Town and Country Housing (202317114)

REPORT

COMPLAINT 202317114

Town and Country Housing

22 November 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

The complaint is about the landlord’s handling of the resident’s reports of:
1. A leak in the bathroom which caused damp and mould.
2. Issues with the boiler and a lack of hot water.
3. The lack of security of the balcony door.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident has occupied the property, a 2 bedroom fifth floor flat, on an assured shorthold tenancy, with her daughter since 2018. The landlord is a housing association.

Scope of investigation

In the interests of the Ombudsman 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 (reflected at paragraph 42(c) of the Scheme). In this case, the resident has referred to issues she had since 2021, but it is apparent that matters escalated in 2023 and the complaint to the landlord was made in April 2023. After complaining, the resident then reported additional issues.
The Ombudsman notes that between January 2020 and April 2023, the resident made 7 reports of issues with her boiler. While these earlier reports, and those raised after the complaint, have provided important context to the current complaint, this investigation is focused only on the issues addressed at stage 1 and 2 of the complaints process that occurred from March 2023 onwards.

Summary of events

The resident reported a leak on 12 March 2023 under the floor to the right of the bathroom. The landlord sent an operative out the same day, but it was unable to gain access or speak with the resident on the telephone. Another operative was sent out later that day and gained access. It noted the water was turned off and the resident did not want the water tested as it may flood the property below. The resident was left with bottled water and told an inspection would need to be arranged.
An inspection took place the following day on 13 March 2023 and reported “Cleared block bath and repaired bath waste to stop leak to flat below”. It also noted the water was already back on upon arrival.
On 4 April 2023, the resident reported an issue with her boiler not working. An engineer attended on 6 April 2023 and found the heating flow tap was closed, which was resolved.
The resident complained to the landlord on 13 April 2023. She commented that she knew she was in rent arrears and the landlord was going to take action against her, but she was complaining that:
1. She had had issues with her heating and hot water and she had to move out as it was causing her daughter health issues.
2. Part of her balcony collapsed a few years earlier.
3. She had a water leak/blockage which leaked in to the neighbouring property and she had to pay for a dehumidifier to dry the property out.
4. Someone managed to climb onto the scaffolding around the building and attempt to break into the property. The police had attended but the landlord had not.
On 14 April 2023, the resident reiterated her complaint over the telephone about there being an outstanding leak to the bathroom causing damp which was affecting her daughter’s lung condition. She also said there was an outstanding leak to the toilet and a kitchen cupboard and kick board were rotting.
The resident has said her building had scaffolding up in order for repairs to be carried out and someone tried to gain access to her property through her balcony door; which had not been fixed properly since an issue was reported with it in 2021. She said she decided to move out of the property at that point.
The resident met with a housing officer on 21 April 2023 and provided a list of work that needed to be carried out. This included, fixing the balcony door, kitchen panels and carpets throughout that had rotted, damp and mould, extractor fans, door handles, a leaking toilet and locks on windows and a replacement front door. On the same day the landlord noted nothing could be done with the balcony door at that time while scaffolding was up.
Internal emails sent by landlord staff on 24 April 2023 noted the resident had had issues with the property in the past, but had reported a potential break in via the balcony as scaffolding was up at the building. There were a number of repair issues and the resident wanted to be moved, and it noted consideration ought to be given to offering her compensation. An operative attended on 24 April 2023 and changed the lock to the balcony door to allow it to be secured. However, it appears to have been a temporary measure as the operative noted ‘but this door needs to rebook for the relevant adjustments to be made’.
The resident discussed her concerns further with the landlord on 26 April 2023 and advised she had moved in with her mother. The landlord issued its stage 1 response the following day. It confirmed the events of 12 March 2023 and said the resident would be contacted to make arrangements for the inspection. It went on to acknowledge she had asked to move due to having many issues since moving to the property and this was being considered by her housing manager. In the meantime, it had secured a door following a break in but would need to carry out adjustments.
The landlord spoke with the resident on 2 May 2023 about her concern that the balcony door that the balcony door could only be secured from the inside and therefore remained insecure. The resident also explained that she did not feel safe to live in the property.. She explained that she was staying with her mother and was withholding rent until repairs were carried out.
