London & Quadrant Housing Trust (202009492)

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REPORT

COMPLAINT 202009492

London & Quadrant Housing Trust

31 October 2022

 

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. This complaint is about the landlord’s handling of:
    1. the repairs to remedy the damp and mould within the property
    2. the repairs to the front door
    3. the resident’s reports of the condition of the garden.

Background and summary of events

Background

  1. The resident has a tenancy with a housing association which commenced on 29 April 2019.
  2. The property is described as a ground floor flat with access to a communal garden.
  3. The resident and her children have medical conditions.
  4. The tenancy agreement obliges the landlord to keep in repair the exterior and structure of the property and to carry out repairs in accordance with its repairing obligations.
  5. The landlord’s repairs policy outlines the repairs that it is responsible for and those that are the responsibility of the resident. However, it does not give the repair timescales that it will work to.
  6. The landlord’s update for direct maintenance handling emergency, critical repairs and raising D365s dated 31 March 2020 advised that it and its subcontractors were only handling critical repairs due to the coronavirus pandemic. It set out that residents should be contacted within 24 hours with an appointment for an emergency repair and that residents were to be informed that it was not undertaking routine repairs.
  7. The landlord’s complaints policy has two stages. It aims to respond to complaints within 10 working days at its first stage and within 20 working days at its final stage.
  8. The landlord’s compensation policy: interim policy amendments in response to the coronavirus pandemic advised that from 1 April 2020 it will only make statutory compensation payments to residents when it does not meet its published service standard, apart from in exceptional circumstances.

Scope of investigation.

  1. The resident made new complaints to the landlord about the condition of the garden on 7 June 2021 and on 26 July 2021 about the condition of the window sills in the living room, damage to the cupboard in the bathroom and the workmanship of the contractors. There is no evidence that these complaints have exhausted the landlord’s complaint procedure. Therefore, this investigation will consider the matters that exhausted the landlord’s complaint procedure in its final complaint response dated 30 April 2021.

