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South Tyneside Council (202301018)

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REPORT

COMPLAINT 202301018

South Tyneside Council

23 August 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:
    1. The landlord’s handling of the resident’s reports of damp and mould.
    2. The landlord’s handling of the resident’s request for a new front door.
    3. The landlord’s handling of the resident’s complaint.

Background

  1. The resident has a secure tenancy which started on 12 May 2015. The property is a 1-bedroom bungalow. The housing records confirm the resident has a number of medical conditions, including neuro scoliosis, raynaud’s disease, menieres disease and diabetes.
  2. The landlord carried out an inspection of the property on 15 November 2022 and evidence of black mould was found on a bedroom wall. A number of repairs were ordered on 16 November 2022. These included arranging for the roof tiles to be inspected, for the loft installation to be pushed into the corners of the loft cavity and for the bedroom wall to be washed down and an anti-mould treatment applied. The gutters were checked and found to be clear on 24 November 2022.
  3. The resident made a complaint on 24 November 2022. She said there was damp and mould in her bedroom and the delay in carrying out the work was unacceptable. She also said the roof tiles and insulation in the loft space were not due to be checked until 17 January 2023. The resident told the landlord on 6 December 2022 that rainwater was entering her home through the front door and had damaged the wallpaper.
  4. The landlord issued its stage 1 complaint response on 8 December 2022 and said:
    1. Repairs to the guttering had been completed to the resident’s satisfaction.
    2. It would check the roof tiles, relay the insulation and apply an anti-mould wash to the bedroom wall earlier than planned. An appointment was made for 13 December 2022.
  5. The roof tiles were checked on 13 December 2022 and found to be in good condition. The loft insulation was also relayed and the bedroom wall washed down and anti mould paint applied on the same day.
  6. The landlord agreed to visit the resident and carryout a further inspection of the property on 20 December 2022, given the resident raised further concerns about mould on a different bedroom wall. The resident was not at home at the time of the visit.
  7. The resident asked for her complaint to be escalated on 21 December 2022. She said the landlord failed to attend the appointment and noted it had not addressed the problem with damp and mould in her property, which she said she had been reporting for years. She noted there was still mould on a bedroom wall even after works were completed on 13 December 2022. She also noted the landlord had failed to address her reports of damp and mould in its stage 1 complaint response.
  8. The landlord issued its final complaint response on 28 February 2023 and said:
    1. It had previously carried out work in the resident’s bedroom following reports of damp and mould in 2019 and 2020. This included bricking up 2 air bricks underneath the bedroom window and repointing brickwork at the side of the property.
    2. A surveyor visited the resident’s home on 15 November 2022 following her reports of damp and mould. The surveyor identified 1 wall was showing signs of condensation which had caused mould. This could be attributed to insufficient insulation in the loft space, the layout of the existing insulation and a lack of airflow around the rooms and furniture.
    3. Jobs were raised on the following day to check the roof tiles and the insulation in the loft space. It also arranged to wash down the bedroom wall and apply an anti-mould treatment. All works were scheduled to be completed on 6 January 2023.
    4. The gutters were checked and found to be clear on 24 November 2022.
    5. The roof tiles were checked on 13 December 2022 and found to be in good condition. The loft insulation was also relayed and the bedroom wall washed down and an anti-mould treatment applied on the same day.
    6. A surveyor visited on 20 December 2022 following the resident’s report of damp and mould on another bedroom wall on 15 December 2022. The appointment was agreed with the resident but no one was home at the time. A no access card was left asking the resident to make contact.
    7. Further jobs were raised on 20 December 2022 to apply anti mould paint to the other bedroom wall, top up the insulation and relay the existing insulation in the loft space.
    8. An inspection of the property was carried out on 3January 2023.
    9. The anti-mould treatment was applied to the other bedroom wall on 9 January 2023 and the insulation in the loft space relayed and topped up on 25 January 2023.
    10. A further job was raised on 15 February 2023 to lay additional loft insulation following a visit to the property. It also identified that the resident had covered over the extractor fan in the bathroom and this would have a detrimental impact upon the extraction of moisture from the property which would cause condensation and mould.
    11. Whilst not part of the resident’s original complaint, it agreed to fit a new front door in March 2023, subject to it being manufactured and delivered on time. It also agreed to decorate the hallway once the door had been fitted. A new complaint had been raised given the resident’s concerns about the delay in doing this.
    12. It would offer £150 compensation to the resident for the delays in service and for any stress and inconvenience caused.
  9.  The resident’s complaint was accepted by this Service on 15 January 2024. She said the loft insulation had still not been correctly laid as the landlord could not gain access to the loft space area above her bedroom. It had agreed to install a loft hatch in her bedroom so it could gain better access, but the work had not been done. She confirmed the issue with the damp and mould had been resolved and a new front door was fitted in June 2023. The resident did, however, note that she had not been reimbursed for the damage caused to her curtains by the damp and said she felt the landlord blamed her for causing the damp. In particular, she noted it made reference to the bathroom extractor fan in its final complaint response and noted it was covered over. The resident said she had never used the extractor fan and the landlord had never told her what it was for.

