Your Housing Group Limited (202330966)

REPORT

COMPLAINT 202330966

Your Housing Limited

16 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:
1. Repairs to the property.
2. Reports of damp and mould.
3. The associated complaint.

Background

Before the resident moved to the property, the landlord did a void inspection on 16 August 2023. The resident lived in the property as an assured tenant between September 2023 and November 2024. The property is a 1-bedroom ground floor flat.
The resident complained on 7 October 2023 about the condition of the property when the landlord let it to her.
On 9 October 2023, the resident reported damp and mould in her property. The landlord arranged an inspection for 17 October 2023. Following this, the resident raised further concerns about the property. These included drug users previously living in the property, cleanliness, and an overflowing shower. She said the bathroom needed replacing and the condition of the property was affecting her mental health.
In its complaint response on 3 November 2023, the landlord said it had visited on 3 November 2023 to assess the property and had now scheduled all reported repairs. It said it would fit a new bathroom before Christmas 2023. It apologised that the property had not been in a “liveable standard” when it had let it to the resident and said it had fed this back to the voids team. It apologised for inconvenience and delays and offered £200 compensation.
On 17 November 2023, the resident told the landlord there were still outstanding repairs. The landlord responded the same day and said it would arrange an appointment to look at outstanding repairs. On 22 November 2023, the resident said she wanted to escalate her complaint as the landlord had not resolved matters.
The landlord sent a follow-up to its complaint response on 21 December 2023 and said it had now completed all the repairs. It said it had checked the reported holes in window frames, and these were not causing leaks. Because of this, it said it would not replace the windows. It said the resident could request a review.
On 24 January 2024, the resident escalated her complaint. She said she had reported a fault with the communal carpark gate multiple times, but the landlord had not completed the work. She said there was mould coming through the walls and the windows were faulty and causing leaks. She said the landlord had not done work on the pointing and the carpark drains were blocked. The resident said the outstanding repairs, constant chasing, and lack of communication were affecting her mental health and causing her distress.
On 26 February 2024, the resident told the landlord she was unable to open a kitchen cupboard because of the location of a fan and she needed a new built-in kitchen unit for an integrated oven.
In its final response on 5 July 2024, the landlord apologised for the delay in responding. It said a regional housing manager had visited on 7 March 2024 and completed a full inspection. This found the holes in the window frames did not let in water and the window seals were intact. On the kitchen cupboard, it said the door was useable, but it had moved the fan. It said it would not install a built-in oven unit as it was not a standard repair and there was a space for an oven. On the communal gate, it said it completed work on 14 June 2024. However, following further reports of noise, it would do further work.
The final response also said a surveyor attended on 20 June 2024 to conduct a damp and mould survey. This found humidity levels were slightly high and it said it gave advice on ventilation and had booked in work to check the cavity wall. It said it would also replace missing pointing, clean out gutters, renew sealant on the front door frame, and apply stain block to ceilings and walls. Due to the delays, it offered further compensation of £400.
Following the final response, the resident told the landlord on 22 July 2024 that she did not want the agreed repairs to go ahead because she had instructed a solicitor to put in a disrepair claim. The landlord put the repairs on hold. On 5 September 2024, the resident told the landlord she had instructed solicitors to end the disrepair claim. The landlord resumed the repairs.
The resident escalated her complaint to the Ombudsman. She said she wanted to move to another property and increased compensation. The resident moved to another property through a mutual exchange in November 2024.

Assessment and findings

The scope of the investigation

The Ombudsman has noted that the resident raised various repairs between October 2023 and 5 July 2024, when the landlord sent its final response. In her complaint escalation, the resident said she wanted outstanding repairs completed. She confirmed to the landlord that these related to a communal gate, kitchen units, and window frames. The Ombudsman’s investigation will look at how the landlord responded overall to the resident’s repair requests, and whether its final response was reasonable.
The resident told the Ombudsman that as an outcome she wanted the landlord to move her to another property. As the resident did not raise this in her complaint to the landlord, the Ombudsman will not consider this issue as it did not form part of the complaint the landlord considered. The Ombudsman has noted that the resident has since moved to another property.

