlord’s stage 1 response in December 2022, and its final response in July 2023 confirmed the investigations the landlord had taken into the reported noise from the cleaners room. It describes an investigation carried out in September 2022 into the noise. The action by the landlord to attend the property to listen to the noise from the fan was appropriate. However, it was not clear what investigations it had taken prior to this point to assess the noise level. 
  4. The resident requested on multiple occasions that the cleaners room be moved from below her property. The landlord demonstrated that it took this into consideration. It visited the site in April 2022 and confirmed to the resident that this was not possible. It confirmed this again to the resident on 9 May 2023 and in its final response. Given the outcome of the investigations into the noise by the landlord up to this point had concluded the noise was not causing a significant disturbance, this was a reasonable response by the landlord.
  5. Its complaint response concluded that the noise was not present from the fan, and the Landlord was entitled to rely on the investigation completed by its staff. However, given that the investigations happened in September 2022 and the resident had since reported further concerns about noise, the landlord did not demonstrate it was prepared to investigate this further in its final response. The landlord’s final response did not set out any other options for further investigating or monitoring. The landlord also did not demonstrate that it considered any other options into measuring the noise such as a noise app or a noise diary. It also did not look into any further solutions for the resident.
  6. The landlord confirmed to this Service that works were carried out to the cleaners room which included a door closer, post box basket and extractor fan. These were appropriate actions taken by the landlord to reduce noise. Although it is noted the landlord did not confirm the dates these repairs were carried out.
  7. It was evident there was a delay to completing the works to the door closer. The landlord told the resident on 14 March 2022 that it had asked a surveyor to look at the door to the cleaners’ room in response to her concerns about the slamming of the door to the room.  On 13 April 2023, the landlord said it would be adjusting the doors so they did not bang when closed. It is not clear when this work took place. Considering the landlord was aware of the issue with the door slamming in March 2022, and the resident continued to report disturbance from this on a number of occasions, the landlord unreasonably delayed completing this work. The resident had made the landlord aware of the impact of the noise from the room on her health in March 2022. The landlord did not demonstrate it had taken this into consideration in the timeliness of its response here.
  8. It was evident here that the landlord took actions to investigate the issues raised by the resident about the conduct of cleaning staff. It confirmed to the resident in March 2022 that a staff member would no longer be working on the estate. The resident was dissatisfied that the landlord was not able to share any further details about this. This Service appreciates the resident was distressed by the events and concerned about her safety. However, the landlord’s response that it was unable to share details due to data protection was reasonable. It did confirm it was not in regard to safety concerns, and this was appropriate.
  9. The resident raised further concerns about staff accessing the cleaners room out of hours in May 2022. It was not clear if the landlord investigated these concerns at the time or responded to the resident about her reports. The resident raised concerns again about someone sleeping in the room on 13 April 2023. The landlord confirmed in its stage 1 response on 5 May 2023 that it had conducted an investigation and the staff member sleeping in the cleaners’ room was no longer working for the contractor. This demonstrated the landlord taking action. However the resident reported further concerns about staff accessing the room outside of working hours on 5 and 10 May 2023. It was not clear if the landlord took any action in relation to these further reports.
  10. The resident had to repeatedly report issues with staff members accessing the cleaners room outside of working hours to the landlord during the complaint period. This demonstrated the landlord was not effectively managing the access to the room. While the landlord and its contractor took steps by removing staff members, and changing the locks, the resident still experienced the distress and inconvenience of continuing to report this matter.
  11. This Service noted that following the landlord’s final response in July 2023, the resident has raised a further complaint about communal cleaning staff. This was about a staff member who she had previously reported now working on the estate she had moved to. The resident was told by the landlord in May 2024 that the issue was resolved because she had been decanted and it was still being investigated under her previous complaint reference. This Service is not able to consider the further issues with the communal cleaners at the resident’s new property as the events have taken place after the end of the complaints process we are investigating. As such, a recommendation has been made for the landlord to contact the resident about her further concerns and consider if it needs to raise a further complaint for her about this matter.
  12. Overall, the landlord took reasonable steps to investigate the resident’s concerns about staff members using the estate cleaners room. It took action with cleaning staff following the resident’s reports of a staff member sleeping in the cleaners room. However, it did not demonstrate that it had effectively managed the access to the room as the issue occurred again. The landlord took steps to reduce the noise reported. It replaced the fan, installed a door closer, and confirmed that cleaning staff had been advised not to slam doors. The work to install a door closer took loo long. As such the resident continued to report disturbance from the door slamming for a prolonged period of time.
  13. The landlord’s refusal to move the cleaners’ room elsewhere was reasonable in the circumstances, given the results of the investigations it had carried out in September 2022. However, the resident was still experiencing noise, demonstrated by her continued reports. The landlord failed to undertake any further investigations after September 2022 into the noise from the fan. As a result, the resident continued to report noise disturbance from the room and raised a further complaint.
  14. The landlord did not demonstrate it had managed its staff and contractors effectively. The resident had to take the time and trouble of continuing to report her concerns about this. The landlord failed to identify its failure here and the detriment caused to the resident.  As such there was maladministration in the landlord’s handling of the resident’s reports about staff members using the estate cleaners’ room. In line with the Ombudsman’s remedies guidance, compensation of £250 is considered reasonable for the landlord’s failures here.

