LiveWest Homes Limited (202343101)
REPORT
COMPLAINT 202343101
LiveWest Homes Limited
25 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
- The complaint is about:
- The landlord’s handling of the resident’s reports about damp and mould.
- The landlord’s complaint handling.
Background
- The resident is an assured tenant of the landlord. The tenancy started on 20 April 2015. The property is a 2-bedroom flat. The landlord has vulnerabilities recorded for the resident’s son who lives at the property. The resident confirmed to this Service she has allergic asthma, her son has autism and they both have dust allergies.
- The resident raised a complaint to the landlord on 27 February 2023. She said the following:
- There had been a damp problem in the property for 8 years.
- Her son had slept in the living room for a number of years because of damp in the second bedroom.
- The landlord attended a couple of years prior to address the issues. She had redecorated the second bedroom but the problem was not fixed.
- The second bedroom had mould on the wall in the same place as previously.
- The property was covered in dark mould patches on old wallpaper and paint work.
- The walls were crumbly.
- The full insulation of the attic was not completed.
- The cavity wall insulation was replaced and this had made a huge difference to her heating bills. She wanted compensation for excessive heating bills over the years prior to the cavity wall insulation and for the decoration of the property due to damp.
- The landlord provided its stage 1 response on 8 September 2023. It said the following:
- It attended the property in 2020 to treat mould in the bathroom and bedroom. In 2022 it replaced the cavity wall insulation.
- It attended the property on 3 March 2023, raised repairs, and a survey.
- On 3 April 2023, it inspected the loft and roof area. It noted the insulation was the correct depth and the roof was in a good condition. It noted an area above the door with no insulation. It topped up the insulation on 6 June 2023.
- There was a delay in its surveyor attending and it apologised for this. The surveyor attended on 30 May 2023. The surveyor advised the cavity wall insulation had raised the wall surface temperature so there were less cold spots for condensation to form. Following this, a job was raised for the extract fans in the kitchen and bathroom as they were not extracting to the correct levels.
- Its electrical team attended on 13 June 2023. The kitchen fan was serviced, and it was noted the bathroom fan did not need servicing. It was not able to test the fans with an anemometer because the team attending did not carry this equipment.
- The electrical team recommended that a positive input ventilation unit (PIV) was installed.
- The resident advised the surveyor of noise from neighbours. The landlord had contacted a specialist acoustic consultant.
- In regard to the ongoing damp in the second bedroom, it partially upheld this part of the complaint as it had attended and raised the temperature of the wall by replacing the cavity wall insulation. It apologised for the inconvenience caused and the delay in carrying out the mould treatment.
- It was attending on 12 September 2023 to treat the damp and mould on the walls and other affected areas.
- In regard to the dark mould patches on the walls and wallpaper, it partially upheld this part of the complaint. It had identified the cause but still needed to carry out work to treat the damp and mould patches.
- The surveyor advised that ventilation was also being hampered by items stored up against the wall with insufficient air gaps to allow air circulation. It said moving items forward would increase the air flow.
- It did not uphold the part of the complaint about the kitchen fan being unsuitable. The extractor fan installed was the best option for the resident’s home. It did not install cooker hoods in its properties.
- The PIV would help with the extraction of moisture from cooking.
- It offered the resident £300 of compensation. This was broken down as £100 for the delays in resolving the issues and £200 for the inconvenience caused.
- The resident escalated her complaint on 15 September 2023. She said she had reported damp and mould since 2015. The resident said she had requested compensation for the high heating bills. The resident said the damp was not entirely solved because the porch was uninsulated and the extraction fan in the kitchen was inadequate.
- The resident said she had not been made aware by the surveyor about items against the walls. She said operatives had not been aware of how to manage dust levels and this caused her stress and anxiety. The resident said she could not live in the property while major works were carried out as it was damaging to her lungs to be in contact with plaster dust. The R said she had put off the job to clean and treat the mould because other works remained outstanding.
- The landlord provided its final response on 17 November 2023. It said the following:
- The stage 1 review accurately reflected the work undertaken to remedy the damp. It could not confirm that the issue had been ongoing for the period stated by the resident because its records did not go back that far and it could not see the resident had raised a complaint previously about damp and mould.
- All works recommended by its surveyor so far were completed. This included the installation of a PIV unit which would improve ventilation and prevent mould growth reappearing.
