Mid Devon District Council (202303628)

REPORT

COMPLAINT 202303628

Mid Devon District Council

29 April 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:
1. Reports of damp and mould at the resident’s property and her damaged belongings.
2. A leak at the resident’s property.

Background

The resident is a secure tenant of the landlord.
On 24 October 2022, the resident reported issues with damp and mould within her property. In addition, on 8 November 2022, a leak from the resident’s porch was identified and reported.
On 18 January 2023, the resident contacted the landlord and stated that the damp and mould in her property had damaged her furniture. The landlord acknowledged and responded to the resident’s email on the same day and explained that it would raise a service request to investigate the issue about her damaged belongings.
The landlord responded to the raised service request about the resident’s damaged belongings on 27 January 2023. It explained that it could not find a leak and stated there was no property defect but there were high levels of humidity within the home, which was leading to condensation and surface mould. The landlord stated that it had carried out or had planned to carry out the recommended works, and it had acted on all the resident’s reports. Therefore, it explained that it was unable to uphold the resident’s request for compensation for her damaged belongings.
On 29 January 2023, the resident emailed the landlord and stated that she felt that some compensation should be given to her for at least the damage to the bedside cabinet and for the problems caused.
The landlord responded to the resident’s email on 30 January 2023 and stated that it could not offer the resident any compensation. Therefore, it asked the resident if she would like the issues escalated to a stage one complaint. The resident responded on the same day and confirmed that she would like to escalate the issue to a complaint.
On 31 January 2023, the landlord provided the resident with a provisional stage one complaint response. It explained that it had carried out the following works to resolve the damp and mould at the resident’s property:
1. On 13 January 2023, the landlord attended to fit a vented roof tile and ducting for the bathroom fan.
2. On 18 January 2023, it reconnected the bathroom fan.
3. It provided the resident with a mould pack to treat the mould at her home.
4. It had instructed its contractor to fit a positive Input ventilation system (PIV) at the resident’s property.
The landlord also explained that it had booked repairs for 13 and 14 February 2023 to resolve a leak from the resident’s outhouse/porch roof. It also stated that, as explained in its previous service request response letter, it encourages residents to have contents insurance to cover damage to their property where this has been through no fault of the landlord. The landlord stated it was unable to uphold the resident’s complaint. It asked the resident to respond to the provisional stage one complaint response by 6 February 2023, if she would like to raise any further points in her complaint.
On 6 February 2023, the landlord provided the resident with a final stage one complaint response. The response included the same information as the stage one provisional decision referenced above.
On 14 March 2023, the resident requested her complaint to be escalated to the next stage of the landlord’s complaints process. She stated that there was an issue with her damp floor, which had still not been resolved. She explained that the landlord’s operative had visited her property and confirmed that the floor was wet from damp, but since then she had received no further communication.
The landlord provided it stage 2 complaint response to the resident on 21 March 2023. It explained that its investigation had shown that it had acted appropriately in attending to identify any defects which could be contributing to high levels of humidity and mould in her home. The landlord stated the resident looked after her home well and stated there was also no evidence that the damp and mould was caused by any defect to the property. It explained where dampness is caused by excess humidity through day-to-day use of the property, this remains a tenant responsibility, however where it can make improvements, it will. The landlord explained in relation to the flooring, it confirmed that the sample taken did not show any excess dampness. This confirmed that any moisture affecting the carpets originated from the air and not from the ground. It stated that this could be resolved by controlling humidity. The landlord stated it could see that a number of ventilation improvements had been recommended, and it was likely that it might take several months for the excess humidity levels to dilute and return to a normal level. It suggested that should any mould return in the next autumn/winter period, that the resident contact it and it would arrange for further investigation works to be carried out. The landlord confirmed it was unable to uphold the resident’s complaint.
The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was to receive compensation from the landlord.
The landlord has confirmed in its file submission sent to the Ombudsman that the resident moved to a new property via mutual exchange in November 2023.

