Sovereign Network Group (202442392)

REPORT

COMPLAINT 202442392

Sovereign Network Group

29 July 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.

Complaint Definition

1. The complaint is about the landlord’s response to the residents reports of a leaking roof and the damage caused to personal items and the resulting damp and mould.
2. We have also considered the landlord’s complaint handling.

Background

3. The resident has occupied the property, a 3 bedroom house, with her 3 children since April 2013, one of which has special needs. The resident has a fixed term assured tenancy and the landlord is a housing association.
4. The resident has said there has been damp and mould since 2019 and the issue with the roof started in 2022. She said she has been told it is a problem with the way the property was built. She says her children developed breathing issues living in the property.
5. On 8 December 2022 the resident reported that there was water coming through the ceiling into her bedroom. She also reported areas of damp and mould in the back bedroom and bathroom. Someone attended the next day but further repairs were needed.
6. A complaint was made on 13 December 2022 about how the landlord had handled the issue with the leaking roof and the resident’s claim for damages, as well as the ongoing damp and mould. It issued a stage 1 response on 23 May 2023 and said it had completed the following:
   1. A full roof replacement.
   2. New loft insulation and cavity wall insulation had been extracted and replaced.
   3. A full bathroom replacement.
   4. A plasterer had filled various cracks within the property.
   5. It had issued £120 decorating vouchers.
   6. It had arranged for an electrician to install a bathroom fan.
   7. A public liability claim form had been issued, to be filled out and sent back so she could claim for damages.
7. Further work was carried out but on 30 April 2024 the resident escalated her complaint as she was unhappy there were outstanding repairs.
8. On 3 December 2024 an inspection was carried out which identified a number of issues with the property. The landlord’s stage 2 response was sent on 23 December 2024. It accepted the resident was unhappy because she was still battling damp and mould within the property. In addition, the roof was leaking and the repairs were incomplete. It upheld all aspects of the complaint and explained it would address the issues. It also offered the resident £500 compensation which included “compensation for all, and any inconvenience experienced, as well as any future inconvenience related to completing the outstanding works”.
9. The resident did not accept the compensation offered as she felt it was insufficient due to the repairs having gone on for a long time. She has explained there is still work outstanding. She also said the landlord recently completed some pointing however when it rained she noticed the bathroom ceiling was wet, so she said there is still an issue with the roof. She said there is also some damp in the bathroom and some mould near the windowsills and although a fan was fitted in the bathroom, one has not been fitted in the kitchen.

Assessment and findings

Scope of investigation

10. The resident has explained she feels the issues she has experienced have affected her family’s health. While this is noted, it is important to explain that we are an alternative to a court and are unable to establish whether a landlord’s actions or lack of action, had a detrimental impact on a resident’s health. These matters are better considered by a court or via a personal injury claim.
11. In terms of how long the resident says there has been damp and mould, in the interests of us investigating issues that are still ‘live’, it is our practice to limit the scope of our investigations to a reasonable period prior to the formal complaint being made. In this case, the resident has referred to issues she had since 2019, but it is apparent that matters escalated in 2023 when the complaint to the landlord was made following the leak in December 2022. While earlier reports of issues have provided important context to the current complaint, this investigation is, therefore, focused on events from December 2022 onwards.

The landlord’s response to the residents reports of a leaking roof and the damage caused to personal items and the resulting damp and mould.