The residents reports about the water pressure.

  1. From the landlord’s records, it was evident the resident had raised reports about water pressure on a number of occasions from 2018 onwards.  In January 2022, the landlord raised works to locate the stopcock at the property following a report by the resident of low water pressure in December 2021. Following a repair appointment on 14 February 2022, the operative attending noted the main stopcock for the resident’s property was in the cleaners room.
  2. The resident told the landlord on 2 March 2022 that the issues with the water pressure remained. The landlord did not provide evidence to demonstrate it further investigated this issue until July 2023. The resident raised the issue again of the water pressure in April 2023 and said this was affected when the water was used in the cleaners room. It was evident the landlord did not take action to resolve the water pressure issue between the resident’s property and the cleaners room until this Service asked the landlord to respond to the resident’s complaint in June 2023.
  3. The landlord completed works to replace bath and basin taps in relation to the water pressure on 21 August 2023. It installed a new cold water main supply feed to the cleaners room, and a standpipe on 29 August 2023. This was a timeframe of over 17 months from the resident reporting the issue still remained in March 2022. The timescale here was unreasonable. The landlord confirmed to this Service that it received no further reports from the resident about the water pressure following the completion of the work.
  4. The landlord’s final response said it would carry out a water pressure check. Its repair records demonstrated it carried out investigations, approved the work and completed this. However, the landlord failed to take action prior to July 2023 to fully resolve the matter for the resident. It was not clear why further works were not carried out when it was established the resident’s property and the cleaners room shared a supply. As a result of the landlord’s delay, the resident continued to experience problems with the water pressure at her property. She also had to take the time and trouble to follow up on this issue and raise it as a complaint for it to be resolved.
  5. Overall, the resident experienced delays to the landlord completing works to resolve the issues she experienced with the water pressure in her property. While the landlord resolved the water pressure issues, it unreasonably delayed in doing so. This caused the resident distress and inconvenience. The landlord failed to acknowledge its failure to address the issue prior to its complaint response. As such, there was maladministration in the landlord’s handling of the resident’s reports about water pressure.
  6. Compensation of £300 has been ordered. This is in line with the Ombudsman’s remedies guidance for cases where the landlord’s failures have adversely affected a resident, and the landlord has failed to acknowledge its failings.

The resident’s reports about damp and mould.

