Waltham Forest Council (202228827)

REPORT

COMPLAINT 202228827

Waltham Forest Council

8 August 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. Repairs
2. Damp and mould
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident has occupied the property, a 3 bedroom terraced house, on a secure tenancy, since 2004, with her 2 children. The landlord is a local authority.

Summary of events

The landlord wrote to the resident on 3 January 2020 following an inspection, setting out various works identified by a surveyor. This included works to 2 extractor fans, bathroom flooring and tiling, fluid push-button, kitchen window sealant, plastering in living room and bedroom, the front door, and insulation around the eaves.
The landlord attempted to carry out repairs on 24 February and 6 March 2020 but was unable to gain access. The push-button was repaired on 11 March 2020 and the landlord’s repairs log states it completed the last work order on 17 June 2020. This included replacing the flooring and layboard, removing and renewing plaster, fitting new tiles and resealing in the bathroom.
When responding to the complaint, the dates when work was completed changed. The landlord later explained that: the removal of the plaster had a target completion date of 13 July 2020, but was completed on 10 March 2021; the front door was replaced on 9 December 2021; and the eaves insultation was completed on 5 July 2022.
In the meantime, on 22 June 2021, a works order was created to send a plasterer, as the resident had put her foot through a ceiling. This was recorded as resolved on 10 November 2022. On 9 September 2021 the bathroom fan was replaced, along with an outside grill.
The landlord created a works order on 28 April 2022 for the roof to be inspected to identify the source of water ingress, removal of solar panels for inspection, and laying insulation in the loft. The Repairs Log says this work was completed by 5 July 2022.
The resident complained to the landlord on 16 August 2022. She said there were outstanding repairs that had been reported in 2019, including: a mark on her son’s bedroom ceiling; water damage on a bedroom/front room wall; marks in all bedrooms as the eaves were not properly insulated; cupboard back in the kitchen; replace garden fence/remove Japanese knotweed; decorate hallway ceiling; and investigate next door’s chimney breast. She accepted that the pandemic had caused delays but she had recently been told there was a lack of funds for plastering and decorating, and there were times she had not been informed when contractors were attending.
In the landlord’s stage 1 response of 15 September 2022, it confirmed that there had been delays due to the pandemic, but said the resident should have been updated. It was going to arrange for the work to be prioritised and pay her £200 compensation for the inconvenience and time and trouble.
On 2 November 2022 the landlord recorded that the electrics in the bedroom and kitchen were sparking and a repair took place the same day. A further works order was created on 8 November 2022, listing repairs to plastering, redecoration in several rooms, loose bath and tiling in the bathroom, thermal boarding in a bedroom, and insulating the loft.
It is not clear when the complaint was escalated to stage 2, but the landlord issued its stage 2 response on 10 November 2022. It noted a surveyor had attended in January 2020 and drafted a schedule of works setting out required repairs, and this was passed to its contractor. It said delays had been attributed to the pandemic but this should not be an excuse as lockdown did not happen until March 2020. Therefore, there was time before that for the work to have been done. It noted the resident had not been told that during the pandemic, it was only carrying out emergency repairs.
The landlord noted that a further inspection was carried out in November 2022, when most, if not all, repairs from 2020 had been completed. However, it identified new repairs that needed addressing. It was therefore arranging for these to be dealt with and some included investigating issues in a neighbouring property. The landlord accepted there had been some delays in completing the work which may or may not have been due to the pandemic restrictions and it apologised for that.
In addition to the £200 compensation it had already paid, it agreed to pay another £250 (£100 for delay and £150 for concern or inconvenience). It also said all outstanding work should be completed by no later than 31 December 2022 and a post-work inspection should take place by no later than 13 January 2023. It then listed the additional work that the resident had reported and would be addressed.
The resident contacted the landlord on 3 and 8 December 2022 and updated it on the works that had been carried out. She explained:
1. Work had been scheduled for 1 and 2 December 2022, but had taken a week and the bathroom, bedroom 1 and hallway were incomplete.
2. She had had no heating for a few days and the radiators in the kitchen and bathroom were still not working. It had been disruptive and they had had to shower elsewhere.
3. In the bathroom, the bath was not refixed, so it was still loose, the tiles were uneven, the floor was not tiled and the shower had been fitted too high.
4. The painting was poor in the living room.
5. In bedroom 3, there was an issue with the windowsill and skirting had been put back on poorly. The ceiling was meant to be boarded, but it was just painted.
On 5 and 9 December 2022 internal emails were sent by landlord staff. The first mentioned it needed to see if alternative heating could be provided. The later email referred to the contractor making “a bit of mess of the works” and that the resident needed to be contacted and advised how the issues were going to be resolved. It also recorded a work order to address the lack of heat on 11 December 2022.
The landlord has since told this Service it does not believe the resident was without heating or hot water, because its records show that:
1. On 6 December 2022 the lounge and bedroom radiators were removed but were working when the operative left.
2. The same radiators were rehung on 8 December 2022 but were working when the operative left.
3. There was no report of there being no hot water or heating on 11 December 2022.
4. A job was created as the kitchen and bathroom radiators were not working, but the job was cancelled on 13 December 2022 as the resident reported they started working.
5. On 15 December 2022 an operative attended as the resident was having to top up the boiler every day. An issue with the sensor being faulty was identified and remedied and a new thermostat was fitted.
The landlord has said that on 20 December 2022 thermal boarding was fitted in the hallway and bedroom 1. In addition, there was redecoration done in the living room, bedroom 1 and bedroom 3, as well as some tiling in the bathroom and the bath was noted as being refixed. The resident signed an inspection report dated 21 December 2022 confirming the bath had been refixed on 8 December 2022; however, it was recommended a new bath be fitted.
On 24 April 2023 the resident told this Service that a number of issues remained unresolved, including repairs to: the front door; front room walls; kitchen cupboards; bath and bathroom tiling; and bedroom 1 walls and sockets. She said an inspection was due to take place to check next door’s chimney breasts and if they had been removed to see if was affecting the property. Further, knotweed was detected in next door’s garden and some had got in to the resident’s garden, but there has been no treatment since the pandemic.
The resident escalated her concerns about repairs from December 2022 being outstanding, to her local councillor and MP, on 14 August 2023. This led to the landlord arranging an inspection for 24 August 2023. The MP advised the landlord on 7 September 2023 that the inspection had taken place but the resident had heard nothing further.
The landlord arranged another visit on 15 September 2023 and noted that further work was still required, including: mould wash and socket test in lounge, renewing kitchen cupboard; sealing windows and renewing handles; and redecorating the front bedroom ceiling. The operative mentioned that the neighbour may have removed their chimney and this may have caused a damp patch to the wall in the lounge. It had checked the bathroom but could see no obvious signs which would cause the damp to the lounge wall.
The landlord created a job on 21 September 2023 for another inspection to be carried out because, despite the findings of 24 August 2023, no works had been scheduled. It asked for the inspection to look for damp and mould and to look at a bedroom ceiling that had apparently not been fully painted.
An update was sent to the MP on 27 September 2023. They were told a work order to address the front bedroom ceiling and do a mould wash had been raised, and that damp in the lounge was likely caused by the neighbour’s chimney having been removed. On the same day, a work order was placed to address the various outstanding issues (as detailed above) and the repairs log says this work was completed on 9 October 2023.
The resident complained to the landlord again on 8 January 2024 that there was still damp and mould, the bath was never taken out and refixed so it remained loose, and the shower head was fixed too high.
On 10 January 2024 the resident told this Service that she had just discovered damp and mould in her daughter’s bedroom behind the wardrobe. She said she had cleaned the mould but her daughter was sleeping downstairs as she had a cough.
The landlord issued another stage 1 response on 22 January 2024, regarding: damp and mould in the living room; the bath not being taken out and refixed; and the shower head being too high. It acknowledged that, following the inspection in August 2023, it had failed to raise the required works and this had caused inconvenience to the resident. It had also failed to determine whether the removal of the neighbour’s chimney breast was causing the damp and mould at her property.
The landlord said it had passed the matter to its damp and mould taskforce so it could take steps to arrange for an inspection to evaluate the damp and mould damage. In the meantime, it had also asked the contractor to re-site the shower head to be accessible and refix the loose bath. It offered an additional £225 compensation (£75 for delays, £100 for distress and inconvenience, and £50 for time and trouble).
A contractor attended on 29 January 2024 to adjust the shower head height. It noted the bath legs had eroded and snapped and a new bath was needed. The Repairs Log records on 5 February 2024, the landlord creating a job to install thermal boards, redecorate and treat the damp and mould. The thermal boards were installed on 11 March 2024 and the job was marked completed on 13 April 2024.
On 24 April 2024 the landlord recorded the resident reporting the fan in the bathroom was not working correctly.
The resident told this Service on 14 May 2024 that she was still waiting for her bath to be replaced and hoped it would happen on 20 May 2024. She said the layboard had been fitted but her bathroom extractor fan was damaged and needed to be replaced. She was also unaware whether an inspection of her neighbour’s property had taken place.
An internal email sent by landlord staff on 9 May 2024 confirmed work was to be carried out on 20 May 2024; that being, replacing the bath, altering the shower head, securing the bath legs and dealing with the mould. The landlord fitted a new fan in the bathroom on 16 May 2024.
The landlord said an inspection was carried out on 20 May 2024 and a bath replacement was required along with a shower mixer tap, side board panel, back board panel and bath edge tiles. The landlord has confirmed a bath replacement was scheduled for 10 July 2024 but there is no evidence of it having inspected the neighbouring property.
The resident has told this Service on 18 June 2024, that despite thermal boards being installed, damp is starting to come through the walls again.

