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One Housing Group Limited (202322848)

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REPORT

COMPLAINT 202322848

One Housing Group Limited

22 April 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

  1. The complaint is about the landlord’s handling of:
    1. A roof leak and associated repairs.
    2. Reports of damp and mould.
    3. The resident’s complaint.

Background

  1. The resident has an assured tenancy agreement that began on 21 May 2021. The property is a 2-bed third floor flat. The landlord said it was made aware during the complaint process that the resident’s son had respiratory issues.
  2. The resident first reported a leak from the roof of the property in June 2021. The landlord carried out works to the roof, but the resident continued to report further instances of leaks in 2021, 2022 and 2023.
  3. The resident raised a stage 1 complaint on 28 July 2023 about the leaks she experienced over the previous 2 years. The resident said the landlord had not carried out a lasting repair and raised concerns about damp in the property, caused by the leaks.
  4. The landlord provided a stage 1 response on 10 August 2023 and upheld the complaint. The landlord summarised its responses to previous leak reports and apologised that the issues continued. It said it would carry out an inspection and full roof survey, and arrange for any recommended works.
  5. On 22 August 2023, the resident escalated her complaint to stage 2. She said that the landlord had not correctly captured her complaint and that it failed to respond to her concerns about damp and mould.
  6. The landlord provided its stage 2 response on 3 October 2023 and upheld the resident’s complaint. The landlord said that it had identified required works and these would start on 4 October 2023. It said it would carry out a post inspection and arrange any internal corrective works once it had repaired the roof. A compensation offer of £400 was made by the landlord for its communication failings, the lack of a definitive outcome and complaint handling.
  7. The resident brought the complaint to this Service in October 2023 as she said the leaks, damp and mould remained outstanding. The resident reported that these continued despite the landlord’s assurances that it had completed the required works. Landlord records show that it arranged a further survey of the roof in May 2024.

Assessment and findings

Scope of the investigation

  1. The Ombudsman acknowledges that the complaint process for this case began on 28 July 2023 and ended on 3 October 2023. We would usually only investigate matters that were brought to the attention of a landlord as a complaint within 12 months of those matters arising. However, it is our view that the landlord failed to address the resident’s September 2021 complaint in line with its complaints policy and the Housing Ombudsman Complaint Handling Code. In view of this failure, we consider it reasonable for our investigation to include matters that were referred to the landlord within the September 2021 complaint.

Roof leak and associated repairs

  1. When the resident reported leaks at the property in 2021, the landlord arranged for a roofing contractor to attend on each occasion. Given the potentially complex nature of identifying the exact source of a roof leak, it is understood by the Ombudsman that it can require multiple attempts to diagnose and resolve the problem. In view of this, it is considered reasonable for a landlord to provide adequate oversight of the process, ensuring regular communication with the resident, until the problem is resolved.
  2. The landlord did attempt to resolve the leaks at the resident’s property following her reports in 2021. The contractor completed the last of three repairs on 1 October 2021, when it sealed the flue pipe and reported back to the landlord that the roof was in good condition. However, despite these repairs, the contractor recommended that the landlord send a surveyor to carry out a more in-depth inspection of the roof.
  3. The landlord failed to carry out such an inspection until 17 March 2022, several months after being advised to carry out the survey. This is a service failing by the landlord as it did not action the recommendations of the contractor in a timely manner. During this period, the resident was left with concerns of experiencing further leaks into the property.
  4. Following the inspection in March 2022, the landlord completed further repairs to the roof on 3 May 2022. Despite these repairs, the resident experienced further leaks in August 2022. The landlord acknowledged that, following these reports, it should have arranged for the same contractor to return and carry out another assessment. However, it sent out the first contractor to carry out further repairs instead. This is another service failing by the landlord as it did not identify the ongoing nature of the leaks and instead treated this like a new report.
  5. When the resident raised a further leak report in July 2023, the landlord responded to the complaint and said that an inspection would be carried out. However, despite this assurance, a quote for additional works was not approved until 2 October 2023. This is another service failing on the part of the landlord. It demonstrated a lack of urgency in addressing the problem. This caused an additional and unnecessary delay which could only have added to the distress and inconvenience experienced by the resident.
  6. It is not disputed that the landlord failed to provide adequate oversight of the roofing repairs at the resident’s property. The landlord acknowledged within its complaint response that the resident “experienced a leak into your property for 2 years”. Within the stage 2 response, the landlord offered compensation of £350 for any failings and the impact on the resident.
  7. It is the view of the Ombudsman that the landlord’s compensation offer was not proportionate when taking into account the extent of the failings and the impact on the resident and her living conditions. In view of this, the Ombudsman will make an order for an increased payment for this element of the complaint.
  8. The landlord’s records show that it requested a further survey of the roof in May 2024. This suggests that previous works did not provide a lasting repair to the roof.
  9. Ultimately, the landlord failed to provide adequate oversight of the roofing works. It did not provide a lasting resolution to the frequent leaks experienced by the resident over a period of over 2 years. Having considered the failings identified in this report, the Ombudsman makes a finding of maladministration in the landlord’s handling of the roof leak and associated repairs.