On 1 June 2023, the landlord asked the resident to send in photographs of the property and said it had asked the surveyor for an update on investigating the damp and mould and balcony repair. It is not known if or when that information was sent.
The resident reported having no hot water on 12 June 2023. An engineer attended on 13 June 2023 but got no access. Planning called the resident on 30 June 2023 to rebook but got no answer, so the job was closed on 12 July 2023.
In the meantime, the landlord acknowledged the resident’s complaint had been escalated to stage 2, on 16 June 2023, and said it would issue a response within 20 working days.
The resident told the landlord on 7 July 2023, that she moved out of the property 9 weeks before and was not going to pay rent for that period, as she had had to hire a dehumidifier and things had been ruined, that she should be compensated for. She also informed the landlord on 11 July 2023 that her daughter was now on medication as a result of the effects of damp and mould. The landlord asked the resident the next day, for any photos she had of the damp and mould. In the meantime, the resident asked to speak with someone from the landlord and said she had sought legal advice about pursuing a disrepair claim, due to its inaction.
An appointment was arranged for 9 August 2023 to carry out the other repairs. While the landlord noted access was refused, its records show the resident made contact that day to say someone had attended while she was at work. Evidently access was later obtained, but the work could not be completed that day and the resident was told she would need to be decanted while work on the flooring was done.
The landlord then completed a Rehousing Request form, asking for the resident to be decanted in order to carry out repairs. The form said an inspection took place on 9 August 2023 and a damp and mould treatment needed to be carried out, floor coverings were to be lifted and any mould was to be treated. In addition, silicone was to be applied to skirting in the bathroom and the kickboards were to be repaired/replaced in the kitchen (if available and replaced after decant if not readily available). Lino was also to be laid in the hallway post-decant.
On 14 August 2023, the resident reported that damp and mould had induced her daughter’s asthma and that she had bought a dehumidifier for £500. The landlord asked to be sent a copy of the receipt for the dehumidifier. It also discussed the possibility of decanting the resident for works to be done.
A surveyor inspected the property on 16 August 2023 and said:
1. The hallway flooring was sticky but there was no leak or damp. A mould treatment had already been done.
2. In the kitchen the plinths below the sink base unit and the end panels next to the washing machine showed signs of water exposure. The chipboard end panels, exhibited noticeable swelling at lower levels due to water ingress – there had been a washing machine leak. In addition, various cabinet doors and drawers required adjustments for proper alignment and functionality.
3. In the bathroom, the bath panel was taken off for inspection, revealing no active leaks and replaced with a new one. Elevated moisture readings were consistent with water spillage during normal use. The bath panel and the perimeter of the floor were sealed with white silicone sealant. An above-bath built-in clothes drying rack was removed to prevent moisture accumulation and screw holes were filled to prevent moisture from entering. A previously faulty toilet syphon had been replaced during a prior visit. Staining was evident in the corners and at low levels in the bathroom, likely resulting from a past leak, reportedly occurring in November 2022. Stain block was applied to these areas to address the issue.
4. No other indications of moisture infiltration were observed throughout the property. There were some minor instances of general mould due to water spillage, but no other significant areas of mould growth.
The resident was decanted from 20 to 22 August 2023 and during this time an operative carried out a mould wash. The landlord’s records state no mould was found but it stain blocked the lower corner of the bathroom wall and repainted with mould resistant paint. It also cleaned a small patch on the floor near the living room entrance and installed a new bath panel.
When the resident returned home in August 2023 having been decanted, she acknowledged a new toilet had been installed but noted the dirty lino and carpet was still down and she was unhappy the dehumidifier was being run at her own expense. The landlord says a new toilet was not installed at that time. It also said a new syphon needed fitting, but the resident refused it as she did not believe it to be the main issue. She acknowledged the property had been painted but no skirting or silicone treatment had been carried out. In addition, plaster on the wall needed addressing, the bathroom extractor fan had not been fixed and the kitchen had not been touched.
The resident has said on 31 August 2023 she reported her toilet blocking up, but the landlord has no record of that.
The landlord sent the resident a copy of the surveyor’s report on 4 September 2023. It apologised for the delay which had been caused by people being on leave. It explained no leaks were found and the issue with the toilet seemed to be a blockage and not a leak. An order had been raised for the replacement kitchen kickboards and for the cupboards/drawers to be repaired or replaced. In terms of the toilet, it asked if there was still an issue, as it would arrange for an emergency attendance from a plumber.
