Orbit Housing Association Limited (202103417)

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REPORT

COMPLAINT 202103417

Orbit Housing Association Limited

16 May 2022


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 response to:

a. The resident’s reports of damp and mould in the property.

b. The associated complaint.

Background

  1. The resident is an assured tenant of the landlord.
  2. The landlord’s repair records show that the resident made several reports of damp and mould in the property in 2017 and 2018. The resident then requested an urgent damp inspection on 17 August 2020 as the storage heater the landlord had previously installed had not improved the situation. The landlord said it would arrange an external surveying company to attend and would arrange a mould wash and paint the affected area.
  3. The resident raised a complaint to the landlord on 14 December 2020, as he had travelled to the property to give access for a surveyor’s appointment, which was then not attended without notice that it had been cancelled. On 12 May 2021, the resident emailed the landlord and advised he was dissatisfied with the level of service received from it and its poor communication regarding the issue. He also said he had been living in his car, due to the level of damp in the property. In the landlord’s stage one complaint response on 1 July 2021, it offered £820 compensation, comprised of £400 for upset and inconvenience and £420 for complaint handling failings. It said the surveyor’s visit was completed on 4 May 2021, and it would complete the follow on works by 13 August 2021; the delay in the survey was due to lockdown restrictions. It advised the resident to claim for damage to his belongings through his home contents insurance.
  4. The resident escalated his complaint on 15 July 2021, as he was dissatisfied that the damp issue was ongoing, with the level of compensation and that the landlord had not moved him while the issue was ongoing as he was unable to stay at the property. The landlord issued its stage two complaint response on 24 August 2021. It outlined the outstanding works and said a contractor had attended on 4 August 2021, but was unable to gain access, so it advised him to contact it to reschedule the appointment. It offered him an additional £170 for failing to complete the outstanding works and £100 for failing to adhere to its complaint response timeframes.
  5. Following completion of the landlord’s internal complaints procedure, another damp inspection was carried out on 3 February 2022 and further works were identified, which the landlord raised with its contractor. The landlord also offered the resident a further £200 in compensation.
  6. In the resident’s complaint to this Service, he said that he remained dissatisfied that the damp and mould issues were still outstanding. He also said that he had higher energy bills due to an extra heater he had installed, he wanted additional compensation for distress and inconvenience, and consideration of a rent refund.

Assessment and findings

Scope of investigation

  1. Under Paragraph 39(e) of the Housing Ombudsman Scheme, we will not consider complaints that were not brought to the attention of the landlord as a formal complaint within a reasonable period, which would normally be within six months of the matters arising. Given that the landlord had included some the previous events in its complaint response for context, elements have been included in this report where relevant, however, the Ombudsman’s assessment is focused on the landlord’s actions in responding to the more recent events and, specifically, to the formal complaint made on 14 December 2020. As a result, this report will focus on events following the resident’s request for an urgent damp inspection on 17 August 2020. In view of the time periods involved in this case, taking into account the availability and reliability of evidence, this assessment does not consider any specific events prior to this.
  2. The resident has also referenced how the landlord’s failure to remedy the damp has impacted his health. It is outside the role of the Ombudsman to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This would be more appropriately dealt with as a personal injury claim through the courts or insurance. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident. This is an accordance with paragraph 39(i) of the Housing Ombudsman Scheme which states the Ombudsman will not investigate complaints which concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.

The resident’s reports of damp and mould in the property.

