Sanctuary Housing Association (202347040)
REPORT
COMPLAINT 202347040
Sanctuary Housing Association
23 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:
- Damp and mould at the resident’s property.
- The associated complaint.
Background
- The resident is an assured tenant of the landlord. The resident has asthma and a severe respiratory condition which the landlord is aware of.
- On 15 August 2023, the resident contacted the landlord and reported that there was damp and mould inside her built-in wardrobe in her bedroom. Following the report, the landlord’s surveyor and contractor visited the resident’s property on 23 and 24 August 2023 to carry out an inspection.
- On 18 September 2023, the resident submitted a complaint to the landlord. She explained the landlord had failed to carry out works to resolve the damp and mould in her built-in wardrobe and in other areas of the bedroom. The resident stated the damp, and mould had damaged her clothing and other items. She also explained that she had asthma and a severe respiratory disease and had recently been experiencing an ongoing lung infection.
- The landlord contacted the resident on 29 September 2023 to provide an update on its stage 1 complaint response. It explained it had been working on her complaint, but it was not yet in a position to provide its stage 1 complaint response. The landlord stated it was waiting for further information about the required repairs and confirmed once it had received the information, it would provide its response. The landlord did not issue a stage 1 complaint response to the resident.
- The resident emailed the landlord on 1 October 2023 in response to the stage 1 complaint update and asked for immediate transfer to another property because of the the damp and mould issues still being outstanding. She also explained that the damp was being caused by the inadequate heating system and stated that the radiators hardly got warm despite the thermostat being turned up to the maximum. In addition, the resident also emailed the landlord on 10 November 2023 regarding the same issues.
- On 20 November 2023, the landlord emailed the resident and explained that her complaint was being dealt with under stage 2 of the landlord’s complaints procedure. It stated it would provide the resident with a stage 2 response no later than 13 December 2023.
- The landlord provided its stage 2 complaint response to the resident on 26 March 2024. It apologised for the delay in responding to her complaint. The landlord confirmed the recommended works to resolve the damp and mould within her property. The works included overhauling existing windows, removing a section of plaster from the external wall of the built-in wardrobe to determine damp issues, removing, and renewing the skirting within the wardrobe and redecorating the wardrobe. It explained that it arranged an appointment for the works. However, the resident raised concerns about remaining in the property whilst the works were carried out. It also confirmed that it had asked its housing team to discuss options with her about her request for a permanent move. The landlord confirmed it was upholding the resident’s complaint and confirmed that it had included a gesture of goodwill for her damaged belongings as it could not get in contact with her to obtain further information about the damaged items. The landlord offered the resident compensation totalling £1661, which included:
- Time, trouble, and inconvenience – £400
- Complaint handling – £250
- Loss of enjoyment of the bedroom (up to 26 May 2024) – £711
- Damaged items – £300.
- On 5 April 2024, the resident emailed the landlord with further information about the items which were damaged including the estimated cost. In response to this the landlord provided a further complaint response on 26 April 2024 considering the new information the resident provided. The landlord revised offer of compensation totalled £3173.32 and included:
- Time, trouble, and inconvenience – £400
- Complaint handling- £300
- Loss of enjoyment of the bedroom (up to 26 May 2024)- £711
- Damaged items- £1762.32
The landlord also explained that its senior surveyor completed an assessment to determine whether a decant (temporary move) was required. The surveyor confirmed that a decant was not necessary, and the completion of the works could be done over 2 to 3 days working on one room at a time.
- The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was to receive compensation for the damage and loss of belongings and also for loss of enjoyment to all areas of her home caused by the damp and mould issues.
Assessment and findings
Damp and mould at the resident’s property.
Scope of investigation
- The resident has mentioned as part of the complaint that she had asthma and a severe respiratory condition. Therefore, the damp and mould at the property may have impacted her health. The Ombudsman does not doubt the resident’s comments about her health. We understand this has been a difficult time for the resident. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on her health. It would be more appropriately suited for a court or liability insurer to investigate it as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant health risk, particularly to those with respiratory problems such as asthma. This service can consider the general risk, and any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her health.