Assessment and findings

Scope of investigation

The resident has mentioned as part of her complaint that the mould at the property has impacted hers and her children’s health. The service does not doubt the resident’s comments about hers and her children’s injuries. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident and her children’s health. It would be more appropriately suited for a court or liability insurer to investigate a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant risk to health. This service can consider the general risk and any distress and inconvenience caused by any errors by the landlord as well as its response to the resident’s reports of damage to health.

Policies and procedures.

The landlord’s repairs policy states that the landlord is responsible for the outside of a resident’s property, the main structure of the property and any fittings and appliances it has provided.
In addition, the landlord’s repairs policy includes the following response timescales for the following repair categories:
1. Emergency repairs – the landlord will attend within 4 hours.
2. Urgent repairs- the landlord will complete the repair within 7 working days.
3. Routine repairs – the landlord will complete the repair within 35 working days.
The landlord did not have a damp and mould policy in place at the time of the resident’s complaint. However, it now has a damp and mould policy in place, which came into operation in November 2023. The landlord’s damp and mould leaflet in place at the time explains that the landlord is responsible for fixing plumbing and roof leaks. It also states that the landlord is responsible for repairing extractor fans, windows, heating and ensuring loft spaces are evenly insulated.

Assessment

Reports of damp and mould at the resident’s property and her damaged belongings.

The resident contacted the landlord on 24 October 2022 and reported issues with damp and mould within the bathroom. Following the resident’s report, the landlord arranged its contractor to attend the resident’s property to inspect the bathroom on 8 November 2022. During the inspection, it was identified that the bathroom extractor fan was not working and required fixing. The work required to the bathroom extractor fan included new insulated ducting which needed to be taken out through the roof on a new vented roof tile. Following the inspection, a work order was raised by the landlord for works to the extractor fan. The landlord responded appropriately to the resident’s report about the damp and mould and inspected the bathroom within a reasonable timeframe.
On 29 November 2022, the resident contacted the landlord with an additional report of damp and mould within the property. Following the report, the landlord provided the resident with a mould treatment pack and the landlord’s surveyor carried out a damp and mould inspection at the resident’s property on 30 November 2022. The survey identified there was high levels of humidity within the property and several works to resolve the damp and mould were recommended. The recommended works included repairing the bathroom extractor fan and ensuring that it was adequately ducted and vented and checking the loft insulation levels. It was also recommended that the ground level to the rear, and the ramped access to the side could be adjusted, but it was suggested that this could be reviewed and considered after additional ventilation assessments had been completed. The landlord’s surveyor also suggested possible improvements to the property, which included an additional ventilation assessment, and if approved, to arrange for a positive input ventilation unit to be installed. The other suggested improvement was to remove the lean to the roof if damp and mould issues persist. The landlord’s surveyor inspecting the property was a reasonable step to identify possible repair and improvement works to resolve the damp and mould issue within the resident’s property.
On 5 December 2022, the landlord started works to repair and improve the bathroom extractor fan in line with the surveyor’s recommendation. The landlord’s contractor returned to fit a vented roof tile and ducting for the bathroom extractor fan on 13 January and 2023 and the extractor fan was reconnected on 18 January 2023. Considering, the landlord’s contractor had to access the roof to complete the new insulated ducting which needed to be completed through a new vented roof tile, it completed the repair within a reasonable timeframe. The landlord’s contractor also checked the loft insulation at the property, which was part of the surveyor’s recommendation, and repaired the kitchen wall fan on 12 December 2022.
The landlord also arranged for a condensation and mould specialist to inspect the resident’s property and carry out a ventilation assessment on 15 December 2022. The specialist identified that there were traces of mould in the bathroom and one bedroom. It was also identified that the second bedroom had signs of previous mould issues and there was no existing ventilation identified within the loft. The condensation and mould specialist recommended for a positive input ventilation unit to be installed in the loft, which would distribute air via a diffuser that would be located centrally in the hallway. A work order was raised for the positive input ventilation unit to be installed. As the installation unit was classed as improvement work rather than a repair, the landlord’s timescale for improvement works was 12 months.
On 6 February 2023, the resident contacted the landlord and stated that the floor in one bedroom was wet and damp. Following the resident’s report about the floor, the landlord’s contractor carried out an inspection and took a sample of the floor under the carpet on 22 February 2023. The landlord responded appropriately to the report about the floor and in line with the timescales referenced in its repairs policy. It also explained in its stage 2 complaint response provided to the resident that the sample taken from the bedroom floor did not show any excess dampness, which confirmed that any moisture affecting the carpets originated from the air and not from the ground. The landlord explained it was common for concrete floor slabs to be very cool and any excess humidity would often condensate in these areas. It stated that the issue could be resolved by controlling humidity. The landlord’s response was reasonable in this instance, and it took reasonable steps to identify the cause of the damp carpet.

