Sanctuary Housing Association (202207445)

REPORT

COMPLAINT 202207445

Sanctuary Housing Association

13 January 2023

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:
   1. The resident’s reports of damp and mould in her property.
   2. The associated complaint.

Background

2. The resident is an assured tenant of the landlord. In August 2020 the resident reported damp and mould in the property. An inspection was raised but put on hold due to Covid-19. The landlord then completed an initial inspection in October 2020, where it identified that both external and internal repairs were required. A work order was raised to firstly address the external issues, and once this was done, replaster internally and install two condensation control fans in the kitchen and bathroom. Internal records note that this work was authorised on 30 October 2020. The resident called the landlord to chase these works several times in November and December 2020, advising that the mould and damp were worsening, and that this was affecting her health.
3. Some works were carried out in January 2021. During this, operatives identified a leak from the guttering. On 21 January 2021 the resident made a formal complaint to the landlord. She said, ‘I have recently had work done but not all of the work is complete nor has the main cause of the damp been dealt with. The wall that has been plastered 8 days ago is still soaking wet and will not dry out because the damp has not been dealt with.’ The resident described health issues that she said were being impacted by the damp, and said that the damp situation had been ongoing for years with no permanent resolution. She asked that the matter be escalated and dealt with urgently, and the guttering causing water to soak the wall to be repaired. Contractors re-attended and found that the new plastering was damp, and this was likely from the leaking guttering.
4. Following either a surveyor inspection or a review of photographs sent by the resident (it is not clear which), on 28 January 2021 the landlord noted that, ‘The work at this property has been carried out…however some of the work has not been done and some has been done incorrectly resulting in problems with the new plasterwork…. two pictures that I have attached are from the tenant showing the sections which are visibly wet and growing mould.’ A further work order was raised to address the guttering, which was subsequently repaired on 18 March 2021.
5. Contractors attended in April 2021 to install the fans. Works to the roof were also carried out that month. The resident raised further concerns about the works, and a surveyor attended in early May 2021 to inspect, and found that not all of the works raised had been completed, and subsequently asked contractors to return.  A further inspection with contractors was carried out in June 2021, and it was agreed that the contractors would complete all outstanding work. Further attendances followed to complete all works (including reinstalling the fans), and then replaster (which took place in July 2021).
6. On 26 July 2021 the resident emailed the landlord and confirmed that all works had been completed, and she would let the landlord know if the issue recurred.   At this same time the landlord issued a ‘Front Line Resolution Response’ to the complaint, offering £275. As the resident declined this, the case was allocated to the ‘investigation’ stage. The resident said that as an outcome she wished to be moved from the property, saying, ‘The damp/mould is in every room, it has been for many years…I have been ill for several years because of the damp and suffer daily not only physically but mentally as well.’
7. On 31 August 2021 the landlord issued its final response to the complaint in which it:
   1. Acknowledged that there had been delays and, exacerbated by the way in which it had managed the repairs with its contractor, and sincerely apologised for the impact this has had.
   2. Said that feedback had been given to all teams involved to ensure that they were able to take action to prevent this happening in the future, to include all records kept updated to track progress of any major or specialist works, monitoring of contractors by an allocated surveyor, and staff ‘taking ownership’ of repairs .
   3. Explained that it had passed the resident’s request to be moved to an alternative property to the Housing Team and asked that someone contact the resident to discuss further.
   4. Offered a revised goodwill gesture of £425 in recognition of the delays and overall inconvenience.
8. An internal noted dated 2 September 2021 recorded that the landlord had contacted the resident that day and explained that it would not offer a decant, as ‘This would need to come from the surveyor to say [the resident] cannot stay in the property due to the work being carried out.’ A surveyor attended the property in November 2021 and recommended further works.
9. The landlord then issued a further ‘final response’ to the complaint on 18 February 2022, in which it noted that following completion of damp repairs in July 2021, the resident had reported further concerns, and a surveyor attended in November 2022 who found that ‘additional internal damp repairs are required in your home.’
10. An order was raised to carry out the repairs over a period of two days and an appointment was arranged on 24 and 25 January 2022, but the resident needed to reschedule this. A new appointment was offered for 22 and 23 March 2022. The landlord concluded, ‘It is clear from review of our records that following the visits from our contractors and Surveyors, you have experienced delays and disruption in relation to the damp repairs in your home. It is clear that we should have managed this better and I’m sincerely sorry for the impact this has had. I have highlighted my concerns to our Contracts Surveyor, in order to improve the levels of service in the future.’ 
11. It offered an additional goodwill gesture in recognition of the length of time the complaint had been open, delays sending the final response, additional damp repairs required, and overall disruption. The landlord detail compensation totalling £650 (£325 for the distress and inconvenience caused by the poor handling of repairs, and £325 for poor complaint handling).
12. The resident referred the matter to this Service on 20 July 2022. The resident remained dissatisfied with the complaint outcome, due to the impact the damp and mould was having on her health. As a resolution the resident would like the source of the damp and mould to be identified and treated. In addition, she would like to move property.
13. More recently, the landlord has confirmed that works to address damp and mould remain outstanding, and are booked in for 16 and 17 January 2023.