Policies and Procedures
- The landlord’s repairs procedure includes information on the landlord’s repairs timescales. It states that the landlord will respond to an emergency repair within 24 hours, and a non-emergency repair within 45 days. The landlord’s repairs procedure or policy does not reference any information about damp and mould repairs. However, the landlord would be responsible for completing works to resolve the damp and mould within the property, as the resident has an assured tenancy.
- The landlord did not have a damp and mould policy in place at the time of the resident’s complaint. However, it confirmed in its file submission sent to the Ombudsman that it created a damp and mould policy in May 2024.
Assessment
- On 15 August 2023, the resident contacted the landlord about damp and mould issues in her bedroom and within her built-in wardrobe. Following the resident’s report, the landlord’ surveyor visited the resident’s property on 23 August 2023 to carry out an inspection. The surveyor requested a work order to be raised for the landlord’s contractor to investigate the source of a possible leak. The landlord’s contractor attended on 24 August 2023 and advised the resident they would confirm the required works with her. The landlord responded promptly to the resident’s initial report about the damp and mould.
- Following the attendance of the landlord’s contractor in August 2023, there were delays in further action being taken. Due to this, the resident submitted a complaint to the landlord on 18 September 2023 and explained that the landlord had failed to carry out works to resolve the damp and mould. She also stated that her health was at risk because of her asthma and severe respiratory condition. In addition, she explained that the damp and mould had damaged her clothes and other items. The delay after the landlord’s initial inspection was unreasonable.
- On 4 October 2023, the landlord’s scheme manager attended the resident’s property and took photographs of the damp and mould. The scheme manager confirmed that the wallpaper in the resident’s bedroom was lifting and there was evidence of damp within the wardrobe and around the windows. After the visit, the landlord’s scheme manager raised a work order for its specialist contractor to attend the resident’s property. The landlord acted appropriately by raising a work order for its specialist contractor. However, the Ombudsman would have expected the landlord to ensure that the appointment with the contractor was booked promptly.
- There was a further delay in the landlord completing a further inspection until November 2023. On 6 November 2023, a damp specialist surveyor attended the resident’s property and carried out an inspection. The resident contacted the landlord on 10 November 2023 and explained that she could not use her bedroom since the end of September 2023 because of the damp and mould. Also, during November 2023, the landlord’s contractor completed an inspection of the bath to check if a leak was coming from there. The contractor confirmed that there was no leak identified from the bath. Shortly after, on 24 November 2023, the damp specialist surveyor issued its report and recommendation to the landlord. Although there was a delay by the landlord it took the relevant steps to investigate the damp and mould and identify the necessary works, which was reasonable.
- The surveyor’s report recommended cleaning and maintenance of the gutters, and the skirtings within the cupboard, to be replaced and painted with a waterproof coating. In addition, if possible, ground level to be reduced and some form of background heating to be installed in the cupboard.
- After the damp specialist report was issued with the recommendations, there was a considerable delay in the landlord confirming the works it would carry out. The landlord’s internal records from 14 February 2024 confirm that it had planned to complete the following works: overhaul existing windows, remove a section of plaster to the external wall of the built-in wardrobe to determine damp issues, remove and renew the skirtings within the wardrobe and redecorate the wardrobe. Also, to reduce the level of lawn at the external rear of the property. The delay in confirming the works was unreasonable and resulted in the resident living with the damp and mould in the property for a considerable amount of time and also sleeping in her living room for several months.
- The landlord confirmed it arranged an appointment for 26 March 2024 for works to resolve the damp and mould to be carried out. However, the resident raised concerns about the works taking place whilst she was in the property. The Ombudsman recognises that this part of the delay would have been outside the landlord’s control as it needed to assess whether the resident was eligible for a decant (temporary move) whilst the works were carried out.
- On 26 March 2024, the landlord provided its stage 2 complaint response. It explained due to the resident’s concerns about the completion of the works whilst she remained in the property, it had requested if a decant would be possible and confirmed it would update her in relation to this. The landlord also acknowledged that there were delays in completing the necessary works to resolve the damp and mould at her property and confirmed it was upholding her complaint. The landlord offered the resident compensation of £1411 for its errors in handling the damp and mould at the resident’s property. This included £400 distress and inconvenience, £711 for loss of enjoyment of the bedroom up to 26 May 2024 and £300 for the resident’s damaged items. The landlord estimated the value of the resident’s damaged items as it could not get in contact with her to obtain further information about the items. The offer made at the time was reasonable considering the landlord did not have further information on the damaged items and its plan was to complete the works to resolve the damp and mould by 26 May 2024.
