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One Housing Group Limited (202347825)

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REPORT

COMPLAINT 202347825

One Housing Group Limited

15 August 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:
    1. Response to a request for additional refuse bins.
    2. Handling of guttering repairs and property humidity levels.
  2. We have also considered the landlord’s complaint handling.

Background

  1. The resident has an assured shorthold tenancy of a 1-bedroom flat which started in December 2022.
  2. The resident said she reported to the landlord a fault with her guttering and water running down an external wall and high humidity in the property between December 2022 and March 2023. She complained to the landlord on 10 January 2023 about this. The landlord provided its stage 1 response on 29 August 2023 and said:
    1. the resident contacted it about damp in her bathroom in February 2023 and water under her kitchen sink in August 2023, but it could not see it had raised any repairs for a guttering leak prior to the complaint.
    2. it inspected and confirmed a blockage of the resident’s guttering which led to wet exterior walls and a build-up of moss.
    3. it has asked its planned works team for a quote to clear the guttering.
    4. it was about to start a new contract for the maintenance of the guttering.
    5. it did not uphold her complaint as the resident only reported the problem with guttering for the first time.
  3. The resident expressed dissatisfaction with the time taken to deal with the guttering and humidity levels in her complaint escalation of 18 September 2023. The landlord provided its stage 2 response on 24 November 2023 and said:
    1. it delivered a dehumidifier on 6 November 2023 to mitigate against the humidity levels and estimated the resident would need this until 6 December 2023.
    2. it completed the work to repair the guttering and removed the scaffold on 17 November 2023.
    3. it agreed to send a plumber and carpenter to investigate if there was a sub floor leak and booked an appointment for 29 November 2023.
    4. it offered the resident £90 compensation, £3 per day for the use of a dehumidifier from 6 November 2023 to 6 December 2023.
  4. The resident told this Service that the landlord repaired the guttering in November 2023, and she no longer experiences mould. We also note that following complaint closure, the landlord completed a damp and mould survey which recommended additional work which it said it completed in February 2025. However, the resident has told us she still experiences high humidity in her property which makes her clothes and bedding damp and living environment uncomfortable.
  5. She also stated that she has high energy bills as she must leave windows open to manage the humidity levels. She would like the landlord to thoroughly investigate the cause of this and resolve it. The resident told us she has not accepted any compensation and still awaits the landlord to investigate under her flooring.

Assessment and findings

Jurisdiction

  1. What we can and cannot consider is called the Ombudsman’s jurisdiction. This is outlined in the Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated. Under paragraph 41.b. of the Scheme the Ombudsman cannot consider complaints that do not relate to the actions or omissions of a landlord.
  2. We acknowledge the resident requested additional refuse bins from the landlord and complained about a shortage of them on 10 January 2023. The resident’s tenancy agreement did not require the landlord to provide a certain number of refuse bins. It is also evident that it was not responsible for providing bins as the local council had this responsibility under its waste management functions.
  3. As the landlord did not have responsibility for providing additional bins or control over a decision to provide them, this issue did not amount to an act or omission of the landlord. Therefore, the resident’s complaint about the landlord’s response to her request for additional refuse bins is outside the Ombudsman’s jurisdiction under paragraph 41.b. of the Scheme. We have made a recommendation the landlord contact the council to ask for an update on the resident’s request for additional refuse bins.

