Oxford City Council (202320570)
REPORT
COMPLAINT 202320570
Oxford City Council
28 October 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 the resident’s reports of a leak from the above property.
- Handling of the resident’s reports of damp and mould.
- The resident’s claim for compensation, including damage to his belongings.
Background
- The resident is a secure tenant in a 1-bedroom ground floor flat. His tenancy began in November 2022. He has 2 children who visit and stay with him 3 days a week.
- The resident raised concerns with the landlord about a leak in the property when he moved in. He also raised concerns with damp and mould in the property in December 2022. The landlord attended to address the matters, however they remained outstanding. This led the resident to raise a complaint with the landlord on 23 October 2023. In his complaint he told the landlord that the issue had led to damage to his belongings.
- The landlord provided its stage 1 response on 6 November 2023 in which it discussed its findings and upheld the resident’s complaint. It said it had taken too long to find and rectify the leaks from the above flat and offered to compensate him for the items he had lost. It told him to provide evidence of the damaged items and costs to replace them. It also detailed its next steps.
- The landlord provided a further response on 16 December 2023 which discussed the next steps it said it would take in the stage 1 response. Within the letter it said there was no damp and mould, but there were outstanding works from the leak. The resident had provided costs of over £1,000, but it considered he had not properly ventilated the property and was as such partially responsible. Due to this it offered him £500 in compensation.
- The resident responded on 20 December 2023 and asked the landlord to escalate his complaint. He said despite repeated calls for an entire year, and numerous visits by the landlord, he was still living with damp and mould caused by the leak. There was mould throughout his flat and it had not discussed repairing the issue. He found the payment offered an insult based on the costs it would take to replace his damaged items. He said it had blamed him for something that was not his fault in its letter.
- The landlord provided its stage 2 response on 22 January 2024. It said it agreed with the stage 1 outcome and apologised for its customer service. It offered the resident £1,000 in compensation. In relation to his claim for damage to his belongings, it offered him another £1,000 in compensation. It then provided a list of actions it aimed to complete with target dates of completion.
- Following the stage 2 complaint, the damp and mould issues remained ongoing. The landlord offered the resident further compensation of £1,667.83 on 30 July 2024. This was for damage to his belongings, costs of running a dehumidifier, refund for the costs of cosmetic remedial works he completed to decorate the property, and the distress and inconvenience caused to him.
- The resident spoke to the Ombudsman on 25 June 2024. He explained that as a resolution to his concerns he wanted the landlord to:
- Fully resolve the damp and mould to ensure it did not return.
- Complete the remaining repairs.
- Reimburse/ compensate him for his damaged items. He wanted to be without worry of how the condition of the property affected his wellbeing.
Assessment and findings
Scope of investigation
- The resident has raised concerns about the landlord’s handling of his claim for compensation due to damage to his belongings. He has also raised concerns about the effects of the damp and mould on his and his children’s health. Paragraph 42.f. of the Housing Ombudsman’s Scheme states that the Ombudsman may not consider complaints which in its opinion concern matters where the Ombudsman considers it quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, other tribunal, or procedure.
- Due to this, the Ombudsman cannot consider the liability for the damage to the resident’s belongings. This is because it is better to deal with issues of liability through the courts, or an insurance claim. It also cannot consider the effects of the damp and mould on the resident’s or his children’s health. This is because the courts can offer an expert analysis and opinion on causation and liability for issues of personal injury. The Ombudsman can however consider the landlord’s response to the resident’s concerns around these issues.
- The resident informed the Ombudsman on 15 October 2024 that he told the landlord’s surveyor that the issues remained outstanding. He also said the surveyor told him this was incorrect as their damp meter did not show any issues of damp. Due to this he has been completing the needed works himself. The landlord provided the Ombudsman with evidence that the matter remained ongoing as of August 2024. As such this investigation will focus on the period between November 2022 and August 2024.
