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Places for People Group Limited (202324322)

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REPORT

COMPLAINT 202324322

Places for People Group Limited

25 November 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

  1. The complaint is about the landlord’s handling of the:
    1. Resident’s reports of damp and mould.
    2. Resident’s reports of concerns with the drainage at the property.
    3. Associated complaint.

Background

  1. The resident holds an assured tenancy of the property, a 2 bedroom house. The landlord is a housing association. The resident has 2 children and during the course of the complaint informed the landlord that her daughter uses an inhaler.
  2. The resident reported the issue of damp and mould on walls in the property to the landlord on 9 November 2022. The landlord issued various works to rectify the problem on 11 January 2023. These included washing down the bathroom, lounge and bedroom walls with a solution, work to repoint outside brickwork, and install vents in the property.
  3. The landlord issued work to install a new drain to the side of the property on 5 December 2022. It arranged for the drain to be cleared in December 2022 and February 2023.
  4. Various appointments between March and August 2023 that were made to carry out repairs for damp and mould were cancelled, or did not go ahead.
  5. The resident made a complaint to the landlord on 11 April 2023 and said she was still waiting to get the damp and mould issues sorted out and the issues were affecting her daughter’s health. She said that her furniture had been damaged by the dampness.
  6. The resident reported to the landlord that the drain was overflowing in May 2023, and it issued further work orders to complete repairs to the drain in May 2023.
  7. The landlord responded to the resident’s stage 1 complaint on 25 May 2023 and said that it acknowledged its service had fallen short, and that it took full responsibility for its failings. It acknowledged that all works regarding damp and mould were still outstanding, and it said it provided a schedule for when these works would be completed (this was not provided to this Service). It made apologies for delayed responses and lack of communication and offered her compensation of £3374. This was made up as follows:
    1. £2000 for damage to the sofa caused by damp and mould.
    2. £95 for damage to the shelving unit caused by damp and mould.
    3. £79 for damage to the chest of drawers caused by damp and mould.
    4. £1200 for the stress, inconvenience, and time spent dealing with delays.
  8. The resident escalated the complaint to stage 2 and the landlord issued its final response on 23 August 2023. It said that although it had carried out repairs and upgrades regarding the damp and mould and drainage, these had only been “partially successful”. It offered a further £125 compensation for work the resident had carried out herself, which brought the total offer of compensation to £3499. It agreed various actions including:
    1. A specialist damp and mould survey to be completed on 22 August 2023.
    2. Applying damp and mould inhibitor painting to the lounge wall.
    3. Replacing a drainage pipe to the side of the property.
  9. In referring the matter to this Service on 16 October 2023 the resident said the issues remained outstanding.

Events after the end of the landlord’s complaints process

  1. The resident contacted this Service on 24 October 2024 and said that she was still waiting for the issues to be resolved. She stated that the new drain was installed but is still flooding, and she believes this is causing damp and mould on walls in the property.

 Assessment and findings

Scope of the investigation

  1. The resident raised a concern to this Service around the handling of the window replacements and repairs at the property. This did not form part of the resident’s complaint to the landlord and there is no evidence of the landlord having investigated this concern within its complaints procedure. As this issue has not exhausted the landlord’s internal complaints procedure it has not been considered as part of this investigation. If the resident remains dissatisfied with the handling of the window repairs, she can make a complaint to the landlord which can be referred to this Service in due course if required.