On 12 September 2023 the landlord spoke with the resident, who reported her toilet was blocked and waste had gone on to the floor of her daughter’s bedroom. It advised the resident it would be attending on 14 September 2023, along with the surveyor, to assess the property. At this visit, the resident’s daughter’s bedroom flooring was wet but there was no mould. The surveyor emailed the resident the following day and confirmed the toilet would be replaced and a CCTV survey of the drain pipe would be done.
The resident raised an emergency repair with the landlord on 15 September 2023. She stated that the toilet was overflowing and waste water was spreading throughout the property. The resident chased a response from the landlord on 17 September 2023 and raised a complaint about its slow response on 18 September 2023. The landlord’s plumber attended on 19 September 2023. The plumber resolved the blockage, fitted a new toilet, completed an environmental clean of the property and removed the lino in the bathroom. The landlord arranged for the resident to be decanted out of the property for 19 and 20 September 2023 while the cleaning work was completed.
The landlord issued a stage 1 complaint response regarding its handling of the blocked toilet on 22 September 2023. It acknowledged that its service had fallen short when responding to the emergency repair and it apologised to the resident. The landlord stated that it would book an appointment for new flooring to be installed as soon as possible. The landlord issued a stage 2 complaint response regarding its handling of the blocked toilet on 1 November 2023. It explained that it still intended to replace the bathroom floor and skirting boards, but the appointments had so far been unsuccessful due to no access. The landlord offered £250 in compensation, £81 for the bathroom and the resident’s daughter’s bedroom being unhabitable for 4 days and an additional payment of £49 for the cost of running the dehumidifier.
The landlord issued its stage 2 response on 27 September 2023 (following the escalation in June 2023). It said the resident was unhappy about repairs not being addressed, including: to the leak and damp in the bathroom; damp in the hallway; and the security of the balcony door. It had spoken with her 21 June 2023 but, due to her raising additional issues, it had arranged for additional inspections to take place and this had delayed its response.
The landlord explained that a surveyor had attended on 26 May 2023, when it found no damp or mould, and 22 July 2023, when it noted:
1. Staining behind the bath panel from a leak but it was now dry; although the bath panel could do with being changed.
2. In the bathroom, the toilet syphon should be repaired, stain block added to the corners of the room, add silicone to the lino and replace the door handle.
3. In the kitchen, there were some defective cabinet hinges, 1 base unit end panel needed replacing along with a kick board.
4. A wet patch found on the floor in the hallway on 26 May 2023 was not there on 22 July 2023.
5. There was no damp or mould, having inspected all rooms. The surveyor did find the balcony door had dropped so created a job to adjust it.
The inspection found no leaks but there was a small amount of mould in the bathroom from overspill of which was treated. The kickboards to the kitchen units were ordered and were being fitted on 19 September 2023. It also replaced the hallway flooring as a gesture of goodwill at a cost of £911.88. It did not uphold the complaint as, although there was staining from a leak and an overspill in the bath, the moisture readings were at a level that it would expect to find. In the hallway there was no damp but there was a dry residue on the carpet surface. It could not link the resident’s daughter’s asthma issues to the property having carried out a thorough investigation.
The landlord has said the resident’s daughter’s bedroom carpet was environmentally cleaned on 19 September 2023, as was the bathroom flooring. An order was raised to replace the bathroom flooring on 1 October 2023 and an operative contacted the resident to make an appointment on 31 October 2023, but received no response.
On 28 November 2023, the resident reported having no heating or hot water. Planning called to book an appointment but there was no answer. Planning called again on 30 November 2023 but got no answer. An engineer called the resident on 5 December 2023 about attending but was advised the boiler was working so no visit was needed.
On 22 December 2023, the resident reported that the balcony door was damaged and not working correctly. An operative attended on 15 January 2024. They confirmed that the balcony door was warped and damage appeared to have been caused by the scaffolders. The landlord agreed to replace the balcony doors and raised an order on 20 February 2024.
In the meantime, the landlord delivered temporary heaters on 14 January 2024 as there was no heating or hot water. An engineer attended on 16 January 2024 and it is recorded that parts were needed. It is not known if or when the operative returned.
However, on 26 January 2024 no heating or hot water was reported again. Heaters were delivered the same day and an engineer attended on 30 January 2024. It found the “isolation on flow from district was partially closed”. It removed the isolated district, cleaned the filter and flushed out the unit. It checked the actuators and “replaced seals on drain offs”. The heating and hot water were then working.
Having been unable to arrange a time with the resident to replace the bathroom flooring, the resident got in touch with the operative on 2 February 2024 and the work was then completed on 12 February 2024.