Assessment and findings

Scope of the investigation

  1. In considering the landlord’s response to the issue of damp and mould, it is noted that the resident has referred to a possible impact upon her health. Whilst these concerns have been referenced in this report, it should be noted that this Service is not in a position to make findings about the possible impact of the issues under investigation on a person’s health, as this would be more appropriate for a court to consider. In this respect, the resident is advised to seek legal advice if she wishes to take her health concerns further.

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

  1. Whilst the resident said she had experienced damp and mould for several years, this investigation has focused on the period leading up to her making a complaint and the landlord issuing its final complaint response.
  2. The landlord has a duty to carry out repairs in accordance with the resident’s tenancy agreement. This says it is responsible for repairing the structure of the building and keeping installations within the property in good working order. The landlord’s damp, mould and condensation policy confirms it is responsible for completing any work required to prevent damp, condensation and mould from occurring.
  3. The landlord also has an obligation to ensure it complies with the Housing, Health and Safety Rating System (HHSRS). The HHSRS does not specify any minimum standards, but it is concerned with avoiding, or minimising potential health hazards. Damp and mould are potential hazards that can fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified. Whilst reasonable timescales are not defined in law, the potential health risks from damp and mould are significant. It is this Service’s view that landlords should take urgent action following reports of damp and mould, in accordance with the Housing Ombudsman’s spotlight review on damp and mould.
  4. It is important to note that accurate record keeping is essential and helps ensure landlords meet their repairing obligations. It also ensures accurate information is provided to residents. As a member of the Housing Ombudsman Scheme, the landlord also has an obligation to provide this Service with sufficient information to enable a thorough investigation to be undertaken. In this case, the records provided by the landlord were limited and its poor record keeping has made it difficult to determine whether its actions were fair and reasonable in the circumstances.
  5. It is unclear from the housing records when the resident reported there was damp and mould in her bedroom. The resident said she did this on 14 November 2022, but no records were provided by the landlord confirming this. Neither is there any evidence the landlord offered the resident immediate advice or triaged her report to assess whether she was vulnerable or had any health issues. Its damp, mould and condensation policy says it will do this. This was a failure on the part of the landlord and evidence of poor record keeping. It also meant the landlord failed to consider its obligations under the Equality Act, 2010.
  6. The housing records confirm the landlord visited the resident’s home on 15 November 2022 in accordance with its damp, mould and condensation policy. Whilst evidence of black mould was found on a bedroom wall during the visit, it is unclear whether the other bedroom walls were inspected or the bathroom extractor fan checked at the same time. This was not in accordance with the landlord’s damp, mould and condensation policy. This says it will undertake effective investigations and implement all reasonable remedial repair solutions to eradicate damp, manage mould and control condensation. The landlord’s failure to do this caused confusion, led to subsequent delays and caused the resident inconvenience.
  7. There is no evidence the resident was offered advice on eradicating mould and controlling condensation during the inspection. This was not in accordance with the landlord’s damp, mould and condensation policy. This says it will ensure residents have access to and are provided with comprehensive advice and guidance.
  8.  A number of repairs were ordered on 16 November 2022 in accordance with the landlord’s damp, mould and condensation policy. These included arranging for the roof tiles to be inspected, for the loft insulation to be pushed into the corners of the loft cavity and for the bedroom wall to be washed down and an anti-mould treatment applied. It is unclear from the housing records provided to this Service when the repairs were due to be completed or whether consideration was given to prioritising the work given the resident’s medical conditions. This is further evidence of poor record keeping and the landlord failing to consider its obligations under the Equality Act, 2010. The resident said the work was scheduled to take place on 17 January 2023.
  9. Although the landlord said the gutters were checked on 24 November 2022, the repair records provided to this Service do not confirm if this was the case.
  10. It was reasonable for the landlord to agree in its stage 1 complaint response on 8 December 2022 to complete the work earlier than planned given the resident’s concerns. This demonstrated it was sensitive to her circumstances and wanted to put things right for her.
  11. The roof tiles were checked on 13 December 2022 and found to be in good condition. The insulation was also relayed and a bedroom wall painted with an anti-mould treatment on the same day.
