Optivo (now Southern Housing) (202218356)

REPORT

COMPLAINT 202218356

Optivo (now Southern Housing)

28 September 2023

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 damp and mould.

Background and summary of events

The resident is an assured tenant of the landlord, a housing association. The tenancy commenced on 27 February 2015 and the property is a one bedroom lower ground floor flat. The resident lives here with her partner and two children.
On 25 October 2018, the resident had reported damp in the flat. An inspection was arranged for 1 November 2018, however due to the landlord not being able to gain access it was unable to undertake the inspection.
During 2019, a mould wash, stain block and renewal of fans were arranged. It was noted a leak from the flat above had caused damage. Further inspections were arranged with regard to mould within the property, however these did not happen due to there being no access provided and the resident cancelling. The landlord had also arranged for full redecoration to be carried out to the main bedroom and to apply treatment for the plaster weevils, however this was refused by the resident until a further opinion was sought on the cause of damp.
During 2020, the landlord raised works to have a mould wash completed, however this was cancelled. It also arranged for a positive input ventilation unit to be installed and a domestic dehumidifier was provided for a period of two weeks.
During 2021, a further inspection of the damp was arranged, however this was cancelled due to not being able to gain access to the flat. Further appointments were also raised to service and replace the bathroom and kitchen fans within the property. A request for amanagement move andto increase the resident’s banding for rehousing from C to B due to her needing a 2 bedroom property was made by the resident. This included supporting documents from occupational health and her general practitioner.
An inspection was arranged for December 2021, however this was cancelled due to not being able to access the property.
On 28 January 2022, the landlord acknowledged the resident’s complaint about damp and mould within the property and her need to move due to overcrowding. It informed her she should receive a response by 18 February 2022.
On 18 February 2022 a full damp survey was arranged to be completed during March 2022. Subsequently on 21 February 2022, the landlord arranged to provide and install a dehumidifier for the resident.
On 4 March 2022, the landlord issued a stage one complaint response. It understood the complaint to be about damp and mould within the resident’s property. It acknowledged the resident was seeking for the damp issues to be resolved and to be moved as she did not feel the property was fit for purpose.
The landlord acknowledged several repairs and inspections had been completed in regard to the damp and mould since 2018. It apologised that the issues remained and requested a further damp survey to be competed on 10 March 22. It also agreed to supply a dehumidifier.
With regard to the resident’s request to move, the landlord apologised that she had been struggling to be recognised for a priority move. It was aware of the difficulties she had been experiencing with applications and delays in having her banding changed by the local authority. It confirmed all documents she provided had been received however it did not have permission to offer an internal transfer as requests to move were managed by the local authority.
On 7 March 2022 the resident informed the landlord of her intention to appeal the stage one complaint response and explained she would provide further information with regards to this. She also requested that the inspection booked for 10 March 2022 be postponed until after 21 March 2022 as she was going to be away. The following day the landlord confirmed the inspection was rearranged for 21 March 2022. It also explained it would be willing to cover the cost of the use of the dehumidifier.
During April 2022 the resident made a claim for the usage of the dehumidifier and the landlord put the request through to be accepted.
An inspection was completed during April 2022, which found damp issues to the bedroom. The surveyor explained that the inspection was restricted due to floor coverings and furniture, however noted a presence of black mould growth on the walls. The inspection recognised the landlord had been dealing with the ventilation problems but explained at the time of the inspection the fans were switched off at the isolators. The surveyor also suspected the fans were not being run at their best performance. The resident had also advised the fan is only switched on when needed rather than continually to deal with the moisture within the property. The specialist stated that, as this was an older property, rising damp could not be ruled out, however explained black mould is not usually associated with rising damp, which indicated that the overall problem was humidity levels.
On 10 May 2022, an internal meeting was held to discuss the resident’s complaint and the steps the landlord would take to resolve the complaint, which were later set out in its stage two complaint response.