The landlord’s handling of repairs to the property

The landlord is responsible under section 11 of the Landlord and Tenant Act (1985) for keeping in repair the structure and exterior of the property. This means the landlord has a general obligation to repair the property. The landlord confirmed this responsibility in the tenancy agreement with the resident.
The landlord’s service standards say it will inspect a property thoroughly to make sure it is safe, secure, and ready before a new resident moves in. It says it will then do repairs in line with the tenancy agreement.
The repairs policy says the landlord will attend urgent repairs within 5 working days, and scheduled repairs within 28 calendar days. It says on some occasions, it may need to do a pre-inspection before it can arrange a repair appointment. It says it will do this within 14 calendar days.
Records provided by the landlord show it did a void inspection on 16 August 2023. This found the property was free of major defects and all fixtures and fittings met requirements. The Ombudsman is not able to comment on the findings of the void inspection but has noted that the landlord did an inspection in line with its service standards, which is what the Ombudsman would expect.
The resident complained on 7 October 2023, about problems she had found since moving to the property. She said the landlord had not thoroughly cleaned the property and the previous tenant had used drugs in the property. She also said the shower leaked and she wanted the bathroom assessed for an upgrade. On 17 October 2023, the resident said there was glass in the garden, the gutters and drainpipe needed repairs, and a cupboard needed a professional clean. She said she had raised several jobs and the dates the landlord had given her were weeks away, which was stopping her from decorating. She referred to the effect the state of the property was having on her mental health.
The Ombudsman has not seen a record showing when the resident first reported a fault with the shower and the other repairs. However, the Ombudsman has noted that in an internal communication dated 8 December 2023, the landlord acknowledged that the resident had reported repairs within a week of moving to the property. This means the resident would have reported some repairs by 21 September 2023 at the latest. Because of this, the landlord should have dealt with any urgent repairs reported in this period by 28 September 2023 and any scheduled repairs by 19 October 2023, at the latest.
By the time the resident complained on 7 October 2023, the landlord was still within the timescale to deal with scheduled repairs. However, it should have dealt with any urgent repairs, such as a leaking shower, if the resident had raised them in the first week of the tenancy. Because the Ombudsman has not seen a record of what repairs the resident raised in the first week of her tenancy, the Ombudsman cannot determine whether the landlord met the timescales in its repairs policy at this point in time.
In its complaint response on 3 November 2023, the landlord set out what it would do to resolve what it said were “a large number of issues” reported with the property. It confirmed it had scheduled work as follows:
1. 1 November 2023 – gutters.
2. 10 November 2023 – mould wash, bay window, toilet seat, kitchen plug, car park lock, condensation, painting, and front door.
3. 28 November 2023 – skirting board works.
4. 29 November 2023 – external door and rear window work.
5. 5 December 2023 – lino floor covering.
6. It said it had not yet made an appointment to clear glass in the garden.
The landlord also said its visit on 3 November 2023 had confirmed that it had scheduled all the repairs reported. It also said the shower needed urgent attention and it would fit a new bathroom before Christmas 2023. The landlord acknowledged it should bring all properties to a liveable standard as part of its void process, and it was sorry this had not happened. It offered £100 compensation for inconvenience caused, £50 for a lack of communication, and £50 for the delay in completing work.
The Ombudsman has found that this was a reasonable response at this stage as the landlord scheduled the reported repairs and gave the resident a clear timescale for each repair. It acknowledged the delays and apologised that the property had not met its voids standard. It said it had learnt from the complaint and fed the service failure back to the voids team. It also offered the resident a reasonable amount of compensation for the inconvenience caused at this time.
Records provided by the landlord show it did some scheduled work on 10 November 2023. However, on 17 November 2023, the resident said there was outstanding work. She referred to boxing around the oven, damaged internal doors and frames, a fault with the kitchen sink, scratched kitchen counter tops, holes in window frames, unfinished plastering, rotten skirting boards, and a broken carpark lock. The Ombudsman has noted that many of these issues did not appear in the landlord’s complaint response. It is unclear from the records provided whether some of these were new reports. The Ombudsman has also noted that some reported issues had not passed the date for repair set out in the complaint response. For example, the landlord said it would do work on the skirting boards on 28 November 2023.
The landlord responded on 17 November 2023 and said it would visit the resident to go through the repairs to check what was outstanding. This was a reasonable response.
On 21 December 2023, following further work at the property, the landlord sent a follow-up to its complaint response. It said it had completed the further works the resident had reported, which included a mould wash, plastering in the hallway, replacement skirting board, replacement double glazed unit, broken car park lock, front door adjustments, painting, removal of glass in the garden, and a new bathroom. It said it completed final works on 21 December 2023. It again apologised for inconvenience caused.
The Ombudsman has found that the landlord responded reasonably to the resident’s further reports of repairs. It arranged a visit to discuss outstanding matters and added new issues and carried these out in a reasonable time. The Ombudsman has noted that the landlord also did major work to replace the bathroom during this time.
