Stonewater Limited (202407745)
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Decision |
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Case ID |
202407745 |
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Decision type |
Investigation |
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Landlord |
Stonewater Limited |
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Landlord type |
Housing Association |
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Occupancy |
Assured Tenancy |
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Date |
25 March 2026 |
Background
- In 2023 the resident reported a leak in the bathroom had caused damp and mould. She also reported bugs in the property. She complained the landlord had delayed in completing works. The resident lives with her child. She told the landlord she had asthma.
What the complaint is about
- The landlord’s response to the resident’s reports of:
- A leak in the bathroom and subsequent damp, mould and repairs.
- Pests in the property.
- We have also assessed the landlord’s complaint handling.
Our decision (determination)
- We have found:
- Service failure in the landlord’s response to the resident’s reports of a leak in the bathroom and subsequent damp, mould and repairs.
- Maladministration in the landlord’s response to the resident’s reports of pests in the property.
- No maladministration in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
The landlord’s response to the resident’s reports of a leak in the bathroom and subsequent damp, mould and repairs
- The landlord delayed in responding to the resident’s request for a dehumidifier and later delayed in completing works recommended by a damp survey. Although it apologised, it did not fully acknowledge the impact these delays had on the household.
The landlord’s response to the resident’s reports of pests in the property
- Poor record keeping limited our ability to assess the landlord’s actions. After the resident reported an infestation in January 2024, it delayed investigating, identifying the pests, or confirming who was responsible for them. It did not provide support to assist the resident to replace damaged items in line with its pest control policy.
The landlord’s complaint handling
- The landlord’s complaint handling was generally in line with its complaints policy and the Complaint Handling Code (the Code).
Putting things right
Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.
Orders
Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 22 April 2026 |
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2 |
Compensation order The landlord must pay the resident £1,200 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct any of the £975 it offered in its complaint responses from the total figure if it can evidence this has already been paid. |
No later than 22 April 2026 |
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3 |
Specific action The landlord must set out its position on the following to the resident and to us in writing:
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No later than 22 April 2026 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
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Our recommendations |
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We recommend the landlord sets out its position to the resident in writing on any damaged possessions if she does not have insurance, in line with its compensation policy. |
Our investigation
The complaint procedure
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Date |
What happened |
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11 October 2023 |
The resident complained to the landlord. She said:
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26 October 2023 |
The landlord sent its stage 1 response to the resident. It:
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18 April 2024 |
The resident escalated her complaint. She said damp, mould and pest works were outstanding. |
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23 May 2024 |
The landlord sent the resident its stage 2 response. It said:
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Referral to the Ombudsman |
The resident told us there was still a pest infestation and damp and mould in the property. She said she had incurred significant costs from damage to her possessions. She wanted the landlord to ensure there was no damp, resolve the pest issue, and replace the carpets, skirting boards, and kitchen units. |
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.
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Complaint |
A leak in the bathroom and subsequent damp, mould, and repairs |
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Finding |
Service failure |
- Within a few weeks of the landlord’s stage 2 response, it identified a leak in the bathroom before completing extensive bathroom works. We have not assessed this, as it has not exhausted the landlord’s complaints procedure.
- The resident reported damaged, rotten flooring and skirting in the bathroom on 24 July 2023. She said the bath was not sealed properly, which was causing damp under the flooring that would not dry out. The landlord raised routine repairs. When she reported a leak from the bath seal on 7 August 2023, it raised additional routine works.
- On 9 August 2023 the resident reported the leak was causing damp and mould to spread rapidly to her kitchen and living room. She said this was impacting her health and causing damage to her carpets. The landlord raised further routine works to repair a leak from the stack pipe. It is unclear how the landlord decided the priority of these works.
- The landlord repaired a leak from the stack pipe and replaced sealant on the bath on 15 August 2023, in line with its 28-day timescale for routine repairs. It noted follow on works were needed to fit the bath panel when it replaced the flooring. It treated mould on 24 August 2023 within its 28-day target. It installed new flooring on 13 September 2023, outside of its routine repairs timescale. This delay was reasonable as it likely had to wait for the flooring to dry out. There is no evidence it replaced the bath panel at this time.
- The resident requested a dehumidifier to help dry out the bathroom on 24 August 2023, and reported there was still damp on 20 September 2023. The landlord delayed in responding. It opened a damp, mould and condensation case on 13 October 2023, and completed a mould wash to the skirting and flooring in the bathroom 20 October 2023.
