Orbit Housing Association Limited (202226906)
REPORT
COMPLAINT 202226906
Orbit Housing Association Limited
12 September 2024
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 reports of damp and mould, including requests for repairs to windows.
- The Ombudsman has also investigated the landlord’s handling of the resident’s complaint.
Background
- The resident has an assured tenancy for a 2-bed house. Her landlord is a housing association. She lives at the property with her two children, one is of adult age and the other has disabilities. The landlord states that it is aware of the resident’s asthma and breathing difficulties.
- In December 2022, the resident’s local MP contacted the landlord on her behalf about a reported lack of heating. A day later, the resident’s father contacted the landlord and reported severe issues with damp and mould, repeated cancellations of visits to repair the boiler, and expressed concern about the impact of the condition of the resident’s property on her health. The landlord’s heating team attended at the property the day after contact by the MP and arranged follow on works promptly. An internal referral was made to the landlord’s specialist damp and mould team around the same time.
- On 21 December 2022, the resident’s father asked that a formal complaint was raised about the landlord’s handling of issues with the boiler and with damp and mould. He explained that there had been issues with damp and mould in the property for at least 2 years, that the resident was overcrowded and needed a 3-bed property, and that the youngest child had no sense of danger. He asked the landlord to offer the resident adequate compensation based on the impact of the situation on the resident and her family. The landlord acknowledged the stage 1 complaint to the resident’s father on 28 December 2022.
- Records show that a damp and mould survey took place in mid-January 2023. This noted mould growth around the first-floor windows with elevated moisture readings on the right-hand window reveal in the front bedroom. Thermal imaging cameras showed several cold spots in the ceiling which was suspected to be caused by insufficient insulation. It recommended the following:
- replacing existing loft insulation with insulation that had a minimum depth of 270mm
- applying mould treatment to all affected areas of the property
- overhauling all windows to ensure they were properly sealed and closed correctly.
- A mould wash was applied to affected areas of the property later in January 2023. Repairs records state that loft insulation was replaced in February 2023 and the windows were overhauled in March 2023.
- The landlord gave the resident’s father a stage 1 response on 27 January 2023. This defined the complaint as being about damp and mould. It acknowledged the resident’s experience and that she had lost personal belongings due to the condition of her home. The response stated that the resident’s property had been inspected and a mould wash had been arranged. £4,500 was offered as compensation and ‘in full and final settlement’ as payment towards replacement of damaged personal items.
- It is not clear when the resident’s complaint was escalated or who made the escalation request. A stage 2 complaint response was given on 27 March 2023. This defined the complaint as being about damp and mould, issues with the boiler, and handling of requests for windows to be resealed. It stated that works had been done to address issues with insulation in the resident’s property on 8 March 2023, boiler issues had not been properly addressed at stage 1 but had now been resolved after a final appointment on 6 February 2023, and that works to reseal the windows had been arranged to be completed by 22 March 2023. It noted there was still outstanding work to be done on the front door but that the final appointment was due to take place on 5 April 2023. £50 was offered as compensation for poor complaint handling.
- The resident approached this Service for further escalation of her complaint in March 2023.
- In December 2023, the landlord carried out a damp survey of the property. This identified mould growth in both bedrooms and the living room. It recommended the following works:
- a mould wash to all affected areas
- clearing and maintaining guttering around the roof
- installing adequate insulation in the eaves
- to consider whether to install thermal drylining in affected areas to improve thermal performance
- The resident made a fresh complaint request in late 2023. It is not clear when this request was made or if the complaint was acknowledged, although the landlord told the resident that it was extending the deadline for the stage 1 response on 27 November 2023, 11 December 2023, and 12 January 2024. There is no evidence that the resident agreed to any extensions of deadline.
- The resident’s father raised concerns in January 2024 about differences of opinion between contractors on what works were needed to the resident’s property. He explained that contractors had told the resident that thermal insulation would not resolve mould problems, that the walls would need to be taken back to brick to install the insulation, that the undersarking in the roof needed addressing to resolve the mould issues as this was causing rainwater to run down the walls rather than down guttering, and that the resident would need temporary accommodation while works were carried out. The landlord did not offer a direct response to these queries.