Assessment and findings

Leak in the bathroom which caused damp and mould

The leak reported was in relation to the toilet and under the bath. However, there was also an issue with the toilet spilling over when flushed, causing damage to the bathroom, a bedroom next door and the hallway.
The landlord’s Responsive Repairs policy says emergency repairs should be attended within 2 hours and completed within 24 hours; but some work may take longer. An out of hours emergency should be responded to within 4 hours and non-urgent repairs to be carried out within 28 calendar days.
The landlord’s Condensation, damp and mould policy 2023 says it will carry out investigations of all condensation, damp and mould reports and use an independent surveyor if needed. It will then take initial action on any recommendations within 10 working days and complete condensation, damp, and mould repairs within 20 working days and prioritise works based on risk.
The landlord complied with its obligations by responding to the leak reported in March 2023 on the same day. However, it is apparent the resident continued to raise issues with there being other leaks which she said were causing damp and mould, and ultimately affecting her child’s health.
It is important to explain at the outset that, whilst this service is an alternative to the courts, it is unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health. Nor can it calculate or award damages in the way that a court might. The Ombudsman is therefore unable to consider the personal injury aspects of the resident’s complaint. These matters are better suited to consideration by a court or via a personal injury claim (reflected at paragraph 42(f) of the Scheme).
From April 2023, the resident claims to have moved out of the property for about 9 weeks and stayed with her mother. The landlord arranged for a surveyor to attend on 26 May and 22 July 2023, and in August 2023, in order to assess if there was a leak/damp and mould. Minor mould growth due to water spillage was identified, but nothing more serious, and the landlord then acted promptly by arranging for the resident to be decanted while a mould wash was carried out, along with repainting and other repairs; although it seems the resident may have already moved out temporarily by then in any event.
It was appropriate for the landlord to apologise for the delay in sending the resident a copy of the surveyor’s report and to set out the remedial work identified as being needed. However, the resident then made further reports of the toilet being blocked and waste going over the floor in her daughter’s bedroom. This was not dealt with as an emergency repair under the landlord’s Responsive Repairs policy, despite it being the only toilet at the property and it being a potential health risk. This led to the resident and her family being inconvenienced further, and moving out again, while the issue was looked in to; which is unacceptable.
The toilet was then replaced and bathroom repairs carried out. There was a delay in getting the bathroom flooring replaced; but the evidence shows the landlord was waiting for the resident to confirm when the work could be done. The landlord’s contractors attended on a number of occasions, but there was no access. The landlord contacted the resident in October 2023 in order to make arrangements for the flooring to be installed, but it did not receive the go-ahead from the resident until February 2024.
Overall, some minor damp was found and the landlord did take action to treat it. However, when the only toilet in the property was blocked, the landlord failed to attend and resolve the blockage until the resident raised a complaint. She was left for 4 days without a toilet. The toilet was also leaking waste water throughout the property. The landlord’s failure to appropriately respond to this emergency repair in a timely manner is a significant failing.
In the circumstances there has been maladministration. The landlord’s complaint responses in relation to the blocked toilet has acknowledged its failings and made some attempt to put things right but the compensation awards have failed to address the serious detriment to the resident and its offers are not proportionate to the failings identified by our investigation.. In the Ombudsman’s view, compensation of £400 would be appropriate, which takes in to account that the issues did not have a permanent impact on the resident, but did inconvenience her on more than one occasion.

Issues with the boiler and a lack of hot water

Having reported a lack of heating and hot water in April 2023, it took 2 days for the landlord to carry out a repair. While a further issue with the boiler seems to have rectified itself in November 2023, there were 2 additional reports of there being no heating and hot water, in January 2024. The landlord’s records are not clear as to what action if any was taken following the first visit in January 2024, but a repair was completed on 30 January 2024.
While the Ombudsman notes the landlord responded to reports of issues with the heating and hot water and promptly supplied the resident with heaters, it would have been reasonable for it to have treated it as an emergency repair. This is particularly true of the January 2024 reports, being in the winter months, and there having been a number of similar issues reported in the past.
The resident puts her exasperation of recurring heating issues as one of the reasons she moved out of the property and the Ombudsman appreciates it may have been a factor. Although the landlord did ensure steps were taken to remedy problems when they occurred, as well as treating the January 2024 reports as an emergency, it would have been prudent for it to have considered reviewing the whole central heating system, to see if there was an underlying issue as to why it kept failing, in order to prevent further issues occurring. This may have given the resident confidence her concerns were being taken seriously.
Overall, it is important to note the landlord did address the issues reported with the boiler and hot water, but it could have done more to prioritise the remedial works and to investigate whether there was a wider issue that needed considering. This amounts to service failure, and to recognise the frustration caused to the resident as a result, compensation of £125 should be paid.