12. The landlord attended the leak from the ceiling on 9 December 2022, which was within 24 hours of the report being made. Therefore, it rightly treated it as an emergency and complied with the timescales set out in its repairs and maintenance policy. At the same time as the leak was reported, the landlord created a job to assess the damp and mould at the property, which shows it took the report seriously. Following the visit, it was noted there was mould over the window in the back bedroom and in the corner of the bathroom. An appointment to treat it was made for 21 December 2022.
13. In the meantime, the resident had to escalate matters on 13 December 2022 as she said she still had holes in the roof letting water in, and the electrics had to be made safe. This was done, but on 15 December 2022, she again reported the roof was leaking on to her bed, which shows a repair was still needed.
14. The resident has explained that she and one of her children had to sleep downstairs in the lounge from 15 December 2022 until 26 April 2023 as her bedroom was unusable. We have seen from evidence provided by the landlord that it was made aware of this at the time. The landlord went on to attend 3 more times in December 2022, and its notes state it confirmed it was not a plumbing issue. It also acknowledged there was mould within the property, in particular on the kitchen window and in the bathroom.
15. Around January 2023 the roof was replaced and cracks in the plaster were repaired. Therefore, the landlord clearly took prompt action to try and remedy the leak. However, while she was waiting for that work to be done, the resident reported on 23 January 2023 that more and more mould was appearing. There is no evidence the landlord responded to these reports. There were also issues with the guttering and pointing which the resident flagged to the landlord in May 2023. In response, a tile vent was fitted in November 2023 and an internal email dated 31 October 2023 referred to replacing the rear guttering in November 2023 too. This indicates it took 6 months for that repair to be done which is unacceptable.
16. Despite this work being done, the resident reported the loft was leaking again, on 21 January 2024 and she was still having issues with damp and mould. She explained she was doing mould washes but sent in photographs of how it was building up. The landlord confirmed it would arrange a mould wash and raise an inspection for a maintenance surveyor to ensure there were no further issues. An appointment was made for 22 February 2024, which had to be moved to 30 March 2024 due to the resident’s availability. A copy of the inspection report has not been provided, but it is noted the landlord did raise an issue with the roofing company over the quality of its work and the insulation fitted. It also noted the following work was needed:
    1. Loft insulation needed addressing.
    2. Stains on the ceiling due to the rain/leak.
    3. Fans were needed in the bathroom and kitchen.
    4. The front and back doors needed work to stop draughts.
    5. The wall under the window by the front door needed mould inhibiting paint.
17. On 26 September 2024 the landlord confirmed the insulation in the roof had been topped up, but the resident explained there were still several outstanding issues. Both doors were draughty, there were marks on the ceiling and cracks on walls that needed addressing. This led to another inspection being done on 3 December 2024 which found:
    1. The new roof was leaking.
    2. There was damp either side of the patio door.
    3. Pointing was missing and an air brick was filled with silicon.
    4. There was cracked plaster on the wall in the kitchen.
    5. No extractor fans in the kitchen or bathroom.
    6. Water marks on the back of the ceiling.
    7. The hallway needed batoning and insulating.
    8. Plastering and loft insulation needed to be brought up to regulations.
    9. There was damp and mould in the hall, bathroom and all bedrooms above the windows.
    10. There was possibly no insulation.
    11. Severe condensation in the loft.
    12. The roof needed repair and venting for air flow as roof timbers were saturated.
18. It is therefore clear that despite the landlord’s attempts to fix the roof and stop the damp and mould, it had been unsuccessful. When the landlord addressed the complaint at stage 2 on 23 December 2024, it upheld all the issues raised, and it acknowledged there were a number of outstanding repairs. In March 2025 it unblocked an airbrick, scaped out pointing and injected damp proof course cream in to the walls by the patio doors. It also fitted a fan in the bathroom on 28 April 2025. However, that does not account for all work that was identified as being needed, following the last inspection.
19. It has now been about 2.5 years since the resident first reported the leak as well as damp and mould. The resident had to call the landlord out more than once initially to make the electrics safe and despite the roof being replaced, it is not disputed that the new roof was still leaking in December 2024. There are also other works outstanding following the leak and damp and the resident has said she is still experiencing damp and mould in the bathroom and by the windowsills. Since identifying in September 2024 that the new roof was still leaking, no evidence has been provided to show further repairs have been carried out. The resident has said she is concerned about that. Therefore, due to the time that has passed, the landlord has been ordered to carry out an up to date inspection of the property and produce a scope of works with the resident, setting out all outstanding jobs and how it will address the damp and mould. However, as it is currently Summer, it should also remember to inspect the property again in the Winter, to see if the situation has changed.
20. In terms of the resident claiming for damages, she was provided with an insurance claim form, in order to claim for any damaged or ruined items as a result of the leak and damp and mould. It is not clear when she submitted it, but she did chase the landlord about it on 9 May 2023. The following day it said it had not been informed it had been received, but it would get straight back to her. No evidence has been provided to show the landlord did get back to the resident on this point. The fact she chased the landlord again on this point, on 22 January 2024, suggests she had heard nothing about her claim.
21. The landlord did then explain it had no record of a claim being received. Although the resident was invited at that point to send in a claim along with photographs she may have, it took no action for 8 months, and the resident was left having to chase, which is likely to have added to her frustration with the time things were taking.
22. It is not possible to know whether the landlord ever received the claim form or whether it would have been accepted. However, it did log a claim on 3 March 2024 on behalf of the resident. This was sent to the insurer who requested more information. The insurer said it wrote to the resident on 14 May 2024 asking for full details & evidence, but nothing was received back. Therefore, the claim was closed down in October 2024.
23. When we spoke with the resident, she confirmed that although she had to replace or dispose of certain items, she had not collated receipts and submitted the information to the landlord’s insurer. In order to be able to assess any out of pocket expenses the resident incurred as a result of what has happened, she would need to provide supporting evidence. The lack of evidence means it is not something we can consider here, but it may still be open to the resident to submit a claim to the landlord’s insurer should she wish to, providing the information it needs.
24. The ongoing leak in the roof and damp and mould, an 8 month delay in advising the resident it had not received her claim and failing to complete some of the works identified as being needed promptly, amounts to maladministration. The resident has been inconvenienced a lot having to regularly report issues and have numerous attempts to try and remedy the problem. She said that she had 19 weeks sleeping in the lounge with a child due to a loss of facilities and still has issues. The landlord’s repairs and maintenance policy says it can compensate residents where this is the case and the redress in this case should still be substantial to reflect the long-term effect this issue has had on the resident. However, it is mitigated by the work undertaken by the landlord in order to try and remedy the leak, such as replacing the roof, pointing and replacing guttering and insulation.
25. The landlord offered the resident £500 compensation to resolve her complaint at stage 2. As well as what its repairs and maintenance policy says, the landlord’s compensation policy says it can consider paying discretionary compensation for the loss of use of part of the property. Our remedies guidance suggests compensation of between £600 and £1,000 where the circumstances for maladministration apply but significant redress is needed, as is the case here. Taking everything in to account, compensation of £800 would be fair and reasonable in the circumstances.