The landlord’s handling of the resident’s reports of damp and mould

  1. The resident reported damp and mould to the landlord on 9 November 2022. The landlord noted in its internal records that the guttering needed clearing as this was causing an overspill and causing the damp and mould issues in the property. There is no record of the landlord carrying out any work or making any further notes until 11 January 2023. According to the landlord’s responsive repairs policy on damp and mould, it states that all calls relating to damp and mould will be triaged through a dedicated process. It will then send a dedicated operative or trade supervisor to assess the issue within 7 days. There is no evidence that it did this and no damp and mould survey has been provided to this Service. This was a failing.
  2. The landlord issued various work orders to rectify the damp and mould problem on 11 January 2023, 2 months after the problem was reported. The works issued included applying a solution to the walls in the living room and bathroom and to the kitchen ceiling. It also issued work orders to repoint brickwork , check the cavity wall insulation, and to install extractor fans in the kitchen and bathroom. The landlord’s responsive repairs policy says that in order to eliminate the effects of damp and mould on residents, it provides ongoing advice and implements remedies and ongoing monitoring to ensure it continuously improves its service. There is no evidence that the landlord provided any advice or monitoring in this period and therefore this was a failing.
  3. Numerous appointments for the work to rectify the damp and mould were cancelled between March and August 2023. The landlord has provided no evidence to this Service for the reasons for these cancellations. There was confusion at this time regarding scaffolding being erected at the property and around which contractor was responsible. The landlord acted unreasonably in not keeping records regarding the cancellations and updating the resident accordingly.
  4. Evidence provided to this service suggests that the issue with damp and mould has not been effectively resolved. The resident reported to the landlord in March 2024 that there was black mould in the living room and that her sofa and blankets felt damp. The landlord noted at this time that it was arranging for an inspection to take place. The resident confirmed to this Service on 24 October 2024 that she still had damp and mould within the property. We also note that the resident had informed the landlord she is not using the extractor fans due to the running costs. The landlord informed the resident that the fans were installed to alleviate the damp and mould in the property and has said therefore they should be used.
  5. The landlord has a damp and mould information leaflet for residents on its website. It says that people living in mouldy and damp homes are more likely to have breathing difficulties and suffer from asthma. It was unreasonable for the landlord to delay and not take more swift and robust action knowing that the resident had a child who had breathing difficulties. The leaflet further states the landlord will support the resident and carry out repairs within a reasonable time. It did not carry out repairs within a reasonable timeframe or support the resident through this, which was inappropriate.
  6. Damp and mould is listed as one of the hazards assessed under the HHRS (Housing Health and Safety Rating System). Damp and mould have the potential to impact on a resident’s health, especially for individuals considered vulnerable. There is no evidence of the landlord assessing the risk in this case and therefore considering whether the damp and mould amounted to a hazard.
  7. The landlord made apologies and acknowledged failings in its complaint responses and in its lack of communication, which it said caused further damage in the property. It acknowledged in its stage 1 response that all damp and mould issues were still outstanding and apologised for giving incorrect advice and ignoring requests for call backs. It made an offer of £3499 compensation for damage to the resident’s furniture and the stress and inconvenience caused and time taken. It agreed to carry out works as part of the stage 1 and stage 2 process, however the issue has not been resolved.
  8. Where a landlord has acknowledged failings, we will consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we take into account whether the landlord’s offer of redress was in line with the Ombudsman’s dispute resolution principles: be fair, put things right and learn from outcomes.
  9. The landlord acted fairly by making numerous apologies within its complaint responses. The landlord also acted fairly by paying the resident compensation for the damaged furniture. The landlord also offered £1200 for stress and inconvenience. The compensation offered was proportionate and within the range of awards set out in the Ombudsman’s remedies guidance for situations such as this, where there was a failure that had a significant impact on the resident and where the landlord’s response to the failures exacerbated the situation. Although the landlord made several promises to carry out work to rectify the problem within its complaint responses, the work carried out did not fully resolve the issue and therefore the landlord did not put things right. Therefore this investigation has found maladministration. We have made an order for the landlord to arrange for an independent damp and mould survey of the property to determine if any further works are required, and to provide a written report to the resident and the Ombudsman, which identifies what work will be completed (with timescales).

The landlord’s handling of the resident’s reports of the drainage.