- It had instructed its surveyor to attend to validate that the extractor fans and the PIV unit were working as they should, survey the property to note any further mould spotting, and recommend any further remedial works.
- The surveyor appointment was booked for 23 October 2023. The resident had cancelled this and an appointment was rescheduled for 2 November 2023.
- Following the appointment, the following works raised included:
- A mould wash to areas to be pointed out by the resident. An appointment was arranged for 17 November 2023.
- To adjust and add loft insulation where needed, due to thermal imaging showing signs of the insulation not reaching the wall plates. An appointment was booked for 7 December 2023.
- To remove a section of wallpaper in the lounge, fill the damaged plaster and paint. An appointment was booked for 7 December 2023.
- To paint the second bedroom adjacent to the porch with insulation paint. An appointment was booked for 7 December 2023.
- To check or replace the kitchen fan which was underperforming. The appointment date was to be confirmed.
- It was confident that the booked works would proceed as planned and remedy the issue. It would continue to monitor the jobs to ensure they were completed.
- It said the work undertaken prior and during the complaint was appropriate and it recognised additional works were required.
- In regard to the damp in the small bedroom, dark patches of mould on the walls and wallpaper, it had raised the necessary repairs following its surveyor visit and the appointments had been booked to complete this work.
- The surveyor had also raised further works for the loft insulation to be checked and minor repairs within the porch.
- It upheld the resident’s complaint about the kitchen fan. It said the surveyor had agreed at the time of their visit that the extractor fan was underperforming. A repair had been raised and it would schedule this as a priority.
- It partially upheld the resident’s complaint and offered her £800 in total of compensation. This was broken down as:
- £300 as offered at stage 1.
- £100 for the stage 1 response not being issued in line with its complaints policy.
- £200 for its stage 2 response not being issued in line with its complaints policy.
- £100 for distress and inconvenience.
- £100 for delays in resolving issues.
- The resident’s request for compensation for heating bills was separate from the complaint. An interim response letter sent to the resident on 4 October 2023 asked the resident for copies of heating bills from 3 to 5 years ago to the present day. The landlord had not received this information. It said that the resident could send these to the landlord for review should she wish to.
- Once repairs were completed it would schedule monthly calls up until 31 March 2024 to ensure the ventilation in the property was meeting the resident’s needs and performing as it should.
- The resident remained dissatisfied with the landlord’s response and contacted this Service in March 2024. The resident said some of the works remained outstanding. She said the porch required insulation and the kitchen may need to be replaced due to damp in the cupboards. The resident said the landlord had not addressed her concerns about noise in its complaint response. The resident said the damp and mould damaged her belongings, and she wanted compensation for this, the high heating bills and the impact on her health.
Assessment and findings
Scope of investigation.
- The resident raised during the complaint process that the damp and mould issue had been ongoing for 8 years. 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 2023 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.
- 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 noise, and the replacement of the kitchen. In accordance with paragraph 42.a. of the Housing Ombudsman Scheme and the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s formal complaint in February 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. Any new issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if required.
- In her complaint, the resident referred to the situation impacting upon her health. While this Service is able to assess the response the landlord provided, and any overall distress or inconvenience this may have caused, it is unable to draw conclusions on the causation of, or liability for, impacts on the resident’s health and wellbeing. This is because it is outside our role to establish whether there is a direct link between the landlord’s handling of the damp and mould and the resident’s health. Such matters may be more appropriate for a court or liability insurer to decide. However, the Ombudsman has considered the distress and inconvenience caused to the resident.
- 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.
The landlord’s handling of the resident’s reports about damp and mould.
- 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 is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
- The tenancy agreement says the landlord is responsible for keeping the structure and outside of the property in good repair. The resident must keep the inside of the property in good repair and all internal parts in good decorative condition. It says personal belongings and furniture will not be covered by its insurance policy and residents are advised to get their own contents insurance.
- The landlord’s damp and mould policy effective from March 2023, says it takes a risk-based approach to the management of damp and mould. Depending on the severity and history, it will take a case management approach, this will include both removing the damp and/or mould hazard and investigating and addressing the root cause of the problem. It will provide clear information and advice for residents. For historic or complex cases, it will provide residents with one point of contact. Where it has undertaken work, it will contact residents at an appropriate time interval to undertake a follow up to check if the damp and mould has returned.