Handling of the resident’s reports of a leak from the above property
- The tenancy agreement states that the landlord will complete repairs within a reasonable time. When residents report a repair, it will tell them how soon it will get the work done. This would depend on how urgent it was. Its policy classifies repairs into 4 categories:
- Emergency repairs which it aims to complete within 24 hours.
- Routine repairs which it aims to complete within 28 days.
- Urgent repairs which it aims to complete within 3 days.
- Planned works which it aims to complete within 90 days.
- The evidence shows that the landlord acted to try and fix the leak. It attended on 20 December 2022 and believed it had fixed the problem. Due to recurring damp and mould issues raised by the resident, it attended his property on 11 July 2023. It said in its stage 1 response that its surveyor found the resident’s bathroom ceiling saturated. They said they believed it had not resolved the issue with the upstairs flat. It however did not resolve the matter until 11 October 2023. The Ombudsman acknowledges that the resident was using a dehumidifier in the property. However, this was a delay of 3 months in rectifying the issue and this was unreasonable.
- The landlord has also not shown that it explained to the resident how it classified the necessary repairs. This would have aided in managing his expectations on when it would complete them. This was also not in keeping with its responsibility under the tenancy agreement.
- In total, between the resident’s reports on 18 November 2022 until it rectified the issue on 11 October 2023, there was a delay of 11 months which was unreasonable. This was also inappropriate as it failed to complete the works within any of the timescales in its repairs policy. The Ombudsman acknowledges that the landlord believed it had fixed the issue on 20 December 2022, however, it has not shown that it completed any post inspection visits. This would have allowed it to assure itself that it had properly rectified the matter at that time.
- In summary, there was a delay of 11 months in the landlord addressing the leak. Although it believed the issue was rectified in December 2022, it did not demonstrate it completed a post inspection. Doing so would have allowed it to assure itself that it appropriately resolved the leak. Based on this the Ombudsman finds there was maladministration.
Handling of the resident’s reports of damp and mould
- The evidence shows that the resident reported damp and mould in the property on 5 December 2022. The landlord believed the issue to be because of the leak from his neighbour’s flat. The resident had expressed that he believed that there was more to the damp and mould than the leak.
- The landlord tried to address the damp and mould. It raised a mould treatment in January 2023. The resident had also told it about his concerns around the effects of the situation on both his and his children’s health. Its records show that he had raised his concerns around this as early as April 2023. The landlord has not demonstrated that it offered him any support around his concerns. This was unreasonable and shows a lack of customer focus.
- The landlord was aware that the resident’s children stayed with him at least 3 days a week and one of them lives with a disability. As such, this meant that the resident had a responsibility to provide them with a safe home. It has not shown that it risk assessed the situation at any point, and this was unreasonable. This was especially important due to the reported concerns around a risk to health.
- The landlord completed a survey in April 2023 and found that asides from the earlier leak to the bathroom ceiling, there was a hole in the outer wall which allowed for rainwater ingress. It raised the associated works between April 2023 and May 2023. It raised work for another mould wash, inspection, for an installation of a fan in the kitchen, and for the unblocking of an external vent in the wall. It also arranged for the removal, and replacement of the existing ventilation system. These were appropriate actions to take to try to find the root cause and remedy the damp and mould.
- Despite, the survey and its recommendations, the damp and mould continued. The landlord’s records show that after finding the saturated bathroom ceiling in July 2023, it fixed this in October 2023 and completed other works.
- On 16 December 2023, the landlord wrote to the resident and said following its surveyors visit, there was no damp and mould present in his home. It said it had provided means for adequate control of ventilation and he had not used these. It said he was partially responsible for the damp and mould in the property as he had not used the ventilation systems provided. The government provided guidance on “understanding and addressing the health risks of damp and mould in the home”. The guidance states that landlords should be trained to be sensitive to residents’ circumstances and ensure they do not blame residents for damp and mould.
