Midland Heart Limited (202338142)

REPORT

COMPLAINT 202338142

Midland Heart Limited

16 August 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 of:
1. leaks, damp and mould
2. damage to personal items
3. impact on her health

Background

The property is a ground floor flat, and the resident holds an assured tenancy with the landlord.
On 1 June 2021 the resident made a report of mould growth in the kitchen and hallway. The resident also reported faults to her electric shower.
In response, the landlord logged an emergency repair for the electric shower and a separate damp and mould treatment.
On 16 February 2023, the resident called the landlord to make a new report of damp and mould. At the same time, she also reported a possible leak and that her floorboards had been damaged.
During this telephone call, the landlord advised the resident to purchase mould spray to treat the area herself. She confirmed she would buy the spray and call back if it did not fix the problem. The landlord also logged two repairs, one to trace the leak and assess the damp and mould on 27 February 2023, and another to check the damaged floorboards, booked for 10 March 2023.
On 24 February 2023, the resident called the landlord to cancel the repair booked for 27 February 2023 because she bought the mould spray and treated the area herself which appeared to resolve the issue.
On 4 September 2023, the resident reported damp and mould again. In response, the landlord logged 2 further repairs. The notes from these repairs indicate that a sink was unblocked and that previous leaks had been identified but nobody had returned to complete the works. An operative was also booked for 25 September 2023 to assess the damp and mould.
On 17 September 2023, the landlord visited the property to make the electrics safe as the resident had reported a leak coming through a light fitting in the bathroom. The landlord attended on the same day and made the light safe.
In the days after this visit, the resident said she experienced electric shocks from other switches in the property but did not report this and waited for the follow up visit which was booked for 25 September 2023.
On 25 September 2023 the operative visited and reported that there was damp and mould due to ongoing leaks, which appeared to be coming from within the structure of the building and would arrange for a more detailed survey.
The landlord also logged a new emergency electrical repair to make the electrics safe on the same day. However, the resident did not grant access to this operative as she said she was not aware of this appointment.
On 29 September 2023, the resident had a further visit from an operative to check the electrics. The repair notes from this visit confirmed the light had already been made safe. It appears that the electrics were kept disconnected at this visit due to the leaks.
On 3 October 2023, the landlord attempted to complete a damp and mould survey. The landlord’s records say it was unable to gain access to the property and left a voicemail for the resident to rearrange the appointment. This appointment was rearranged to 13 October 2023.
On 13 October 2023, the landlord completed a damp and mould survey and identified a schedule of works to be completed. This included:
1. Kitchen, bathroom and hallway plastering
2. Door frame repairs
3. Dehumidifier to be provided
4. Damp and mould treatment
5. Replacement of bathroom flooring
On 17 October 2023 the landlord issued its stage 1 complaint response and communicated this schedule of works. It also explained once the repairs were completed it would assess the situation for an offer of compensation.
On 30 October 2023, the resident requested to escalate her complaint to stage 2 of the complaints process. She explained that she had not been contacted to book any of the repairs which were identified at stage 1. In her stage 2 request, she also highlighted the ongoing impact the issues were causing to her.
The landlord issued its stage 2 response on 8 December 2023. In the response, the landlord provided appointment dates for the works to take place in December 2023. It also asked the resident to provide a list of her damaged belongings, and information on how she could submit a claim to the landlord’s liability insurer for the impact on her health. The landlord also offered £350 in compensation. This was comprised of:
1. £250 for the delays in identifying the causes of the damp and mould
2. £100 for the inconvenience and impact
On 25 January 2024, the resident responded. She explained that none of the works outlined in the stage 2 response had been completed. The resident explained that no electric sockets were now working in the property.
On 4 February 2024, the resident provided a letter to the landlord in follow up to the stage 2, to provide a list of her damaged items and her continued concerns that works had still not been done. On the same day, the resident also submitted a liability insurance claim for the impact on her health.
On 25 April 2024, the landlord indicated that the resident had temporarily moved out of the property and a key safe had now been installed so the landlord could enter the property to complete the repairs.
On 15 May 2024, the landlord also noted that the resident’s own laminate flooring had been damaged. The landlord agreed to replace the flooring.
On 10 June 2024, the landlord confirmed that all the remedial works to the property had been completed.
The resident’s representative has explained to the Ombudsman that she was not aware the landlord had completed the works to the property and she received no confirmation that it had been done. The landlord has said it has been attempting to contact the resident to communicate the outcome, but it has been unable to reach her.
The resident is dissatisfied with the overall handling of her reports of leaks, damp and mould in the property and the landlord’s actions. The resident has brought the matter to this service to review. The resident wants compensation in recognition of the damage caused to her personal belongings and impact on her health as well as confirmation that the works to the property have now been completed.
The landlord has explained to the Ombudsman that it is prepared to make a new offer of compensation following an independent review completed in June 2024. This revised offer includes a personal apology, an offer of additional compensation and a payment for the resident’s damaged personal belongings in full. It says it has attempted to contact the resident to progress this offer and is waiting to hear back from her.