Assessment and findings

Scope of investigation.

14. It is acknowledged that the resident stated that the damp and mould had been an ongoing issue in the property for approximately seven years. However, under paragraph 42(c) of the Housing Ombudsman Scheme, we may 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. In this case the reports of damp and mould were made in August 2020, and the formal complaint was raised six months later, in January 2021. Further, the Ombudsman understands that the matter has been ongoing after the date of the final response in February 2022. Paragraph 42(a) of the Housing Ombudsman Scheme sets out that this Service may not consider complaints that are made prior to having exhausted a member’s complaints procedure. As matters that occurred after the date of the final response have not been considered via the landlord’s complaint procedure, they are not considered here. In light of the above, this investigation focuses on events from August 2020 to February 2022.
15. Finally, the resident has referenced how the damp and mould has impacted her physical health. This Service cannot draw conclusions on the causation of, or liability for, impacts on health and wellbeing, and therefore we cannot issue a binding decision about personal injury claims or damages. The resident may wish to seek further advice from Citizens Advice in relation to this issue. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident.

Policies and procedures.

16. The landlord’s repairs policy states that it is responsible for repairs to the structure and exterior of the property, and that it aims to complete all non-emergency repairs within 28 days.
17. The landlord’s complaints policy states it will provide a stage one response within 10 working days and a stage two response within 20 working days.

Damp and mould

18. When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. These are high level good practice guidance developed from the Ombudsman’s experience of resolving disputes, for use by everyone involved in the complaints process. There are only three principles driving effective dispute resolution:
    1. Be fair – treat people fairly and follow fair processes;
    2. put things right, and;
    3. learn from outcomes.
19. The Ombudsman must first consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will then consider whether the landlord has taken enough action to ‘put things right.’
20. When the landlord was made aware of an issue with damp and mould in August 2020, it was obliged to address this in line with its responsibilities as set out in its repairs policy. There was an initial delay in it attending to inspect, which records show was due to Covid-19 restrictions. An inspection was then carried out in October 2020, which was an appropriate action to assess the situation, but no inspection report has been provided, and there is no other record of the landlord’s view on the extent of the damp and mould in the property. However, given the work order that was raised, it can be concluded that damp was found, and that repairs were required to address this.
21. Despite making numerous attempts to resolve the issue from October 2020 this had still not been done at the time of the landlord’s (second) final response dated February 2022. As detailed in the background section of this report, there were a number of attendances in the first half of 2021, with works carried out incorrectly, or missed. They were completed in July 2021, but the issue recured and further works were identified in November 2021, indicating that the previous repairs had failed to resolve the problem.
22. While the Ombudsman acknowledges that damp and mould can be difficult to remedy, landlords should ensure that their responses to reports of damp and mould are timely and reflect the urgency of the issue. In this case, there was a significant failing on the part of the landlord to make a full repair, which has caused the resident time and trouble in pursuing the matter, the inconvenience of numerous attendances, and the distress that she has described due to living with the damp and mould.
23. The landlord did acknowledge failings and delays in its response to the complaint, which was appropriate and demonstrates that it took responsibility for these. It offered apologies and compensation, demonstrating that it was willing to take action to ‘put things right’ for the resident. In addition, it outlined actions it would take to prevent a recurrence of such failings in the future, showing that it was taking action to ‘learn from outcomes’. The Ombudsman acknowledges the effort made by the landlord to resolve the complaint.
24. However, the £325 offered for the delays in the repair was an insufficient amount to remedy the time, trouble and inconvenience that this would have caused the resident over the period in question. Further, there is no record of an assessment of the extent of the damp and mould in the property despite the resident raising this as a concern from the outset, and no indication that the landlord took into account the resident’s concerns about the impact on her health. There is no contemporaneous record of either the October 2020 or November 2021 surveyor inspections, and no other record of the extent of the damp and mould at the property, other than the resident’s own description.
25. This was a failing on the part of the landlord, which should have ensured that this was assessed, and that a record was made. This is especially the case given the resident’s reports of the impact the situation was having on her health, the delays in the repairs being carried out, and the resident’s request to move home: In situations where residents do not feel their home is habitable, landlords should consider whether the resident ought to move out or what could be done to help them stay in the property. This failing led to additional time and trouble to the resident in having to repeatedly raise her concerns about the impact on her health, and the frustration at a lack of response from the landlord.
26. When the resident did request a move from the property, there is very little evidence that the landlord appropriately assessed this. The September 2021 note suggests that no consideration was given to the extent of the damp and mould, or the health issues that the resident had detailed. Neither is there any indication that the subsequent surveyor inspection in November 2021 was to consider the extent of the damp and mould and the resident’s concerns about the impact this was having, and no record of the findings of the inspection.
27. Overall, there was a significant failing on the part of the landlord to fully assess and resolve the resident’s reports of damp and mould from October 20220, to the date of the final response in February 2022 (and the Ombudsman understands the situation remains unresolved a year later).
28. The Ombudsman’s remedies guidance suggests awards of £100 to £600 where a landlord has acknowledged failings and made some attempt to put things right (as in this case) but failed to address the detriment to the resident and/or the offer was not proportionate to the failings identified by our investigation. Given the length of time the matter was ongoing, an order is made at the higher end of this scale to remedy the detriment to the resident, along with further orders to address all failings identified in this report.

