Newark and Sherwood District Council (202404742)

REPORT

COMPLAINT 202404742

Newark and Sherwood District Council

28 January 2025

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 and response to the resident’s reports of damp and mould.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident has a secure tenancy and has lived in the 2-bed flat since 2015. The landlord has confirmed that the resident has mental health concerns and a hearing impairment. The resident also made the landlord aware of respiratory problems experienced by her young children.
The resident reported a blocked drain in April 2023. The landlord attended in April and again in August 2023. She reported a problem with the rear door in July 2023 and repairs were completed the same month. In September 2023 the resident reported broken guttering at the front and side of the property which leaked onto the roof.
The resident raised a complaint on 28 October 2023. She was unhappy with:
1. flooding in the garden from blocked drains which leaked under the rear door
2. the repairs to the rear door
3. broken guttering along the side of the property which left “water pouring down the walls”
4. mould throughout the property
5. the impact the issues had on the health of her 2 children
The resident did not receive any response in relation to her complaint, or the issues raised.
The resident raised a further complaint on 8 November 2023. She provided the initial complaint details and said:
1. water was still coming through the rear door which was causing damp
2. her baby had been “blue lighted” to hospital due to respiratory distress caused by the mould
The landlord responded to the complaint at stage 1 of its complaint process on 17 November 2023 and:
1. acknowledged the guttering and drainage issues were still outstanding
2. said it would complete a property inspection to assess all issues highlighted
3. advised it would complete the damp and mould preventative work as a matter of urgency
4. confirmed the rear door may need replacing but could take 10 weeks
5. confirmed the inspections and work would be managed by a supervisor who would keep the resident updated
6. upheld the complaint and said it would visit the resident on completion of the work to discuss compensation
The resident escalated her complaint on 20 February 2024. She remained dissatisfied with:
1. the lack of action since the stage 1 complaint response
2. the impact the situation was having on the health of her baby
The landlord provided its final complaint response on 5 March 2024. It confirmed:
1. the work agreed in the stage 1 response had not been completed
2. an inspection had been completed on 28 February 2024
3. the roof repairs and leaking guttering would be repaired on 13 March 2024
4. the door had been ordered and would be installed on 26 March 2024
5. it upheld the complaint and offered £80 for the inconvenience caused because of the delay
The resident referred her complaint to us in June 2024. She said:
1. the mould continued to grow in the property
2. the rear door had been installed and the drains replaced
3. some work was completed after the final complaint response but the work to the roof that was affecting the bathroom was not completed
4. no one had been out to treat the mould and household cleaners were not working
5. she wanted the mould professionally treated and the leaking roof fixed
In December 2024 the resident informed this Service that:
1. the guttering had been repaired to the front of the property, but the area that leaked had not been fixed
2. the roof was still leaking, and no action had been taken
3. the damp and mould was ongoing and no treatment had been applied to the bathroom
4. as a resolution she asked for all the repair issues to be investigated, the mould to be professionally treated and for roof leak to be fixed

Assessment and findings

Scope of investigation

The resident has referred to the impact the situation has had on the health of her and her family. Although we can consider the impact the situation has had on the resident and whether the landlord acted reasonably, we cannot determine liability for damage to health. These are matters better suited to an insurance claim or court. Any compensation offer will be assessed in line with our remedies guidance. Should the resident wish to pursue these matters further, she should seek legal advice.
The resident has stated the damp and mould has been ongoing for 4 years. Based on the evidence seen by this Service, and when the resident complained in October 2023, this assessment will focus on events linked to the complaint, between April 2023 and 5 March 2024.

Damp and mould

The landlord’s repair policy confirms it is responsible for roofs, outside walls, external doors, drains and gutters. The landlord will attend emergency repairs within 2 hours to make safe, with additional works completed within 24 hours. Routine or normal priority repairs will be completed within 6 weeks.
The landlord’s damp and mould policy states it will aim to respond swiftly and effectively to incidents of damp and mould to safeguard the health and wellbeing of residents and their families. It will inspect a property within 15 working days of receipt of a report and earlier for more serious cases.
The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. A landlord is obliged, in accordance with the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, to ensure that a property is fit for human habitation and free from category 1 hazards.
Where damp and mould is reported, the landlord must conduct an inspection to explore any underlying causes and take appropriate steps to avoid or minimise damp and mould which are potential health hazards in line with the HHSRS. Landlords should be aware of their obligations and are expected to carry out additional monitoring of a property where potential hazards are identified.
For clarity, the report will address each repair linked to the damp and mould in turn below.