Assessment and findings

Scope of investigation

This investigation will focus on events from October 2022 which was 12 months prior to the resident raising a complaint to the landlord. This is in accordance with paragraph 42 of the Housing Ombudsman Scheme which says the Ombudsman will not consider complaints which were not brought to the landlord’s attention as a formal complaint within 12 months of the issue occurring . We will also consider the actions the landlord took after issuing its stage 2 complaint response. This is because the schedule of works outlined by the landlord was part of its attempt to resolve the resident’s complaint and was not a separate issue.

Policies and procedures

The landlord’s damp and mould policy sets out its approach to tackling damp and mould in its properties.
The landlord has a 2-stage approach to handling reports of damp and mould:
1. At stage 1 it says it will arrange for a repairs operative to visit and treat the area with anti-mould solution within 14 days of it being reported and follow-up repairs completed within 28 days.
2. At stage 2, the landlord will arrange a damp and mould survey which will be done within 7 days of the landlord becoming aware of the problem. Any specialist works required after this will be completed within 90 days.
If the landlord believes the damp and mould is significant, it will bypass stage 1 and go straight to stage 2.
If the landlord is unable to identify specific property issues it will allocate to a manager who will work with the resident to address the issue which may include the provision of temperature and humidity sensors.
The policy says it will also consider decanting (temporarily moving) the resident if the property is unsafe on a day-to-day basis.