On 24 January 2024, the resident escalated her complaint. She said she had reported concerns about the carpark gate multiple times and the landlord had not completed the repairs. She also said there were repairs needed to units in the kitchen. She referred to the effect that the appointments, having to take time off work, a lack of communication, and chasing the landlord were having on her mental health.
The Ombudsman has noted there was a reference to a carpark lock and kitchen boxing in earlier reports. However, it is unclear from the information provided whether these were new repairs or part of ongoing work the landlord had agreed. Because of this, the Ombudsman cannot determine whether the landlord had met its repairs obligations on these issues.
On 20 February 2024, the resident reported an incident where she said she had been woken up by loud banging from a man who was “heavily intoxicated”. She said he was banging on the communal gate, and this was due to the gate being broken. This was a month after the resident told the landlord it had not repaired the carpark gate. The Ombudsman has seen no evidence that the landlord acted after the report of a broken gate on 24 January 2024. This was a failure by the landlord to follow its repairs policy.
The landlord discussed the complaint escalation with the resident on 26 February 2024. The resident said the outstanding repairs were the communal gate, holes in the window frames, and faulty window seals. She also raised an issue with the kitchen fan, which she said was stopping her opening a cupboard door. The resident also said she needed a built-in oven unit for an integrated oven that she was buying.
On 7 March 2024, the landlord told the resident that following phone calls with her on 26 February and 4 March 2024 about the complaint, it had arranged a visit on 7 March 2024 with the regional housing manager.
Records show the resident chased the landlord for updates on the gate repair on 30 March, 23 April, 29 April, 15 May, and 20 May 2024.
In its final response on 5 July 2024, the landlord referred to the “considerable” number of repairs raised by the resident since she moved to the property. It said some had been duplicated and this had caused confusion on what needed to be completed. It referred to the surveys and visits it had done in response to the resident’s report and the visit by the regional housing manager on 7 March 2024, when it had completed a full inspection. It said it found the holes in the window frames did not go through the whole frame and so did not compromise the structure or performance of the frame. It also found the window seals were intact and said it did not need to replace them.
On the kitchen repairs, the landlord said the cupboard door opened over three-quarters of the way, which meant it was useable. However, it had since moved the fan, which it said was above its service standard. It also said it would not install a built-in cupboard for an integrated oven as it was not a standard repair and there was already a space for an oven.
On the communal gate, the landlord acknowledged the noise and anti-social behaviour the resident had experienced due to the gate needing repairs. It said following the visit on 3 March 2024 it had made a request to have the gate repaired and it completed this on 14 June 2024. It said following further reports of noise from the gate, it had instructed contractors to reattend, and work would start on 8 July 2024. The landlord offered further compensation of £100 for delays, £150 for distress and inconvenience, and £50 for time and trouble.
Overall, the Ombudsman has found that the landlord responded reasonably to the reports of repairs. There appear to have been some delays in responding to the first reports of repairs. In its complaint response on 3 November 2023 the landlord acknowledged these delays, apologised that the property did not meet its letting standard, and offered a reasonable amount of compensation at that time. The landlord also acknowledged that the large number of reports had caused confusion and so arranged visits to the property to be clear on what it needed to do. The Ombudsman has noted that the landlord completed major work to replace the bathroom 6 weeks after agreeing the property needed a new bathroom. This was a positive response and inside the landlord’s timescale for completing major work.
The resident then raised concerns about delays to repairs she had already reported and reported new repairs. The landlord responded to the new repair reports and on 21 December 2023 included information about these in its follow-up to the complaint response. While there may be times when it is helpful to send a follow-up response, for example when the issues relate to the original complaint, it is the Ombudsman’s view that when a resident raises an unrelated new repair, the landlord should have an opportunity to resolve this before dealing with it through the complaints process. If the resident is dissatisfied with how the landlord dealt with the new repair, they can raise a new complaint about this.
The landlord continued to receive reports of repairs in the first part of 2024. Some of these were new repairs. The landlord arranged for an area housing manager to visit the property in March 2024 to discuss outstanding repairs with the resident. Following this, the landlord arranged work on the gate, which it completed in June 2024. The resident then told the landlord she was still experiencing noise from the gate.
In its final response on 5 July 2023, the landlord acknowledged delays and inconvenience caused. It said it would do further work on the gate but would not fit a kitchen unit. It is the Ombudsman’s view that this was reasonable as a new kitchen unit would be classed as an improvement. Because of this the landlord had no obligation to make an improvement under the terms of the tenancy agreement.
The landlord also offered further compensation of £300 for delays, distress, inconvenience, time, and trouble. This brought the total amount of compensation relating to repairs to £500. It is the Ombudsman’s view that this was a reasonable amount in the circumstances, considering the number of repairs it dealt with, many of which it dealt with within agreed timescales, and the major works it completed. Because of this, the Ombudsman has found there was reasonable redress by the landlord in respect of its handling of reports of repairs to the property.