  1. The landlord ordered work to install a new drain to the side of the property on 1 December 2022. This Service has not been provided with records for when this work was completed.
  2. The landlord cleared a blockage of the drain in the car park next to the resident’s property on 9 December 2022 and issued a further works order to clear the drain at the front of the property on 11 January 2023. The landlord ordered this work as a priority 3 planned job, giving 90 days to complete the work, according to its responsive repairs policy. These works included a jet clean and camera survey to investigate issues with the drain. This work was completed on 13 February 2023, which was in accordance with timescales in its policy. It did note however that further work would be needed to investigate the cause of the problem.
  3. The resident reported that the drains were blocked and overflowing on 11 May 2023. The landlord issued a job as a priority 1 emergency for a response in 24 hours, in accordance with its responsive repairs policy. The landlord did not attend so a further appointment was arranged for 14 May 2023, however , due to some confusion with the contractor not receiving the correct information it again did not attend the property. The contractor inspected the site on 15 May 2023 and reported that no blockage was visible. This was 4 days after the resident reported the blocked drain and was therefore a failing under its policy.
  4. The resident continued to report issues with the drain after the landlord’s complaints process. Records provided to this Service show a new drain was fitted at the property on 1 September 2023, however the resident reported to the landlord on 18 September 2023 that the drain was still overflowing and her garden flooding.
  5. The landlord carried out further works to the drain in December 2023. It also proposed using a “specialist machine” to clear all debris that may be caught in the drains. The landlord assured the resident that it was confident that carrying out these works would “eliminate the flooding issues to both her property and the carpark area”.
  6. The landlord has made various attempts to resolve the issue with the blocked drain and has carried out investigations to find the root of the problem. However, no lasting solution has been found. The resident is still living with the issue and informed this Service in October 2024 the drain is still overflowing and has sent photographs that show the area is flooding.
  7. Where a landlord has acknowledged failings, we will consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we take into account whether the landlord’s offer of redress was in line with the Ombudsman’s dispute resolution principles: be fair, put things right and learn from outcomes.
  8. The landlord acted fairly by making apologies in its complaints responses and acknowledging its failings. It stated that although it had carried out works to the drainage, the problem still had not been resolved. Although it did not specify what proportion of the £1200 compensation awarded for stress, inconvenience and time taken was allocated for the drainage issues, as set out above, this amount was proportionate to the distress and inconvenience the resident may have incurred as a result of the landlord’s response to her reports of damp and mould at the property. We have therefore made a further order for the landlord to pay the resident £600 for distress and inconvenience that she may have incurred as a result of the landlord’s response to her reports of problems with the drainage. This amount is within the range of awards set out in our remedies guidance for situations such as this where there was a was a failure which adversely affected the resident. This Service recognises that the Landlord has made efforts to resolve the issue but it has still not put things right. Therefore, there was maladministration. We have made an order for the landlord to arrange for an independent survey of the drainage to determine if any further works are required, and to provide a written report to the resident and the Ombudsman, which identifies what work will be completed (with timescales).

The landlord’s handling of the resident’s complaint

  1. The resident raised her stage 1 complaint on 11 April 2023 and the landlord acknowledged this on the 14 April 2023. It responded on 25 May 2023, 27 working days later. This was a failing under its complaints policy and the Ombudsman’s Complaint Handling Code in use at the time, both of which state a response should be given in 20 working days.
  2. There was therefore service failure in the landlord’s complaint handling. An order has been made that the landlord pay the resident £75 compensation for time and trouble. This is in line with our remedies guidance for cases such as this, where there was a minor failing in the service the landlord provided, and it did not appropriately acknowledge this or put it right.

 Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of damp and mould.
  2. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of the drainage.
  3. In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the resident’s complaint.

 Orders

  1. Within 4 weeks of the date of this report the landlord is ordered to:
    1. Pay the resident compensation of £4174 made up of:
      1. £3499 previously offered by the landlord, if it has not already been paid.
      2. A further £600 for distress and inconvenience incurred by the resident as a result of the landlord’s response to her reports of problems with the drainage. This amount should be paid direct to the resident and not used to offset any monies she may owe the landlord.
      3. A further £75 for the time and trouble incurred by the resident as a result of its complaint handling failings. This amount should be paid direct to the resident and not used to offset any monies she may owe the landlord.
  2. Within 6 weeks of the date of this report, the landlord is ordered to arrange for an independent damp and mould survey of the property. Within 2 weeks of the survey the landlord is to provide a written report to the resident and the Ombudsman, which identifies what work will be completed (with timescales).
  3. Within 6 weeks of the date of this report, the landlord is ordered to arrange for an independent survey of the drainage. Within 2 weeks of the survey the landlord is to provide a written report to the resident and the Ombudsman, which identifies what work will be completed (with timescales).