The landlord’s handling of guttering repairs and humidity

  1. Under the resident’s tenancy agreement, the landlord was responsible for keeping in repair the guttering and any extractor fans. Its responsive repairs policy requires the landlord to complete an inspection within 7 calendar days when this is necessary. The landlord needed to complete emergency repairs relating to uncontainable leaks or blocked drains within 4 hours and make these safe within 12 hours. The landlord needed to complete urgent repairs within 5 calendar days and routine repairs within 28 calendar days.
  2. The resident reported high humidity readings to the landlord, and we note high humidity can lead to harmful mould growth. She specifically referred to an issue with a bathroom extractor fan in her complaint. High humidity can relate to inadequate ventilation and or excess moisture in the air from leaks. The landlord is under a duty to make sure the resident’s property is fit for human habitation. This is under the Decent Homes standard and Landlord and Tenant Act 1985, sections 9A and 10. This meant it had a duty to ensure it was free from hazards caused by damp and inadequate ventilation.
  3. We cannot determine when the resident first reported to the landlord a fault with the guttering on the available evidence. However, the landlord was aware of a report of water running down an external wall and damp on 5 January 2023. It was also aware of a report of a possible faulty bathroom extractor fan on 10 January 2023. It needed to inspect, if necessary, within 7 calendar days and complete any repairs to the guttering and the fan. Based on the available evidence we cannot be satisfied the landlord acted reasonably or in line with its responsive repairs policy because:
    1. it said it attended on 23 February 2023 (49 days after 5 January 2023), but the outcome of this visit is unclear.
    2. it said the resident reported a leak under the sink in August 2023, but it is unclear what it did or that it explored this as a potential cause of the humidity levels.
    3. while it said it assessed the guttering in its stage 1 response it is unclear when this happened, and it took it until 18 September 2023 (over 7 months from the January 2023 report) to produce an inspection report.
    4. it took the landlord 55 calendar days to replace the faulty bathroom extractor fan (10 January 2023 to 6 March 2023), against a target of 28 calendar days.
    5. it took 211 calendar days for the landlord to act to a further report of high humidity (9 April 2023 to 6 November 2023), when it delivered a de-humidifier.
    6. it took the landlord 20 months to complete a damp and mould survey on 19 September 2024 from its first note of damp (5 January 2023).
    7. it agreed on 24 November 2024 to investigate if there was a leak under the flooring contributing to excess water by sending a plumber and carpenter to cut into the floor. However, the landlord did not send a carpenter on the appointment it booked on 7 December 2023, and we have not seen evidence of any sub-floor investigations.
  4. The landlord stated it started work on the guttering on 12 October 2023 which it said it completed on 17 October 2023. However, it has not provided evidence of this work. It also noted a job to clear debris from the gutters on 25 October 2023 which it completed on 7 November 2023, and the resident accepted the landlord completed gutter repairs by November 2023.
  5. While the landlord completed work in October and November 2023 it failed to show it acted reasonably to inspect the guttering, recommend work and complete the repairs in line with its responsive repairs policy. This is because it took the landlord 10 months to repair the guttering (January 2023 to November 2023). It also failed to show that it took steps to assess the property was free from hazards caused by damp or poor ventilation in line with its legal obligations within a reasonable time.
  6. These failures amounted to maladministration. We acknowledge the resident’s account that her heating bills have been higher than they would have been because of the humidity. However, as she complained of humidity from the start of her tenancy it would be impossible to calculate any increase in heating costs. This is because it is not possible to contrast her heating costs with a period where the resident had a lower humidity range. Nevertheless, we acknowledge the resident was likely caused significant distress and inconvenience by her concerns about increased heating bills over a prolonged period. We also note the resident’s living environment caused her concern. She reports having to wear damp clothes and sleeping in damp bedding. Therefore, the landlord’s failures likely caused her distress and inconvenience, and the effects of the high humidity are ongoing.
  7. When there are failings by a landlord, as is the case here, the Ombudsman will consider whether the redress offered by the landlord puts things right and resolved the residents’ complaint satisfactorily in the circumstances. When considering this the Ombudsman must have regard to whether the landlord’s offer of redress was in line with our dispute resolution principles: be fair, put things right and learn from outcomes.
  8. We note the landlord offered the resident compensation of £90 to reimburse her for the use of a dehumidifier. It also agreed to send a plumber and carpenter to investigate a leak. While it was positive the landlord sought to offer some compensation and take action to put things right by offering a further investigation there is no evidence it completed this. The compensation also did not address the distress and inconvenience the resident experienced and was not proportionate to the level of failings found in this investigation.
  9. We have therefore ordered the landlord to pay the resident additional compensation of £450 which is in line with our remedies guidance. This guidance allows for awards of this amount where we have found the landlord’s failures adversely affected the resident. We have also made an order for the landlord to inspect the property again and re-offer reimbursement for the dehumidifier. This is because the resident said she still experiences high humidity and did not receive this reimbursement, and we note the landlord has not shown it investigated under her floor as it promised. We also note that its damp and mould report recommended further investigations and so our order is in keeping with this.

The landlord’s complaint handling

  1. The landlord’s complaint policy required it to respond to complaints at stage 1 within 10 working days. This policy also required it to respond to complaints at stage 2 within 20 working days. We have found maladministration in the landlord’s complaint handling. This is because:
    1. it took the landlord 159 working days to provide a stage 1 response (29 August 2023) from when the resident complained (10 January 2023), against a target of 10 working days.
    2. it took the landlord 49 working days to provide a stage 2 response (24 November 2023) from when the resident escalated the complaint (18 September 2023), against a target of 20 working days.
  2. These delays were significant and likely caused the resident distress and inconvenience and time and trouble in pursuing the complaint. This is because the delay in complaint handling delayed a resolution, meant she had to repeatedly complain and delayed the resident’s ability to refer the complaint to us. Therefore, we have ordered the landlord to pay the resident £100 for this in line with our remedies guidance. This guidance allows for awards of this amount where a landlord’s failure had an adverse effect on a resident without it being permanent.

Determination

  1. In accordance with paragraph 41.b. of the Scheme, the resident’s complaint about the landlord’s response to a request for additional refuse bins is outside jurisdiction.
  2. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s handling of guttering repairs and property humidity levels.
  3. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders

  1. Within 4 weeks of the date of this determination the landlord must:
    1. write to the resident with an apology for the failures identified in line with our guidance on these.
    2. contact the resident to arrange an appointment to complete an intrusive plumbing and moisture survey to include sub floor areas and sinks to identify the source of any moisture and humidity. It must provide the resident with a copy of this, and a schedule of any repair work it identifies as necessary within 2 weeks of the inspection along with an estimate of any start and finish dates.
    3. re-offer the resident the £90 reimbursement for dehumidifier costs (unless it has already paid this).
    4. pay the resident directly (without deductions) £550 in compensation made up of:
      1. £450 for the distress and inconvenience likely caused by its handling of the guttering repairs and property humidity levels.
      2. £100 for the distress and inconvenience, time, and trouble likely caused by the landlord’s handling of the resident’s complaint.
  2. The landlord must provide this Service with evidence of compliance with the above orders within 4 weeks of the date of this determination.

Recommendation

  1. We recommend the landlord contact the council to ask it for an update on the resident’s request for additional refuse bins.