  1. The resident requested an urgent damp survey on 17 August 2020, as he had reported that there was excessive damp and mould in the property. The landlord was obliged to assess the damp and mould in the property and identify any required works, as in line with its repairs policy it is “responsible for repairing and maintaining buildings and any fixtures and fittings originally provided”. The landlord responded to the resident’s concerns on 10 September 2020 and advised it did not have any structural concerns regarding the property (presumably due to the outcome of previous damp reports) but it would arrange an external surveying company to attend and it would complete a mould wash and paint the areas affected.
  2. An appointment for a damp inspection was arranged for 14 December 2020, however, it was not attended, and the landlord did not act in accordance with its policy that states if the contractor is unable to attend an appointment, it will contact the resident at least two hours in advance to let them know Despite the resident sending several further requests for an appointment, a damp survey did not take place until May 2021. Although the landlord has since advised in its stage one complaint response that the delay was caused by lockdown restrictions, and the contractors being on furlough, there is no evidence that the resident was advised of this at the time. As a result, this led to additional time and effort for the resident in chasing the inspection. While waiting for the damp inspection to be arranged, it was appropriate for the landlord to assess whether interim solutions could limit the impact of the damp and mould. According to the landlord’s repair records, painting was completed by 27 November 2020 and a mould wash was completed on 14 April 2021.
  3. Following the damp inspection, the surveyor suggested to “install cavity wall insulation to external walls”. It was appropriate that the landlord provided a timeframe for when the work would be completed, particularly as the resident had already experienced significant delays. The contractor had attended on 4 August 2021, but had not been able to gain access; in its complaint response, the landlord said it had been unable to contact the resident to rearrange the appointment. The landlord has since completed a further damp inspection on 3 February 2022, and identified multiple further works, which it said it had raised with its contractor. It is unclear from the landlord’s repair records whether the works identified from either of the damp inspections has been completed; the landlord should ensure that it completes the work in line with its repair timeframes, and consider awarding further compensation if the timeframes are exceeded.
  4. There is no evidence to suggest that any of the contractors had concluded that the property was uninhabitable, and as such, the landlord would not have been expected to rehouse the resident. There is no indication that the resident had informed the landlord that he would be moving out prior to doing so, or requested any support with this. However, the resident had raised the issue several times including on 25 November 2020 when he said he had moved to a hotel due to the condition of the property and later on 12 May 2021 he advised he was living in his car. The landlord would be expected to address the issue, however there is no evidence that it acknowledged the issue within its complaint responses. However, it did award compensation for overall inconvenience which was appropriate taking into account the resident’s living situation.
  5. The resident has also raised the issue of increased energy bills to this Service, however there is no evidence to suggest this has been raised to the landlord as part of his formal complaint. The Ombudsman can only investigate matters which the landlord has had the opportunity to consider through its internal complaints process and therefore we cannot investigate the energy bills issue until the landlord has responded to this point. It is therefore recommended that the landlord contacts the resident regarding the issue, and raises a new complaint through its internal process, if appropriate.
  6. The resident had made several reports of his belongings being damaged by the damp and mould. It was appropriate that the landlord acknowledged this and signposted the resident to his home contents insurance. The advice provided was in line with the tenancy agreement which states the resident is responsible for insuring their “contents, personal belongings and effects”. The resident has advised this Service that the insurance company had found that the landlord was not liable for the damage. The Ombudsman is unable to comment on the outcome of the insurance claim as this Service can only consider the actions of the landlord, and the Ombudsman has no jurisdiction over insurance companies.

The landlord’s response to the associated complaint.

  1. In accordance with the landlord’s complaint policy, the landlord should issue complaint responses within ten working days of receiving a complaint. The resident raised a complaint on 14 December 2020, and the landlord did not issue its response until 1 July 2021, which was clearly an excessive delay. There is no evidence that the landlord provided a reason for the delay in its response to the resident or provided him with updates, and as a result this led to him chasing for a response. Although not as substantial, the landlord also exceeded its complaint response time at stage two of its process, as the complaint was escalated on 15 July 2021 and the landlord issued its response on 24 August 2021. It was appropriate that the landlord acknowledged these delays within its responses and offered a proportionate level of compensation.
  2. In accordance with this Service’s remedy guidance awards of over £700 may be considered in cases where there has been a severe long-term impact on the resident as a result of the landlord’s errors. In this case, given the excessive delays arranging the damp inspection, and subsequent delays in arranging the repairs, the disruption and inconvenience to the resident and the additional time and effort caused to him in chasing both the repairs and the complaint responses, a compensation payment of over £700 is warranted. The landlord acknowledged its failings in both its handling of the repairs and the complaint and offered a total of £1290 compensation, comprised of £570 for its complaint handling failures and £720 for its failures in handling the damp and mould repair works and acknowledgment of the distress and inconvenience caused to the resident. Whilst it is not disputed that there were significant failings by the landlord in its handling of the repairs and subsequent complaint, the landlord’s overall compensation offer is in line with this Service’s remedy guidance and therefore the landlord does not need to do anything further with regards to this complaint.

Determination

  1. In accordance with paragraph 55 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, resolves the complaint about the resident’s reports of damp and mould in the property and the associated complaint handling satisfactorily.

Recommendations

  1. If it has not done so already, it is recommended that the landlord should:
    1. Pay the resident the £1290 compensation that it offered previously through its complaints process.
    2. Complete the outstanding repairs identified within the damp inspection, in line with the timeframes given in its repairs policy. The resident should be provided with regular updates on the progress of the works.
    3. Contact the resident regarding his concerns about his energy bills and if appropriate raise this as a separate complaint through its complaints process.