Summary of events

  1. The landlord’s records show that on 4 October 2019 the resident made two repair reports to the landlord. She reported that the gutters above her bedroom were leaking and that she was experiencing difficulty locking the front door. The landlord’s record shows that it completed the work to the gutters on 7 October 2019 and it repaired the front door on the same day of the report – 4 October 2019. It was noted that the door had been repaired previously and it may not be able to be repaired again.
  2. The resident reported that the communal garden was overgrown, dangerous and attracting foxes on 8 October 2019.
  3. The landlord’s internal records show that on 10 October 2019 that it cleaned the bay roof, gutters and hopper to the property. However, there were tall trees overhanging the property, which could result in the gutters being blocked again.
  4. On 4 November 2019, the landlord asks its contractor to inspect the communal garden.
  5. The resident reported on 31 January 2020 that her front door had jammed and had to be forced open. The landlord noted that a new front door may be required.
  6. The landlord’s records show on 14 February 2020 that it had a works order to fix the lock to the front entrance door and that it issued a follow-on works order for a new door and possibly a new frame.
  7. On 27 March 2020, the landlord informed the resident that following the government announcement it would only be carrying out emergency repairs. Therefore, if the front entrance door was unsafe it would attend to make it safe until it could carry out the permanent repair.
  8. The landlord attended on 8 April 2020 and noted that the locks had been previously changed to the front door. It made the front door safe until a new one could be fitted.
  9. The resident completed the landlord’s complaint form on 14 November 2020 and complained that since moving into the property she had experienced numerous problems. She stated that she had lived in the property for over a year, she and her children had health problems and though she had been reporting repairs since she had moved in, the repairs had not been carried out. The resident listed the following repairs that were required to the property.
    1. There was a hole in the front room wall where the air vent was.
    2. She had experienced water penetration from the flat above and now the hallway ceiling was unstable.
    3. She had mould growth and broken windows in the properties.
    4. The garden was not maintained.
    5. The front door required repair.
  10. The landlord noted on 16 November 2020 that it had inspection appointments booked for the new front door and frame and window repairs on 25 November 2020.
  11. The landlord responded to the resident’s complaint on 17 November 2020. It advised the resident that it had upheld her complaint. Furthermore, an appointment was arranged for 25 November 2020 to measure for the new front door and for the windows to be inspected. It had arranged a works order for a damp specialist contractor to inspect the property and that there was no longer water leaking through the hallway ceiling from the flat above.
  12. Furthermore, it requested a photo of the damage to the property and the air vent in the front room. It provided its details for the resident to make an insurance claim for damages to her personal items and apologised for the inconvenience.
  13. The landlord’s repair records show that on the same day, 17 November 2020, it requested that its contractor assess the whole property as the resident had reported damp and mould within the property. It is noted that the inspection was carried out on 4 February 2021.
  14. The landlord’s internal records show that it viewed the pictures provided by the resident on 19 November 2020 regarding the hole in the front room wall and the bubbled ceiling in the hallway. It is noted that from the pictures the hole looked like an old air conditioning unit or tumble dryer vent. It considered that if the vent was no longer required, it could be bricked up and plastered over on the inside of the property. With regard to remedying the bubbled hallway ceiling, that required the ceiling being scrapped back, filled where appropriate and then painted.
  15. The resident contacted the landlord on at least three occasions on 23 November 2020 and on 24 November 2020. She advised the landlord that it had not made contact since receiving the photos of her living conditions, that she had difficulty accessing the gas meter due to the condition of the garden and that she had mould growth in the property. In addition, she had contacted Social Services as she believed that the property condition was unsafe.
  16. The landlord’s repair records show that on 24 November 2020, that it had bricked up the hole in the front room wall on both sides.
  17. The resident contacted this Service on 25 November 2020 to discuss her housing conditions. She advised that she had a hole in the front room wall, the mould was ruining hers and her children’s clothes and that the property had mould. She stated that she had been living in the property for 18 months, therefore, the landlord could not rely on the pandemic for its delay in finding a resolution. She advised that the living conditions were affecting her health and requested someone to inspect the property.
  18. The landlord contacted the resident on 3 December 2020. It advised the resident that:
    1. It had arranged for a surveyor to carry out an inspection of the property once normal operating condition resumed.
    2. It had requested that its contractor attend to assess the damp and mould within the property.
    3. The hole in the front room had been bricked up on 30 November 2020.
    4. The repair to the hallway ceiling was arranged for 12 December 2020.
    5. It had provided the details of its insurance company for a claim to be made for the damaged items.
    6. Requested that the resident provide information on why she wanted to escalate her complaint.
  19. The resident informed the landlord that she remained dissatisfied with its complaint response on 3 December 2020 as the repairs remained unresolved. She disputed that the outstanding repairs related to the coronavirus pandemic and that she had contacted this Service as she was unhappy with the way she had been treated. She named the outstanding repairs: toilet not bolted down; air vent was plastered over; work to the garden incomplete and the property had damp and mould. She requested that the landlord carry out an inspection of the property.
  20. On 11 December 2020, the landlord informed the resident that it had escalated the complaint to its final stage.
  21. The landlord’s internal records on 11 December 2020 show that a site inspection had been carried out to the garden. The contractor had recommended that a tree surgeon was required.
  22. On 5 January 2021, the resident contacted the landlord to advise that she had been reporting the leak from the air vent in her bedroom for over three weeks. Furthermore, the internal and external bedroom wall was wet and she had been reporting repairs before the start of the coronavirus pandemic.
  23. This Service asked the landlord to respond to the complaint on 8 January 2021.