  1. This Service published a spotlight on damp and mould report prior to this complaint. This stated that landlords should have a ‘zero tolerance approach’ to damp and mould and be proactive in identifying potential issues. It says that landlords should look beyond the immediate symptoms, such as wet walls, and look to find the cause.
  2. In her complaint in April 2023, the resident told the landlord the damp she reported in September 2021 remained. The landlord’s records showed it completed works to damp and mould in the bathroom and bedroom in November 2021. The landlord’s records did not show any further reports until the resident’s email on 13 April 2023. Following this the landlord took the appropriate action of attempting to book a mould wash and an inspection of the damp and mould. However, it was noted the resident declined this.
  3. Following the stage 1 response from the landlord on 5 May 2023, which failed to address the damp and mould she had raised, the resident contacted the landlord on 5 May 2023. She asked for the roof to be fixed and an investigation into the damp and mould. The landlord advised that the complaint related to cleaning and there was no mention of repairs. Its advice to contact the service centre about repairs was unreasonable. It would have been appropriate for the landlord to follow up on this issue internally for the resident. It missed an opportunity here to address the issue earlier for the resident.
  4. The landlord also failed to respond to the resident’s concerns about damage to her flooring and a wardrobe from the damp and mould. This Service was not able to comment on whether the landlord was liable for the damage to the resident’s possessions, because we do not have the authority or expertise to determine or award damages for liability in the way that a court or insurer might. However, the landlord should have provided the resident with its policy regarding insurance claims. It is noted the landlord provided the resident with this information in January 2024 following a further complaint.
  5. Following the landlord escalating the resident’s complaint to stage 2, the landlord arranged an inspection of the damp and mould at the resident’s property for 19 July 2023. This was an appropriate action by the landlord to investigate the resident’s concerns. The landlord’s notes from the inspection said the property showed no signs of mould growth or water penetration. It ordered works to resolve the issues including a damp survey and a mould wash. This was an appropriate action to take to investigate the cause and treat the mould in the interim.
  6. The landlord completed the works raised on 27 July 2023 by 7 September 2023. This included a damp survey on 12 August 2023. This service has not seen a copy of the survey. The notes stated no recommendations were made for further works.
  7.  It is noted the resident raised a further complaint to the landlord about the damp and mould returning in December 2023. It is important to note that it is not the Ombudsman’s role to determine exactly what repairs or works are required at the property, but rather, to decide whether the landlord has responded to the resident’s reports of issues appropriately. Following its final complaint response in July 2023, the landlord demonstrated it carried out the works required in accordance with the surveys it had completed at the time.
  8. This Service notes the landlord implemented a repairs and damp policy in August 2023. While this was not in place at the time of the resident’s complaint, this sets out how the landlord now responds to damp and mould. This policy says the landlord will arrange an inspection to diagnose the issue within 28 days. It will provide ongoing support and a point of contact until the work is completed. It will also prioritise the removal of mould with an initial wash and treatment to be carried out within 7 days.
  9. In summary, following the resident’s complaint in April 2023, the landlord attempted to arrange an inspection of the property and complete a mould wash, however the resident declined this. The landlord did take the appropriate action of arranging an inspection. It completed works raised following this, including a damp survey. The landlord did not take action following the resident’s emails about damp and mould on 5 and 10 May 2023. As such it missed an opportunity to investigate this earlier for the resident. As a result, the resident had to take the time and trouble to follow to contact this Service for assistance with this part of her complaint.
  10. The landlord failed to acknowledge this failure in its final response. Therefore, there was service failure in the landlord’s handling of the resident’s reports about damp and mould. It is appropriate to order compensation of £50 to account for the time and trouble taken by the resident to follow up on the issue. This is in line with the Ombudsman’s remedies guidance where there was a failure in service and the landlord failed to appropriately acknowledge this.

The landlord’s complaint handling.