- The landlord’s customer compliments, complaints and feedback policy say some complaint elements fall outside the scope of its policy. This includes complaints about issues where more than 12 months have passed unless they form part of an ongoing issue.
- The landlord’s customer compliments, complaints and feedback procedure says its risk and insurance team are directly responsible for managing claims involving loss or personal injury due to negligence on its part.
- The landlord’s service offer effective from August 2023 says responsive repairs are minor repairs needed to ensure features of the home remain functional. It aims to provide responsive repair appointments within 28 days. Works identified as managed repairs or minor projects are works that will not be able to be completed on a first attendance. These will take more than one day to complete. It will agree specific completion targets for these sorts of major work, typically this is within 90 days. It will agree this timescale with affected residents.
- The landlord’s compensation guidance states that it will consider financial compensation where it is unable to take action to restore the situation or a resident has incurred financial loss. It has discretion under the guidance to offer residents up to £500 compensation plus a partial refund of rent for reasons including a high-level impact from multiple issues not being resolved.
- 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.
- The resident stated during the complaint process that the damp and mould had been ongoing for 8 years. The landlord confirmed to the resident in its final response that it did not have records prior to this of complaints about damp and mould. Therefore, it was reasonable for this investigation to have assessed the landlord’s response to the repairs noted in this report from the time of the resident’s complaint onwards.
- The evidence provided by the landlord demonstrated the landlord initially took appropriate action following receiving the resident’s complaint. It attended the property on 3 March 2023 and arranged a further inspection of the loft insulation and roof on 3 April 2023. The repair to the loft insulation was completed on 6 June 2023. The timeframe here for the completion of this repair was slightly delayed. A further surveyor inspection on 2 November 2023 identified the loft insulation needed further adjustment. This work remains outstanding to date.
- The landlord’s visit to the property on 3 March 2023, identified that further thermal imaging was required to check if cavity wall insulation had covered the area where the mould had retuned and a surveyor inspection was required for this. The surveyor attended on 30 May 2023. The landlord acknowledged in its final response that there was a delay in its surveyor attending. Although it is noted that the landlord’s records showed this appointment was scheduled to accommodate the resident’s availability, as she was away between 19 April 2023 until the beginning of May 2023.
- The surveyor appointment on 30 May 2023 identified a repair required to the extractor fans. The landlord’s repair records showed an appointment to repair the fans was completed on 13 June 2023. However, the landlord confirmed in its stage 1 response that the operatives attending did not have the equipment to check the fan was extracting at the correct levels. This test was not carried out until 2 November 2023 in which it confirmed the kitchen fan was underperforming. The landlord’s final response confirmed a further appointment was needed to check or replace this. The timeframe here for the landlord to confirm the extractor fan was underperforming was excessive.
- It was noted the landlord’s contact records showed the resident cancelled the surveyor visits booked for 10 and 23 October 2023, which accounted for part of the delay here. However, by this time the resident had been waiting for over 3 months for the fans to be checked. Furthermore, the landlord confirmed in August 2024 that this repair was still outstanding. Although it is noted a repair was raised by the landlord in July 2024 to overhaul or replace the kitchen and bathroom extract fans, following a further surveyor inspection in July 2024. The timeframe here for the landlord to address this part of the damp and mould repairs was unreasonable. As such, the resident has experienced the distress and inconvenience of this repair remaining outstanding to date.
- A repair appointment on 13 June 2023 recommended that the landlord installed a PIV unit at the resident’s property. The landlord’s repair records showed it raised this work on 25 July 2023. This was installed on 15 September 2023. The landlord’s records noted the installation was originally booked for 28 August 2023, however this was rearranged to 15 September 2023 due to the resident being away on holiday.
- The landlord arranged to complete mould treatments in the interim while raising works to address the source of the issue. However, it did not action this work within a reasonable timeframe. In its stage 1 response, the landlord confirmed it had arranged a mould wash of the affected areas on 12 September 2023. This was over 6 months after the resident raised the issue in her complaint. In its stage 1 response, the landlord acknowledged its delay in carrying out the mould treatment. As a result of the delay, the resident endured the distress and inconvenience of mould to parts of her property while waiting for the repairs to take place.