Complaint handling

29. When it received the complaint from the resident, the landlord should have dealt with this in line with the process as set out in its complaints policy. However, it took six months to provide its initial response. It then provided a stage two final response a month later, which was reasonable. However, it is unclear why it went on to provide another stage two final response six months later. This was not in line with its two stage complaint policy.
30. The landlord has acknowledged and apologised to the resident for the inconvenience caused due to its poor complaint handling and the for delays in its responses. In addition, it offered the resident £325 compensation in recognition of the inconvenience caused. This compensation is in-line with the Ombudsman’s remedies guidance, which suggests awards of £100 and over where there have been failings but no permanent impact on the resident. Overall, the landlord took appreciate action to ‘put things right’ for the resident here.

Determination

31. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in way the landlord handled the resident’s reports of damp and mould in the property.
32. In accordance with paragraph 53 of the Housing Ombudsman Scheme,                   the landlord has offered redress to the resident prior to investigation which, in the Ombudsman’s opinion, satisfactorily resolves the handling the associated complaint.

Orders

33. Within six weeks of the date of this report, the landlord must:
    1. Pay the resident £600 in relation to the failings in its handling of the reports of damp and mould (if the £325 previously offered via the complaint process has already been paid, it can be deducted from this).
    2. Carry out a staff training exercise, with reference to the Housing Ombudsman’s Spotlight on Damp & Mould (2021), to ensure that any staff members that deal with damp and mould issues do so appropriately, and in line with the good practice set out in the Spotlight report. This should include the importance of keeping records of any inspections. The landlord should advise the Ombudsman when this has been completed.
    3. Following on from the repairs scheduled in January 2022, carry out a surveyor inspection of the property to determine whether these have been successful. A record should be made of this inspection and its findings, and if it is found that this has fully resolved the damp and mould, the landlord should write to the resident and the Ombudsman to confirm this, and whether or not any follow on remedial works (for example internally) are required and when these will be completed by.
    4. If it is found that the problem has not been resolved, the extent of any damp and mould present should be fully assessed, along with any further repairs required to address this. A report should be made of the findings, to include the dates that any identified repairs will be completed by, plans for a follow up inspection to determine whether these have been successful, and whether a decant is required.

Recommendations

34. If it has not done so already, the landlord should pay the resident the £325 offered in recognition of the inconvenience caused by the failings in the complaint handling.