- The landlord refixed the bath panel and provided a dehumidifier on 26 October 2023. On the same day, the resident reported the lounge door did not close, and skirting boards and door frames were broken and rotten due to the leak. The resident reported the bathroom extractor fan was not working on 27 October 2023. The landlord repaired the skirting so the lounge door could close on 3 November 2023. It also replaced the bathroom skirting and extractor fan. This was in line with its routine repairs timescale.
- The landlord delayed in responding to the resident’s concerns about damage to her carpets. It was in line with its compensation policy to signpost the resident to her insurer and consider contributing towards the excess at stage 1. It may have been helpful for the landlord to also outline its position if the resident did not have insurance, in line with its compensation policy.
- On 5 December 2023 the resident reported the skirting was still broken and the bath panel was not sealed properly. She said the bathroom door did not close due to expanded wood from the leak. The landlord attended on 20 December 2023 within its routine repairs timescale. It confirmed the skirting repairs had already been completed but it sealed the bath. It is unclear whether it took any action in relation to the bathroom door.
- In January 2024, the resident reported a damp smell and moisture in the kitchen. She said she was worried there was damp in the wall and kitchen cupboards from the bathroom leak and was waiting for the landlord to check the floorboards for damp. She confirmed she had returned the dehumidifier it previously provided. The landlord advised her to continue using disposable dehumidifiers and completed a damp survey.
- The damp survey on 5 February 2024 found high moisture levels in multiple rooms near the bathroom, and damp and mould around windows in multiple rooms. It confirmed the causes of this included saturation of the building structure due to a plumbing issue and possible water penetration from windows. It identified works were required to the bath sealant, the plaster and the skirting. It identified the kitchen extractor fan was faulty, and further investigations of the windows and bathroom plumbing were required.
- The landlord repaired a blocked bathroom sink on 15 February 2024. On 23 February 2024 it replaced the cracked and leaking toilet, in response to reports it did not flush. It is unclear whether these repairs were raised in relation to the damp survey, but it completed them within its routine repairs timescales. When the resident reported a leaking toilet on 27 February 2024, it repaired this within its target timescale.
- Following the damp inspection in February 2024, the landlord delayed in completing recommended remedial works to resolve the damp and mould. It investigated some windows on 7 March 2024, though it is unclear whether any remedial works were identified. Contractors attended on 25 March 2024 and confirmed there was a crack in the bathroom sink, and pipework was damaged and leaking. It did not respond to this in line with its repairs policy timescales.
- On 15 May 2024 the landlord replaced the kitchen extractor fan outside its routine repairs timescale. Contractors recommended removing kitchen cupboards to check the walls for damp and adding a shower screen to stop water from spilling out when showering. Between 17 and 24 May 2024 it checked for leaks in the bathroom but did not find one behind the sink or bath. It completed a mould wash in multiple rooms including the kitchen and bedrooms. It fitted a new shower panel within its routine repairs timescale and provided a dehumidifier.
- The resident said the issues impacted her health, caused her distress and impacted her sleep. She said she worried about the potential impact on her child’s health. She told us she is unsure whether there is still moisture in the walls, floors and skirting, and there is damp and mould in and under her kitchen worktops.
- The landlord attempted to put things right in its complaint responses by offering some compensation. It did not explain how it allocated compensation between the issues. For this investigation, we have therefore assumed the total compensation amount was split equally between the 2 substantive issues.
- We have made orders in line with our remedies guidance for a failure which adversely impacted the resident where the compensation offered did not quite reflect the detriment. This includes orders for additional compensation and for the landlord to confirm its position on any ongoing damp and mould.
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Complaint |
Pests in the property |
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Finding |
Maladministration |
- When the resident reported bugs in the property on 7 August 2023, the landlord raised works with a pest contractor in line with its pest control process. The contractor attempted to visit on 17 August 2023 but was unable to access the property. The contractor said they attempted to attend twice again in August 2023. The resident disputed this and we have not received evidence of the visits or the notice provided.
- On 25 August 2023 the resident requested an emergency visit due to mites in the property and told the landlord contractors had not attended. On 20 September 2023 she reported the mite infestation was growing. The landlord raised pest works on 23 October 2023 and apologised for the delay in attending in its stage 1 response.