Lack of security of the balcony door

The resident raised complaints with the landlord on 13 and 14 April 2023. Included within the complaint, the resident explained that someone, using the scaffolding erected around the building, tried to gain access to her property through her balcony door; which had not been fixed properly since she reported a problem in 2021.
The landlord’s housing officer visited the property on 21 April 2023 and noted that the balcony doors required fixing to ‘make safe’ following the break in attempt. The landlord’s operative attended the same day, but the scaffolding was preventing clear access to the door. The landlord has provided a repair record which indicates that its operative attended again on 24 April 2023 and, following the removal of a scaffolding pole, they changed the lock to the balcony door to allow it to be secured. However, it appears to have been a temporary measure as the operative noted ‘but this door needs to rebook for the relevant adjustments to be made’. The landlord’s internal email correspondence on 2 May 2023 indicates that the resident reported to the landlord that the balcony door could only be secured from the inside and therefore remained insecure. The resident also explained that she did not feel safe to live in the property and was staying with family.
The landlord’s stage 2 complaint response dated 27 September 2023 appears to acknowledge that the repair to the balcony door in April 2023 was a temporary measure. It notes that the operative ‘raised a work order for it to be adjusted’. The follow up appointment was booked for 11 May 2024, but the resident cancelled. The landlord’s operative attended on 25 May 2024 and completed additional adjustments to the door. The landlord’s surveyor inspected the property on 22 July 2023 and within the recommended works, they noted that the balcony door required adjustment ‘as lock stile has dropped’. It is not clear if this work was completed during the remedial works that were done in August 2022.
On 22 December 2023, the resident reported that the balcony door was damaged and not working correctly. An operative attended on 15 January 2024. They confirmed that the balcony door was warped and damage appeared to have been caused by the scaffolders. The landlord agreed to replace the balcony doors and raised an order on 20 February 2024.
The available evidence indicates that the door was made safe in May 2023. Although the landlord took appropriate action in relation to the balcony door, the time taken for the landlord to complete the repair is of concern. It is acknowledged that the resident was not living at the property for some of the period and the scaffolding also caused access issues for the landlord; however, the landlord should have responded to the balcony door defect as an emergency repair. It failed to do so and the lack of security coupled with the recent break in attempt, caused the resident considerable alarm and distress. This resulted in the resident moving out of the property.
The landlord should have attended as an emergency repair following the resident’s complaint on 13 April 2023. Although it attempted to repair the door on 21 April 2023 and applied a temporary fix on 24 April 2023, the landlord also failed to arrange an emergency follow-up appointment. This work was not completed until 25 May 2024. Given the recent break in attempt, this is an unreasonable delay to guarantee the security of the property. This is indicative of maladministration. To recognise the delay in adjusting the door, the landlord should pay the resident £200 compensation.

Handling of the complaint

The landlord’s Complaints policy says there are 2 stages of the complaints process. At stage 1 complaints will be acknowledged within 5 working days and responded to within 10 working days. Stage 2 complaints will be responded to within 20 working days. However, an extension may be needed at either stage, which would be a maximum of a further 10 working days.
The landlord’s stage 1 response was sent within 10 working days; ensuring it complied with the timescales in its Complaints policy. However, despite acknowledging the complaint had been escalated to stage 2 on 16 June 2023, it took the landlord 73 working days to issue its stage 2 response, which is unacceptable. The response itself did address the complaint made, but failed to accept the delay in responding to the complaint. It also failed to agree an extension with the resident either. This amounts to maladministration.
When responding to the complaint at stage 2, the landlord should have acknowledged its oversight to respond in a timely way, and considered making an offer of compensation at the time, in line with its Compensation policy. By not doing that, it shows the landlord failed to learn from its mistake and to refer to its Compensation policy when considering an appropriate remedy.
Having said that, there is no evidence of the resident having to chase the landlord for a response so the impact on the resident is very limited; something taken in to account when assessing a suitable remedy, which in this case amounts to compensation of £150.

Determination (decision)

In accordance with paragraph 52 of the Scheme, there was:
1. Maladministration in the landlord’s handling of the resident’s reports of:
  1. A leak in the bathroom which caused damp and mould.
  2. The lack of security of the balcony door.
  3. The handling of their formal complaint.
2. Service failure in the landlord’s handling of issues with the boiler and a lack of hot water.

Orders and recommendations

Orders

Within 4 weeks the landlord is ordered to:
1. Apologise to the resident for the poor service identified in this report.
2. Pay the resident compensation of £1,005 broken down as follows:
  1. £400 for the delay in repairing a blocked toilet and the distress and inconvenience caused (this amount includes the £250 already offered by the landlord).
  2. £81 for the bathroom and the resident’s daughter’s bedroom being uninhabitable for 4 days (as previously offered by the landlord).
  3. £49 for reimbursement costs of running the dehumidifier (as previously offered by the landlord).
  4. £125 for not treating the lack of heating and hot water as an emergency.
  5. £200 for the delay adjusting the balcony door.
  6. £150 for the delay issuing a stage 2 response.