Blocked drains and replacement of rear door

On 11 April 2023 the resident reported the blocked drain and flooding in the back garden. The landlord attended on 14 April and 17 April 2023 which was within policy timescale.
The resident reported water coming under the rear door on 10 July 2023. The landlord’s repair records note the repair was ‘completed’ on 20 July 2023. This was reasonable and in line with the policy.
While there is no evidence of a further report from the resident about the drains, on 22 August 2023 a contractor installed a new soakaway.
On 28 October 2023 the resident expressed concerns about the drains and the door in a complaint. She said the water in the garden rises enough to leak through the door, and while she acknowledged the previous repairs completed to the door, she confirmed water was still getting in and causing damp and mould.
There is no evidence the landlord responded to the complaint received, and on 8 November 2023 the resident had to invest more time and effort raising her complaint again. The lack of response was a failure by the landlord to provide a quick resolution to a report of damp which was impacting the property, the resident’s belongings, and her children.
On 17 November 2023 the landlord advised the door may need replacing but could take 10 weeks. This was an appropriate suggestion of the landlord in a bid to provide a long-term solution. It was reasonable of the landlord to advise the resident of this timescale due to the manufacturing of the door.
On 12 December 2023 the landlord asked a contractor to measure and order the door. While it asked for it to be fitted as soon as possible, there is no evidence to explain why it took 3 weeks to make the request or if this delay was avoidable. Further, there is no evidence of any interim repairs or assessment of the damp and mould whilst waiting for the door. This was a failure by the landlord, considering its repair, damp and mould policy which states it would inspect a property within 15 working days of receiving a report.
Two months later the resident escalated the matter and on 28 February 2024 the landlord inspected the door again. There is no evidence the landlord contacted the contractor to establish an update or to confirm the delay. Further, there is no evidence it communicated the reasons for the delay to the resident. This was unreasonable and is likely to have added to the resident’s frustration.
The landlord told the resident the new door would be fitted on 26 March 2024. It was installed on 28 March 2024, 4 months after the landlord recommended a replacement. Despite the resident advising the landlord the water was continuing to enter the property throughout this period; the landlord has not evidenced any attempts to mitigate the internal damage caused by the damp. This was unreasonable as it did not demonstrate a true understanding of the impact the issue was having on the resident.

Repairs to guttering and leaking roof

On 26 September 2023 the resident reported the leaking guttering at the front and side of the property which she said was leaking on to the roof. There is no evidence the landlord responded to this report. The lack of response or action from the landlord was not appropriate and a failure of the landlord to act on its repair obligations.
The resident raised the issue again in a complaint dated 28 October 2023 when she told the landlord “water was pouring down the walls” and was causing damp. There is no evidence the landlord responded to either the leaking guttering or the report of damp. This was unreasonable. It meant the landlord could not evaluate the extent of the problem, the impact on the property or the impact on the resident. The landlord failed to respond appropriately in line with its repair and damp and mould policy.
The resident raised the leaking guttering when in her complaint on 8 November 2023. In its stage 1 complaint response on 11 November 2023 the landlord acknowledged the guttering repair was still outstanding, but did not provide an explanation as to why it had not been completed. This was unreasonable as it meant the landlord did not identify any learning from the complaint.
The landlord said it would arrange a full inspection of the property to address all the issues highlighted and ensure all preventative work linked to damp and mould would be completed urgently. This was appropriate however the inspection was not completed until 28 February 2024, 3 months after the landlord’s commitment. This was not appropriate. The delay meant the root cause of the problem could not be diagnosed, and it prolonged the completion of any repairs. Further, the lack of progress resulted in the escalation of the complaint in which the resident confirmed the impact of the damp on her children.
As the landlord had been on notice of the damp and mould in October 2023, it ought to have completed an inspection soon after it was first reported. The landlord’s actions were not consistent with the damp and mould policy, and did not support a customer focussed resolution.
The landlord has not provided this Service with the inspection report, however in the final complaint response, it confirmed the roof and leaking guttering were the main cause of the damp and repairs would be completed on 13 March 2024.
While the landlord has evidenced the completion of the repairs, in December 2024 the resident told this Service no repairs had been completed to the roof. The resident said because of this, the bathroom still had damp and mould, and no treatment had been applied by the landlord. She said the guttering had been repaired to the front of the property, but the side guttering that leaked had not been repaired and she had made the landlord aware.
The landlord confirmed it had not received any further reports following the completion of the repairs. The Ombudsman has not seen any evidence that the landlord was made aware of the ongoing issue. As such an order has been made for the landlord to revisit the issues the resident claims are still outstanding. Due to the differing accounts, the Ombudsman cannot assess whether the issues raised by the resident have been fully resolved by the repairs completed by the landlord.

