Rochdale Boroughwide Housing Limited (202323133)

REPORT

COMPLAINT 202323133

Rochdale Boroughwide Housing Limited

12 May 2025

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 damp and mould and subsequent repair works at the resident’s property.

Background

The resident holds an assured shorthold tenancy with the landlord. Both the resident and his partner have been involved in bringing the complaint to the landlord. However, for ease of reference both the resident and his partner will be referred to as ‘the resident’ in this report.
On 29 November 2022, the resident reported that there was damp and mould in the kitchen and the downstairs toilet. The landlord carried out an inspection at the property on 19 December 2022. On 16 February 2023, it raised works to remove the kitchen units and treat the damp and mould.
The resident complained to the landlord on 4 April 2023. He said the landlord had initially booked the work in before Christmas, but appointments had been delayed twice. He had emptied the kitchen of all its contents, but the landlord had not started the work to remedy the damp and mould. He said this was unacceptable. He asked the landlord to confirm what work it would carry out and the date it would complete the work. He also asked the landlord to inspect the kitchen as he believed it should be replaced.
On 2 May 2023, the resident complained to the landlord again. He said the landlord had advised that it would need to take out the kitchen so that it could put in a new damp course. However, the operatives the landlord had sent out thus far had seemed unclear as to what work needed doing. The landlord had told the resident the work to remedy the damp would take place at the end of May 2023 but had not explained what the work would involve, how long it would take, or whether he and his family would have access to kitchen facilities during the work. He said he had not had a response to the complaint he had submitted a month ago.
On 12 May 2023, the landlord acknowledged the resident’s complaint and said it would respond in 10 working days. It said the work to remedy the damp and mould would start on 15 May 2023 and would take 4-5 days. It advised it had identified further works including servicing the positive input ventilation (PIV) unit, fitting ventilation in the kitchen and bathroom, and boxing-in the boiler.
The landlord completed the work to remedy the damp and mould on 22 May 2023.
The resident contacted the landlord again on 5 June 2023. He said:
1. The plastering it had carried out was not up to standard. The plaster at the top of the walls in the toilet was not smooth and there were holes that needed filling. The plastering under the stairs was only half completed. The dividing wall near the toilet had not been replastered. The new skirting did not match the door frames.
2. The landlord had not replaced the skirting board behind the fridge in the kitchen and had not repaired membrane on part of a wall. It had installed a second-hand kitchen unit which was damaged. The tiling in the kitchen was loose.
3. There was a leak coming from the bathroom into the downstairs toilet. The sink in the toilet was loose and the tiles had not been replaced.
4. The landlord had not installed airbricks or vents. It had not boxed-in the boiler.
5. The upstairs toilet was not flushing. The landlord’s operative had been unable to repair it as it was too old and was not able to unscrew it from the wall to replace it.
6. He still had not had a response to his complaint.
On 9 June 2023, the landlord issued its stage 1 complaint response. It apologised to the resident for its sub-standard service and the inconvenience this had caused him. It said:
1. Its records showed that the resident had contacted it on 4 April 2023 but had not raised a formal complaint on that date.
2. It had taken 6 months to start the works to remedy the rising damp.
3. Its inspector had found the plastering work was not done to an acceptable standard and was incomplete.
4. It apologised that the resident had not had a response from members of staff it had given him contact details for. It said one staff member had been off work unexpectedly, but it would raise the issue with the other member of staff and would deal with the matter internally.
5. It would remind its operatives to clean up after themselves every day and to leave properties in a usable condition.
6. It had made appointments to repair the leak from the bathroom and to fit a new toilet for 7 July 2023. It would contact the resident as soon as it had booked in the appointments for the other outstanding works.
7. It took on board the resident’s comments in relation to ensuring that its operatives had exact requirements for each repair job.
8. It offered him £200 compensation and £102.13p reimbursement for the takeaways he had had to buy during the kitchen repairs.
The landlord contacted the resident again on 19 June 2023. It said:
1. It had chased its contractors in relation to repairing the loose sink and tidying up the plasterwork under the stairs. It would retile the kitchen windowsill and replace the kitchen cupboard unit.
2. It would consider installing a fan in the downstairs toilet. If this was not possible it would discuss other options with him.
3. The resident had mentioned that the roof may be leaking. It would investigate this.
4. It had booked appointments to install ventilation in the kitchen and bathroom and to service the PIV unit, for 30 June 2023.
5. It offered the resident decorating vouchers to the value of £225 (£75 per room).
On 27 June 2023, the resident escalated his complaint to stage 2 of the landlord’s complaints procedure. He said:
1. The landlord had not replaced the skirting board behind the fridge and had not carried out the plastering under the stairs. It had not replaced the kitchen cupboard.
2. The landlord had not boxed in the boiler, nor had it replaced the extractor fans. It had not told him whether it would replace the door frames.
3. He had not received reimbursement for the cost of the takeaway meals. He was worried that the £225 in vouchers would not cover the cost of the decoration. He felt that the £200 compensation the landlord had offered him was insufficient.
The landlord told the Ombudsman that it fitted additional ventilation and serviced the PIV unit at the resident’s property, on 30 June 2023.
The landlord contacted the resident on 7 July 2023. It said it would:
1. Check the doorframes to see if these were damaged. It would also inspect the living room door hinges.
2. Replace the skirting board behind the fridge, reseal the kitchen worktop, regrout the kitchen windowsill, and replaster in the kitchen and under the stairs.
3. Identify the cause of the leak in the bathroom and reseal the bath, secure the bathroom sink, refit the bathroom light, and repair the pullcord in the downstairs toilet.
4. Patch-up the area round the PIV unit, fit external vents, and make good the brickwork.
5. Inspect the roof as the resident was concerned there may be a leak.
6. Fit a new kitchen unit and box in the boiler on 10 July 2023.
The landlord has said it tried to contact the resident on 11 July 2023, to make appointments to repair the external brickwork and to grout the kitchen windowsill. It said it left a voicemail but did not hear back from him, so it cancelled this repair.
On 12 July 2023, the landlord told the resident it would not replace the doorframes as these were not damaged. The landlord raised works to complete the additional plastering on 13 July 2023.
On 25 July 2023, the landlord told the resident it had booked an inspection to identify the leak from the bath. The landlord’s internal correspondence of the same day shows it booked a roof inspection for 31 July 2023.
On 8 August 2023, the landlord issued its stage 2 complaint response. It apologised for the inconvenience caused to the resident. It said it would repair the living room door, replace the skirting board behind the fridge, and reseal the kitchen worktop on 11 August 2023. It said it did not yet have the dates it would install a new bath and fit roof vents. It increased the decorating allowance from £225 to £375. It offered him further compensation of £425 for the disruption caused and for the cleaning of the hallway carpet, making a total of £1000 including the £200 compensation it had offered in its stage 1 complaint response.