- A new stage 1 response was given to the resident on 23 January 2024. This also defined the complaint as being about damp and mould. The landlord told the resident that all repairs connected to damp and mould had been completed, and that the only outstanding works were actually related to thermal performance. A 3-stage treatment programme would be applied in the next few days with fogging the week after, and thermal insulation installed in mid-February 2024. Temporary accommodation would be provided pending completion of repairs.
- The resident and her father raised concerns about the application of a mould wash in late January 2024. They explained that the landlord had given the resident no warning that the chemicals used for the mould wash produced strong fumes and were not safe for someone with respiratory health issues.
- In February 2024, the landlord attempted to source suitable temporary accommodation for the resident and her children. The resident and the landlord considered a range of properties, all of which were unsuitable either due to the layout of the property, location, or were not suitable due to her youngest child’s disability. During this period, the resident stressed that she preferred to have as little disruption as possible and to remain close to home with familiar surroundings.
- It is unclear when an escalation request was made following the stage 1 response on 23 January 2024 or who made the request. The landlord told the resident that it was extending the deadline for the stage 2 response on 16 February 2024, 29 February 2024, and on 22 March 2024. The final letter told the resident that she could approach this Service if she was not happy about the delays.
- The resident told the landlord on 22 April 2024 that she was not happy with the delays in providing a stage 2 response and asked for her complaint to be escalated again. She asked to speak with the complaint handler for her case. A day later, the resident told the landlord via email that she was going to reject an offer of £400 compensation made verbally by the landlord and asked again for her complaint to be escalated due to delays in tackling damp and mould in her home, and personal belongings which had been damaged by damp and mould. The landlord acknowledged this escalation request on 8 May 2024.
- A fresh stage 2 response was given to the resident on 22 May 2024. This defined the resident’s complaint as about the levels of compensation offered due to damp and mould issues at her property, that the landlord had not considered the resident’s health issues, and poor communication from the landlord. The resident’s complaint was upheld and £850 was offered as compensation.
- In late May 2024, the landlord and resident discussed compensation for damaged personal belongings. The landlord agreed to review this if the resident provided original receipts and photographs of the damaged items.
Assessment and findings
The landlord’s handling of reports of damp and mould, including requests for repairs to windows.
- The landlord’s damp and mould policy, introduced in April 2022, states that it has a ‘zero tolerance approach to damp and mould.’ It commits to timely responses to this issue, to diagnose and take action to alleviate damp as quickly and efficiently as possible in accordance with the repairs policy, and to consider the individual circumstances of the household along with any vulnerabilities if extensive works may be required.
- The landlord’s repairs policy states that routine repairs, defined as ‘day-to-day maintenance’ will be carried out within 4 to 24 hours if an emergency or within 28 days if not. Major repairs are defined as works that will take longer than 4 hours to complete, need coordination between different types of contractors or need specialist contractors, or need scaffolding. These types of repairs will be completed within 90 days.
- The resident’s tenancy agreement states that the landlord is responsible for maintaining and, where appropriate, keeping the following in proper working order:
- the structure and outside of the property
- internal walls, floors, ceilings, major internal plasterwork
- kitchen and bathroom fixtures
- installations for the supply of gas, electricity, water, and sanitation
- appliances provided by the landlord for making use of the supply of water, gas, and electricity
- Section 11 of Landlord and Tenant Act 1985 implies a term into the resident’s tenancy agreement that the landlord must keep the structure and exterior of the resident’s property in repair, including flooring. The landlord also must keep installations for the provision of gas, electricity, water, sanitation (including sinks and toilets), hot water, and space heating in good repair and proper working order. Section 9A of Landlord and Tenant Act 1985 implies a similar term into the tenancy agreement that the landlord must ensure that the property is fit for human habitation throughout the lifetime of the tenancy. Section 10 of Landlord and Tenant Act 1985 states that a property will be unfit for human habitation if one or more of the following defects makes the property not reasonably suitable for occupation in the current condition:
- repair
- stability
- freedom from damp
- internal arrangement
- natural lighting
- ventilation
- water supply
- drainage and sanitary conveniences
- facilities for preparation and cooking of food and for the disposal of waste water
- (England only) the presence of any prescribed hazard as set out in the Housing Health and Safety Rating System (‘HHSRS’)
- Both legal obligations are triggered when the landlord is notified of an issue. The landlord then has a reasonable period of time to carry out works for which it is liable. A landlord can have a legal obligation under section 11 and/or section 9A to carry out works to repair or prevent damp and mould, depending on the root cause of the issue.