- The resident cancelled the mould treatment appointment on 12 September 2023. In her complaint escalation, she explained she had put off this job because the PIV unit had not been completed, the porch not insulated and the extraction in the kitchen was inadequate. The landlord booked in a further mould wash on 17 November 2023. This was an appropriate action for the landlord to take to action removing the mould alongside the works to treat the cause. Although it is noted the resident cancelled this appointment.
- During the complaint period the resident raised concerns about the porch walls. In an email to the landlord on 26 June 2023, the resident told the landlord she was experiencing mould in the rooms either side of the porch because this area was not insulated. The resident raised this issue again in her complaint escalation on 15 September 2023. The landlord addressed the resident’s concerns about the porch walls in its inspection of the property on 2 November 2023. The report noted that thermal imaging had identified thermal bridging where the solid porch walls met the cavity walls in the corner of the bedroom. It said the resident had requested the walls were externally insulated but the solution it recommended was to insulate the internal corner of the wall with thermal paint and paint over once dry.
- The landlord raised works for this on 6 November 2023. This Service appreciates the resident’s desired outcome was for the porch to be insulated, and she is dissatisfied that this work was not completed. The landlord’s records demonstrated it had taken the recommendation of works to resolve this from its surveyor. It was reasonable for the landlord to act on the recommendation of its surveyor. The landlord confirmed to this Service that the work to the walls adjacent to the porch remained outstanding. Although it is noted the resident cancelled the repair appointment confirmed in the landlord’s final response.
- The landlord confirmed to this Service that the works listed in its final response remained outstanding and it was waiting for the resident to confirm a time to book this in. The landlord’s repair records from the time noted the resident cancelled the works in November 2023. The landlord sent the resident a letter on 16 January 2024. It asked the resident to contact them if she was still experiencing damp and mould. This Service had not been provided with evidence of the resident responding to this letter, or the landlord following up with the resident to arrange the outstanding repairs after this.
- The resident contacted the landlord on 24 May 2024 and said there was a list of jobs outstanding. The landlord arranged for a further surveyor inspection of the property in July 2024. It has since arranged for works to be completed under a phased approach as requested by the resident. While the resident has endured the inconvenience of a further inspection, this was an appropriate action to take given the time that had passed from the previous inspection in November 2023.
- The resident made the landlord aware of the impact of the unresolved damp and mould during the complaints process. On 13 June 2023, the resident told the landlord her and her son had a serious dust allergy, and she had an allergy to damp which affected her ability to breathe. She also told the landlord when escalating her complaint in September 2023 that she has allergic asthma which was triggered by damp. There was no evidence provided to this Service to demonstrate the landlord was aware of the resident’s allergic asthma prior to the complaint escalation. The landlord’s repair records in June 2023 demonstrated it had recorded the resident’s dust allergy on job notes which stated dust extract equipment was needed. This was an appropriate action to take in response to the information provided by the resident.
- The landlord did not demonstrate that it took the resident’s health vulnerabilities into consideration in the timeliness of its response to the damp and mould once it was aware. As set out in the Ombudsman’s spotlight on repairs report published in March 2019, landlords must act promptly, particularly where issues are having a significant impact on residents. They should be aware of the needs of vulnerable residents and respond to this. The landlord confirmed to this service that it had recorded an allergy to dust on its records. However, it was not clear if the resident’s allergic asthma had been recorded. Had the landlord followed the best practice in the Spotlight report it could have avoided the failures identified in this investigation. A recommendation has been made for the landlord to contact the resident to discuss any vulnerabilities that should be recorded to ensure its records are accurate and up to date.
- Part of the resident’s complaint related to the reimbursement of heating costs for the years prior to the cavity wall insulation. In its final response, the landlord said this issue was separate from the complaint. However, it was evident that the resident had raised this in her initial complaint in February 2023. As such, the landlord failed to address this part of the resident’s complaint earlier in its investigation.
- On 4 October 2023, the landlord asked the resident to provide the heating bills from 3 to 5 years ago to the present day. It was reasonable for the landlord to request this evidence in order to be able to consider the resident’s request for compensation. However, the landlord delayed in addressing this at stage 1, and as such a resolution for the resident on this matter was delayed.
- The landlord confirmed in its final response that it had not received the information requested about the heating bills. It asked the resident to provide this if she wished for it to review them. This was an appropriate action by the landlord to continue to look to address this for the resident. It is noted the resident provided copies of the heating bills in July 2024. The landlord confirmed to this Service in August 2024 that it was currently reviewing these. As such, a recommendation has been made for the landlord to contact the resident and provide an update on the review.