Events after the end of the landlord’s complaints process

On 26 February 2024, the landlord carried out further plastering at the resident’s property.
The resident contacted the landlord on 5 March 2024 about making good the external brickwork and the regrouting of the kitchen windowsill. The landlord said it arranged an appointment to regrout the kitchen windowsill on 10 May 2024, however it was not able to gain access on that day. The landlord’s repair records show that the work to make good the external wall was completed on 14 May 2024.The landlord’s repair records show that it regrouted the kitchen windowsill and resealed the kitchen worktop on 17 May 2024.
The resident complained to the Ombudsman on 5 October 2024. He said the landlord had incorrectly recorded his initial complaint as an enquiry. He said the landlord’s operatives had completed work to a poor standard and rooms had needed decorating and cleaning. He said the landlord should pay him £3500 in compensation.
On 29 April 2025, the resident told the Ombudsman that all the works had been completed. He said he had submitted a separate complaint to the landlord about the leak from the bathroom. He explained it had cost him £50 to clean the carpet. He said the landlord had offered to redecorate after the works but had confirmed it would only do this in white paint, so he did the redecorating himself.
The resident told the Ombudsman on 9 May 2025, that although the landlord replastered areas, the plastering under the stairs was still rough in parts and the line between the old and new plastering in the kitchen was still visible. He said that the landlord scheduled operatives to fit air vents on the same day as a plumber was sent to fit a new toilet in the bathroom. He said that the operatives fitting the vents had started in the bathroom which meant that the plumber could not fit the toilet that day and had to come back the following week. He advised that the operatives fitting the vents made a mess and did not follow their supervisor’s advice to drill from the inside of the property to the outside to minimise dust and debris. He said the kitchen vent was installed poorly resulting in a leak.