Relocation of radiator in bedroom

During the initial complaint investigation in November 2023, the resident told the landlord there was mould in one of the bedrooms. She asked if it would move the radiator to under the window, but the landlord failed to communicate its decision to the resident. This was unreasonable.
On 21 February 2024, the landlord acknowledged the lack of clarity and agreed to the work as a gesture of goodwill. This was appropriate.
The landlord assessed the property on 28 February 2024 for materials and the resident was told the radiator would be moved on 12 April 2024. The repair records however suggest this was not completed until 22 May 2024. There is no evidence to explain why the date was changed and if this was explained to the resident, which was a communication failure by the landlord.
While it is acknowledged the landlord moved the radiator as a gesture of goodwill, it was moved to help with the mould in the bedroom. The time taken was therefore excessive in relation to the timescales within the repair policy.
In summary and considering all the circumstances above, the Ombudsman finds maladministration in relation to the landlord’s response to damp and mould. This is because:
1. it failed to raise the work required after the initial complaint response
2. the rear door replacement took too long and contributed to the damp and mould. The landlord did not complete any interim repairs or treatment in attempt to mitigate the damage caused
3. it did not consider the impact of the damp and mould on the resident and her family or urge the completion of the repairs as it promised
4. it took too long to conduct a damp and mould inspection in the property
5. it took too long to complete the repairs associated with the damp and mould which is likely to have exasperated the impact on the internal property
6. there is no evidence it monitored the success of the repairs completed
7. it has not applied any mould treatment to the affected areas
8. it failed to identify any learning to prevent a recurrence of such a case
9. it did not offer appropriate redress for the failures highlighted

Complaint handling

The resident raised a complaint on 28 October 2023 however this was not logged by the landlord. This was not appropriate and was a missed opportunity for the landlord to respond to the complaint earlier than it did.
The resident raised her complaint again on 8 November 2023 and this was recognised by the landlord. It acknowledged the complaint on 9 November 2023 when it confirmed the reference number and a response time of 10 working days. This was appropriate and reflected the policy.
The landlord responded to the stage 1 complaint on 17 November 2023, 7 working days after it was received. This was appropriate and was in line with the landlord’s policy.
The resident escalated her complaint on 20 February 2024, and it was acknowledged the same day. The landlord confirmed it would respond within 15 working days. This was appropriate and was consistent with the policy.
The final complaint response was provided on 5 March 2024, 10 working days after it was received. This was appropriate as it was consistent with its policy.
In its complaint responses, the landlord did not acknowledge its failure to recognise the resident’s initial complaint or how it would prevent a recurrence. It therefore offered no remedy for these failures.
As such and taking all the circumstances into consideration, the Ombudsman finds service failure with the landlord’s complaint handling.

Determination

In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in relation to the landlord’s handling and response to reports of damp and mould.
In accordance with paragraph 52 of the Scheme, the Ombudsman finds service failure in relation to the landlord’s complaint handling.

Orders

Within 4 weeks of the date of this report, the landlord must:
1. write a letter of apology to the resident. This should refer to the failures highlighted in the report and should identify any learning to prevent recurrence
2. pay the resident £600 compensation. This is made up of the following:
  1. £500 for the failure to address the ongoing damp and mould, the associated repairs, and the impact on the resident
  2. £100 for the complaint handling and the inconvenience to the resident
  3. This is inclusive of the compensation previously offered by the landlord. Therefore, the landlord may deduct from this total any compensation it may already have paid in relation to this complaint
  4. The payment should be made directly to the resident and not offset against any debt that may be owed. The landlord must provide this Service with confirmation of the payments
3. arrange an inspection of the roof, the guttering and the bathroom and provide a copy of the inspection report to the resident and this Service
4. provide the resident and this Service with a schedule of work which should be completed within a reasonable timeframe. This should include any necessary mould treatment to the bathroom
5. confirm its approach to post inspecting the work completed, and in agreement with the resident, it should monitor the property to ensure the repairs have resolved the damp and mould