On 18 May 2022, contractors attended to make sure the fan was operating correctly in the bathroom.
The landlord issued its stage two response on 27 May 2022, explaining that it did not uphold the resident’s complaint. It understood the complaint to be about damp within the resident’s home and that the flat was not fit for purpose.
With regards to the damp, the landlord discussed the outcome of the recent damp survey. Following on from the visit it had agreed to:
1. Attend to properly commission the fan in the kitchen. Previously contractors were able to commission the kitchen fan, but work was being done in the bathroom which restricted access to the bathroom fan. However they would be in touch about this.
2. Collect dehumidifier as it was no longer required.
3. After three months of the fans working properly, it would review whether this had resolved the issues.
4. It would contact the resident by the end of June to follow up on how things were going and monitor matters in the meantime. (This was done and the dehumidifiers were collected).
It noted that the resident was seeking a new home from this review, however it explained it was unable to rehouse her but set out her options with seeking alternative accommodation with the local authority.
The landlord agreed to offer compensation for the use of the dehumidifier, which totalled £92.
The resident logged a further complaint on 7 November 2022 about the condition of the property.
During November 2022, the landlord spoke to the resident and was made aware that the local authority had since moved her to Band A for rehousing. It offered a further mould wash, however this was declined by the resident. It agreed with her that the property was over-occupied and that she did need to move, but explained it was unable to influence the local authority.
During November 2022, an inspection was arranged. This was in regard to the resident’s concerns of bugs and damp within the property. It was confirmed by the landlord these were plaster weevils, which are very common and not dangerous to her health. The surveyor acknowledged these weevils feed on damp and mould. An appointment was made in December 2022 to inspect this, along with the damp and mould.
On 28 November 2022, the landlord provided an update to the resident on the recent inspection. This involved other issues relating to pests, however with regards to the damp and mould, it concluded the following:
1. Repairs: There were repairs externally and internally that needed to be attended to and it provided the resident with a schedule of works.
2. Mould: No significant mould was noted on the structure of the building inside the flat. The damp recorded to the bedroom floor did need further investigation so better damp readings could be recorded. The carpet needed to be lifted and the floor exposed.
3. Drylining: All walls were drylined and this may be a membrane-based damp proofing system which appeared to be effective.
4. Porch: The communal front porch area which houses the meters needed damp plaster removed and mould in the area treated, as a semi-enclosed thoroughfare to the flat front door.
5. Rainwater goods: it was noted that the landlord should re-route the rainwater down pipe from the shed roof into gully at rear as this could make the area damp.
6. Drains: A full drainage survey and CCTV inspection was needed to ascertain where they run and their condition.
7. Expose wall: it needed to expose a small area of drylining in the bedroom to see how it was constructed and sealed. The area behind could be the source of the insects.
A works order was raised to further inspect, repair and redecorate the property. Between 24 November 2022 and 7 February 2023 contractors and surveyors visited the resident’s property to attend to the recommendations.
On 22 February 2023 a damp specialist report was conducted, which inspected the damp to the wall and floors as reported by the resident. The specialist explained that, following on from its previous inspection in April 2022, the presence of black mould growth indicated humidity still exceeded 70%. In order to prevent condensation, it needed to maintain a humidity level between 40 and 70%. It noted that both fans in the home were not turned on.
The following works were recommended:
1. Technicians to carry out dry fogging mould neutralisation and mould wash accessible wall and ceiling areas to bedroom.
2. Lay protective floor protection.
3. Remove skirtings and loose lay suitable damp proof membrane material across perimeter gap.
4. Apply waterproof flexible adhesive via notched trowel.
5. Install Thermo-dry roll insulation to wall as indicated on sketch plan.
6. Apply two coats of gypsum skim plaster to a smooth trowel finish.
7. Replace skirting boards.
An appointment was booked for works to be carried out during May 2023.
On 18 May 2023 the landlord wrote to the resident to explain it agreed that her circumstances of overcrowding and this causing mould within the property met the criteria for a move. It stated it would make one offer to move the resident from her current address.

