Together Housing Association Limited (202311968)

REPORT

COMPLAINT 202311968

Together Housing Association Limited

29 October 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 repairs in the property, including damp and mould issues, and its subsequent offer of compensation.

Background

2. The resident and his partner are joint assured tenants of the landlord, a housing association. The property is a 3-bedroom house. The tenancy commenced in April 2016. The resident has 5-children who live with him.
3. The resident told this Service that one of his children has developed a respiratory condition. The landlord has no vulnerabilities recorded on its information systems for any member of the household.
4. On 16 January 2023 the resident reported to the landlord issues with damp in the living room, which he believed at the time was caused by a leak from the bathroom. The landlord arranged to inspect the property on 8 February 2023, when it found no leak but presence of damp. It said it would take further action.
5. The resident had not heard from the landlord by 12 April 2023, despite chasing it for a response, so he submitted a complaint about the damp issues, and the lack of action taken by the landlord. The landlord inspected the property again on 18 April 2023 and said the tiles and sealant around the bathtub were allowing slow water ingress. The landlord made internal enquiries about replacing the bathroom, as unlike the kitchen, the bathroom was not part of the cyclical replacement scheme for 2023. It approved full replacement of the bathroom on 5 May 2023.
6. The landlord issued its stage 1 complaint response on 5 May 2023 to the resident. It raised a job with its contractors to carry out works for damp and mould, as well as plastering the living room wall. This included renewing the entire bathroom. It acknowledged the delays and apologised for the inconvenience, distress caused, and the lack of communication. It said it had provided feedback to managers of various service areas. The resident was dissatisfied with this response and asked for his complaint to be escalated on 11 May 2023. He also shared his concerns about the contractors not leaving the property tidy.
7. On 26 June 2023 the landlord sent its stage 2 complaint response to the resident. It outlined a history of repairs at the property and found no service failures prior to 2023. It told the resident there was a lack of communication after its first inspection of 8 February 2023, and there were delays in commencing works. It apologised for this, and for its contractors’ timeliness. It said its contractors were to leave the area safe, but there would be some level of disruption and debris. It committed to changing the newly installed sink as the size did not fit the resident and his family’s requirements.
8. Additionally, it said it was relaying the resident’s feedback to its contract managers. This was with a view to improve its communications, ensure timely appointments, and ensure its contractors meet its service standards. It offered £300 in compensation and £200 in decoration vouchers at a retail company. The £300 compensation comprised of £150 in recognition of the delays since its initial inspection of 8 February 2023 and £150 for the upset, and frustration caused to the resident.
9. The resident contacted this Service on 3 July 2023 as he remained dissatisfied with the landlord’s response. On the following day, he confirmed that he felt the compensation offered by the landlord was insufficient and wanted us to investigate. He added that one of his children started developing a respiratory condition.
10. In October 2024, the resident said he was dissatisfied that the landlord had offered decoration vouchers to a specific retail company, as he wanted like-for-like wallpaper, which he was unable to get. He also said that the landlord should have been able to address the damp issues quicker, as he had been reporting problems with the bathroom for years.

Assessment and findings

Scope of investigation

11. Paragraph 42.c. of the Scheme states that the Ombudsman may not consider complaints which were not brought to the attention of the landlord as a formal complaint within a reasonable period, which would normally be within 12 months of the matters arising.
12. Residents are expected to raise complaints with their landlords in a timely manner so that the landlord has a reasonable opportunity to consider the issues. This also means evidence is available to reach an informed conclusion on the events that occurred.
13. There was no evidence that a complaint was made prior to 12 April 2023 regarding damp and mould issues. As this was the case, this investigation will consider the period from when the resident first put the landlord on notice of the damp issues in the property on 16 January 2023. There is no other record of damp affecting the property within a 12-month period prior to 12 April 2023, events prior to this are historical and not included in the scope of this investigation.
14. The resident said his wallpaper was damaged due to the damp. He also said that one of his children had developed a respiratory condition during the time of the complaint.
15. This investigation has considered the landlord’s response to the resident’s concerns and how this related to the complaint reported. The Ombudsman has not determined whether the landlord was responsible for any damage to his personal possessions, or any deterioration in his child’s health. The Ombudsman does not doubt the resident’s concerns, but this Service is unable to draw conclusions on the causation of, or liability for, effects on health and damages to personal belongings. Such decisions require an assessment of liability and are decided by a court or insurer, the resident may wish to seek independent advice. However, where the Ombudsman identifies a failure by a landlord, we can consider the resulting distress and inconvenience.