Landlord’s complaint handling

26. The landlord’s complaints policy at the time said it would aim to agree a solution at stage 1 within 10 working days of receiving a complaint. If it needed a further 10 days, it would let the resident know. It goes on to say a resident would need to request an escalation of the complaint within 1 year of the stage 1 response and a stage 2 response would be sent within 20 working days. Again, if an additional 10 days was needed, it would let the resident know.
27. Having complained on 13 December 2022, it took the landlord about 5 months to issue its stage 1 response. There is no evidence of the landlord having explained to the resident in the meantime, that there would be a delay in responding, or that an extension was needed, so it is clear it failed to comply with the timescales in its complaints policy.
28. A delay like this is significant, yet the stage 1 response failed to acknowledge this or apologise for it. The landlord just said it was sorry the resident had cause to complain, so it is clear it missed an opportunity at that stage, to try and put things right.
29. It was nearly 12 months after receiving the stage 1 response that the resident escalated the complaint. Therefore, in accordance with the complaints policy, it was right for the landlord to move it to stage 2. However, it was 30 April 2024 when the complaint was escalated and a response was not sent until 23 December 2024, nearly 8 months later.
30. The stage 2 response did acknowledge the landlord’s failings and set out what it intended to do to remedy matters, but it failed to address the delay in its complaint handling, at either stage 1 or stage 2. It is noted the landlord offered the resident compensation, which was appropriate, bearing in mind how long the issues had gone on for. However, the offer was worded in a way that it was to cover all future inconvenience as well as what she had already experienced. This was not appropriate as there was no way of the resident knowing when all problems would finally be resolved. Therefore, she could not measure the overall extent of the problem, so it was not possible to say if the offer was reasonable.
31. These failings in the complaint handling amount to severe maladministration. At both stages the landlord failed to adhere to its complaints policy. The landlord did not acknowledge that, apologise or try and put things right. In this case, there were a number of failings, and the delays contributed to the resident not bringing the complaint to us sooner. There is no evidence of the resident chasing the landlord for responses to the complaint, and it took a long time for her to escalate the complaint, so this is taken in to account in terms of compensation payable. However, it is important to recognise that over that period, she was reminding the landlord that issues remained outstanding and this should have prompted it to address her complaint. Taking all this in to account, in accordance with our remedies guidance, compensation should be paid to the resident in the amount of £250.

Determination

32. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s response to the residents reports of a leaking roof and the damage caused to personal items and the resulting damp and mould.
33. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in respect of the landlord’s complaint handling.

Orders and recommendations

Orders

34. Within 4 weeks of the date of this report the landlord is ordered to provide evidence that it has:
    1. Apologised to the resident for the failures identified in this report.
    2. Paid the resident £1,050 compensation (incorporating the £500 offered during the complaint process) made up of:
       1. £800 for the delays repairing the leak and damp and mould.
       2. £250 for the delay in addressing the resident’s complaint.
    3. Inspected the property and produced a scope of works that need to be completed in the property, as result of the leak and damp and mould.
35. Within 8 weeks of the date of this report, the landlord should evidence:
    1. That all work identified as being needed following the inspection, has been completed and the resident has signed off the works.
    2. That a property inspection to check on the leak and damp and mould has been scheduled in with the resident, for the Winter.