- Pest contractors attended on 2 November 2023 as agreed in the landlord’s stage 1 response. The landlord said they did not find pests but completed a spray treatment. The resident said the contractor recommended a follow up steam treatment. The landlord has not provided evidence of the contractor’s findings or recommendations which has limited our assessment of its actions. The landlord said a contractor attempted to visit again on 9 November 2023, but it has not provided evidence of the visit or the notice provided.
- The resident chased pest works on 15 November 2023. She confirmed the infestation was worsening and had spread into her child’s room. Contractors attended on 16 November 2023 in line with the landlord’s pest control process and concluded the pests were caused by wet conditions. The landlord said contractors completed a spray treatment and advised to wait for the floor to dry out, though it has not evidenced the contractor’s report. It informed the resident the bugs were caused by wet conditions but did not confirm what type of bug they were.
- The resident was unhappy with the landlord’s approach and on 5 December 2023 asked it to complete a heat treatment which she said a contractor had recommended. On 11 December 2023 the landlord agreed to inspect to decide on the appropriate treatment. The resident confirmed that contractors completed a heat treatment on 21 December 2023. In January 2024, she confirmed the pest issue had been resolved.
- The resident reported mites in the kitchen on 26 January 2024, but the landlord delayed responding. The contractor said they had not seen pests during their damp inspection in February 2024 but there is no evidence they had been instructed to investigate the pests. It is unclear from the landlord’s records whether contractors completed a heat treatment on 6 March 2024.
- The next day, the resident reported bugs behind the bath panel and in the bedrooms. She said the infestation was affecting her health and asked the landlord to help replace the carpets to resolve it. It did not instruct a contractor in line with its pest control process, confirm the type of pest or who was responsible. This was unreasonable. It internally discussed not being responsible for bed bugs, despite not having identified the pest and previously finding bugs caused by damp. This likely contributed to its delayed response.
- Contractors attended on 21 May 2024 and found book lice caused by extensive damp. They said a chemical treatment would be unsuccessful due to damp issues and advised treating the source of damp as high priority. The landlord offered some compensation in its stage 2 response. It is unclear how the compensation was allocated between the substantive issues and it did not set out any learning. It did not apologise for the significant delay in responding to the resident’s reports of pests from January 2024.
- The resident said her child could not sleep in their room due to the bugs. She said she spent a lot of time trying to get rid of the bugs and had to throw away damaged possessions. She said she felt she could not invite people to the property, and the infestation impacted food storage and preparation in the kitchen.
- A few days after the landlord issued its stage 2 response, the resident said she could not afford new carpets and the landlord agreed to support her to look into accessing grants and funding. It has not evidenced it provided this support or considered whether compensation was appropriate, in line with its pest control policy.
- On 29 May 2024 contractors found heavy signs of booklice breeding in the skirting boards and damp areas of the property. They said the property needed drying, and the skirting boards and carpets needed to be removed and replaced once the leak had been resolved. The resident said there are still bugs in the skirting boards and carpets of most rooms, and in and under the kitchen worktops. She said there are affected carpets and skirting boards that have not been replaced.
- We have made orders for the landlord to put things right in line with our remedies guidance for a failure which adversely impacted the resident where the landlord has not acknowledged all its failings and the compensation offered was not quite proportionate to the failings identified. This includes orders for additional compensation, and for the landlord to set out its position on damaged possessions, and any ongoing infestation.
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Complaint |
The handling of the complaint |
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Finding |
No maladministration |
- The Code sets out how and when a landlord should respond to complaints. In this case, the complaint period covers both the 2022 and 2024 editions. The timescales in the landlord’s complaints policies were compliant, and generally in line with the Codes.
- The landlord acknowledged the resident’s complaint within 2 working days, in line with its policy. It responded 9 working days later, in line with the 2022 Code. It acknowledged the resident’s escalation in 5 working days, and responded within a further 19 working days, in line with the 2024 Code. Both responses addressed all aspects of the resident’s complaint, provided sufficient detail and explained how the resident could escalate the matter. There was no maladministration in the landlord’s complaint handling.
Learning
- Though the landlord identified the reason for its delayed damp remediation works, it did not set out any learning in its complaint responses.
Knowledge information management (record keeping)
- The landlord did not provide complete records of its pest works and some of its repair records lack sufficient details. This impacted our assessment of its actions. The landlord could strengthen its record‑keeping for pest works.
Communication
- The landlord identified and apologised for communication issues at stage 1.