  1. From the complaint reference numbers, it was evident the landlord’s final response on 18 July 2023 was the second stage of the stage 1 it had responded to on 7 December 2022. This stage 1 complaint was in relation to the resident’s reports about the cleaners’ room.
  2. The resident raised a further complaint on 13 April 2023. This was about the use of the cleaners room and noise, water pressure, damp in her property, damage to flooring and a wardrobe due to damp, and a request to move. The landlord provided a stage 1 response to the resident on 5 May 2023. This response failed to address the resident’s concerns about the damp and mould, damage to flooring and furniture, and the water pressure. This did not comply with the Code.
  3. Following contact from this Service, the landlord provided a stage 2 response to the resident on 18 July 2023. This addressed her concerns about the cleaners’ room, water pressure, and damp and mould. While the landlord addressed the issue about the cleaners’ room at stage 1, it had not investigated the other issues at stage 1. As such, the resident missed the opportunity for her full concerns to be investigated at stage 1 prior to a review at stage 2. This was not in line with the landlord’s 2 stage complaints policy or the Code.
  4. The resident made a complaint about the cleaners’ room on 18 October 2022. The landlord issued its stage 1 response on 7 December 2022 . This was a timeframe of 36 working days. This did not meet the timescales set out in the landlord’s complaint policy or in the Code. It was noted the landlord acknowledged the delay and apologised.
  5. It is noted that the timeframes in the landlord’s complaints policy at the time were not in line with the response timeframes detailed in the Ombudsman’s Complaint Handling Code. This Service acknowledges that the timescales set out in the landlord’s complaint policy effective from April 2024 now align with the Code.
  6. In summary, the landlord’s complaints process took too long and part of the resident’s complaint was not addressed as a stage 1 complaint. The resident had to take the time and trouble to contact this Service for assistance in order to receive a response on part of the complaint she raised. This caused her distress and inconvenience, as she continued to follow up on the issues she had raised with the landlord. The landlord acknowledged its delay at stage 1 and apologised for this. However, it failed to recognise its further failures here. Therefore, there was maladministration in the landlord’s complaint handling.
  7. It would be appropriate for the landlord to pay the resident total compensation of £200 for the inconvenience, time, and trouble caused by its poor complaint handling. This is in line with the Ombudsman’s guidance on remedies for instances of maladministration which have adversely affected a resident.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports about staff members using the estate cleaners room.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports about the water pressure.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s reports about damp and mould.
  4. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s complaint handling.

Reasons

  1. The landlord took actions to attempt to resolve the resident’s reports of cleaning staff using the estate cleaners room. However, it did not demonstrate it managed access to this room appropriately. It failed to recognise the distress and inconvenience caused to the resident of continuing to report issues.
  2. The landlord delayed in resolving the issues with the water pressure. The landlord took appropriate action following its stage 2 response but failed to acknowledge its failure to resolve this for the resident prior to this.
  3. The landlord took appropriate actions following the resident’s complaint about damp and mould. However, there was a delay in it actioning the resident’s request for action.
  4. The landlord failed to address all parts of the resident’s complaint at stage 1. It did not respond to the resident’s complaint within a reasonable timeframe.

Orders and recommendations

Orders.

  1. The Ombudsman orders the landlord to apologise to the resident in writing for the failings identified in this report.
  2. The Ombudsman orders the landlord to pay the resident total compensation of £800. Compensation should be paid directly to the resident, and not offset against any arrears. The compensation comprises of:
    1. £250 for the distress and inconvenience caused by the landlord’s handling of the resident’s reports about staff members using the estate cleaners room.
    2. £300 for the distress and inconvenience caused by the landlord’s handling of the resident’s reports about the water pressure.
    3. £50 for the inconvenience caused by the landlord’s handling of the resident’s reports about damp and mould.
    4. £200 for the inconvenience, time and trouble caused by the landlord’s poor complaint handling.
  3. The landlord is to provide evidence of compliance with the above orders to this Service within four weeks of the date of this report.

Recommendation.

  1. The landlord is to contact the resident about her further concerns about communal cleaning staff at her new property, and consider if it needs to raise a further complaint for her about this matter.