Assessment

Scope of investigation

The resident has told the Ombudsman that he raised separate complaints with the landlord about the leaks from the bathroom and the kitchen vent. He also reported to the landlord that there may be a leak from the roof. These issues have not been considered in this assessment and are noted in the background of this report for context only. This is because the Ombudsman will not consider complaints that are made prior to having exhausted a landlord’s complaint procedure. This is so that landlords have the opportunity to respond to complaints and resolve issues before the Ombudsman becomes formally involved. The resident may be able to refer these complaints to the Ombudsman for a separate investigation, if he remains dissatisfied once they have exhausted the landlord’s complaints process.

Policies and procedures

Under the terms of the resident’s tenancy agreement, the landlord is responsible for repairs to the exterior and structure of the property.
The landlord’s repairs policy states that it will complete routine repairs within 20 working days.
The landlord’s complaints policy in operation at the time of the resident’s complaint had 2 stages. The policy stated that it would respond to stage 1 complaints within 10 working days and to stage 2 complaints within 20 working days. The policy stated that if the landlord needed more time to investigate a complaint, any extension of time would not exceed 10 working days at either stage, without agreement from both parties.
The Ombudsman’s complaint handling code (the Code), published on our website, sets out our expectations for landlords’ complaint handling. The Code states that a complaint is defined as: ‘an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents’.

