Sovereign Network Homes (Former Network Homes) (202325277)

REPORT

COMPLAINT 202325277

Sovereign Network Homes

16 May 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 the landlord’s handling of:
   1. Reports of damp and mould at the resident’s property.
   2. The associated complaint.

Background

2. The resident is an assured tenant of the landlord. The resident has informed us that she lives with her son who has a disability.
3. In January 2023, the resident contacted the landlord and reported damp and mould in her living room and in the cupboard under the stairs.
4. On 8 April 2023, the resident submitted a complaint to the landlord. She stated that she first brought the issue with the damp and mould to the landlord’s attention via email on 5 December 2021. She explained the surveyor inspected her property in February 2023, but the works to resolve the damp and mould at her property were still outstanding.
5. The landlord provided its stage 1 complaint response to the resident on 26 April 2023. It explained that its surveyor visited the resident’s property to carry out an inspection and recommended several works to resolve the damp and mould, which included works to the kitchen, bedroom, hallway, and external parts of the property.
6. The landlord acknowledged in its response that there had been delays in it carrying out the roof repairs and works to resolve the damp and mould. It apologised for the delay and explained that it had sent a copy of the damp survey to its contractor so it could provide a quotation for the required works. The landlord offered the resident £575 compensation to recognise the inconvenience caused. 
7. On 26 June 2023, the resident requested her complaint be escalated to the next stage of the landlord’s complaints process. She explained she was escalating her complaint to stage 2 because the works had not been completed properly. The resident stated that the landlord’s contractor attended her property and carried out a wipe down of the wallpaper and applied anti mould paint on top of the wallpaper. She explained that following this, the wallpaper started to crack and fall off and stated that the mould had still not been treated.
8. The landlord provided its stage 2 complaint response to the resident on 14 August 2023. It explained that it had been advised that the roof works were completed, which included repairs to some of the roof tiles. The landlord acknowledged it had failed to carry out the works to resolve the damp and mould at the property within the usual timescales and stated that it caused unnecessary delay and distress to the resident and her family. It apologised for this and increased its offer of compensation to the resident to £1466.
9. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was for the damp and mould to be resolved and to receive compensation for her damaged belongings. She stated she would also like to be moved out of the property temporarily whilst the damp and mould works are being carried out.

Assessment and findings

Reports of damp and mould at the resident’s property.

Scope of investigation

10. The resident has mentioned as part of the complaint that the damp and mould at the property has impacted her and her son’s health and stated they were prescribed antibiotics for a chest infection. The service does not doubt the resident’s comments about hers and her son’s health. 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 the resident’s son’s 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. 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 and her son’s health.
11. The resident has also stated as part of her complaint to the Ombudsman that she had to dispose of furniture and belongings because they were damaged due to the damp and mould at the property. Normally, damage to a resident’s belongings would be considered as part of a claim under the resident’s own contents insurance policy (if they have one). When there is alleged negligence by the landlord or its contractors, residents may be able to raise a claim under the landlord’s liability insurance. Landlords are entitled to use liability insurance to manage such claims. A landlord’s insurer is usually a separate organisation, and the Ombudsman cannot look at the actions of insurers, only at the actions of the landlord. Therefore, we cannot comment on the outcome of any claim made to a liability insurer.
12. The resident did not raise the issue about her damaged belongings as part of her initial complaint to the landlord. Therefore, the landlord was not required to consider this issue through its complaints process. The Ombudsman will not consider it either because we can only investigate matters which have been through the landlord’s complaints process. However, it is recommended that the landlord provides the resident with its liability insurer’s details, so she can progress this aspect of her complaint.
13. The resident raised concerns that the damp and mould had been an issue at the property since December 2021. The Ombudsman does not doubt the resident’s comments about the length of time the issue has been ongoing for. However, there is no evidence of her raising a formal complaint until April 2023. In view of the time periods involved in this case and considering the availability and reliability of evidence, this report will not consider any specific events approximately more than 12 months prior to when the resident submitted her complaint to the landlord in April 2023. This is because paragraph 42(c) of the Housing Ombudsman Scheme (available on our website), explains that this service may not investigate complaints that were not brought to the attention of the landlord as a formal complaint within a reasonable period, normally within 12 months of the matters arising.

Policies and Procedures

14. The landlord’s repairs policy explains that the landlord is responsible for keeping the structure of a resident’s property in a good state of repair. The policy also includes information on the landlord’s repair timescales. It states that the landlord will respond to an emergency repair within 4 hours. A routine repair within 1 calendar month and a planned repair within 90 working days.
15. The landlord’s damp and mould policy from February 2023 explains that it will investigate and identify the cause of damp or mould at a resident’s property and deliver effective remedial solutions. The policy also explains that the landlord will remain in regular communication with a resident, following a report of damp and mould being made, providing progress updates from the beginning to the end.