- Shortly after the landlord issued its stage 2 complaint response, the resident emailed the landlord on 5 April 2024 with further details about her damaged items, including the estimated value of the items. The landlord reconsidered the new information provided by the resident and issued a further complaint response. In the further complaint response, the landlord revised the offer for its handling of the damp and mould to £2873.32. This included £400 distress and inconvenience, £711 for loss of enjoyment of the bedroom up to 26 May 2024 and £1762.32 for the resident’s damaged items. The landlord acted appropriately by revising its offer for the resident’s damaged items based on the new information the resident provided. The Ombudsman has reviewed a breakdown of the compensation the landlord offered for the resident’s damaged items and the compensation amount offered is reasonable based on the information provided and considering the resident did not have receipts for the majority of the items so it would be difficult to confirm their exact value.
- In addition, in the further complaint response, the landlord explained that its senior surveyor completed an assessment to determine whether a decant was required. The surveyor confirmed that a decant was not necessary, and the completion of the works could be done over 2 to 3 days working on one room at a time. The Ombudsman recognises the resident would have preferred to be decanted whilst the works were being completed and we are not questioning her reasons for requesting this. However, a landlord is entitled to rely on the qualified and professional opinion of its surveyor. Therefore, the landlord acted reasonably in explaining that a decant was required. The Ombudsman is also aware that the resident requested a permanent move to an alternative property. The landlord responded reasonably to this request by explaining that its housing team would discuss options with her. A landlord would not be expected to move a resident to an alternative property solely due to repair issues in their current property which can be resolved.
- The landlord’s contractor attended the resident’s property on 16 and 17 May 2024 for completion of the agreed works apart from the decoration works. Following the attendance of the landlord’s contractor, the resident emailed the landlord and explained that there were still works outstanding in her bedroom. She stated the wooden dividing panel in the cupboard was rotten and had not been repaired, and no works had been carried out to the main bedroom wall adjacent to the built-in cupboard. However, the resident confirmed that these repairs were not on its scheduled works list. The resident also raised that there was little to no insulation in the cavity walls and that the radiators were not heating up sufficiently.
- The landlord has confirmed that the remaining of the agreed works referenced in its stage 2 complaint response were completed on 12 July 2024. It has also provided a copy of the contractor’s invoice for the agreed works. The landlord also confirmed in its file submission to the Ombudsman that it would also complete planned maintenance, and reinvestment works to the resident’s property and neighbouring properties before the end of 2024. It confirmed the works included replacement windows, external wall insulation and decoration, roof replacement, and an internal ventilation upgrade.
- The resident informed the Ombudsman on 14 October 2024 that she believed there were still works outstanding, because some of the planned maintenance and reinvestment works were not complete. In addition, she stated her radiators had been replaced but were not working. The Ombudsman can only consider the damp and mould, and repairs agreed through the landlord’s complaints process as part of our current investigation. The additional planned maintenance and reinvestment works were agreed outside the landlord’s complaints process and these works are being carried out at the resident’s property and other neighbouring properties to renew and improve the properties. However, it is recommended that the landlord keeps the resident updated on the planned maintenance and reinvestment works. If the resident is unhappy with the landlord’s handling of the planned maintenance and reinvestment works, she may be able to make a separate complaint about this through the landlord’s complaints process.
- As mentioned previously, the landlord confirmed to the Ombudsman that all the works recommended by the surveyor and referenced in its stage 2 complaint response were completed on 12 July 2024. However, the landlord only offered compensation for loss of the enjoyment of the bedroom up to 26 May 2024. Considering it took longer than planned for the landlord to complete all the required works to the bedroom, it would be appropriate for the landlord to pay the resident further compensation for loss of enjoyment of the bedroom for the additional period. Therefore, there has been a service failure in the landlord’s handling of damp and mould at the resident’s property.