The landlord’s handling of the leaks, damp and mould

When the resident reported the damp and mould on 16 February 2023, the landlord’s initial response was appropriate. It logged a repair and communicated the appointment date to the resident. This was in accordance with its damp and mould policy. It was also reasonable for the landlord to believe the resident had successfully treated the damp and mould when she called to cancel the appointment on 24 February 2023. The landlord gave proportionate advice by telling the resident she could call again if the issue came back.
When the resident made the new report of damp and mould on 4 September 2023, the landlord logged a new appointment for a repairs operative to visit. The resident has explained the extent of the damp and mould was realised in the visit by a repairs operative on 25 September 2023.
Repairs logs and job notes seen by this service do not always clearly show what, if any, follow on works were identified and recommended from the landlord’s visits. Repair logs should provide specific appointment dates, including a clearer outcome of follow on works identified at each visit so that repairs can be monitored effectively.
When the landlord completed a full survey on 13 October 2023, a schedule of works was then identified. The landlord communicated this schedule of works to the resident in its stage 1complaint response. It was appropriate that the landlord communicated this to the resident in writing. However, the landlord failed to provide the resident with appointments at stage 1 for the works which caused further unnecessary delays. At stage 2, the landlord provided appointments for the works to be completed in December 2023, however, the resident said these appointments did not happen.
The landlord also attempted to contact the resident in November 2023 to arrange a new damp and mould survey. It is unclear why a further damp and mould survey was needed and the resident explained to the landlord that a survey had already been done. This is poor record keeping and communication by the landlord. This was understandably frustrating for the resident who may have felt that the landlord was not taking her reports seriously.
The resident had additional visits from the landlord’s operatives in January 2024 and ongoing contact with its staff after the stage 2 complaint response was issued. However, the resident has explained that appointments she was provided with did not take place.
On 4 June 2024, the landlord successfully completed the repairs it had identified. The landlord also replaced the resident’s own laminate flooring in recognition of the delays and the damage caused to it by the leaks in the property. It was fair and appropriate for the landlord to replace the laminate flooring. Whilst the landlord was not obliged to replace the flooring, it did so in recognition of the situation and the prolonged impact on the resident. This has been considered as part of the landlord’s overall offer of compensation for distress and inconvenience.
The time between the works being identified and being completed was disproportionately long. It is noted that it took the landlord 161 working days for the works to be completed. This goes against the landlord’s policy statement which says that specialist works will be completed within 90 days of a damp and mould survey. The impact of the delays on the resident were notable. The resident experienced electric shocks from switches in the property and has said that she was unable to use the bathroom due to the damp and mould. This would have been understandably distressing and potentially dangerous for the resident This has been considered when assessing compensation, as detailed further below.
During the period of the complaint, the resident says the condition of her home impacted her health. The Ombudsman does not doubt the resident’s testimony regarding this. It is widely accepted that damp and mould can have a negative impact on health, particularly for people who have respiratory conditions. The Ombudsman has considered the general impact of damp and mould, but it is outside our remit to establish if there was a direct link between the action or inaction of the landlord and any specific impact on the resident’s health. It is noted the landlord provided the resident with its liability insurer’s details and the resident initiated a claim. It was reasonable for the landlord to do this to assist the resident with resolving this matter. It is outside the Ombudsman’s remit to comment on the outcome or handling of insurance claims and therefore we would not comment on the actions of the landlord’s liability insurer.
The landlord has said that, following the resident’s complaint, it commissioned an independent review of the case to understand what it could have done differently for the resident and to prevent situations like this from happening again. It is reassuring to see the landlord has recognised its failings and identified potential learnings from this complaint. This is a reasonable and positive step to improve its service in future. In June 2024, the landlord said it wanted to increase its offer of compensation. This included covering the costs of the resident’s damaged personal belongings and an increased offer of financial redress. The specific amount was not provided to this service.
While it is positive that the landlord reflected on its actions and increased its offer of compensation, it is the Ombudsman’s role to review the landlord’s complaint handling through the 2 stages of its formal complaints process. Whilst we will consider any offers the landlord has made after the end of the complaints process when looking at compensation, any findings we make will be based on whether the landlord did enough to resolve the complaint through its complaints process rather than any steps it took after the end of the complaint process. As it is not clear whether the landlord has written to the resident with the revised offer, it appears to this Service that the landlord only undertook a further review after the issue had been brought to the Ombudsman for investigation. This was inappropriate as it missed the opportunity to resolve the complaint through its internal complaints process.
The resident temporarily moved out of the property in approximately March 2024 until the works were completed. The resident has said the ongoing impact on her and the concerns for her health felt that she was left with no other choice. It would have been appropriate for the landlord, in view of this and the regular reports about the condition of the property, to consider if a decant at an earlier opportunity would have helped resolve this and helped the landlord to complete the repairs sooner.
Where there are admitted failings by a landlord, the Ombudsman’s role is to consider whether the redress offered by the landlord (£350 in compensation and an apology) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right, and learn from outcomes.
Whilst the landlord is now reviewing its offer of compensation and is prepared to compensate the resident for her damaged items and increase its offer, it is the Ombudsman’s opinion that the amount of £350 compensation it offered at stage 2 of the complaints process did not provide adequate redress for the failures identified and failures to complete what it promised in its complaint responses. As the landlord has not specified an amount for its revised offer, the Ombudsman has considered what an appropriate amount would be.
This service therefore orders the landlord to make an additional payment of £250. The additional amount ordered is in line with the Housing Ombudsman’s Remedies Guidance which is available on our website which suggests awards in this range where there are failures by the landlord which had a significant adverse effect on the resident such as causing distress and/or inconvenience but may have had no permanent impact. In this case, there was no permanent impact as the landlord ultimately completed the repairs, but there was significant distress and inconvenience for the resident.
As this service has noted that the landlord has now completed the works in the property, no further orders are being made around this. However, if the resident is dissatisfied with the outcome of the works, then she may wish to raise a new complaint with the landlord about this.
Because the repairs were not completed in a timely manner following the landlord’s various visits and the damp and mould survey, this service makes a service failure determination with regards to the landlord’s handling of the leaks, damp and mould. This service failure finding is made due to the overall delay the resident faced for the repairs being completed, the missed opportunities by the landlord to identify the causes of the damp and mould, and the distress and inconvenience caused to her.

Determination

In accordance with paragraph 52 (d) there was service failure with regards to the landlord’s handling of the resident’s reports of leaks, damp and mould.

Orders and recommendations

Orders

Within 4 weeks of this report, the landlord is ordered to pay the resident £600 in compensation. This is comprised of:
1. £350 already offered at stage 2 of the landlord’s complaints procedure, if this has not already been paid
2. An additional £250 in recognition of the distress and inconvenience caused by errors in its handling of the damp and mould reports and overall delays in completing the repairs
Compensation should be paid directly to the resident and not offset against any potential rent arrears.
Within 4 weeks of this report, the landlord is ordered to contact the resident to progress its additional offer of compensation for her damaged personal items.
The landlord should provide evidence to the Ombudsman that it has complied with these orders.