Town and Country Housing (202333895)

REPORT

COMPLAINT 202333895

Town and Country Housing

31 January 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.

The complaint

The complaint is about the landlord’s handling of the resident’s reports of:
1. Water ingress, the associated damp, and damp repairs.
2. Window repairs.
The Ombudsman has also considered the landlord’s handling of the resident’s complaint.

Background

The resident is an assured tenant of the landlord under an agreement dated November 2009. She lives in a three bedroom house.
According to the landlord’s records, the resident reported issues with damp in her home in March, August, and December 2022. An inspection was then carried out by the landlord’s surveyor in January 2023 to identify what works were needed to resolve the problem. The inspection set out recommendations for repairs, remedial work, damp and mould treatments including damp proofing, and insulation improvements.
The resident raised a complaint on 18 September 2023. She complained that despite the works identified in the January 2023 inspection, damp proofing and remedial works to her hallway remained outstanding. She also said that the surveyor had identified that the windows were old and not locking properly, and that a window for one of the small rooms in her home had been measured for replacement, but the replacement had never been installed.
The landlord responded at stage one of its complaints process on 1 November 2023. It said:
1. Its records showed that the resident had previously complained in August 2022 about outstanding repairs, and it had arranged a surveyor inspection in January 2023 to identify them.
2. Its previous complaint handler left its employment in January 2023, and not all the repairs were actioned as a result.
3. It apologised for the delay in works being carried out, and said it would arrange for a surveyor to attend on 8 November 2023 to check what work remained outstanding from its previous inspection.
4. It was upholding the resident’s complaint, and offering £250 in compensation for the delays.
On 9 February 2024, the resident asked the landlord to escalate her complaint. She said that a lot of work had been completed on outside drainage, but a large number of internal works remained outstanding, and she had received no update on her queries about the windows.
The landlord issued its final response on 9 May 2024. It said:
1. It had carried out checks for damp in cavity wall insulation, and carried out various waterproofing works to resolve the damp problem.
2. It was noted that ventilation had been plastered over, and was subsequently reinstated on 8 January 2024.
3. New drainage was also installed externally, which should resolve any further damp.
4. It was sorry there had been delays with replastering and repainting the interior, and delays had been caused by high demand. A contractor would attend on 31 May 2024 to carry out the work.
5. It had looked into the windows, and cyclical work was scheduled for 2028, with window replacement scheduled for 2041. If replacement was required before then, it would be identified by its contractor. It also said its contractor would get in touch with the resident about the small room window replacement.
6. It was upholding the complaint for repair delays, and re-offering the £250 in compensation previously offered.
The resident remains dissatisfied with the landlord’s response. When she contacted this Service in January 2025, she said that water ingress was still occurring, damp was spreading in her stairwell, and window replacement remained outstanding. To resolve her complaint, she wanted the outstanding works completed and redecoration due to the impact of damp. In addition, she wanted an investigation into the water ingress and a permanent resolution for the issue. She also wanted the windows at the property to be replaced, and compensation.

Assessment and findings

The landlord’s handling of the resident’s reports of water ingress, the associated damp, and damp repairs