- The resident contacted the landlord on 14 November 2022 to explain that her loft was mouldy and that it was spreading around the house. The resident chased the landlord for an update on 28 November 2022, 29 November 2022, and 7 December 2022, forwarding medical notes about the impact of mould on her health. Repairs records state that a mould wash was carried out on 13 January 2023, 60 days after the mould was first reported and significantly beyond the timescales for routine repairs set out in the landlord’s repairs policy. The landlord should have assessed whether it needed to arrange emergency repairs after receiving evidence of the resident’s health issues. This is a failure of the landlord to carry out repairs within published timescales and to act quickly to put things right.
- It is positive that the landlord arranged a damp and mould survey on 13 January 2023, although this was 60 days after the first report. Replacement of existing loft insulation was carried out on 1 February 2023, 19 days after the survey and within timescales set out for routine repairs. Resealing windows was done on 22 March 2023, 68 days after the survey and significantly beyond the timescales set out for routine repairs. The survey did not identify whether a decant was required or whether any of the works could pose a risk to the resident in light of her health issues. Delays in carrying out recommended repairs linked to damp and mould would have been frustrating for the resident and raised further concerns about the landlord’s commitment to eliminating damp and mould from her property.
- It is difficult to come to any firm conclusions, based on the evidence provided to this Service, as to whether the repairs arranged in early 2023 were effective and long lasting. Contact records state that the landlord contacted the resident on 15 September 2023 to check whether there continued to be issues with damp and mould but there are no accompanying notes which explains what was discussed. The resident contacted the landlord on 6 November 2023 to explain that there were still issues with damp and mould and that these had ‘been ongoing for nearly 12 months’. An email from the resident on 6 November 2023 reiterated her health conditions and that she had reported the return of damp and mould in April 2023. The landlord should have been proactive in monitoring damp and mould after the completion of repairs in early 2023, particularly given the resident’s health issues and as there was a young child living at the property.
- Poor record keeping has meant that the landlord has not been able to evidence whether it had been contacted by the resident about damp and mould between April 2023 and November 2023 or whether the landlord offered a response. This is a missed opportunity for the landlord to demonstrate what steps, if any, it took during this period.
- The next damp survey took place on 4 December 2023, 28 days after the landlord’s records state that the resident raised fresh concerns about damp and mould. It is positive that the landlord arranged for this to be done by an independent and external surveyor who had not been involved with the case before. However, this survey also failed to identify whether a decant was required and whether any of the recommended works posed a potential risk to the resident, bearing in mind her health issues.
- Some of the works recommended in the December 2023 survey were not carried out in a timely manner or with consideration to the resident’s health issues. The mould wash was due to take place on 26 January 2024, 53 days after this work was identified in the survey and significantly beyond the published timescale for routine repairs. This was further delayed due to concerns about the impact of this treatment on persons with respiratory health conditions. As the landlord was aware of the resident’s health issues at this point, it should have discussed the potential impact of this treatment on her and whether temporary accommodation was required in advance of these works. Although the landlord could not offer something suitable due to the specific needs of the resident and her child, the landlord did explore a range of options with the resident. However, failing to assess whether temporary accommodation was required led to avoidable delays in carrying out the mould wash.
