Leeds City Council (202220418)

REPORT

COMPLAINT 202220418

Leeds City Council

31 May 2023

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 of damp and condensation in the property.

Background

2. The resident is a secure tenant of the landlord. The property is a one-bedroom, ground-floor flat, in a one-storey building.
3. For context, the resident had raised a previous complaint with the landlord in 2016 relating to damp and mould within the property. In addition, a disrepair case was raised, which resulted in several works being completed within the property, and the resident being awarded £8941.36. The disrepair case was finalised in November 2018.
4. In January 2022, the landlord’s surveyor completed an inspection of the property and reported that the temperature in the property was too low, and that clothes drying on the radiator had resulted in condensation in the hallway. In addition, it reported that no damp was present in the property, but that works would be raised to re-seal the bath due to mould on the sealant. Between June 2022 and July 2022, works were raised and completed to repair an extractor fan in the kitchen.
5. In August 2022, a further inspection took place. The surveyor reported that the plaster in the property was fine, and that the cracking was cosmetic. Further readings were taken which found that the property was dry, with no damp present. However, it did identify that there was moss within the trickle vents, and raised works for this to be removed. The surveyor reported that no repairs were needed in the property. It informed the landlord that the resident was dissatisfied with the property, and wanted to move.
6. The resident raised a complaint with the landlord on 20 September 2022. She was dissatisfied with the condition of the property, and felt that it was unsuitable to live in. She stated that she felt the property was irreparable. She also stated that the condensation and damp had resulted in bubbling paint, damp smelling cupboards, cracks on the walls and skirting boards, and mouldy belongings. She stated that the she had to leave the windows open constantly, which resulted in higher heating costs.
7. On 6 October 2022, the landlord issued its stage one response. It stated that a technical surveyor had attended and found no damp, though it did observe condensation that was not caused by structural issues and therefore needed to be resolved with proper heating and ventilation. It added that moss had been found in trickle vents which it would attend to. It provided advice on how the resident could request to move, and how to remedy condensation in the property. It also suggested that the resident could contact the government about any further support available to her in relation to heating costs.
8. The resident escalated her complaint on 31 October 2022. She stated that she did not believe she should need to leave the heating on and windows open to ventilate the property, and believed it was the landlord’s fault. She added that she did not want to move, and had initially wanted to buy the property, but asked to be moved if the issue could not be fixed.
9. The landlord provided its stage two complaint response on 7 November 2022. It also stated that it had reviewed the surveyor’s readings from 3 August 2022, and no rising or penetrating damp had been found, and no repairs identified. It informed the resident that there was a high humidity level in the property, and it agreed with the findings from the technical officer that the internal temperature of the property needed to be increased and the humidity levels lowered. It informed the resident that the living room cracks were caused by condensation, not structural issues, and reassured the resident that the disrepair works had been reviewed and surveyed, and found to be successful.
10. The resident subsequently escalated her complaint to this Service. She was dissatisfied that the condensation issues in the property had not been resolved, and believed that the vents were not correctly ventilating the property. She stated that the windows should not have to be opened, and that the issues were impacting her job and health as she worked from home, which had resulted in mouldy clothes and shoes. She was unhappy that the landlord had suggested she managed the issues herself, and was unhappy that she had been accused of complaining so that she could move.
11. The resident is seeking for the landlord to improve the condition of the property, so that it is suitable to live in, and for the landlord to resolve the damp and condensation issues.
12. In April 2023, the landlord completed a CCTV survey of the drains at the property, as a final check. It has informed this Service, on 19 May 2023, that the CCTV survey identified some loose joints that would be attended to, but that this had no impact on the condensation levels in the property.

Assessment and findings

Scope of investigation

13. There are time limits on complaints the Ombudsman can investigate. One of the limits (paragraph 42(c) of the Scheme) requires a complaint to be brought to the attention of the landlord as a formal complaint within a reasonable period (which would normally be within six months of the matters arising).
14. In this case, the resident had raised a disrepair case which was finalised in November 2018 when any necessary works had been completed. From the evidence provided, further reports of damp and condensation in the property were not made to the landlord until December 2021. The landlord has stated that a survey of the disrepair works had been completed, and determined that the works that were completed were sufficient and successful. Therefore, in line with paragraph 42 (c), when considering the gap between reports, this report will focus on the events from December 2021 onwards, with any previous events being included for context and clarity only.

Policies and Procedures

15. The tenancy agreement states that residents must make sure there is adequate ventilation and heating in the property, and ensure to follow any advice given by the landlord to prevent condensation. It states that if condensation occurs as a result of failing to adequately heat or ventilate the property, then the resident may be responsible for any repair works, unless it occurs as a result of disrepair in the property.
16. The landlord’s repairs and maintenance handbook states that sometimes it may be necessary for a surveyor to carry out an inspection prior to beginning repair or maintenance work. It adds that surveyor’s pre-inspections are only carried out for complex repair issues (for example, reports of damp or where there is an on-going problem). It also states that the landlord is responsible for structural repairs.
17. The landlord’s repairs and maintenance handbook states that residents should always take out adequate home contents insurance to cover their own belongings and accidental damage to internal decoration.