The landlord’s handling of damp and mould and subsequent repair works

The resident first reported damp and mould in his kitchen and downstairs toilet to the landlord on 29 November 2022. The landlord did not carry out works to remedy the damp and mould until 22 May 2023. In its stage 1 complaint response, the landlord apologised that it had taken 6 months to complete these works and offered the resident £200 compensation for the delay. This was appropriate compensation at that stage for the delays in it treating the damp and mould in the kitchen.
The resident submitted a complaint on 4 April 2023. The landlord said the resident had told it that he did not want it to treat the matter as a complaint. However, the resident repeatedly referred to this initial complaint as a complaint in his subsequent correspondence with the landlord. On 2 May 2023, he complained again and asked the landlord why it had not responded to his initial complaint. On 12 May 2023, the landlord acknowledged the resident’s complaint of 2 May 2023 and said it would respond within 10 working days. The landlord did not issue its stage 1 complaint response until 9 June 2023. This was a failing that will have caused the resident time, trouble, and inconvenience, as he was kept waiting for a response to his complaint for longer than he should have been.
The resident complained that there was a lack of coordination in the way in which the landlord scheduled repairs, and its operatives were often not clear on what work needed carrying out. He said the landlord sent an operative to remove the kitchen units in February 2023 and the resident spent time clearing the kitchen and the downstairs toilet. However, it became clear that the landlord had not yet scheduled in the work to treat the damp and mould, meaning that the resident would have been left without a kitchen for months as the work did not start until 15 May 2023. The landlord acted appropriately in apologising for this failing. However, as noted above, the resident told the Ombudsman that the landlord failed to coordinate works on 30 June 2023 when a plumber due to install a new toilet was unable to do so as other operatives were installing a vent in the bathroom. It is recommended that the landlord reviews its procedures to ensure that it coordinates repairs to avoid delays and having to reschedule work, where possible.
The landlord reimbursed the resident £102.13 for the money he had spent on takeaway meals for himself and his family during the time it was carrying out works to remedy the damp in the kitchen. This was reasonable, as he had told it that its operatives had left the kitchen covered in dust at the end of each day, so there was nowhere for the resident and his family to cook. However, there was a delay in the landlord reimbursing the resident and he had to chase for this, which caused him additional inconvenience.
In its stage 1 complaint response, the landlord told the resident it would remind its operatives of the importance of cleaning up after themselves at the end of each day. However, the resident told the Ombudsman that the operatives the landlord sent to install the vents, left a mess in the bathroom and walked dog faeces into his carpet. This was a failing which will have likely caused the resident considerable frustration and inconvenience. It was appropriate that the landlord took the cleaning of the carpet into account when awarding compensation.
On 5 June 2023, the resident told the landlord that subsequent repairs were needed following the works to remedy the damp and mould, including plastering, replacing the skirting board and a damaged kitchen unit, regrouting the kitchen windowsill, securing the sink in the toilet and installing vents. These were routine repairs; therefore, the landlord should have arranged appointments to complete these repairs in-line with its timescale of 20 working days. However, nearly all of these works were still outstanding on 8 August 2023. It is accepted there may sometimes be reasons why a landlord cannot complete routine repairs within its published timescales, however, if this were the case, it would have been good practice for the landlord to explain to the resident why it was not able to do so in this instance.
The landlord contacted the resident on 11 July 2023 to make appointments to repair the external brickwork and to grout the kitchen windowsill. It said it had left a voicemail for the resident but did not hear back from him, so it cancelled these repairs. This was a failing. The landlord would have been expected to make reasonable attempts to arrange repair appointments. The fact that it left the resident just one voicemail was insufficient. The landlord should have attempted to contact the resident through other means such as by letter or email before it cancelled work as it had no means of knowing whether the resident had received its voicemail. The fact that it did not do so, led to these works not being completed until May 2024, nearly 7 months outside of the landlord’s timescales for carrying out routine repairs.
On 13 July 2023, the landlord raised works to carry out additional plastering at the resident’s property. This work was not completed until 26 February 2024. The landlord has not provided the Ombudsman with the reasons for this delay. In the absence of an explanation, we can only conclude the delay was unreasonable. This delay will have likely caused further time, trouble, and inconvenience to the resident.
The resident escalated his complaint to stage 2 of the landlord’s complaints procedure on 27 June 2023. There is evidence to suggest that it informed the resident on or around 2 August 2023 that it would respond by 8 August 2023. In doing so it acted in line with its complaints procedure which stated that it should inform the resident if it needed more time to respond and that any extension should not exceed a further 10 working days.
In its stage 2 complaint response, the landlord told the resident that it had made appointments for 11 August 2023 to repair the hinges on the living room door, replace the skirting board behind the fridge, and reseal the kitchen worktop. However, on 22 August 2023, the resident told the landlord that none of these repairs had been done. This was a further failing.
The landlord offered the resident £375 in decorating vouchers. The resident told it that this amount would not be sufficient to cover the cost of decorating after the repair works. The resident told the Ombudsman the landlord offered to carry out the decoration but said it would only do this in white paint. This was unreasonable. Landlords are expected to try to match the original decoration if they are reasonably able to do so. The resident has told the Ombudsman he carried out the redecorating work himself. Therefore the £375 the landlord has offered as a decorating allowance will be taken into account when considering the total compensation which the landlord has offered for distress and inconvenience.
The resident has said that the replastering the landlord carried out in the kitchen and under the stairs is not to a satisfactory standard. It is recommended that the landlord contacts the resident to discuss his concerns about the plastering at his property. If the landlord decides it is necessary, it should carry out a further inspection of these areas.
The landlord has offered the resident a total of £1000 compensation for its errors in its handling of damp and mould and subsequent repairs at the resident’s property. This offer is in line with the Ombudsman’s remedies guidance, published on our website, which sets out our approach to compensation. The guidance states that where there were failures which adversely affected the resident, up to £1000 compensation should be considered. Therefore, the landlord does not need to do anything further in this regard, as its offer is in line with what the Ombudsman would have awarded had the landlord not already made an offer and it is appropriate redress for the landlord’s errors in this case.

Determination (decision)

In accordance with paragraph 53.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 its handling of damp and mould and subsequent repair works, satisfactorily.

Recommendations

It is recommended that the landlord:
1. Reviews its procedures to ensure that it works with its contractors to coordinate repairs to avoid delays and having to reschedule work.
2. Contacts the resident to discuss his concerns about the plastering at his property. If the landlord decides it is necessary, it should carry out a further inspection of the plastering in the kitchen and under the stairs.
The landlord should pay the resident the £1000 compensation it has offered through its complaints process within 4 weeks of the date of this report, if it has not done so already. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.