- In this instance, the landlord directly attributed some blame to the resident for the issue. This was both unempathetic and unreasonable. It also contributed to the resident’s frustrations with the landlord and distress with the situation.
- As of December 2023, it believed the only outstanding works were to complete some plastering in the property. The resident however told it that the issue remained in an email on 19 December 2023.
- The landlord raised a mould treatment on 24 January 2024 and completed another survey on 27 March 2024. It concluded that a potential leak in service pipes behind boxing in the bedroom may be a further contributing factor to the ongoing damp and mould.
- The landlord said that it needed to complete further intrusive investigations. The matter had continued after it fixed the leak from the upstairs property. It would have been reasonable for it to have monitored the situation, and once aware the issue remained, raised another survey. The delay between 24 January 2024 and 27 March 2024 of over 2 months to complete the survey was unreasonable. This prolonged the period the resident had to live in a damp and mouldy property.
- The landlord also had a duty under the Housing Health and Safety Rating System (HHSRS) to ensure that it provided the resident and any visitors with a home free from hazards. The HHSRS regards damp and mould as potential category 1 hazards which are especially harmful to children aged 14 years or less. The resident’s children are dependents, as such the landlord should have taken proper consideration of them and the impact of the damp on mould. It should have considered whether the property remained habitable for the resident. The landlord had several opportunities to consider the risks because the resident told it on multiple occasions that the property had damp and mould throughout. He also said during a call on 3 April 2024 that one of his children complained of feeling ill whenever they visited. It has not showed that it did this at any point, and this is unreasonable.
- Further, the resident told the landlord he was having to clean mould off his belongings and that it was also on his bed. He said he had to replace several items including his child’s mattress due to mould growth on it. He also said occupational therapy offered him a special bed for his child. He did not feel he could accept this due to the mould growth on the items. In the telephone conversation on 3 April 2024, the resident explained to the landlord how his disabled child moved around the property. He told it due to this the mould in the property was a risk. He also told it that he could no longer sleep in his bedroom on 10 June 2024.
- The landlord however also did not show that it had due regard whether the situation invoked its obligations under Article 8 of the Human Rights Act 1998. This is because it has not showed that it considered whether the impact of the situation and its actions affected the resident’s enjoyment of the property, private and family life. It identified in an email dated 29 July 2024 that the resident had about 20 visits from surveyors and operatives in order to try to rectify the issue. It has not demonstrated that it considered the excessive nature of these appointments and the impact on the resident.
- Throughout the evidence, there are several instances of issues with the landlord’s communication in relation to damp and mould works. This was both within its organisation and for the coordination of the repair work. There were also instances of communication issues with the resident.
- For example, when he told the landlord that its operative attended without notice, in his letter of 16 December 2022 in relation to a surveyors visit. The evidence also shows that its contractor attended in April 2024 to complete some work earlier than the appointment on 11 April 2024. He then received a text message informing him the appointment was due to take place on 11 April 2024. On some occasions it did not attend, as was the case on 24 July 2024 in relation to filling a hole in the floor. Recently on 19 August 2024, it apologised due to further miscommunication around works which it needed to complete. The resident had repeatedly raised his concerns around its communication. Its failure to take appropriate, robust action around this added to his frustration with the landlord, and distress with the situation.
- The matter remained outstanding between December 2022 and August 2024. The Ombudsman understands that the landlord did try to rectify the issue. However, the resident continued to live with the effects of the damp and mould. This represents a delay of 21 months in which the resident lived with a compromised home, and this was unreasonable.
- In summary, there were delays in the landlord’s handling of the damp and mould. It did not consider some of its obligations such as the HHSRS. It did not show that it had due regard for its obligations under the Human Rights Act 1998. There were issues with its communication. The landlord offered the resident compensation of £1,000. It explained in its email of 30 July 2024 that this was in relation to the delays, service failure and impact on him. It then appropriately re-evaluated its position as the matter remained ongoing and offered the resident a further £600 for the ongoing distress and inconvenience caused to him (in total £1,600 for his distress and inconvenience). Whilst the Ombudsman considers this adequate for the distress and inconvenience caused to the resident. The landlord has not demonstrated that it considered the resident’s inability to appropriately enjoy the property.