The landlord’s condensation and mould specialist installed the positive input ventilation unit at the resident’s property in March 2023. This was in line with its planned improvement work timescale. It was also a positive step by the landlord agreeing to carry out the improvement work to help resolve the humidity levels and damp and mould at the property. Following the installation of the ventilation unit, the landlord contacted the resident in July 2023 to check if the ventilation unit had improved the damp and mould at her property. It was reasonable for the landlord to wait a few months to contact the resident, so it could effectively measure the impact of the installation of the ventilation unit.
On 27 July 2023, the resident responded to the landlord with an update about the condition of the property. She explained she had experienced no issues with damp and mould in the lounge or her children’s bedroom since the installation of the positive ventilation unit. However, she stated she was experiencing damp and mould issues on the wall, backing onto the passageway in the kitchen, and stated that she noticed a mould line along the wall in her bedroom. Although the ventilation unit had partially improved the situation, the resident was still experiencing some damp and mould issues in part of the property.
In response to the damp and mould issues mentioned by the resident, the landlord arranged an additional surveyor inspection of her property on 3 August 2023. During the inspection, it was identified that the property felt very humid, and the surveyor recommended for monitoring equipment to be installed at the resident’s property to monitor the temperature and humidity and help identify any patterns. The landlord also wrote to the resident on 11 August 2023 and explained that it completed the following actions as part of the inspection:
1. Updated ‘Moisture meter’ readings of affected surfaces and ‘reference’ surfaces.
2. Updated humidity readings.
3. Took a sample of the concrete floor slab in the front bedroom for calcium carbide testing.
4. Took a sample of the wall finish in the front bedroom for salts analysis.
The landlord also explained to the resident that it would fit a floor moisture monitor and an environmental monitor kit at her property.
The landlord set up a floor hygrometer at the resident’s property on 24 August 2023 and installed environmental monitoring equipment at the property in October 2023. The results of the hygrometer were that the floor had a normal moisture range and the environmental monitoring equipment identified low heating levels as the primary cause of the mould and condensation levels. Based on the results from the monitoring equipment, the landlord signposted the resident to financial support, which could support her with increasing the heating level in the property and paying her energy bills. In addition, the resident had submitted a mutual exchange application to move to another property, and the landlord explained it fast tracked the resident’s application considering the circumstances. The landlord showed good practice by signposting the resident to financial support for her energy bills and also by fast tracking the resident’s mutual exchange application.
Shortly after this, the resident’s mutual exchange application was approved, and she moved to the new property in November 2023. The landlord has confirmed that the new tenants who have moved into the property have experienced no issues with damp and mould.
The resident also asked the landlord to compensate her for belongings which were damaged by the damp and mould. The landlord initially investigated the resident’s request as a service request and provided her with an outcome letter. It explained that it could not find a leak or property defect which was causing the damp and mould issue. The landlord stated that there were high levels of humidity within the home, which was leading to condensation and surface mould. It also explained that it had carried out or was planning to carry out the recommended works and it had acted on all the resident’s reports. Therefore, it explained that it was unable to compensate the resident for her damaged belongings. In addition, the landlord also explained in its stage one complaint response that it encourages residents to have contents insurance to cover damage to their property where this has been through no fault of the landlord.
The Ombudsman recognises it must have been difficult for the resident dealing with her belongings being damaged. However, in this case, the landlord considered the resident’s request and provided a reasonable response. The landlord would only be responsible for reimbursing the residents for their possessions if there was sufficient evidence to confirm the landlord was directly responsible for the residents’ possessions being damaged through its action or inaction. In this case, it was identified that the damp and mould was caused by humidity levels in the property. Therefore, there is no evidence to suggest that the resident’s belongings were damaged due to a failure by the landlord. Therefore, it was reasonable for the landlord to refer the resident to claim on her contents insurance policy, if she had one.
The Ombudsman recognises that it must have been difficult for the resident and her children living in a property with damp and mould. However, the landlord responded appropriately to the resident’s report of damp and mould at the property by carrying out the necessary inspections and works to resolve the issue. In addition, it signposted the resident to financial support to help her increase the heating levels within the property and fast tracked her mutual exchange application. The landlord also provided a reasonable response to the resident’s request for compensation for her belongings damaged by the damp and mould. Therefore, there has been no maladministration by the landlord in its handling of reports of damp and mould at the resident’s property and her damaged belongings.

