Welwyn Hatfield Borough Council (202341441)

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REPORT

COMPLAINT 202341441

Welwyn Hatfield Borough Council

28 February 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

  1. The complaint concerns the landlord’s response to the resident’s report of an unsafe electricity meter in the outhouse due to damp and mould.

Background

  1. The resident holds a secure tenancy of a 1 bedroom bungalow. The property has an outhouse area which houses an electricity meter. The landlord is a local authority.
  2. The resident raised a stage 1 complaint with the landlord on 6 February 2024. He complained that the mould treatment that the landlord applied by to the walls in 2023 did not resolve the issue. He said that the backing board for the electric meter was damp and the meter was unsteady. The resident also raised concerns about the chemicals used for the mould treatment.
  3. On 12 March 2024 the landlord provided the resident with its stage 1 response. It said that the chemical solvents it had used in the property would not have caused the death of his dog and it determined that no further action was necessary.
  4. The resident escalated his complaint to stage 2 on 6 June 2024. He reiterated that the backboard to the electricity meter was unstable. He said that both the landlord and electricity provider would not accept responsibility for the work.
  5. On 4 July 2024 the landlord issued its stage 2 response to the resident. It concluded that the damp behind the backboard for the electricity meter had been addressed. It explained that it contacted the electricity network provider, who was responsible for the meter, who had been in contact with the resident.

Events after the end of the landlord’s complaints process

  1. The resident referred his complaint to us. He reported that damp and mould remained in the outhouse and the meter was still unsecure. He told us on 10 December 2024 that he wanted the repairs to the outhouse and electricity meter resolved and compensation towards redecorating costs.
  2. The resident informed this Service on 4 February 2025 that the landlord had visited that month and agreed to arrange a further mould wash treatment to the outhouse. He also stated that the electricity network provider inspected the meter several months ago, but he had not received any updates since.

Assessment and findings

Scope of investigation

  1. The resident’s initial complaint to the landlord on 6 February 2023 included a concern that the mould treatment that the landlord used was fatal to his dog. However, since bringing the complaint to us, he has confirmed that he no longer believes the treatment contributed to his dog’s passing. Therefore, this investigation has not considered the aspect of the complaint concerning the toxicity of the treatment used.
  2. In addition to the damp and mould in the outhouse the landlord completed mould treatment to other areas of the property. The resident’s complaint to the landlord focused solely on the outhouse. When the resident referred his complaint to us he confirmed that the treatment applied in the areas outside of the outhouse had resolved the issue.
  3. Therefore, this investigation has considered the landlord’s handling of the resident’s report about the damp and mould in the outhouse and his concern that this was causing the electricity meter to be unstable.

The landlord’s handling of the resident’s reports of the electricity meter in the outhouse being unsafe due to damp and mould