  12. It was reasonable for the landlord to confirm on 15 December 2022 that the work had been completed but it would arrange for a surveyor to visit on 20 December 2022 given the resident raised concerns about damp and mould on a different bedroom wall. The housing records confirm the appointment was agreed with the resident.
  13. Whilst the landlord said it visited the resident’s home on 20 December 2022 and was not able to gain access, it has not provided this Service with any evidence confirming this to be the case. The resident said the appointment was booked for 21 December 2022.
  14. The landlord said it arranged for the bedroom wall to be washed down and an anti–mould treatment applied on 20 December 2022, but the repair records provided to this Service do not confirm if this was the case. It also said it arranged for the insulation to be relayed and topped up, but again the records do not confirm if this was the case.
  15. There is no evidence the landlord responded to the resident’s email of 2 January 2023 in which she noted nobody had turned up for the appointment on 21 December 2022 as agreed with her. She also said the work carried out on 13 December 2022 was not checked and there was mould on a bedroom wall. The landlord’s failure to respond meant it failed to manage the resident’s expectations
  16. The housing records confirm the landlord visited the resident’s home on 3 January 2023 and arranged for the wallpaper to be stripped off and an anti-mould treatment applied to the bedroom wall. It is, however, unclear whether the bathroom extractor fan was checked. This was a failure and meant the landlord did not carry out an effective investigation into the cause of the damp and mould. The work to the bedroom wall was completed on 9 January 2023.
  17. The landlord told the resident on 6 January 2023 that it had provisionally booked an appointment for 25 January 2023 to relay and top up the installation in the loft space. Whilst the work was done on this date, it is unclear from the housing records why it was not completed on 13 December 2022. This was a failure and caused the resident inconvenience.
  18. The housing records confirm the resident asked the landlord on 9 February 2023 to reimburse her the damaged caused to her curtains and blinds by the damp and mould. There is no evidence the landlord responded to this request. This was a failure on the part the landlord.
  19. The housing records confirm the landlord visited the resident again on 15 February 2022 and identified the previous work to top up the loft installation was of a poor standard and needed to be done again. It said a further job was raised on the same day to lay additional insulation in the loft space, although no records have been provided to this Service confirming this. This was a further failure.
  20. It was noted during the inspection that the extractor fan had been covered over by the resident, the bedroom was cluttered and she was drying clothes in the bathroom. It said this could cause condensation and further mould, although there is no evidence it shared this information with her at this point. This was not in accordance with the landlord’s damp, mould and condensation policy.  This says it will inform the resident of the findings of `its investigations following a property visit.
  21. The landlord confirmed in its final complaint response on 28 February 2023 that mould was only identified on 1 wall during the visit on 15 November 2023 and this was due to condensation. It said it arranged for a number of checks to be carried out following the inspection which included assessing the insulation in the loft space and completing an anti-mould wash. It also said it carried out another inspection after the resident reported further mould and it should have applied an anti-mould treatment to both bedroom walls during the visit on 13 December 2022. This demonstrated it learnt from the complaint.
  22. It was appropriate for the landlord to note the resident had blocked up the extractor fan in the bathroom and this could cause condensation and black mould spots. It was reasonable for the landlord to confirm the benefits and cost of using the extractor fan. The landlord apologised for the failure to identify that additional insulation was required and it had to carry out 2 further visits to the resident’s home to resolve the matter. It offered the resident advice on controlling condensation and signposted her to support agencies that may be able to help with financial support with energy bills. It also offered her £150 compensation in recognition of the delays to service and for any stress and inconvenience that was caused
  23. In summary, the landlord failed to resolve the issue with the insulation in a timely manner or check all of the bedroom walls when it visited on 15 November 2022. This created confusion, led to delays in carrying out the required work and caused the resident inconvenience. It did, however, agree to bring the works forward given the resident’s circumstances and acknowledged the mistakes it made in its final complaint response. Its offer of compensation was reasonable in the circumstances. In this case, there was reasonable redress by the landlord in its handling of the resident’s reports of damp and mould.

The landlord’s handling of the resident’s request for a new front door.