The Ombudsman’s Spotlight Report on Damp and Mould provides recommendations for landlords, including that they should “adopt a zero-tolerance approach to damp and mould.”
The landlord’s own self assessment from March 2023 against the Spotlight Report states that it has fully implemented a new damp and mould policy. The policy, available on the landlord’s website, states that:
1. The landlord will respond to resident enquires about damp within 10 working days.
2. The landlord will investigate all reports of damp and correctly diagnose the cause.
3. The landlord will use an independent surveyor if results of any investigations are unclear, and will act on any recommendations within 10 working days. This includes instructing contractors to complete work or writing to the resident to explain what will be done.
4. The landlord will complete damp repairs within 20 working days.
According to the landlord’s repair records, prior to the resident’s formal complaint, the following repair requests were raised:
1. A request to carry out work to stop water penetration, raised on 28 September 2022. It is not clear from the information provided what the work was, or if it was carried out
2. A request to carry out a mould wash, and unblock a kitchen vent, raised on 13 October 2022. During this visit, the contractor unblocked the vent, and agreed with the resident that there was no mould present, but some stains around the front door caused by damp ingress.
3. A request to carry out a clean and flush of the gutter at the front of the property was raised and subsequently cancelled by the landlord on 31 October 2022. From the information available, it is unclear why.
During the landlord’s visual inspection of the resident’s home on 18 January 2023, it found:
1. Water marks and penetrating damp in the hall.
2. A damp patch and flaking paint in the stairwell.
3. A canopy above the front entrance that was in poor condition, and likely causing dampness.
Recommendations were also made in the inspection for damp remedial works, damp proofing, and improvements to the property’s insulation.
When the resident formally complained in September 2023, she said that damp proofing work remained outstanding following the inspection. In its stage 1 complaint response in November 2023, the landlord recognised that the work had not been actioned in error due to a staff member leaving. By this point, the damp problem had been ongoing for around 8 months, outside of its damp and mould policy timescales.
In January 2024, the landlord reinstated vents at the resident’s home that had been plastered over, renewed an outside path to stop water pooling, and carried out waterproofing and pointing work around the resident’s front door in an effort to remedy the damp issue. It also confirmed that 2 surveyors had carried out checks of her homes cavity wall insulation, and found it to be dry, and that new external drainage was fitted to the property. No date has been given for when these checks and installation were carried out, but the resident has confirmed that new drainage was installed at some point.
When the resident escalated her complaint in February 2024, the landlord contacted her to ask what work remained outstanding, and whether or not she had been contacted about the works due to take place. This indicates that the landlord did not have a clear understanding of the situation and what works had yet to be completed, which is concerning. The resident explained that the damp was persisting and needed an investigation, and that damp repairs in her hallway remained outstanding.
In its final response to her complaint, the landlord arranged for a contractor to attend on 31 May 2024 to carry out damp repairs, specifically replastering and repainting of the resident’s interior, which was completed. It apologised for the delays, and explained that they had been caused due to high demand on its services. However, it does not appear to have addressed the resident’s concerns that the damp was still an issue, or her request for a further inspection. It would have been reasonable for the landlord to acknowledge this and arrange a further inspection, given the resident’s concerns that the damp had not been resolved.
The landlord has also confirmed that the delays in following up on her reports were caused by staff leaving and general demand on its service. While some work was carried out to try and resolve damp and water ingress at the property, the problem remained, and the resident was left with water damage around her front door and up her stairs for over a year.
As a result the resident was caused prolonged distress and inconvenience by the delays, having to chase the landlord for responses, and wait for works to be carried out for an unreasonable length of time. The landlord failed to correctly determine the cause of the damp, and carry out any damp repair work in line with the timescales of its damp and mould policy. It was therefore responsible for maladministration in its handling of the resident’s reports of water ingress, the associated damp, and damp repairs.
The landlord’s customer feedback policy sets out that it will pay discretionary compensation of between £50 to £250 for minor disruption, time, trouble, and inconvenience. In its stage 1 response to the resident, it offered her £250 for the delayed repairs. This was appropriate at the time, however, in its later final response to the resident’s complaint, it failed to recognise the additional delay in the repairs being completed and ongoing damp problem, and offered no further compensation. Therefore, it failed to effectively try and put things right and it missed the opportunity to learn lessons from the outcome at the time of its original investigation. As such, it did not act in line with the Ombudsman’s Dispute Resolution Principles (to be fair, put things right, and learn from outcomes).
The Ombudsman has ordered the landlord to pay the resident £400, inclusive of the £250 it originally offered, to compensate her for the delay in completing the repairs, and the distress and inconvenience caused in her having to repeatedly pursue it for updates. The level of compensation awarded is in line with the Ombudsman’s remedies guidance where maladministration has been identified, which the landlord has not appropriately acknowledged or put right.
In her recent communication with this Service, the resident has said that water ingress is still occurring at her property. An additional order has therefore been made for the landlord to arrange an inspection of the damp problem at the resident’s home by a suitably qualified person, and identify a permanent fix to resolve it.