- This was due to the ongoing issues with the property since November 2022. He told the landlord in October 2023 that he was sometimes sleeping on the sofa. This was due to the issues with the mould in his bedroom. He also told it on 10 June 2024 that he was no longer sleeping in his bedroom. He told the Ombudsman on 29 July 2024 that he had not slept in his bedroom for 5 to 6 weeks. However, he was still able to make meaningful use of the property. Based on this the Ombudsman finds that there was maladministration.
- The Ombudsman orders for a compensation amount based on approximately 10% weekly rent during the period of 04 January 2023 to 9 June 2024. The Ombudsman started its calculations from January 2023 as we consider it fair that the landlord had an opportunity to try to resolve the damp and mould. A further 20% weekly rent during the period of 10 June 2024 to 19 August 2024 is also due. This is because the resident was unable to use his bedroom during this time. This amounts to £995 and is not a rent refund or intended to be an exact calculation of rent paid for that period. This is additional to any compensation which it has already awarded the resident.
The resident’s claim for compensation, including damage to his belongings.
- The resident told the landlord it was responsible for the damage to his belongings. It told him on 16 December 2023 that he was partially responsible but offered him compensation. The resident disputed this, and it offered £1,000 at stage 2. The resident however felt this was not reasonable as he had submitted receipts in excess of this amount. The resident reported the issues remained ongoing and there was further damage to his belongings. The landlord appropriately re-evaluated its position, in July 2024.
- The landlord’s re-evaluation led to a further offer of compensation to the resident. This was £344.12 for the damage to his belongings (total of £1,344.12 for his damaged belongings) It also offered him compensation of £623.71 for the purchase of items to complete works to the property. This was based on receipts provided for the purchased items, and this appears reasonable. As the resident was not satisfied with its initial offer within the stage 2 response, it would have been good practice for it to have referred him to both his own and its insurer. This would have allowed for a loss adjuster to decide both liability, and a suitable amount of compensation due to the resident. The failure to show that it considered this was unreasonable. Based on this, the Ombudsman finds that there was service failure.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman’s scheme there was:
- Maladministration with the landlord’s handling of the resident’s reports of a leak from the above property.
- Maladministration with the landlord’s handling of the resident’s reports of damp, and mould.
- Service failure with the landlord’s handling of the resident’s claim for compensation, including damage to his belongings.
Orders
- Within 4 weeks of this report the landlord must:
- Provide the resident with an apology around the failings identified within this report.
- Pay the resident compensation of £4,662.83. This is inclusive of any previous compensation it has paid. The landlord must provide evidence of compliance in the form of an invoice or system screenshot showing it has paid the compensation to the resident.
- Speak with the resident and identify if he wishes to make a claim for the damage to his belongings. If so, it must provide the resident with advice on making a claim to its insurer. Should the resident wish to make a claim, it must provide him with support to do so. It should show to the Ombudsman that it has provided both the advice and support in writing.
- Speak to the resident to identify if he has any further concerns in relation to the property. It must also complete an inspection of the entire property and:
- Provide the resident with a specific point of contact who he is able to liaise with about any ongoing concerns around damp and mould in the property.
- Take necessary damp and moisture readings. It must confirm its findings to the resident and Ombudsman and if it needs to take any action.
- If it identifies that there are ongoing issues, it must provide the resident with an action plan and timeframe in which it aims to complete the works.
- The landlord must provide the Ombudsman with evidence of the post inspection findings, any action plan, its communication of the plan to the resident and provision of the specific point of contact.
- If it identifies that there are ongoing issues which it must rectify, consider whether additional compensation is required to address any distress and inconvenience faced by the resident.
- Provide proof of compliance with these orders.