Repairs including damp and mould and compensation

16. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure of the property in repair. Internal and external plasterwork is part of the structure of a property. Additionally, the landlord must also keep in repair and working order installations for sanitation, this includes basins, sinks, baths, and toilets.
17. The landlord also has a responsibility under the Housing Health and Safety Rating System (HHSRS), to assess hazards and risks within its properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
18. The landlord has accepted that it failed in its service delivery to the resident. The resident had not disputed that the repairs the landlord committed to in its complaint responses were complete either, but he has disputed the level of compensation offered by it. Therefore, this report will concentrate on whether the landlord has done enough to put things right. In considering this, the Ombudsman assesses whether the landlord’s offer of redress was in line with the Ombudsman’s dispute resolution principles and remedies guidance. The principles of effective dispute resolution are:
    1. Be fair, treat people fairly and follow fair processes.
    2. Put things right.
    3. Learn from outcomes.
19. The resident first reported damp issues to the landlord on 16 January 2023. He said water was likely leaking from the bathroom, affecting the living room. He also told the landlord there was no issue with ventilation in the property.
20. The landlord operates a damp, mould, and condensation policy. This says that it takes responsibility for diagnosing and resolving damp, mould, and condensation issues in a timely manner. It would also provide advice to residents about damp and mould, as well as clearly communicate regarding this. In some cases, it could provide dehumidifiers, installation of positive input ventilation, mechanical or passive ventilation systems, dry lining of walls or applying mould resistant coverings as appropriate.
21. The Ombudsman’s spotlight report on damp and mould, published in October 2021 said that landlords should have the ability to identify and report early signs of damp and mould.
22. The landlord’s responsive repairs policy states it would attend reports of damp in 28 calendar days. Following the resident’s reports of damp of 16 January 2023, the landlord appropriately attended on 8 February 2023 and inspected the property. The landlord did not identify a leak in the property, but due to the damp issues, it said it would seek further advice. It also noted the fans in the property were not working, so it raised a repair for this, which was appropriate.
23. Following the landlord’s first inspection, the resident chased the landlord 3 times (28 March 2023, 3 April 2023, and 12 April 2023) as no action was taken. The landlord inspected the property a second time on 18 April 2024 which was 6 calendar days after the resident complained. The landlord identified that the property would benefit from a new bathroom as the tiling, and sealants around the bath was allowing water ingress over time. It reiterated there was no leak. The landlord also said it shared the next steps to the resident following this inspection.
24. Although the landlord said it put in place an action plan from 18 April 2023, it failed to assess the risk and identify the impact on the household at the earliest opportunity, in line with HHRSH. The delay and lack of communication in the circumstances were inappropriate as ultimately the landlord did not adhere to its damp, mould, and condensation policy. No evidence to the extent of the plan of action, any advice provided to the resident by it, or the extent to which mould was affecting the property has been shared with this Service. Neither party disputed that there was mould in the property. However, the landlord has not shown it took steps in accordance with its damp, mould, and condensation policy as it did not evidence it told the resident how to treat the existing mould.
25. There is evidence that the landlord wanted to grout around the tiles and reseal the bath on 19 April 2023. However, it internally decided that it would renew the bathroom entirely on 5 May 2023. This was despite the bathroom not being part of the cyclical repair scheme for that year. This was reasonable and showed the landlord was taking the resident’s complaint seriously, as it used its discretion, and tried to mitigate risks with damp and mould, albeit with delays.
26. From the information provided to this Service, the specific date for completion of the resident’s bathroom is unknown. However, the landlord confirmed it started in the week commencing 8 May 2023 and was completed by 15 May 2023. The bathtub was removed on 11 May 2023 and the resident, and his family were unable to use the bathtub in this period, which caused inconvenience.
27. The resident told the landlord on 23 May 2023 that he was unhappy with the new sink that was fitted by its contractors on that date. The landlord agreed to change it the following day, based on the resident and his family’s needs for a larger one. The replacement was completed by 28 May 2023. The timeframes regarding the sink replacement after the resident’s contact of 23 May 2023 was prompt and in line with its responsive repairs policy. It also apologised if the contractors did not leave the area as tidy as expected to its standards. It said it would inform the contractor managers; this was reasonable as it demonstrated learning.