- 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. Although it was noted the resident told the landlord in June 2023, that she had to redecorate and had thrown out furniture 3 years prior. There was no evidence provided to this Service that the resident had raised concerns about specific items directly with the landlord.
- To provide a fair response, landlords are expected to resolve complaints by addressing both the main issue raised and any inconvenience that happened. When a landlord agrees that it failed to provide a service, the expectation is for the landlord to offer redress. The landlord attempted to resolve the substantive complaint through a total offer of compensation of £500.
- While the offer of redress made by the landlord shows good practice in trying to resolve complaints and learn from outcomes, the compensation was not appropriate for the failings identified. The damp and mould had a significant and detrimental impact on the resident’s enjoyment of her home while the investigations and repairs were ongoing.
- In summary, the resident experienced delays to the investigation into the damp and mould and the works ordered to rectify this. The Ombudsman does acknowledge that certain problems can be complex and take time to diagnose, with an element of trial and error involved. The landlord here had demonstrated that it had taken appropriate steps to investigate the cause of continuing the damp and mould following the work it had previously undertaken. It also arranged works to prevent the mould from returning by installing a PIV unit. However, the resident experienced delays to the completion of a surveyor inspection, and in raising the works to resolve the damp and mould. The landlord also delayed in identifying that the extract fan was underperforming, and in offering mould treatments to the affected areas.
- This Service acknowledged that the resident had cancelled works raised in November 2023 and this had caused part of the delays. However, the landlord failed to retain an adequate oversight of the repairs here and follow up on the outstanding repairs to ensure completion.
- In its final response, the landlord acknowledged the delays and inconvenience in resolving the issues and attempted to put this right for the resident through its offer of compensation. However, its offer of redress did not go far enough to reflect the full impact to the resident of the delays and it failing to follow up on the repairs it had raised through to completion. As such there was maladministration in the landlord’s handling of the resident’s reports about damp and mould.
- A total amount of £800 of compensation has been ordered. This includes the £500 of compensation as previously offered by the landlord. This is in line with the Ombudsman’s remedies guidance for cases where the landlord’s failures have occurred over a protracted period and adversely affected a resident.
- In addition, an order had been made for the landlord to contact the resident about the outstanding repairs as identified in the surveyor reports in November 2023 and July 2024, to arrange to complete the works in line with the timescales in its service offer.
The landlord’s complaint handling.
- The landlord’s customer compliments, complaints and feedback policy at the time of the complaint says it will communicate with the resident and try to reach an immediate resolution within 24 hours. Where it cannot do this, it will formally respond to a resident within 5 working days. It says some complaints may require detailed investigations, where this is the case, it will discuss this with the resident and agree the timescale in which it will respond. This will usually be no more than 20 working days from receipt of complaint. If an extension beyond 20 working days is required, it will agree this with the resident where practicable to do so.
- The landlord will escalate a complaint to stage 2 within 5 working days from receipt of an escalation request. The timescales to respond will be agreed with the resident but will normally be no more than 7 working days from date of the stage 2 complaint acknowledgement. If it will take longer than 7 working days, this will be agreed in advance with the resident and a full explanation provided.
- The policy says some complaint elements fall outside the scope of its policy. This includes complaints about issues where more than 12 months have passed.
- 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 and a stage 2 response 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 raised her complaint on 27 February 2023. The landlord provided its stage 1 response on 8 September 2023. This was a timeframe of 135 working days. The response was excessively delayed. This did not meet the timescales in the landlord’s complaints policy or the Code.
- The landlord provided the resident with an interim response on 7 March 2023. It said it had added a further 10 working days to the complaint in order for a surveyor to attend the property. On 21 March 2023 it emailed the resident to confirm it was adding a further 10 working days onto the complaint. The landlord’s complaint case notes stated it added a further 20 workings days to the response time at multiple points during the complaints process while it awaited the completion of inspection and works.
- While it was evident that the landlord contacted the resident via phone and email during the complaint process, to update her on the progress of repairs, there was no evidence provided to demonstrate the landlord had provided a date it would send a stage 1 response. As a result, the resident did not know when to expect a response. She took the time and trouble to continue to follow up with the landlord.