Assessment and findings

The investigation has taken into consideration the Housing Ombudsman’s recent spotlight investigation on damp and mould cases. In addition, we have considered whether the actions of the landlord were proportionate and in line with its guidelines.
It is clear there has been an ongoing issue concerning damp and mould within the property for a number of years. The scope of this report considers the events which occurred around the time of this complaint. However, we have reviewed the history of reports of damp and mould in the property in order to understand the context and frequency of the issues being experienced by the resident’s household.
The landlord’s responsive repairs policy categorises its repairs as “Emergency” (respond within 24 hours) and “Routine” (respond as quickly as possible, at an appointment time agreed with the tenant). Repairs are treated as an emergency by the landlord when there is “immediate risk to safety, security or health.” Examples given of emergency repairs include “burst pipes or other major plumbing repairs”. With regards to damp and mould reports, these would generally be considered to be a routine repair.
In certain circumstances we understand it can be difficult to diagnose the cause of damp and mould within a property and this may require several inspections, assessment of different possible causes and remedial actions. In such cases we expect a landlord to be taking all the necessary steps to resolve the issues.
This service has not seen the landlord’s policy or procedures in place for damp and mould at the time these reports were made. However we acknowledge it has since put a procedure in place, following the guidance issued by the Housing Ombudsman Service, on how to deal with damp and mould to achieve a zero-tolerance approach.
We understand the issues the resident has experienced have impacted her and caused frustration. When damp and mould is reported, it is expected that landlords carry out an inspection to determine the cause. The repairs history shows that, throughout the years, several inspections were raised, however not completed due to no access or cancellation. We have seen several of these were at the request of the resident. Rebooking’s were made and subsequent inspections and work orders have been raised.
In regard to the resident’s report, the landlord attempted to inspect the property in December 2021, however this was cancelled due to no access. There were several instances where the landlord has had to reschedule visits which caused a delay to the inspection, however we have not seen evidence to suggest this was caused by the landlord or a service failure on its part.
Following the inspection, the specialist concluded the damp and mould to be due to condensation caused by the overcrowding of the property. It was reasonable for the landlord to rely on the independent professionals’ opinion and in such cases we would expect it to take all necessary steps to help alleviate the damp and mould in the property. The evidence shows the survey recommended the landlord have fans set up to deal with the humidity levels of the property. In this instance we can see the landlord appropriately raised work orders in line with the recommendations from the survey report. This work was completed in May 2021.
During 2021 and 2022 the landlord arranged for the resident to have dehumidifiers within the property to help with the condensation levels. In the Ombudsman’s view, as several damp surveys had stated the cause of damp was attributed to overcrowding causing condensation within the property, it was proactive for the landlord to take this approach to assist in managing the condensation at the property.
The landlord appropriately offered the resident reimbursement for the running of the dehumidifiers, which was in line with the £2 per-day-per-humidifier compensation amount highlighted in its compensation policy.
We understand the landlord did not have the ability to offer the resident another property and explained she would need to register and appeal to the local authority as it was their home move panel which could change her banding. Following the resident’s appeal, the landlord’s urgent moves panel reviewed the case and agreed the resident met the criteria to be moved under the circumstances. Given the longstanding issues caused by overcrowding, and the repeat attempts to rectify the matter, we find this approach was proactive.
When the resident further complained in November 2022 about the damp and mould the landlord offered another mould wash. We understand at this time it was declined by the resident. It also arranged further inspection and following the report conducted repairs to the property.
We can see that two days after the recommendations, contractors attended to carry out the full drainage survey. With regard to the other work orders, an appointment was booked for 1 December 2022 which the resident was happy about. This was then followed up during 3 January 2023 along with a surveyor appointment and further works were completed on 7 February 2023.
We understand that, following the works, a further damp specialist report was conducted on 22 February 2023 and additional works were recommended. These were then completed in May 2023.
We can understand how the experience and time taken to resolve the matter would have been frustrating and an inconvenience to the resident. However we also recognise that resolving issues concerning damp and mould can be challenging for landlords and it may take several surveys and work orders to fully resolve the matter. We have seen the landlord took appropriate steps in an effort to rectify the issue. It is clear from the evidence that, throughout the period, the landlord was in communication with the resident and contractors after it completed its internal complaints procedure to ensure the recommended works were arranged, Therefore, and taken altogether, its actions were reasonable and proportionate.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of works in response to the resident’s reports of damp and mould in the property.

Reasons

The landlord appropriatelyattended to the issues of damp and mould by conducting several inspections. In doing so it demonstrated a proactive approach to identify and address the problem.Following this, itappropriately arranged for works to be completed as recommended by the surveyor. Overall it acted in accordance with its guidelines and its actions were proportionate to the issues being raised. It also acted appropriately by agreeing to offer the resident an alternative property.

Orders and recommendations

Recommendations.

If the resident has not already moved, the landlord is to update the resident on its current position regarding a move.