Assessment

16. The resident submitted her complaint about damp and mould in her property to the landlord in April 2023. However, the Ombudsman has noted from the landlord’s records for contextual reasons that the resident had reported an issue about damp and mould in her property in December 2021. Following the resident’s report, the landlord raised a job on its system to investigate the issue and visited the resident’s property in February 2022. The landlord concluded that there were no leaks at the property but damp in some parts of the flat, including damp by the bay window and in the hallway by the radiator. The landlord took no additional action following its inspection. This was unreasonable and resulted in the resident and her son being left to live in a property with untreated damp and mould.
17. In January 2023, the resident contacted the landlord and submitted an additional report of damp and mould at her property. Shortly after, the landlord’s operative attended the resident’s property in January 2023 and took photographs of the damp and mould at her property. The landlord reviewed the photographs and concluded that it would be appropriate for a surveyor to inspect the resident’s property. The landlord responded promptly to the resident’s report and took the appropriate actions in concluding that the surveyor should inspect the property to see what repairs were required.
18. The landlord’s surveyor visited the resident’s property on 9 February 2023 and carried out an inspection. The surveyor recommended works to the kitchen, hallway, rear bedroom, and external parts of the property. The landlord agreed to carry out the works recommended by the surveyor to resolve the damp and mould at the resident’s property. The landlord’s notes reference that a contractor visited the resident’s property on 6 April 2023 and carried out a mould treatment. However, the resident stated that the appointment was cancelled because the contractor was not advised correctly of the required works. 2 days later, on 8 April 2023, the resident submitted a complaint to the landlord and explained that the works to resolve the damp and mould at her property were outstanding.

19. The landlord acknowledged in its stage 1 complaint response sent to the resident on 26 April 2023, that there had been delays in completing the roof repairs because a different contractor already had scaffolding in place and also due to forecasted heavy rain. The Ombudsman recognises that the reasons for the delays to repair the roof would have been outside of the landlord’s control. The landlord apologised for the delays and offered the resident £575 compensation to recognise the inconvenience caused. The apology and compensation offered by the landlord was reasonable to recognise the delays the resident experienced up to April 2023.
20. After the landlord issued its stage 1 complaint response, there were further delays in the landlord completing the works recommended by the surveyor. The landlord explained it carried out the roof repairs at the end of June 2023. In addition, the resident explained in her complaint escalation request sent in June 2023, that the landlord’s contractor visited her property to complete mould treatment and failed to carry out the work correctly. She explained that the landlord’s contractor completed a wipe down of the wallpaper and applied anti-mould paint on top of the wallpaper. She stated that this resulted in the wallpaper cracking and falling off. The Ombudsman would have expected the landlord to arrange for the mould treatment to be completed by a qualified contractor and to a satisfactory standard. The landlord’s failure to do this resulted in the damp and mould repairs remaining outstanding for a longer period of time, which would have caused the resident and her son further distress and inconvenience.
21. At the end of June 2023, a significant amount of the works the surveyor recommended remained outstanding. The landlord acknowledged in its stage 2 complaint response issued in August 2023 that, whilst some works had begun, a full schedule of the works was yet to be approved. The landlord increased the compensation amount offered to the resident to £1466 to recognise the distress and inconvenience caused. The landlord offering compensation to recognise the distress and inconvenience caused to the resident from its delay in completing the repairs was an appropriate step. However, the Ombudsman would have expected the landlord to also carry out all the repairs recommended by the surveyor to resolve the damp and mould at her property.
22. The delay in resolving the damp and mould issue would have caused significant distress and inconvenience to the resident. The Ombudsman recognises it must be very difficult for the resident and her son living at the property with damp and mouldy conditions for such a long period.
23. The resident informed the Ombudsman in November 2023 that there were still ongoing damp and mould issues at the property and the works to resolve the damp and mould at her property were still outstanding. The landlord also confirmed in an email sent to the Ombudsman in May 2024 that all the works recommended by the surveyor had not been completed. The landlord stated that the reason for the delay was because of a quote not being submitted, and then it explained once the quote was submitted it needed to carry out another survey of the resident’s property, but the resident refused this. However, the resident has informed the Ombudsman that the surveyor turned up to her property without notice and at the time she was dealing with difficult personal circumstances. The normal procedure would be for a landlord to book an appointment with the resident for a surveyor inspection or repair. Also, when a resident refuses an appointment, the landlord should contact them to find out why they refused the visit and see if it can do anything to resolve the resident’s concerns so that a visit can go ahead. This is in line with the landlord’s responsibilities to keep the property in a good state of repair. There is no evidence the landlord did this in this case, which is a failing in its service.
24. The reason provided by the landlord for the additional delay is not sufficient and the landlord should have been more proactive in its steps to resolve the damp and mould at the property. The delay in the landlord carrying out the work is unacceptable. The resident and her family have been left to live in a property with damp and mould present for several years.
25. It is acknowledged that the landlord offered the resident £1466 compensation in its stage 2 complaint response sent in August 2023 to recognise the distress and inconvenience caused by the delays. This was a reasonable offer for the delays up until this date. However, since then there had been further delays in the landlord carrying out the works and the works to resolve the damp and mould are still outstanding. Therefore, there has been maladministration by the landlord in its handling of reports damp and mould at the resident’s property. It would be appropriate for the landlord to pay the resident an additional £600 compensation to recognise the distress and inconvenience caused by the additional delays.
26. The additional amount of compensation ordered by the Ombudsman is compliant with the Ombudsman’s Remedies Guidance (published on our website), which sets out the Ombudsman’s approach to compensation. The remedies guidance suggests awards of £600 to £1000 where there has been a serious failure by the landlord which had a significant impact on the resident.
27. In addition, as a considerable amount of time has passed since the landlord last carried out a surveyor inspection at the resident’s property, the Ombudsman requires the landlord to arrange for a specialist damp surveyor to inspect the whole of the resident’s property. In addition, following the surveyor inspection, the landlord should draw up a schedule of works with timescales to resolve the damp and mould at the resident’s property. The landlord should then carry out the necessary work to resolve the damp and mould and then notify the Ombudsman once the works have been completed.