  24. The resident contacted the landlord on 25 January 2021 to advise that she had water coming through the front room wall and requested the landlord to explain why they were not treating it as an urgent repair. In response, the landlord requested more information about the source of the leak and signposted her to the damp and mould contractors to make direct contact.
  25. On 28 January 2021, the resident’s Member of Parliament (MP) contacted the landlord regarding the repairs to the property and the garden. It informed the landlord that:
    1. The tree stump in the garden was dangerous for the resident’s son who had autism and ADHD.
    2. She had reported to the landlord that the property had cracks, leaks and mould.
    3. The hole that had been in the front room for over a year had been repaired.
    4. The leak from the air vent was running like a tap and was located near the electric mains. The resident has been informed that it was not classified as an emergency.
    5. The landlord had arranged to inspect the property on 2 February 2021 but the resident could not wait that long as she was living in a property where the walls and carpet were damp.
  26. The landlord’s records show that on the same day (28 January 2021), it raised a works order to its contractor to inspect the resident’s home with the Council’s Environmental Health Officer (EHO). It noted that the visit could not take place until the coronavirus visiting restrictions were lifted. It also raised a works order for a tree surgeon to visit, assess and quote for the renovations required to the property.
  27. On the same day 28 January 2021, the resident and the landlord communicated regarding the leak from the air vent in the front room. The resident confirmed that she had contacted its out of hours team, who had informed her that the leak was not considered an emergency, however each time it rained, there was a severe leak from the vent.
  28. The resident contacted the landlord on at least three separate occasions on 29 January 2021. She advised that it had rained the previous day, the front room wall and carpet was wet, she could smell stale water and damp. In response, the landlord advised that it had raised an order for the air vent in the front room to be inspected and for a temporary repair to be carried out to stop it leaking.
  29. The landlord emailed the resident on 29 January 2021 to advise that following the visit an order had been raised to clear and repair the guttering. It is noted that the repair was completed on 8 February 2021. A separate works order was raised to cut back the overhanging branches from the tree. This was later showing as cancelled as the repair was not the responsibility of the landlord. In addition, a works order was raised to replace the external vent cover to the front room as it was letting in water. This was showing as competed on 29 February 2021.
  30. On the same day 29 January 2021, the resident informed this Service that the repairs to the property remain unresolved. She advised that she had reported a leaking air vent to the landlord on 14 January 2021, which was similar to a tap running. Consequently, the wall and carpet were damaged. The special educational needs coordinator (SENCO) for her son wanted to write a supporting letter and she requested information on who it should be addressed to.
  31. On 4 February 2021, the resident advised that its damp and mould contractor had attended and sprayed the property. The damp and mould contractor had advised her to use the extractor fans within the property, however she was not aware that they were working. Furthermore, she had also been advised to purchase a dehumidifier and to keep the windows constantly open. She advised that the advice to keep the windows constantly open was not reasonable in light of her health conditions.
  32. In response, the landlord informed the resident that a more extensive survey was required of the property. It would arrange for the kitchen door and frame to be measured and fitted which should take around 6 weeks due to the restrictions caused by the coronavirus pandemic.
  33. The following day 5 February 2021, the landlord informed the resident that it would respond to the complaint by 12 February 2021.
  34. On 9 February 2021, the landlord responded to the MP. It advised that:
    1. It started its investigation in November 2020 into the reported damp in the property.
    2. It had arranged for its specialist contractor to attend to treat the mould.
    3. It had been impacted by the coronavirus pandemic and once restrictions were lifted, it intended to visit with the EHO.
    4. It had arranged for the tree surgeon to visit, assess and quote for the garden.
  35. The landlord’s damp and mould contractor inspected the resident’s property on 9 February 2021 and provided its report on 11 February 2021. It’s key findings were:
    1. It found damp and mould throughout the property.
    2. The overhanging trees had blocked the guttering resulting in a large damp area to the front of the building.
    3. There was damage to the frame of the front entrance door.
    4. The extractor fans to the bathroom and kitchen were not operating correctly.
    5. The vent to the bedroom was leaking water when it rained.
    6. The window seal to the front room was damaged.
    7. The bathroom needed replacement.
  36. In response, the landlord agreed to decant the resident on a temporary basis for the works to be carried out and raised the following works orders:
    1. Replace kitchen fire door and frame.
    2. Replace the front door with a new UPVC door
    3. Decorate the rooms that the damp and mould works were carried out in and the works were to include the hallway
    4. Repair the floor in the toilet.
    5. Toilet to be refitted
  37. The landlord’s records show that it supplied and fitted a new UPVC front door on 9 April 2021.
  38. The landlord updated the resident’s MP on 19 February 2021. It advised that a mould clean had been carried out on 7 February 2021 at the resident’s address. It had not been able to visit with the EHO due to the coronavirus restrictions. The regional manager was overseeing the schedule of works and that it would assess the compensation for the resident once the repairs were completed.
  39. The resident’s SENCO wrote to the landlord on 26 February 2021 advising that the resident had mould in the property, water was dripping into the house from the air vent. This disturbed the children at night, which had affected the children’s attendance at school and was also affecting the resident’s mental health.
  40. The landlord’s records show that it raised an order on 4 March 2021 for its contractor to inject the externals wall, remove the plaster, render internally and render and plaster using an inhibitor. Redecorate all rooms which had works carried out. In addition, a priority one works order was raised to remove the outside cover on vent and seal to stop water getting in. This was completed on 15 March 2021.
  41. On 5 March 2021, the regional manager informed the resident that a visit will take place at her property on 12 March 2021 with its contractors and the EHO. Furthermore, it placed to move her on a temporary basis whilst temporary works were carried out to the property which are shown below:
    1. Plaster from floor for damp works, all walls to be re-plastered and redecorated.
    2. Redecorate hallway
    3. Repair the floor in the cloak room, re-fix the toilet and new vinyl floor.
    4. Refurbish kitchen doors and drawers where required
    5. Install a new bath and retile and decorate the bathroom including a new vinyl floor
    6. Re-carpet throughout.
    7. Repair the guttering which was the cause of the damp
    8. Cut back the trees around the property
    9. Install new manhole cover to rear garden.
  42. The landlord provided an update to the MP on the 8 March 2021, setting out the information it had sent to the resident on 5 March 2021.
  43. The landlord’s records show that on 10 March 2021, it cleaned 70m of the gutter.
  44. The resident contacted the landlord on 11 March 2021 to request the compensation as she had to throw out the mattresses in the property due to the dampness. On 16 March 2021, the MP wrote to the landlord requesting that the assessment of the compensation for the resident take place urgently.
  45. The regional manager emailed the resident on 16 March 2021 regarding the damage to her possessions and signposted her to its insurance team. The resident was advised that a gesture of good will be considered once the repairs and remedial work was completed.
  46. On 23 March 2021, a CCTV report was carried out of the drain. It found the drain required extensive descale to the pipework and for a resin liner to be installed to ensure water tightness and for the drain to be structurally sound.
  47. On 26 March 2021, the landlord informed the resident that an order had been raised to install a French drain to prevent moisture getting in the brickwork. It would remove the external bricks within the cavity and create a path to the rear garden to allow her to access the gas meters. In addition, it will erect a fence for the children to play safely. The work would start within 10 days and then it would arrange for a temporary decant for the internal works to start.
  48. The EHO contacted the landlord on 26 March 2021 to advise that it was surprised at the landlord’s response to the water penetration into the resident’s property from the air vent as the water was coming in near electrical points. It advised it hoped it had carried out training with its staff so that the situation did not reoccur. It advised that the resident had experienced financial loss resulting from the delays for the leak and hoped that the landlord would assess that.
  49. On 2 April 2021, the resident contacted the landlord to report that the mould in the property was still visible.
  50. The landlord informed the resident on 8 April 2021 that she could make a claim on her insurance policy for the damage to her contents or the resident could make a claim on its insurance policy. The resident responded the following day, 9 April 2021 to advise that the condensation started in January 2020 and then the mould started. She had contacted the landlord who did not act until she contacted her MP.
  51. The landlord provided its final complaint response on 30 April 2021. It apologised for the delay in its response. The key findings were:
    1. It had received a complaint about the hole in the wall from the air vent, damaged ceiling from the leak above, damp and mould, condition of the garden and the broken front entrance door.
    2. It had requested that its contractors assess the damp and mould in the property.
    3. It had arranged for the external and internal hole in the front room to be filled on 30 November 2020 and for the hallway ceiling to be repaired on 21 December 2020.
    4. It had inspected the garden, and a tree surgeon was required to attend. It had contacted the Council to organize this.
    5. It had booked an appointment to repair the leak from the air vent and it had referred her claim for damage to her personal items to its insurance team for assessment.
    6. It advised that she could mitigate the damp and mould in the property by using the heating, ventilating the property which should mitigate the mould growth.
    7. It offered £50 for the inconvenience that she experienced and £70 for the delay in its complaint handling response.
    8. It provided an update following its inspection of her property that was carried out on 2 February 2021.
      1. The redecoration of the hallway ceiling was completed on 9 December 2020.
      2. The toilet was removed on 3 February 2021.
      3. The UPVC front door was replaced on 7 April 2021.
      4. The repair to the guttering was completed on 3 February 2021.
      5. The CCTV survey was  carried out and the gully unblocked on 26 March 2021.
      6. The installation of the French drain, gate, fencing, work to the concrete foot path, and ivy removal from the external walls was completed on 15 April 2021.
      7. The damp proofing works were ongoing.
  52. The resident contacted the landlord on 1 May 2021 to advise that the air vents located in the front room and her bedroom needed replacing. In addition, she had been reporting repairs since she moved in and the Coronavirus pandemic was not the reason for the delay in its response.
  53. After the complaint process was exhausted the following occurred:
    1. The landlord informed the resident’s MP on 14 May 2021 that it had agreed as a gesture of good will to renew carpets to the front room, hallway and three bedrooms in the property. This was completed on 21 July 2021.
    2. It raised an order on 27 May 2021 to install extractor fans, to remove an external rear and four front external air vents and brick up the openings.
    3. The resident was temporarily accommodated from 11 June 2021 to 12 July 2021 for the internal works to take place in the property.
    4. The resident’s property was inspected on 9 August 2021, it was that confirmed that the works to the property were completed.
    5. The landlord informed the resident’s MP on 16 August 2021 that the trees in the communal area are subject to a tree protection order, and it is working with the Council to agree a way forward.
    6. It has offered to partition an area in the garden to create a level space for the resident’s children to use but this has been refused by the resident.
  54. The resident remained dissatisfied and escalated her complaint to this service on 14 September 2021. She advised that she had reported the repairs to her landlord for over two years and one of her children had autism and ADHD. Despite the school contacting the landlord on 3 separate occasions, it did not act to resolve the repairs. The property still required repairs and the living conditions had affected her and her children. Furthermore, she had not been taken seriously.
  55. The landlord informed this Service on 18 October 2022, that the trees in the garden are the responsibility of the neighbouring property and its contractor had contacted the local authority to obtain permission for the tree to be reduced. However, it was advised that permission was required from the neighbour. The Council had advised that the location of the trees were not affecting the block therefore permission to reduce the trees was unlikely, unless there was a health and safety hazard.