28. Further to this, the landlord did not complete repairs to the living room plasterwork and wall until it started these works on 9 June 2023. The landlord confirmed to this Service that works were completed that week, but did not specify the date. The initial date to start repairs was agreed by both parties for 30 May 2023, but the resident asked to push the date back to 9 June 2023. Despite the landlord completing all repairs, it still meant the resident was living with a damp wall for up to 148 calendar days and experienced detriment. Ultimately, this was inappropriate and not in line with its responsive repairs policy.
29. The landlord admitted in its final response and to this Service that its communication with the resident was poor between 8 February 2023 up until 14 April 2023. It relayed messages about improving communication and timely appointments to its contracts manager. This was positive as it showed the landlord was taking responsibility for failures in its communication and demonstrated learning.
30. This Service acknowledges that the landlord offered £200 in decoration vouchers to the resident. The resident has told us he is unhappy with this as he wanted matching wallpaper, but he is unable to get this through the vouchers at the specified retail company. It is the Ombudsman’s opinion the landlord should have clearly communicated to the resident that he could potentially claim for any damages through insurance. There is no evidence it had done so, therefore not managing his expectations, which was unreasonable.
31. The landlord also missed a clear escalation of risk, when it had removed the bathtub and sink in May 2023. In an internal email sent by the landlord on 23 May 2023, there is evidence the resident was distressed about not having sanitation facilities in his home and had to resort to using the facilities in a family member’s property. There is no evidence that an alternative or interim measure for sanitation was discussed with the resident prior to removal of the bathtub in May 2023, which was unreasonable and caused the resident to experience distress, and inconvenience. This was not acknowledged in the landlord’s final response either.
32. Under this Service’s remedies guidance, consideration is given for distress and inconvenience caused to a resident by a particular service failure. The guidance considers the severity of the situation, the length of time involved as well as other relevant factors, such as vulnerabilities. In the landlord’s final response the total award for delays and frustration amounted to £300.
33. This Service acknowledges that the resident has said his child has a respiratory condition, but there is no evidence that the landlord was informed about this during its internal complaints process. However, it is the Ombudsman’s opinion that had it managed risk when damp was first reported, it could have continuously assessed the situation, and it would have known. There are provisions in its damp, mould, and condensation policy which says for household vulnerabilities it would manage issues appropriately, or expediate its responses. In light of this information, a recommendation has been made for the landlord to contact the resident and record any current vulnerabilities for the household, and make any reasonable adjustments.
34. Further, the landlord’s compensation policy allows for discretionary payment for longer term service failures from £250. While the landlord acknowledged some of its errors and attempted to put things right, it is this Service’s opinion the £300 was not proportionate to the detriment the resident experienced. The identified cause of damp issues lasted for a prolonged period until repairs were completed by 15 May 2023. The living room wall affected by damp and mould was not repaired until June 2023. It is clear the resident expended time and effort. Although the repairs to the bathroom lasted a week, there were no interim measures in place for sanitation.
35. Despite the landlord apologising for some of its errors and attempting to put things right, there are failings identified which it had not acknowledged and are sufficient to justify requiring the landlord to pay additional compensation. The resident experienced up to nearly 5 months of damp and mould presence in his property, which adversely affected him. The Ombudsman’s remedies guidance suggests payment of up to £600 for cases where there has been maladministration.
36. Considering the landlord’s compensation policy, the Ombudsman orders an award of £600 in compensation, which is in line with its own compensation policy for the circumstances in this case. This amount also recognises the distress, inconvenience, as well as time, and trouble expended by the resident, in line with our remedies guidance.
37. In summary, the failings identified above demonstrate there was maladministration by the landlord in its handling of repairs in the property, including damp and mould issues, and its subsequent offer of compensation.

Determination

38. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s handling of repairs in the property, including damp and mould issues, and its subsequent offer of compensation.

Orders and recommendations

Orders

39. Within 4 weeks of the date of this determination, the landlord is ordered to:
    1. Apologise in writing to the resident for the failings detailed in this report.
    2. Pay a total of £600 in compensation directly to the resident’s bank account, comprised of:
       1. £300 for time, trouble, distress, and inconvenience experienced by the resident as detailed in this report.
       2. £300 it previously offered in its stage 2 complaint response of 26 June 2023. If any of the £300 it offered had already been paid, it can be deducted from the total of £600.
40. Provide evidence of compliance with the above orders to this Service.

Recommendation

41. The landlord is also recommended to contact the resident and update its records to reflect existing vulnerabilities of the household. It is recommended to agree any reasonable adjustments.