28. The resident informed the Ombudsman in May 2024, that the damp and mould at the property has worsened, and stated she believes the extensive works would cause disruption to her and her disabled son. Considering this, the Ombudsman would suggest when the surveyor inspects the resident’s property it should consider whether a decant (temporary move) is necessary and consider whether the required level of works would make the property not safe and unfit for habitation for the resident and her son. If the landlord determines that a decant is not required, it may want to consider carrying out repairs one room at a time, if possible, to reduce disruption for the resident. The landlord should write to the resident to confirm its decision regarding her request for a decant, including the reasons for this decision.

The associated complaint.

29. 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.
30. The landlord’s complaints policy also states that it will acknowledge and log all complaints and stage 2 escalations as soon as possible and within 5 working days.
31. There was a delay in the landlord acknowledging the residents request for her complaint to be escalated to stage 2 of the landlord’s complaints process. On 26 June 2023, the resident contacted the landlord and asked her complaint to be escalated. However, the landlord did not acknowledge the resident’s escalation request until 10 July 2023. The acknowledgment was late and not compliant with the landlord’s complaints policy.
32. The landlord failed to acknowledge the delay in its stage 2 complaint response sent to the resident. Although there was only a small delay, it would have still caused inconvenience to the resident and was not compliant with the landlord’s complaints policy. Therefore, in this instance, it would be reasonable and proportionate for the landlord to provide a written apology to the resident for the delay. The apology is in line with the remedies referenced in the Ombudsman’s Remedies guidance referenced above.

Determination (decision)

33. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of reports of damp and mould at the resident’s property.
34. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the associated complaint.

Orders

35. The landlord is ordered to:
    1. Provide a written apology to the resident for its complaint handling delay.
    2. Provide a written apology to the resident for its handling of the damp and mould at the resident’s property. The apology should come from a senior member of staff at director level within the landlord’s organisation.
    3. Pay the resident £600 compensation for its handling of the damp and mould at her property. This amount is in addition to the £1466 the landlord offered in its stage 2 complaint response.
    4. Arrange for a damp specialist surveyor to inspect the resident’s property and draw up a schedule of the required works to resolve the damp and mould issues. The schedule must include timescales of when the work will be completed. A copy of the schedule should be sent to the resident and the Ombudsman.
36. The landlord must comply with the above orders within 4 weeks of the date of this determination.
37. The landlord must carry out the necessary works to resolve the damp and mould at the resident’s property and inform the service once the works have been completed. 
38. The landlord must review the resident’s case and identify any areas for improvement. The review should be completed by a senior member of staff at director level. The landlord should draft a report on its findings and provide a copy of the report to this service and the resident.
39. The landlord must provide evidence of compliance with the above order within 8 weeks of the date of this report.

Recommendations

40. It is recommended that the landlord considers whether the resident and her son will need to be decanted (temporarily moved) whilst the works to resolve the damp and mould at the resident’s property are carried out. It should communicate its decision regarding a decant to the resident in writing.