- It is unclear, based on the evidence provided to this Service, when the other works recommended in the December 2023 survey were carried out. Correspondence between the landlord and the resident’s father indicate that attempts to install thermal drylining were made on 3 January 2024, although there was disagreement between contractors as to whether insulation would alleviate mould in the property, the best way to install the drylining, and whether the resident would need temporary accommodation. Concerns were also raised on 3 January 2024 that defective undersarking in the roof was contributing to water ingress. The resident has stated in correspondence that the landlord decided against installing drylining on 28 February 2024 and agreed to fix the roof instead, and issues with the loft insulation were resolved on 29 February 2024. As the resident has stated that all works were completed by 7 March 2024, this Service has taken this as the date that recommended works to the guttering took place.
- Repairs to the loft insulation therefore took 87 days and repairs to the guttering took 94 days, both beyond the timescales for routine repairs. The landlord’s failure to assess whether drylining was appropriate before contractors were instructed led to dispute and confusion over what works were going to be carried out and whether temporary accommodation was required.
- It is concerning that issues with the resident’s roof were not picked up by either survey and that the landlord only took action over this after the intervention of the resident’s father. The landlord should have been careful to consider whether roof leaks were present and a contributing factor to damp and mould in the property. Failing to adequately investigate this point led to delays in carrying out repairs and satisfactorily tackling what may have been a contributing factor to damp and mould in the property.
- In this case, the resident has repeatedly raised concerns about damp and mould in her property and kept the landlord informed of the particular risks posed to her health and her children. The resident’s father intervened by contacting a senior manager on several occasions and it is clear that this helped to speed up the landlord’s response. It is not acceptable that the resident had to resort to this as her initial concerns and reports should have been acted on promptly. The landlord’s failure to offer a timely response to the resident’s concerns, to arrange adequate repairs within the timescales set out in its repairs policy, and failure to take the resident’s individual circumstances into account in its response, have all contributed to a breakdown in the landlord/tenant relationship and caused the resident significant time and trouble in seeking a resolution.
- Due to the failings identified in this report, this Service has found maladministration in the landlord’s handling of reports of damp and mould, including requests for repairs to windows. It is positive that £4,500 was offered as compensation in the stage 1 response given on 27 January 2023, but this was explicitly as payment towards the resident’s personal belongings rather than in acknowledgement of poor handling of damp and mould. It is also positive that the stage 2 response given on 22 May 2024 offered a total of £850 in acknowledgement of failings in handling damp and mould, but it is the Ombudsman’s opinion that this offer does not reflect the severity or sustained nature of the landlord’s failings. For this reason, this Service has ordered that further compensation is paid to the resident.
The landlord’s handling of the resident’s complaint.
- The landlord’s complaints policy sets out a 2-stage process. Stage 1 complaints are logged and acknowledged within 5 working days of receipt, with a response provided within 10 working days. If an extension to this deadline is needed, an explanation will be given to the complainant with a timeframe for when a stage 1 response will be given. Extensions will not exceed a further 10 working days without agreement. Stage 2 requests will be acknowledged and logged within 5 working days of receipt, with responses given within 20 working days. Extensions to this deadline will not exceed a further 20 working days without good reason. The complainant will be given the contact details for this Service if any extension is required at stage 2.
- The policy allows family members to make complaints on behalf of a resident, as long as the resident gives the landlord permission to accept a complaint.
- The resident’s initial complaint, made via the resident’s father, was made on 20 December 2022. The stage 1 response was given on 27 January 2023, 28 working days after the complaint was made and beyond the timescales set out in the policy with no extension of deadline agreed between parties. The response was also addressed and directed to the resident’s father rather than the resident herself, although it is reasonable to assume that this was passed on to the resident directly. The stage 1 response is apologetic, takes responsibility for the landlord’s failings, and offered a substantial amount of compensation albeit explicitly to cover damaged personal belongings rather than to acknowledge any failings. Delays in providing a complaint response would have been frustrating for the resident and led the resident’s father to make further queries about whether a response would be provided.