- The landlord’s compensation policy explains that the maximum percentage of rent it would give for the loss of use of a bedroom would be 20%. The landlord has confirmed with the Ombudsman that the compensation it previously offered for loss of enjoyment was calculated from 15 August 2023. In addition, it was based on 20% of the resident’s rent, which was in line with its compensation policy.
- As all the recommended repairs were not completed until 12 July 2024, the landlord should also provide compensation of 20% of the resident’s rent until this date. The resident paid £118.29 weekly rent at this time. The Ombudsman calculates the refund to be awarded to the resident as follows:
- 20% percent of £118.29 is approximately £23.66.
- £23.66 multiplied by 7 weeks is £165.62 (rounded up to £166 for ease).
Therefore, the landlord is ordered to pay the resident £166. The compensation is in line with the landlord’s compensation policy and the Ombudsman’s remedies guidance available to view on our website.
The associated complaint.
- The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy includes the same timescales as referenced in the Code.
- The Code also states that a landlord must address all points raised in the complaint and provide clear reasons for any decisions.
- The landlord failed to provide the resident with a stage 1 complaint response. The resident initially submitted her complaint to the landlord on 18 September 2023. On 29 September 2023, the landlord contacted the resident and explained that her stage 1 complaint response was delayed as it was waiting for further information about the works to resolve the damp and mould. However, following this, a stage 1 complaint response was not issued. This was a significant error by the landlord and not compliant with the Code or the landlord’s complaints policy.
- On 1 October 2023, the resident responded to the landlord’s stage 1 update and raised additional complaint issues and asked for immediate transfer to another property due to the damp and mould issues still being outstanding. She also explained that the damp was being caused by the inadequate heating system and stated that the radiators hardly got warm despite the thermostat being turned up to the maximum. She sent a further email to the landlord on 10 November 2023 referencing these same issues.
- The landlord emailed the resident on 20 November 2023 and explained that her complaint was now being dealt with under stage 2 of its complaints procedure. It stated that it would provide the resident with a stage 2 response no later than 13 December 2023. There was a significant delay in the landlord providing its stage 2 complaint response to the resident, it did not provide a response until 26 March 2024. The delay was unreasonable and would have delayed the resident from bringing her complaint to the Ombudsman, causing her inconvenience.
- In addition, the landlord also failed to address the resident’s complaint point about the inadequate heating system and her radiators not getting warm. However, it addressed her complaint about her request for a permanent move. The Ombudsman would have expected the landlord to respond to the resident’s concerns raised about the heating and radiators. As the landlord failed to address this part of the complaint, the Ombudsman does not have enough information to consider this part of the complaint. Therefore, it would be appropriate for the landlord to investigate the resident’s complaint about the inadequate heating system and radiators through its complaints process. If the resident remains dissatisfied once she has received the landlord’s final response, she may be able to refer the matter to the Ombudsman as a separate complaint at that stage.
- The landlord acknowledged in its stage 2 complaint response that it failed to provide a stage 1 complaint response and there were delays in providing its stage 2 complaint response. The landlord offered £250 compensation for its complaint handling errors. Then, in its further complaint response issued on 26 April 2024, it increased the compensation offer to £300. The compensation offered by the landlord is sufficient to recognise all the landlord’s complaint handling errors. This amount is in line with the Ombudsman’s remedies guidance as referenced above. However, the landlord failed to address one of the resident’s complaint points and it needs to address it now in a separate complaint response. Therefore, there has been a service failure by the landlord in its handling of the associated complaint.
Determination (decision)
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of damp and mould at the resident’s property.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of the associated complaint.
Orders
- The landlord is ordered to provide a stage 1 response to the resident’s complaint about the inadequate heating system and radiators at her property.
- The landlord must comply with the above order within 2 weeks of the date of this report and provide evidence to the Ombudsman that it has complied.
- The landlord is ordered to pay the resident £166 based on rent, as set out in the calculation above in this report. This amount is in addition to the £3173.32 compensation the landlord offered during its complaints process.
- The landlord must comply with the above order within 4 weeks of the date of this report and provide evidence to the Ombudsman that it has complied.
Recommendations
- It is recommended that the landlord keeps the resident updated in relation to the planned maintenance and reinvestment works that it plans to complete before the end of this year.