  1. The terms of the resident’s tenancy agreement state that the resident could be responsible for outbuildings. The agreement states that the landlord’s responsibilities, if any, for things such as outbuildings, would be attached as a schedule with the tenancy agreement.
  2. There is no attached schedule with the resident’s tenancy agreement that specifies the landlord’s maintenance responsibility for the outhouse. However evidence within the file shows that it has historically carried out work to the outhouse. Therefore it is apparent that the landlord has accepted the responsibility for repairs to the outbuilding.
  3. It is not clear when the resident first reported the issue of the electricity meter being unsafe due to damp and mould on the backboard. However, the landlord first carried out a property inspection on 9 November 2021 and it noted damp and mould within the meter cupboard.
  4. The inspection findings stated that the outhouse area was not a habitable space and improving the structure would be “technically difficult and the cost not justified.” The landlord found that the cupboard housing the utility meters had mould within it. The inspection report noted that the mounting board for the electricity meter was chipboard and was affected by damp. The landlord’s proposed actions to address this included either removing or ventilating the cupboard and raising an inspection of the electrics.
  5. The landlord issued a works order to remove the electricity cupboard on 13 December 2021. This was 25 working days after it had identified the issue and was therefore not in accordance with its repairs policy for either an urgent priority or a routine priority repair. It issued a further works order to complete boxing to the electric meter cupboard on 17 May 2023, 18 months after the first inspection, and a failing under its policy.
  6. On 13 December 2021 the landlord also raised a works order to apply a mould wash and stain block throughout the property. including the outhouse area. We have not been able to confirm if and when this was completed. On 21 November 2023 the landlord raised another order for a mould wash and stain block to the walls in the outhouse. While we have not been able to confirm the exact completion date, it is evident that the work was carried out sometime in 2023, as the resident acknowledged in his initial complaint.
  7. In his stage 1 complaint on 6 February 2024, the resident said that the backboard of the electricity meter was still damp and falling apart and the electricity meter was “not secure”. The landlord did not address this issue in its stage 1 response on 12 March 2024, which was unreasonable, and did not follow the Ombudsman’s dispute resolution principles of being fair and putting things right.
  8. The resident emailed the landlord on 6 June 2024 to escalate his complaint, and he said that the electricity meter was not secure. In its stage 2 response to the resident on 4 July 2024 the landlord said it had addressed the issue and contacted the electricity company on his behalf. It said it had been informed that the electricity company had been in contact with the resident and the matter had been resolved.
  9. However the resident informed us in December 2024 and February 2025 that the electricity meter was still not secure and the issue had not been resolved. The landlord informed this Service on 11 December 2024 that the electricity company had removed the meter to a more suitable place and had therefore resolved the issue.
  10. Overall there was maladministration in the landlord’s handling of this matter. The landlord was aware since November 2021 that damp was affecting the outhouse and the cupboard housing the electricity meter. However there is no evidence of it completing the mould wash and stain block to the outhouse until 2023, 2 years later. In addition to this it did not complete the remedial work to remove and replace the meter cupboard until 18 months after identifying the issue. Evidence from its 2021 inspection indicates that the landlord was aware the mounting board for the electricity supply was also affected by damp. However, there is no evidence that it offered the resident any assistance with this issue, by contacting electricity network provider, until 2024 several years after it was aware of the damp backing board to the meter.
  11. We have therefore made an order for the landlord to pay the resident compensation of £300 for the distress and inconvenience that he may have incurred as a result of the landlord’s response to the issues. This amount is within the range of awards set out in our remedies guidance for situations such as this where there was a failure that adversely affected the resident.
  12. There is no evidence to demonstrate that the situation is fully resolved as the information that we have received from the landlord and resident is conflicting. The resident has reported that the meter remains in the outhouse and unsecure on the wall due to ongoing damp and mould. The landlord however informed us that the meter was moved to a “more suitable place” although it is not clear where the meter was moved to and what evidence the landlord has received to satisfy itself of this.
  13. The resident informed us that an inspection of the outhouse was completed on 4 February 2025. He said that the landlord agreed to complete another mould wash to the outhouse. He indicated that he was also expecting to hear from someone regarding the electricity meter.
  14. Based on the information we have we ordered the landlord to update the resident on the work it proposes to complete to the outhouse following the recent February 2025 inspection. Following the landlord’s inspection in 2021 we have seen that it acknowledged that the outhouse was prone to condensation due to a lack of ventilation. Therefore we have also ordered the landlord to assess potential measures it could take to improve ventilation in the outhouse in order to alleviate the persistent damp issues within it. It should feedback the outcome of its assessment to the resident and provide a copy to this Service.
  15. In addition we have ordered the landlord to clarify the status of the electricity meter relocation. It should obtain evidence of whether the meter has been moved and, if it remains in its original location, consider contacting the electricity network provider on the resident’s behalf to follow up on the work.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of the electricity meter being unsafe due to damp and mould.

Orders

  1. Within 4 weeks of the date of this report the landlord must:
    1. Pay the resident £300 compensation for the potential impact on the resident as a result of its response to his reports about the meter, damp and mould in the outhouse. This amount should be paid directly to the resident and not used to offset any monies he may owe the landlord.
    2. Provide an update to the resident and this Service on the work proposed to the outhouse area (with timescales) following its inspection on 4 February 2025.
    3. Assess what, if any, measures it can take to improve ventilation and alleviate the persistent damp issues within the outhouse. The landlord should share the outcome of its assessment with the resident and this Service.