Assessment and findings

  1. The Ombudsman recognises that the resident has been distressed by her living conditions and the impact on her and her family. This investigation will look at the landlord’s response to the resident’s repair reports that it received and consider whether its response was reasonable in all the circumstances of the case.

the repairs to remedy the damp and mould within the property.

  1. The landlord is obliged under the tenancy agreement to keep the structure and the exterior of the property in repair. Therefore, when the resident initially complained about the leak from the gutter in the bedroom in October 2019, the landlord acted appropriately by arranging within three days for the gutter to be cleared and then carried out further work to clean the roof, gutter and hopper.
  2. The resident complained in November 2020 that there was mould growth in the property and the landlord arranged for a damp specialist to visit. However, the damp specialist did not attend until 4 February 2021 and carried out a mould wash, which represented an unacceptable delay of three months for the resident to wait for the inspection to take place. It must be said that the situation presented by the coronavirus pandemic was unprecedented and this led to a change in working practices for the landlord and its contractors which had moved to only progressing emergency and critical repairs. This Service acknowledges that between November 2020 and February 2021 the government had introduced lockdown restrictions. This inevitably impacted on the actions that could be taken and contributed to some of  the delay experienced by the resident.
  3. The landlord carried out repairs to remedy the damp by bricking up the hole to the front room vent in November 2020, replacing the external ventilation cover in January 2021 and carrying out further repairs to the guttering in February 2021. While the landlord’s repairs policy does not provide a repair timescale, these repairs were completed within a month of the order being raised which is a reasonable timescale.
  4. Following the resident’s concerns that the mould wash conducted by the damp specialist had not remedied the mould within the property, the landlord arranged for a further intensive damp survey to be carried out in February 2021, which was raised and completed within 10 working days. This survey informed the landlord that the resident had mould and damp throughout the property. It had taken from November 2020 to February 2021 for the landlord to recognise the severity of the dampness within the property, which was unacceptable. The landlord ordered for the walls within the property to be injected, replastered and decorated.  It took a further four months for the resident to be decanted to temporary accommodation from 11 June 2021 to 12 July 2021 whilst the internal works were being carried out. This was not reasonable considering the landlord had received representation regarding the resident’s living conditions from the resident’s MP in November 2020, January 2021, February 2021 and her son’s SENCO in February 2021.
  5. With regard to the resident’s claim for the landlord to compensate her for the damage to her and her children’s damaged belongings, the landlord has signposted the resident to make a public liability claim under its insurance policy for the damage to her belongings. It is not within the Ombudsman authority to determine whether the landlord have been negligent in this regard as this is a matter more appropriately considered by an insurance or legal process. Therefore, it was reasonable of the landlord to refer the resident to make a public liability claim.
  6. In its complaint response, the landlord has offered the resident £50 for the inconvenience that she has experienced and after the complaint response  agreed to carpet the resident’s front room, hallway and three bedrooms. In considering whether the landlord’s offer of compensation is reasonable, the Ombudsman has taken into account the landlord’s compensation policy and this Service’s own Dispute Resolution Principles: be fair put things right and learn from outcomes and our published Remedies Guidance.
  7. One of the factors, that the Ombudsman considers is whether the redress is proportionate to the severity of the service failure by the landlord. Looking at the severity of the service failure, while the landlord offered a compensation amount of £50, the landlord’s offer does not represent reasonable redress as it does not take into account the distress and anxiety caused to the resident. Its delay was also significantly outside what the Ombudsman would expect when a landlord is resolving reports of mould and damp in a resident’s home.