- It is unclear when the complaint was escalated or who made this request. No evidence has been provided that the escalation request was acknowledged. As the first possible date that the complaint could be escalated was when the initial stage 1 response was given, this Service has assumed that the escalation request was made on 27 January 2023. The stage 2 response was given on 27 March 2023, 41 days after the assumed date of the escalation request and beyond the timescales set out in the policy. This stage 2 response is also apologetic, acknowledged that issues with the boiler had not been covered in stage 1, and gave a detailed breakdown of the progress of works. It is positive that issues with complaint handling at stage 1 were acknowledged and compensation was offered for this, but the response should also have considered delays in providing both the initial stage 1 response and the stage 2 response.
- The resident made another complaint about the same issues on 6 November 2023. This Service has not been given evidence that this complaint was acknowledged. It is positive that the landlord accepted another complaint on this issue despite the initial complaint being referred to this Service by the resident in March 2023. However, the stage 1 response was provided on 23 January 2024, 53 working days after the new complaint was made. The landlord did contact the resident on several occasions to inform her of the delay, but there is no evidence that an extension of the deadline for a response had been agreed between both parties. These delays would have contributed to the resident not feeling that her concerns were being heard or acted upon by the landlord.
- The new stage 1 response did not acknowledge that there had been issues with addressing the resident’s concerns over the condition of her property. It also incorrectly stated that all works linked to damp and mould had been completed despite also stating that a 3-stage mould treatment would be carried out within a few days. This response further undermined the landlord/tenant relationship.
- It is also unclear when an escalation request was made following the new stage 1 complaint response. As the first possible date to make an escalation request would be when the new stage 1 response was given, this Service has assumed it was made on 23 January 2024. This Service has seen evidence that the resident was told on several occasions of further delays in providing the stage 2 response, all without agreement about extensions of deadlines between parties. Delays in the complaint response meant that the resident made another escalation request on 23 April 2024. This would have inconvenienced the resident and left her uncertain about what was happening to her complaint.
- The stage 2 response was given on 22 May 2025, 84 working days after the assumed escalation date and significantly beyond the timescales set out in the landlord’s policy. The new stage 2 response was apologetic and addressed all the points raised by the resident, although it did not acknowledge delays in the complaint responses or consider whether to reimburse the resident for damaged personal belongings.
- Due to significant delays in providing complaint responses and a lack of willingness to acknowledge complaint handing failings in the complaint responses themselves, this Service has found maladministration in the landlord’s handling of the resident’s complaint. It is positive that the landlord offered £50 compensation on 27 March 2023 for issues with complaint handling, but there have been further issues with handling the resident’s complaint since this point and this offer does not reflect the inconvenience caused to the resident by the serious and sustained delays in providing complaint responses.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
- Maladministration in the landlord’s handling of reports of damp and mould, including requests for repairs to windows.
- Maladministration in the landlord’s handling of the resident’s complaint.
Orders
- Within 4 weeks of the date of this report, the landlord must:
- Arrange for a member of the landlord’s senior management team to apologise for the failings identified in this report to the resident in person or, if the resident so chooses, in writing. Confirmation of this apology, including any learning identified as a result of contact with the resident, must be provided to this Service.
- Provide this Service with evidence that it has assessed the resident’s request to be reimbursed for damaged personal belongings as per the email sent on 30 May 2024.
- Pay the resident £1,600 in compensation directly, in addition to any compensation already offered. This comprises of:
- £1,000 for the time, trouble, inconvenience, and distress caused to the resident by the landlord’s handling of reports of damp and mould.
- £600 for the time, trouble and inconvenience caused by the landlord’s complaint handling failures.
- Contact the resident to discuss her vulnerabilities and those of her children. The landlord must update its records to reflect this discussion. Notes from contact with the resident and confirmation that the landlord’s records have been updated must be provided to this Service as evidence of compliance.
Recommendations
- The landlord should remind its repairs staff and contractors of the need to check if repairs would impact on the health of a resident and/or other occupiers and the potential need to arrange temporary accommodation if this is the case.