Reports of damp and mould

  1. Within its complaint submission, the landlord said that the resident first reported damp and mould at the property in November 2023. This overlooks an initial report in 2021 and a further report of damp and mould in the resident’s stage 1 complaint in July 2023.
  2. The resident first raised concerns around damp and mould when raising an earlier complaint, which was not managed appropriately, on 23 September 2021. The landlord completed a complaint form which stated in bold “resident is getting damp”. Internal landlord emails show that it acknowledged the damp report and offered advice on which department should manage it. Despite acknowledging the report, the landlord took no action to inspect or treat the damp. This is a significant service failing on the part of the landlord. It did not act on the resident’s report, leaving her to manage the damp and mould issues herself.
  3. Following this initial report, the landlord was aware of continued leaks at the resident’s property. As it would be aware of the potential for these to cause damp and mould issues, it would have been reasonable for the landlord to have either inspected the property, or to have asked the resident whether there was evidence of either.
  4. The landlord then failed to act on the report of damp and mould highlighted in the complaint raised in July 2023. The landlord’s damp and mould policy says that it will “respond to all reports of damp” and complete any repair works in line with the repair policy. It is clear in this instance that it failed to respond to the report of damp and mould at the property. This is a further service failing on the part of the landlord. This could only have contributed to the distress and inconvenience caused to the resident, who had informed the landlord of her concerns around health implications.
  5. When the resident escalated her complaint to stage 2, she mentioned that the damp and mould issue had not been addressed. Despite this being highlighted as part of the reason for the escalation, the landlord failed to acknowledge it again and no action was taken. This is another failing on the part of the landlord as it continued to demonstrate a lack of urgency in taking action to address the damp and mould.
  6. The landlord did begin to take action to address the damp and mould in December 2023 when it raised an inspection request. However, this did not take place until April 2024. This continues to demonstrate a lack of urgency despite the resident’s concerns around her family’s health.
  7. In summary, the landlord failed to acknowledge the resident’s reports of damp and mould in the property during the complaint period. This meant that no risk assessments, inspections or treatments were carried out, leaving the resident to manage without any assistance from the landlord. Having considered these failings, the Ombudsman makes a finding of maladministration in the landlord’s handling of reports of damp and mould.

Complaint handling

  1. The landlord failed to appropriately manage the initial complaint raised by the resident on 23 September 2021. Landlord records show that this was captured and acknowledged as being a complaint but, despite being recorded, it was not progressed or managed as a complaint. This is a significant service failing on the part of the landlord which delayed the resident’s ability to bring her complaint to this Service for review.
  2. When the resident escalated her complaint to stage 2, the landlord’s complaint policy says that it should have provided a response within 20 working days. However, this took 31 working days and the landlord did not keep the resident informed of the delays. This is another service failing on the part of the landlord.
  3. Within its complaint submission, the landlord did not evidence that the post inspection, proposed in its stage 2 response, went ahead. As this was part of the proposed resolution, the landlord should have ensured that this was completed. This is another service failing on the part of the landlord.
  4. Although it was positive that the landlord included £50 compensation for complaint handling within its wider offer of redress, this was insufficient given the circumstances of the case. Given the complaint should have been progressed well over a year earlier than it was, an increased compensation award is warranted. 
  5. In summary, the landlord failed to adequately manage the resident’s complaints. It did not acknowledge complaints, did not respond to them in line with the timeframes set out in its policy and then failed to address or comment on significant concerns, even when this was highlighted by the resident. Its compensation award for complaint handling was not proportionate. Having considered these failings, the Ombudsman makes a finding of maladministration in the landlord’s handling of the resident’s complaints.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of a roof leak and associated repairs.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of reports of damp and mould.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s complaint. 

Orders

  1. Within 28 days of this report, the landlord is required to provide a written apology to the resident for the failings identified in this report.
  2. Within 28 days of this report, the landlord is ordered to make a compensation payment of £1,200 to the resident, made up of:
    1. £600 for the distress and inconvenience caused by its management of the roof leaks and associated repairs (inclusive of the £350 it awarded through the complaints process);
    2. £400 for the distress and inconvenience caused by its handling of the damp and mould reports;
    3. £200 for the time and trouble caused by its handling of the resident’s complaint (inclusive of the £50 it awarded through the complaints process).
  3. Within 28 days of the date of this report, the landlord should complete a damp and mould survey. This should include a risk assessment and lead to a full report detailing the landlord’s findings. This should ensure that all possible causes of damp and mould are now repaired and that all remedial works have been completed to a good standard.
  4. If any further works are required, the landlord should produce a schedule of works. The landlord should provide a copy of the report to the resident within 14 days of the inspection, along with timescales for any works that it finds to be outstanding.