Assessment and findings

Landlord’s handling of repairs

The landlord’s Repairs policy and process says it is responsible for the structure of the property, including external doors, baths, pipes, electrics, walls, window frames etc. It says emergency repairs should be carried out within 2 hours, 4 hours or 24 hours dependent on the emergency. Mechanical, electrical and heating repairs should be attended to within 24 hours or next working day and repairs carried out within 3 days following an initial call out. Prompt but non-emergency repairs should be attended to within 5 calendar days and routine appointments can take up to 21 calendar days; unless they are costly and may take 45 calendar days.
Numerous repairs have been reported by the resident over the years but not all have been subject to a complaint. The landlord has accepted that, although the pandemic affected the work it was doing, in this case, many repairs were identified in January 2020. Therefore, they should have been done in line with its Repairs policy, but evidently were not. The landlord has also accepted that the resident was not told it was only carrying out emergency repairs during the pandemic, so her expectations were not properly managed.
The resident has said there were also times when she was not told contractors would be attending. No evidence has been provided to show the landlord made the resident aware of all appointments, but it has said there were times when contractors could not gain access. It is not possible to tell however, whether this was because the resident had not been informed somebody was attending, or not.
As well as accepting its communication could have been improved, the landlord also acknowledged delays in dealing with repairs. Some of the delays were extensive. For example, it took 30 months to deal with the insulation in the eaves, 20 months to renew the bathroom extractor fan and 23 months to replace the entrance door. The landlord therefore failed to adhere to the timescales set out in its Repairs policy and, even allowing some leeway for the pandemic, these timescales are unacceptable. Particularly as the resident had not been told to expect a delay in carrying out the repairs, which clearly caused her frustration, resulting in her complaining about the length of time things were taking.
By November 2022 most of the repairs had been completed. It seems the work outstanding that formed part of the original complaint was a repair to the bedroom ceiling, water damage to a wall in the living room and a possible leak/damp from the neighbouring property as they had removed their chimney breast.
The landlord did then agree to look at additional issues that had more recently been reported and said all outstanding work should be completed by no later than 31 December 2022 and a post-work inspection should take place by no later than 13 January 2023. It was around this time that a significant repair was also reported in relation to the bath, which needed to be refixed.
The landlord did carry out work as agreed in December 2022. During this period, the resident said she was left without heating and hot water for several days, something the landlord disputes. However, internal emails sent by landlord staff at the time show it had concerns over the work done and it created a work order to address the lack of heating on 11 December 2022. This shows the resident did report on 8 December 2022 that there was no heating in the kitchen and bathroom as she says.
The landlord’s Repairs policy says mechanical, electrical and heating repairs should be attended to within 24 hours or the next working day. Although the job was cancelled on 13 December 2022, as the radiators apparently started to work, it is clear the landlord again failed to adhere to the timescales in its Repairs policy, which is unacceptable.
The repairs were signed off by the resident on 21 December 2022. Therefore, the landlord did ensure the repairs it promised to do at stage 2 were done on time. This included refixing the bath; although it was noted at that time, that it ought to be replaced.
Overall, the delays in carrying out repairs identified in January 2020, were unreasonable. Even taking in to account the pandemic, some of the repairs took years to complete. Had the resident been told only emergency repairs were being done during the pandemic, her expectations would have been properly managed; so the landlord’s poor communication clearly inconvenienced her.
The additional repairs that were noted in April 2023, were scheduled in and recorded as having been fully addressed by October 2023. While these were handled more quickly, they still were not dealt with in accordance with the landlord’s Repairs policy, which says routine repairs could take up to 45 calendar days.
The landlord accepted in January 2024 that it had failed to raise the required works orders after the inspection in August 2023. The resident was therefore further inconvenienced by this and having to chase the landlord. This was something she had to continue to do, because despite the landlord being told in December 2022 that the bath needed replacing, it failed to schedule the replacement until 10 July 2024; some 20 months later, which is unacceptable. Despite having acknowledged deficiencies in its service in 2022, the fact the landlord went on to overlook further repairs, shows it failed to learn from its mistakes.
There have been extensive delays in dealing with some repairs, which the landlord did accept when it addressed complaints in 2022 and 2024. It has made offers of compensation to the resident in response to the overall complaint, amounting to £675, but it is not possible to attribute a specific amount to just this issue. Due to the length of time some of the repairs took, the poor communication, and the inconvenience caused to the resident, an appropriate order has been made, while taking in to account the compensation already offered.
Taking everything in to account, to acknowledge the long term frustration caused to the resident as a result of the delayed repairs, the landlord should pay the resident £500 compensation. This recognises that the poor service identified has not been permanent, but certainly has been significant. An Order has also been made to ensure the bath is replaced, if not done so already.