repairs to the front door

  1. The resident reported to the landlord that she had difficulty locking the front door in October 2019. The landlord’s repair policy says that it will respond to an emergency repair within 24 hours. The landlord’s records show that the repair was completed in accordance with this timescale. However, it was noted that the condition of the front door meant that it was unlikely to be repaired again.
  2. There was a second report regarding the door in January 2020. The landlord assessed that a new door and frame was required to the front door. Two weeks later in mid-February 2020, it raised an order to repair the lock to the front door and raised a follow-on order to replace the front door. The landlord contacted the resident on 27 March 2020 to advise that it had changed its working practices as a result of the coronavirus pandemic and it was only carrying out emergency repairs. It reasonably informed the resident that it would carry out an inspection of the door to make sure that it was safe and it did so within two weeks on 8 April 2020.
  3. The landlord is responsible for ensuring the safety of its residents which means it should ensure that it has a functioning lockable front door.  There is no record of the landlord making any attempts to chase up the replacement door with its contractors even though in its correspondence with the resident’s MP, it was aware that the repair remained outstanding. This was inappropriate especially as there is also no evidence that it offered any assurances to the resident about the length of time it expected the repair to be concluded.
  4. The landlord accepted that it was responsible for the repair to the front door. It took until 25 November 2020 – seven months after it attended to make safe the door to 9 April 2021 for the front door to be replaced. This was an unacceptable overall delay of nearly 14 months for the landlord to replace the front door.
  5. Whilst the landlord in its final complaint response noted the impact of the coronavirus pandemic on its repair service, it did not address the extent of the delay experienced by the resident or that the landlord had not met its service standards. Whilst the impact of the coronavirus pandemic may have been outside the landlord’s control, its overall offer of compensation of £50 does not address the inconvenienced experienced by the resident in its delay in replacing the front door. Furthermore, the landlord’s final complaint response did not offer an explicit apology for the inconvenience experienced by the resident in getting her front door replaced. Whilst this in itself it not a failure, it would be appropriate for the landlord to provide a clear apology when something has gone wrong to accept responsibility for it as well as expressing regret that it occurred.

the resident’s reports of the condition of the garden

  1. The resident reported that she was dissatisfied with the condition of the garden as it was overgrown and dangerous as there were foxes in October 2019. The resident advised that due to the condition of the garden, she could not access the gas meters and that a tree stump in the garden was a hazard for her children. Looking at the available information the landlord took 14 months before it requested that its contractor carry out an inspection of the garden in December 2020. This was not appropriate as it took too long to assess whether there was any hazards in the garden that it needed to remedy and there is no evidence that it kept the resident informed during this period of the reason for the delay.
  2. The contractor carried out an inspection on 11 December 2020 and advised that a tree surgeon was required to inspect the garden. The landlord’s complaint response advised that the tree was not the responsibility of the landlord and that it had pursued this with the Council. This was a reasonable approach to take to resolve the resident’s concerns. The landlord has subsequently informed this Service that the tree is protected and it is of the opinion that it is unlikely to obtain permission from the neighbouring property for the tree to be reduced.
  3. Following the complaint process, the landlord responded to the resident’s concerns by agreeing to create a path to the rear garden to allow access to the gas meters and to erect a fence for her children to play safely.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the repairs to remedy the damp and mould within the property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the repairs to the front door.
  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 of the condition of the garden.

Reasons

  1. The landlord unreasonably delayed in resolving the mould and damp to the resident’s home, resulting in the resident waiting for at least 14 months for the works to be concluded which cannot be wholly attributed to the restrictions imposed by the coronavirus pandemic.
  2. The landlord failed to replace the resident’s front door within a reasonable timeframe resulting in the resident waiting for over a year for a replacement door.
  3. The resident complained about the condition of the garden. There was an unacceptable delay in the landlord arranging for the garden to be inspected and for the inspection to be carried out.

Orders

  1. The landlord to write to the resident to apologise for the service failures identified in this report.
  2. The landlord to pay the resident a compensation award of £800 broken down as:
    1. compensation of £500 for the distress and inconvenience caused by the delay in resolving the damp and mould in her property.
    2. compensation of £200 for its delay in installing the front entrance door.
    3. compensation of £100 for its delay in assessing the condition of the garden.
  3. The landlord should confirm compliance with these orders to this Service within four weeks of the date of this report.