Sandwell Metropolitan Borough Council (202342067)

Background

1. The resident reported damp and mould to the landlord and said he was concerned about the impact on his health. He asked it to insulate the property. It told him he needed to increase the heating and ventilate the property.

What the complaint is about

2. The landlord’s handling of the resident’s:
   1. Reports of damp and mould.
   2. Complaint.

Our decision (determination)

3. There was no maladministration in its response to the damp and mould.
4. There was no maladministration in its complaint handling.

We have not made orders for the landlord to put things right.

Summary of reasons

5. The landlord checked whether the property needed any repairs, installed a bigger radiator, and new ventilation. It also gave the resident appropriate advice.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

6. Fairly soon after the start of the resident’s tenancy, he reported spots of mould. He told the landlord he would clean this himself. A few months later, the resident reported mould again. The landlord carried out works in line with its damp and mould policy, including fungicidal washes and application of emulsion to the affected areas.
7. In November 2023, the resident asked the landlord to insulate the walls because the property was cold and the heating was expensive. The landlord said it could not use cavity wall insulation because the walls were solid. It organised an urgent inspection to check the heating system worked properly. It also referred him to its welfare team; to check he was receiving all benefits he was entitled to.
8. The landlord carried out an inspection in November 2023 but found it difficult to check some areas due to “obstacles.” It provided the resident with advice about ventilation and condensation, and the resident got rid of some belongings, including a wardrobe.
9. It attended again in December 2023 and observed an isolated area of mould where the wardrobe had been. It concluded the mould was caused by lack of airflow to that wall, which would dry out. It arranged for the area to be washed. It said if the resident used the heating more effectively and better ventilated the property, further damp would be prevented. It gave the resident advice about how to achieve this.
10. A different surveyor attended in January 2024, after the resident queried the first inspections. The landlord confirmed the property was in good condition and had modern heating and appropriate extractor fans. It again advised the resident to increase his use of heating. The landlord agreed to install a larger radiator in the bedroom, which the resident had asked for. It arranged for the loft insulation above the bathroom to be corrected, and for additional vents to be fitted.
11. The landlord’s records show it investigated the damp and mould and took reasonable steps to act on its findings. Its advice to the resident was appropriate, given the observations it had made. This includes the advice to improve airflow through the property. The evidence indicates that removing the wardrobe improved airflow in the affected area. The consistent advice to the resident was to use the heating at a higher temperature, and for longer periods. The landlord did what it could to help with this, when it referred him to its welfare team.
12. The resident specifically questioned whether the windows let out too much heat. The landlord’s records show it had checked these in its inspections, and confirmed a suitable temperature could be reached when the heating was used. This indicates the windows were suitable for the property. The landlord acted on the resident’s concerns and confirmed the property met required performance standards. There was no evidence that the temperature of the property was unsafe for habitation.
13. The resident wanted the landlord to install insulation. The EPC shows the property has an energy efficiency rating of D. It states that installing internal wall insulation would not improve this rating. The landlord is not required to install insulation, as this would be an improvement and is at its discretion. The landlord’s records show it considered potential options but did not identify a reasonable insulation option.
14. The landlord investigated the damp and mould in line with its policy, and it was reasonable that it relied on the expert opinion of its qualified staff. It installed new ventilation, a new radiator, and corrected the loft insulation, which demonstrated its commitment to identify reasonable improvements it could make.

15. The landlord’s complaint policy at the time of the complaint complies with the definition of a complaint in the Housing Ombudsman’s Complaint Handling Code (the Code) April 2022. The timescales in the landlord’s complaint procedure complied with the Code
16. The landlord’s complaint responses were issued within the timescales in its policy and our Code, when taking the Christmas and New Year holidays into account.
17. The landlord recognised it had made an error in its first complaint response, and in its second response it corrected this and apologised.

Learning

Knowledge information management (record keeping)

18. The landlord may have found it helpful to refer to the EPC in support of its own investigations. The landlord kept appropriately detailed records of its inspections.

Communication

19. The landlord demonstrated empathetic communication. It recognised the resident’s concern about heating costs and took steps to help him with this. It sent him a video to help explain how to prevent condensation.