Reports of damp and mould

Mould was first mentioned in the landlord’s records in January 2020, and the Ombudsman has been provided with photographs that show extensive damp and mould on the walls. The landlord took steps to remove plaster and renew it, along with other works, that were noted on its Repairs Log as completed in June 2020. However, the landlord has actually said the removal of the plaster was completed on 10 March 2021.
The landlord’s records are not clear, and this is something that has been noted during this investigation, that it needs to review. Its Repairs Log sets out the details of a job but does not then mention what steps were taken to address each issue. It is therefore not clear whether access was obtained, the repair was carried out, and how or if, the problem was fixed or whether further work was needed.
The landlord did renew the bathroom fan, to assist with ventilation. This repair was logged along with others before the pandemic, so should have been acted upon promptly; however, it took 20 months for it to complete that work, which amounts to significant delay and was certainly not in line with its Repairs policy. As mentioned earlier, the landlord has accepted there were delays in repairs and in its communication, but when reports of damp and mould are made, this Service expects a landlord to act quickly.
In this case, the landlord says it took a proactive stance in dealing with mould; but, the evidence does not support that. This Service’s Spotlight on Damp and Mould report, it’s not lifestyle (October 2021) says landlords should adopt a zero-tolerance approach to damp and mould interventions and ensure that responses to such reports are timely and reflect the urgency of the issue. It also says a landlord should ensure its staff and contractors have appropriate expertise to properly diagnose and respond to reports of damp and mould.
Apart from removing some plaster and renewing a fan, the only mention of the landlord investigating a possible source of the damp was in 2022, when it mentioned that the damp may have been caused by the neighbour next door removing their chimney breast. It said it was going to inspect next door in order to identify whether it was the cause of the damp. In addition, it also created a job in April 2022 to inspect the roof and for a solar panel to be removed to ascertain the source of water ingress to the bedroom. However, the lack of information on the Repairs Log means it is not clear what was found and what action, if any, was then taken.
It is clear though, that the landlord failed to carry out an inspection of the neighbouring property, as it said it would in 2022. As a result of the resident complaining, she was again told in January 2024 it would arrange to evaluate whether the damp and mould was being caused by next door and it had passed the matter to its damp and mould taskforce to arrange the inspection. However, the landlord has since confirmed there is no evidence an inspection of the neighbouring property was carried out. This shows it failed to adhere to its promises since 2022, and is another example of it repeating the same mistakes.
In the meantime, the resident has continued to report ongoing issues with damp and mould. When asked what action the landlord has taken to establish the cause, it has said it installed thermal boarding to prevent damp and renewed a fan to help with ventilation. Applying thermal boards can provide a barrier against moisture, preventing the growth of mould and mildew. A mould wash can also help improve living conditions; but it does not address the source of the issue and is indicative of the landlord not arranging for people with the appropriate expertise to diagnose the cause of the problem. Therefore, it is not unexpected to hear from the resident that she is still having issues with damp and mould, and that there is still an underlying problem that needs addressing.
The landlord’s handling of the damp and mould amounts to maladministration. As it has failed to get to the source of the damp and mould, and had ample opportunity to inspect the neighbouring property, it should now arrange an independent survey of both properties to identify the source of the damp. It should then carry out any remedial works recommended.
As mentioned earlier, the landlord has offered some general compensation in recognition of delays, inconvenience and time and trouble. Its Compensation policy says any payment for time and trouble is unlikely to be below £100 or more than £300. The amount offered does not sufficiently recognise the impact its failures have had on the resident. Having considered this Service’s remedies guidance, an order has been made for the landlord to pay the resident £600 compensation, to take in to account the length of time this issue has been ongoing, and that it remains unresolved.