The landlord’s handling of window repairs

The landlord’s responsive repairs policy says:
1. Non-urgent repairs will be completed within 28 calendar days.
2. Larger works such as window replacements will generally be carried out as part of a planned programme.
In its January 2023 inspection, the landlord’s surveyor identified that the window for the resident’s small bedroom was in a poor condition, and recommended that it be overhauled. It was also noted that the ironmongery to windows throughout the property was poor and an installation of new handles would improve it. Additionally, the surveyor recorded that most of the windows were within the end of their serviceable life and should be added to a future replacement programme to be renewed within the next three to five years.
In its final response to the resident’s complaint, the landlord explained that the windows were scheduled in its programme of remedial works for 2028, and that a window replacement was scheduled for 2041, but that it would attend to them sooner if necessary. While this was a reasonable approach for the landlord to take, and in line with its responsive repairs policy, it did not acknowledge its surveyor’s report that the installation of new handles would be beneficial. There is no indication that the landlord followed up on any of these identified concerns following its surveyor’s report as it would have been expected to, given its responsibility for repairs according to its policy.
In addition, in its final response to the resident’s complaint in May 2024, the landlord confirmed that its contractor would be in touch with her to arrange the overhaul of the small bedroom window, but according to the resident as of November 2024, the work remained outstanding. This was around ten months after the issue had been identified, and the landlord has given no explanation for the delay.
While its policy states that windows are typically replaced as part of a larger programme of works, this was a recommendation for an overhaul of one small window as identified by its surveyor’s inspection. It is therefore reasonable that this should have been classed as a non-emergency repair, with a 28 working day target for completion as per the landlord’s policy. The delay means that the landlord did not fix or replace the window in adherence with its repair timescales, and was therefore responsible for maladministration in its handling of window repairs.
The landlord has been ordered to pay the resident £200 in compensation to recognise the delay in arranging window repairs. The delays meant that the resident had to chase the landlord for updates, and was caused prolonged distress while her concerns about the condition of the windows remained outstanding.
In her recent communication with this Service in January 2025, the resident explained that a contractor attended in December 2024, but thinks that they may have replaced the incorrect window. She has also raised concerns that three windows at the property have three different locks, each requiring a different key. An additional order has therefore been made below for the landlord to confirm with the resident what window it replaced. A recommendation has also been made for it to arrange a visit from its surveyor to investigate the resident’s concerns about the windows having different locking mechanisms.

The landlord’s handling of the resident’s complaint

The Ombudsman’s Complaint Handling Code (the Code) is a statutory guidance document that sets out the Ombudsman’s expectations for how landlords should handle complaints. The Code encourages landlords to adopt a positive complaint handling culture that enables them to resolve disputes, improve the quality of the service it provides to residents and ensure that complaints provide an opportunity for learning and positive improvement.
The landlord operates a 2 stage complaints process. In line with the Code, the landlord must acknowledge a complaint at stage 1 of its process within 5 working days and supply a written response within 10 working days from the date of acknowledgement. It must also acknowledge a stage 2 complaint within 5 working days and supply a written response within 20 working days.
The resident raised her stage 1 complaint on 18 September 2023, and it was acknowledged by the landlord on 20 September 2023, in adherence with the Code. It then issued its stage 1 response on 1 November 2023, 31 working days after the complaint acknowledgment. No explanation has been given for the delay, and there is no information to show the landlord told the resident there would be a delay in responding.
The resident escalated her complaint on 9 February 2024, and the landlord acknowledged it on 14 February 2024, in line with the Code. It then issued its stage 2 response on 9 May 2024, 60 working days after the complaint was acknowledged. Again, no explanation has been given for the delay, and there is no evidence that the resident was told there would be a delay in responding.
The Code states that that any delays in providing a complaint response must not exceed an additional 10 working days without good reason. The delays experienced by the resident prevented her from being able to bring her complaint to the Ombudsman Service for an unreasonable length of time.
The landlord failed to follow its complaint process causing further frustration for the resident in prolonging her complaints journey. Therefore, the Ombudsman finds that the landlord was responsible for maladministration in its complaint handling.
An order has been made below for the landlord to pay the resident £100 in compensation, to recognise the time and trouble linked to the unnecessary delays caused to her complaints journey. This is in line with the Ombudsman’s remedies guidance for failures which a landlord has failed to acknowledge or put right.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of water ingress, the associated damp, and damp repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of window repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s complaint.

Orders and Recommendations

Orders

The Ombudsman orders the landlord to, within 28 calendar days of the date of this determination:
1. Pay compensation to the resident of £700 made up of:
  1. £400 for the distress and inconvenience caused to the resident as a result of delayed repairs.
  2. £200 for the inconvenience caused to the resident by delays in carrying out window repairs.
  3. £100 for time and trouble linked to the unnecessary delays caused to the resident’s complaints journey.
  4. This is inclusive of the compensation previously offered by the landlord. And therefore the landlord may deduct from the total any compensation that may have already been paid in relation to the complaint.
The landlord should pay the compensation directly to the resident and not offset against any debt that may be owed.
The landlord must, within 28 days, arrange an inspection of the damp problem at the resident’s home by a suitably qualified person, and identify a permanent fix to resolve it. It must provide the resident and this Service with a copy of its findings.
The landlord must investigate and confirm to the resident what window has been replaced at her home.
The landlord must provide the Ombudsman with proof of compliance with the above orders.

Recommendations

The landlord should arrange a visit from its surveyor to investigate the resident’s concerns about the windows having different locking mechanisms.