The landlord’s handling of reports of damp and mould

The landlord’s damp and mould policy says it is committed to ensuring there is a suitable and sufficient response to first reports of damp or condensation. It says it will find the cause of damp and order remedial works where needed. The landlord’s service standards say that following diagnosis of damp and mould, it will attend within 28 working days.
The Ombudsman’s spotlight report on damp and mould says landlords should ensure their response to reports of damp and mould are timely and reflect the urgency of the issue. They should share the outcome of surveys with residents to help them understand the findings and be clear on the next steps. They should also act on accepted survey recommendations promptly.
Records provided by the landlord show it first received a report of damp and mould from the resident on 9 October 2023. In response, the landlord arranged an appointment for 17 October 2023. It is the Ombudsman’s view that this was a reasonable response at that time, as the landlord arranged an appointment a week after the resident’s report, and the property had recently had a voids inspection, which would have been expected to find any major faults.
On 17 October 2023, the resident told the landlord there was mould in the property and the bathroom and hallway cupboards were “swimming in damp”. She said the damp and mould team had attended that day and had told her there was mould growing in the property and the gutters and drainpipe needed repairs. On 19 October 2023, the resident chased the landlord for an update.
The resident contacted the landlord on 27 October 2023, and said the damp and mould team had now told her there was no damp in the property. She said there was damp and mould in the bathroom and she wanted to know when the landlord would do the repairs. Records provided by the landlord show it did work to clear the gutters and replace a broken downpipe on 31 October 2023.
The Ombudsman has not seen the outcome of the survey the landlord did on 17 October 2023, and it is unclear whether the landlord shared it with the resident. Because of this, the Ombudsman cannot determine whether the landlord did all recommended work at this time. However, it is clear the landlord did some work to resolve the reported damp and mould within a reasonable time. This is because the landlord completed work to clear gutters and replace a broken downpipe on 31 October 2023, which was less than a month after the resident made the report of damp and mould.
On 13 November 2023, the resident asked the landlord to contact her about pointing in external brickwork. The resident said there was moss in the pointing that allowed moisture to come into her property. On 17 November 2023, the resident said she was still waiting for the landlord to book jobs for the pointing and carpark drains. In response, the landlord said it would visit on 20 November to review the repairs the resident had reported. The Ombudsman has not seen the outcome of this visit and because of this has not seen a record of what, if any, further works to resolve damp and mould it agreed to do.
On 21 December 2023, the landlord followed up its complaint response and said it had completed the further repairs the resident had reported. The resident responded and said there were outstanding works with car park drains, which she said caused water to come through the walls. She also said there were faults with window frames and seals, which caused condensation.
The resident escalated her complaint on 24 January 2024. She said the original survey in October 2023 said there was no problem with the pointing. However, she disputed this and said there was black mould on the walls and damp in the lounge and bedroom. She said when the landlord did work on the windows in October 2023, it took the vents off, which meant she had no ventilation. She said she had reported faulty window seals, which were also letting in moisture. She also said the landlord had not completed work on the pointing and the carpark drains were still blocked.
On 6 February 2024, the resident told the landlord that a contractor had fitted window vents, but did not fill the holes in the window frames.
An area housing manager visited the resident’s property on 7 March 2024 to inspect the property. On 19 May 2024, the resident reported rising damp, wet walls, and peeling paint. On 23 May 2024, the resident said she was waiting for a response to her email on 19 May 2024. She said she had serious breathing issues and had been living with black mould since October 2023.
On 3 June 2024, the landlord told the resident it had arranged a full property inspection on 13 June 2024. The survey took humidity and moisture readings in all rooms. It said a section of skirting board in the bedroom showed a high moisture reading, showing a possible bridging of the cavity wall. Other skirting and plaster walls had acceptable moisture levels. It found a ceiling stain in the bathroom was dry. It said there was a small hole in the sealant on the front door frame, gutters had signs of vegetation, and there was moss and missing pointing. The surveyor raised jobs to remove the skirting board in the bedroom and check the cavity for bridging, replace missing pointing, clean out gutters, renew sealant to the front door, and apply stain block.
In its final response on 5 July 2024, the landlord referred to the survey findings and set out what it would do. It said on 23 July 2024 it would clear gutters, fit new sealant to the front door frame, and apply stain block. It also said it would check for bridging on 31 July 2024 and do pointing work on 1 August 2024.
The Ombudsman has found that this was a reasonable response from the landlord. However, this was 9 months after the resident first reported damp and mould in her property. It is clear the landlord responded to reports of damp and mould and did work, such as mould washes and clearing gutters in line with its repairs policy. However, it did not arrange a thorough damp and mould survey, which found a probable cause, until 13 June 2024. The resident had been reporting damp and mould for a considerable period by then. During this time, she was living with the effects of damp and mould, which affected the enjoyment of her home. The resident had also told the landlord about the effects this was having on her physical and mental health and wellbeing.
The landlord’s damp and mould policy says it is committed to ensuring there is a suitable and sufficient response to first reports of damp. It says it will find the cause of damp and order remedial works where needed. It is the Ombudsman’s view that the landlord did not find the cause of damp and mould in a timely manner, and it should have arranged a full damp and mould survey much sooner. The failure to do this was maladministration by the landlord.
In its final response the landlord offered compensation for delays, distress, inconvenience, time, and trouble related to repairs. However, it is the Ombudsman’s view that this did not reflect the effect on the resident of living with damp and mould over a significant period and the loss of enjoyment of her home. Because of this, the Ombudsman has determined the resident should receive additional compensation for the period when the landlord had not resolved the damp and mould. This should be based on 10% of the resident’s rent between when she first made a report of damp and mould in October 2023 until the landlord sent its final response in July 2024.
Records provided by the landlord show weekly rent was £84.21 from 9 October 2023 to 31 March 2024 and £90.69 from 1 April 2024 to 5 July 2024. Compensation should be paid as follows:
1. 25 weeks at 10% of £84.21 = £210.53.
2. 14 weeks at 10% of £90.69 = £126.97.
3. Total = £337.50.
The Ombudsman has noted that following its final response, the works were delayed by 2 months because the resident instructed a solicitor to make a disrepair claim. When the resident withdrew the claim, the landlord did the required works and agreed to move the resident to temporary accommodation, because of her health conditions, while it did the work. It is the Ombudsman’s view that the landlord acted reasonably following its final response.