Landlord’s complaint handling

The landlord’s Corporate Complaints Procedure says it had up to 20 working days to respond to a Stage 1 complaint. If a complaint is escalated to stage 2, its policy says “once the customer has agreed the details of the complaint, the complaint can be logged and the performance timeframe (25 working days) for the response commences”.
The Corporate Complaints Procedure is not in line with this Service’s Complaints Handling Code (the Code) and this is something the landlord should now be reviewing. However, in any event, its stage 1 response was issued 22 working days after the complaint was made and there is no evidence the resident was told a response would be issued late. It therefore failed to adhere to its own timescales for responding.
This Service has been unable to establish when the resident asked for the complaint to be escalated to stage 2. Therefore, while it is clear a stage 2 response was sent, it is not possible to say whether it was sent in line with the timescales set out in its Corporate Complaints Procedure. It did provide a response to a further complaint in January 2024 which was issued within 10 working days which is entirely reasonable. It seems, therefore, that there was only a slight delay in the landlord responding to the initial complaint, but this was relatively minor and caused very little detriment to the resident. As a result, a finding of no maladministration is made.
With regard to the landlord’s complaints procedure not being in line with the Code, it now has a statutory obligation to ensure such compliance and this is monitored by a dedicated team within the Ombudsman. As a result, no recommendation is made in that regard, but the landlord should take steps to ensure that it is aware of, and complying with, its obligations in relation to the Code.

Determination (decision)

In accordance with paragraph 52 of the Scheme, there was:
1. Maladministration in relation to the landlord’s handling of the resident’s reports of:
  1. Repairs.
  2. Damp and mould.
2. No maladministration in relation to the landlord’s handling of the complaint.

Orders and recommendations

Orders

Within four weeks of the date of this report, the landlord is ordered to:
1. Apologise to the resident for the failings identified by this investigation.
2. Pay the resident a total of £1,100, comprised of:
  1. £500 for the delays in carrying out repairs.
  2. £600 for failing to identify the source of the damp and mould.

This compensation is in addition to the compensation previously offered in the landlord’s complaint responses, which it must also pay if it has not already done so. This compensation must be paid directly to the resident and not applied to their rent account, unless she requests this.

Review how it records all work carried out, to ensure its Repairs Log captures when a resident is notified of an appointment and clearly states exactly what happened at each visit and if further work is needed.
Carry out an independent survey in to the damp at the property and the neighbouring property. Within 4 weeks of the survey, the landlord should have completed any recommended remedial works.
Replace the bath at the property, if this has not already been done.