- The resident escalated her complaint on 15 September 2023. The landlord provided its final response on 17 November 2023. This was a timeframe of 45 working days. This again did not meet the timeframes in the landlord’s complaints policy or the Code.
- The landlord again issued the resident with an interim response, sending this on 4 October 2023. It advised the resident it would issue a response by 10 October 2023. There was no evidence that the landlord sent the resident a further update confirming a further extension to the complaint or to confirm a date when she could expect a response.
- The Code was developed to enable landlords to resolve complaints raised by residents quickly and fairly. The timeframes for responses were introduced to prevent a delay in completing the complaints process until the substantive issue was resolved. The Ombudsman recognises that the landlord issued interim responses at both stages when initially extending the complaint. However, the further extensions and delays were not appropriate and resulted in a protracted complaints process for the resident. The interim responses were not sufficient for the resident to escalate her response or bring her complaint to the Ombudsman sooner. As such, it delayed the resident’s access to an investigation by this Service.
- In its final response, the landlord acknowledged its delayed response at both stages. It offered the resident £100 compensation for the delay at stage 1 and £200 for the delay at stage 2. This compensation went part way to putting things right for the resident. However, the landlord failed to fully acknowledge the excessive delay to its response at stage 1.
- In her complaint escalation, the resident raised further issues that had not been included at stage 1 of the complaints process. This included about the way in which the landlord had managed the work in consideration of her heath needs, and a noise problem. The landlord wrote to the resident on 4 October 2023 to confirm the scope of its investigation. It said it would only consider the points at stage 2 which had been investigated at stage 1. This was in line with the Code which states that landlord’s must only escalate a complaint to stage 2 once it had completed stage 1.
- The landlord was clear in its interim letter to the resident on 4 October 2023 about the complaint issues it was investigating. This was also consistent with details of the complaint in its acknowledgement letter. It also offered to raise a new stage 1 complaint relating to the resident’s concerns about noise and asked the resident to confirm if she wanted to raise a further complaint. The landlord took appropriate action here and gave the resident an opportunity to raise a further complaint.
- In her complaint escalation, the resident remained dissatisfied with the landlord’s response to her complaint about her reports of damp and mould for the previous 8 years. The landlord confirmed to the resident in an email on 20 March 2023, that it could only consider the previous year when investigating the complaint and not the condition of the property when the resident moved in. This response was in line with the landlord’s complaint policy. The landlord also confirmed the timescale it was able to investigate in both complaint responses.
- Overall, the landlord’s complaint handling took too long and did not follow the timescales in its complaints policy or the Code. This resulted in a protracted complaints process for the resident, both delaying the resolution and her access to an investigation by the Service.
- The landlord acknowledged its failures to comply with its complaints policy. However, the compensation offered by the landlord did not go far enough to put things right for the resident. The resident experienced the distress and inconvenience of waiting for a response over a prolonged period. The compensation offered by the landlord did not go far enough to recognise the excessive delay at stage 1. Therefore, there was service failure in the landlord’s complaint handling. A total amount of £400 compensation has been ordered. This includes the £300 already offered by the landlord during the complaints process. This is in line with the Ombudsman’s remedies guidance where a failure as adversely affected a resident.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports about damp and mould.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s complaint handling.
Orders and recommendations
Orders.
- The Ombudsman orders the landlord to apologise in writing to the resident for the failings identified in this report.
- The Ombudsman orders the landlord to pay the resident compensation of £1200. This amount includes the £800 offered during the complaints process. Compensation not already paid, should be paid directly to the resident, and not offset against any arrears. The compensation comprises of:
- £800 for the distress, and inconvenience caused by the landlord’s handling of the resident’s reports about damp and mould.
- £400 for the inconvenience, time and trouble caused by the landlord’s poor complaint handling.
- The landlord is ordered to contact the resident and arrange to complete the outstanding work required as identified in the survey reports on 2 November 2023, and July 2024. The landlord is to provide the resident with a reasonable timeframe for any outstanding repairs identified, in line with its service offer.
- The landlord is to provide evidence of compliance with the above orders to this Service within four weeks of the date of this report.
Recommendations.
- The landlord is to contact the resident to provide an update on its review of her heating bills.
- The landlord is to contact the resident to discuss any vulnerabilities that should be recorded for the household to ensure its records are accurate.
- The landlord should review its staff training needs in regard to the importance of communicating with residents throughout the repair process through to the completion of a repair.