  1. The housing records confirm the resident told the landlord on 6 December 2022 that rainwater was entering her home through the front door and had damaged the wallpaper. The landlord was placed on notice at this point and was responsible for completing the necessary work in accordance with the resident’s tenancy agreement.
  2. An appointment was made to inspect the front door on 3 January 2023. This was not in accordance with the timescales set out in the landlord’s repairs and maintenance policy which says it will arrange for inspections to be carried out within 15 days from when a repair is requested
  3. The housing records confirm the landlord attended on 3 January 2023 and identified the door frame was twisted and a new door was required. It arranged for the door to be adjusted temporarily and for the weep holes to be cleared, whilst a new door was ordered. This was resolution focused and ensured the resident had a functioning front door.
  4. There is no evidence the landlord responded to the resident’s e-mail of 5 January 2023 in which she noted an appointment had been arranged for 12 January 2023 without agreeing it with her. This was not in accordance with the landlord’s repairs and maintenance policy which says it will arrange appointments at a time that is suitable for the resident. The resident told the landlord she was unavailable given she had prearranged commitments. A new appointment was arranged for 25 January 2023. The resident confirmed the temporary repairs to the front door were completed on this date. The landlord arranged for the new front door to be measured up on 20 January 2023.
  5. The resident told the landlord on 9 February 2023 that the hallway adjacent to the front door still needed to be painted. She asked the landlord on 14 February 2023 and 19 February 2023 to confirm when the new front door would be fitted. It was reasonable for the landlord to confirm on 23 February 2023 that the new door was being manufactured and the timescales were outside its control. It said it would contact the resident once it had received confirmation from the manufacturer that the door was ready to be fitted.
  6. The landlord confirmed again in its final complaint response on 28 February 2023 that the new door was being manufactured and it would contact the resident once it knew when the door was ready to be fitted; which was likely to be in early March 2023. It also said it would arrange for the wall adjacent to the front door to be decorated once the new door was installed.
  7. In summary, there was a slight delay in arranging for the front door to be inspected and its communication with the resident was poor at times. It did, however, arrange for the door to be inspected and carried out temporary repairs whilst a new door was manufactured. The delay in fitting the new front door was due to the fact that it had to be manufactured. This was explained to the resident at the time. In this case there was no maladministration by the landlord in its handling of the resident’s request for a new front door.

The landlord’s handling of the resident’s complaint.

  1. The housing records confirm the resident made a complaint on 24 November 2022. She said the delays in resolving the issues with damp and mould in her property were unreasonable.
  2. There is no evidence the complaint was acknowledged by the landlord. This was not in accordance with its complaints policy which says it will do this within 5 working days.
  3. The landlord said it discussed the complaint with the resident on 6 December 2022 but did not provide this Service with any evidence confirming this to be the case. This was a service failure and indicates poor record keeping on the part of the landlord. It issued its stage 1 complaint response on 8 December 2022 in accordance with the timescale set out in its complaints policy. This included addressing the resident’s concern about damp and mould.
  4. The resident asked for her complaint to be escalated on 4 January 2023. The complaint was acknowledged on the same day and the landlord said it would provide a response by 18 January 2023. It was appropriate for the landlord to offer to speak to the resident about her complaint and was in accordance with its complaints policy. This ensured it understood the resident’s complaint and the outcomes she was seeking. There is no evidence the landlord agreed a new deadline for responding to the complaint with the resident. The landlord’s complaints policy says it will do this.
  5. The housing records confirm the landlord met the resident on 19 January 2023 to discuss her complaint in more detail. It was reasonable for the landlord to agree to escalate further issues she raised even though they had previously not been considered as part of the stage 1 complaint response. This demonstrated the landlord wanted to put things right for the resident. There is, however, no evidence it agreed a new deadline for responding to the complaint with the resident.
  6. The landlord contacted the resident on 26 January 2023 and said there would be a delay in responding to her complaint. This was because it had only recently met with her and it needed more time to complete its investigation. It said it would respond by 10 February 2023. The resident agreed to this.
  7. The landlord told the resident on 23 February 2023 there would be a delay in issuing its final complaint response. This was because further discussions needed to take place regarding the level of compensation that would be offered. The resident agreed to this. It told the resident it would respond by 27 February 2023.
  8. The landlord issued its final complaint response on 28 February 2023. Whilst this was some 6 weeks after the original deadline date, it is evident the extensions in time were agreed with the resident. It was reasonable for the landlord to apologise for the inconvenience caused in relaying the insulation to provide a detailed chronology all the steps it took to solve the issue of damp and mould.
  9. In summary, there were delays in issuing the final complaint response, but these were agreed with the resident. The landlord also apologised for any inconvenience caused in laying the roof insulation and offered compensation. In this case there was no maladministration by the landlord in its handling of the resident’s complaint.

Determination

  1. In accordance with paragraph 53 of the Housing Ombudsman scheme, there was reasonable redress by the landlord its handling are the resident’s reports of damp and mould.
  2. In accordance with paragraph 52 of the Housing Ombudsman scheme, there was no maladministration by the landlord in its handling of the resident’s request for a new front door.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the residents complaint.

Recommendations

  1. The landlord contacts the resident to discuss her request to be reimbursed for the damage caused to her curtains and blinds by the damp and mould.
  2. The landlord undertakes a self-assessment against this Service’s spotlight review on knowledge and information management.