The landlord’s handling of the resident’s reports of damp and condensation in the resident’s property.

18. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. The landlord also has a responsibility under the Housing Health and Safety Rating System, 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 is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
19. As stated in the Housing Ombudsman’s Spotlight on Damp & Mould (2021), ‘Landlords should avoid taking actions that solely place the onus on the resident’. It highlights the importance of landlords taking reasonable steps in partnership with residents in circumstances where condensation is the main cause of the damp and mould, such as considering additional ventilation.
20. When considering the above, and the landlord’s obligations listed in its repairs and maintenance handbook, it would have been appropriate for the landlord to instruct a surveyor to inspect the property, to determine the cause of the damp and condensation, and to identify any repairs that need to be completed.
21. Following the resident’s reports in December 2021, the landlord acted appropriately by arranging for an inspection of the property to take place. The inspection took place in January 2022 and identified no damp, but stated that the temperature in the property was too cold, and drying clothes on the radiators had resulted in the production of condensation in the hallway. This shows that the landlord had taken the resident’s concerns seriously. In addition, although no issues with damp were identified, the landlord had identified mould around the bath. It raised works for the bath to be re-sealed, which was appropriate when considering that mould can be a potential hazard.
22. The landlord had taken appropriate steps previously to improve the condition of the property, such as installing extractor fans, an anti-condensation unit and upgrading the heating system in the property. Throughout 2022, the landlord also completed works to assist with reducing the humidity levels in the property, such as repairing the extractor fans. It was appropriate for the landlord to consider how it could assist the resident with the humidity levels in the property, and its actions were in line with the recommendations made by the Ombudsman in the Housing Ombudsman’s Spotlight on Damp & Mould (2021).
23. Moreover, the landlord raised a further inspection with a surveyor on 20 July 2022, which was completed on 3 August 2022. The surveyor reported that the plaster work in the property was fine, and that there was hair line cracking, but that this was cosmetic. It also reported that the damp readings from the property showed that the property was dry, with no further repairs being needed. Furthermore, the landlord also provided the resident with valuable advice on how the condensation in the property could be reduced. This is further evidence that the landlord was trying to assist the resident in reducing the level of condensation and humidity in the property.
24. Although the resident has stated that she feels the vents in the property are not ventilating the property properly, the landlord has provided evidence to show that it has taken steps to inspect and service the extractor fans and trickle vents in the property, such as on 4 October 2022, when it removed moss from the trickle vents. When deciding what repairs need to be completed in a property, the landlord is entitled to rely on the advice of its qualified staff, contractors and surveyors. In this case, the landlord had relied on the findings and advice provided by its technical surveyor, and therefore its actions were reasonable in the circumstances.
25. In addition, while this Service is sympathetic to the resident’s concerns relating to the costs associated with heating the property, as per the tenancy agreement, a resident is obligated to ensure the property is properly heated and ventilated in order to reduce condensation. The landlord also provided appropriate advice and information to the resident about how she could contact the government in relation to any further support for heating costs.
26. The landlord has also shown that it was committed to ensuring that the property was in good condition, and that there were no other factors contributing to the condensation. The landlord contacted this Service on 19 May 2023, to explain that the CCTV drain survey had been completed, and found that, although there were loose joints, which would be repaired, this had not contributed to the condensation levels in the property. This shows that the landlord had taken the resident’s concerns seriously, and had completed a range of different inspections, readings and surveys of the property. Therefore, it was not unreasonable for the landlord to rely on the advice of its qualified staff that there were no structural issues in the property, and no further repairs needed.
27. The resident has also explained that the condensation in the property resulted in her clothes and shoes being damaged due to mould growth. Under the terms of the tenancy agreement, it is the resident’s responsibility to ensure she has insurance on personal items and the landlord would not be expected to pay the cost or replace the damaged items.
28. The resident also informed this Service that she had been accused by the landlord of complaining so that she could move in to an alternative property. The landlord has informed this Service on 18 April 2023 that it was sorry if the resident felt this way, however, it is not wholly clear whether the landlord also communicated with the resident about this matter but it would have been reasonable for the landlord to do so, when considering that the resident was concerned that her reasons for complaining had been misunderstood, and this had caused her some distress.
29. Ultimately, the landlord has provided evidence to show that it had responded in an appropriate and fair way to the resident’s concerns relating to damp and condensation in the property. It had arranged for qualified staff to complete several inspections, readings and surveys at the property, and its decision to rely on those findings was reasonable. When considering this, it is the Ombudsman’s opinion that there was no maladministration in the way the landlord responded to the resident’s concerns. However, the landlord should ensure that it responds to any future reports of damp and condensation in the resident’s property in line with its obligations.

Determination

30. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its handling of the resident’s reports of damp and condensation in the resident’s property.