A leak at the resident’s property.

On 8 November 2022, the landlord identified that there was a leak coming from the porch roof at the resident’s property. The landlord’s contractor attended on the same day and recommended that the roof be renewed. On 16 November 2022, it was reported that water was possibly getting into the electrics from the porch roof leak. The landlord responded promptly to the report and made the electrics safe on 17 and 18 November 2022.
The landlord explained in its stage one complaint response sent to the resident on 6 February 2023 that it had raised a work order to fix the porch roof and rectify the leak. It explained that it had booked an appointment for the works for 13 February 2023 and 14 February 2023. The landlord informed the resident in previous correspondence that there had been a delay booking an appointment for works because of the availability of operatives.
The Ombudsman recognises that the landlord provided a reason for the delay in a booking appointment for the porch repair works. However, the booked appointment in February 2023 was not in line with the timescales referenced in the landlord’s repairs policy. In addition, the landlord’s repair records show that the landlord’s contractor failed to attend the resident’s property in February 2023 to complete the repair works to the porch roof. This was unreasonable and resulted in the resident experiencing a further delay in the porch repair being completed. The resident also mentioned to the Ombudsman that the electrics in the porch were disconnected for a considerable amount of time because of the outstanding repair, which resulted in there being no light to use. The Ombudsman recognises that must have been very difficult for the resident.
The landlord eventually completed the repair to the porch roof in June 2023. The landlord confirmed the porch roof was renewed on 1 June 2023 and its records show the electrics were renewed on 6 June 2023. Overall, it took the landlord approximately 7 months to complete the porch repair. The landlord’s delay in completing the works to repair the porch was unreasonable and would have caused distress and inconvenience to the resident. The Ombudsman would have expected the landlord to complete the porch repair much sooner than it did.
There has been maladministration in the landlord’s handling of a leak at the resident’s property. It would be appropriate for the landlord to pay the resident compensation of £300 to recognise the distress and inconvenience the resident would have experienced due to the landlord’s delays. The Ombudsman’s approach to compensation is set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £100 to £600 where there has been a failure by the landlord which adversely affected the resident, but there was no permanent impact. In this case, there was no permanent impact as the porch repair was eventually completed, although there was distress and inconvenience for the resident before it was completed.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of reports of damp and mould at the resident’s property and her damaged belongings.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of a leak at the resident’s property.

Orders

The landlord to pay the resident £300 compensation for its handling of a leak at the resident’s property.
The landlord must comply with the above order within 4 weeks of the date of this report.