The landlord’s handling of the associated complaint

The landlord’s complaints policy says it will acknowledge a complaint within 5 working days and provide a response within 10 working days. When a resident escalates their complaint, the landlord will provide a final response within 20 working days. This is in line with the Ombudsman’s Complaint Handling Code.
Records provided by the landlord show the resident complained about the condition of the property on 7 October 2023. The landlord acknowledged the complaint on 20 October 2023, which was 9 working days later. The landlord then sent its complaint response on 3 November 2023. This was 20 working days after it received the complaint. Because of this the Ombudsman has found that this was a minor failure as the landlord exceeded the timescales set out in its complaints policy.
On 22 November 2023, the resident said she wanted to escalate her complaint as the landlord had not resolved the repairs. At this stage, the Ombudsman would expect the landlord to acknowledge the escalation. Instead, the landlord discussed the repairs with the resident. These appear to include new issues the resident had reported. The landlord sent a supplementary response on 21 December 2023, setting out what it had done since the complaint response. It said the resident could ask for a review. Although this was outside the approach set out in the complaints policy, the Ombudsman has found that this was reasonable in the circumstances because the landlord was trying to complete work it had agreed in its complaint response and deal with new reported repairs.
The resident escalated her complaint on 24 January 2024. Records show the landlord communicated with the resident about the escalation, arranged for the area manager to visit, and did repairs and surveys. This was reasonable. However, the landlord did not send its final response until 5 July 2024. This was 6 months after the escalation request and was a significant delay.
In its final response, the landlord apologised for the delay in responding and offered £100 compensation. It was reasonable for the landlord to apologise and offer compensation. However, the resident had told the landlord about the effect the delays were having on her health and wellbeing and there is evidence that the resident was chasing a final response. In mitigation, the landlord was in regular contact with the resident about the repairs. Because of this, the Ombudsman has found the offer of £100 compensation was reasonable redress by the landlord.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of reports of damp and mould.
In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in respect of its handling of:
1. Repairs to the property.
2. The associated complaint.

Orders and recommendations

Orders

The landlord must apologise to the resident for the failures found in this report.
The landlord must pay £337.50 compensation to the resident for failures in the handling of reports of damp and mould. The landlord should pay this directly to the resident and not offset it against any arrears.
The landlord is to provide evidence of compliance with the above orders within 4 weeks of the date of this report.

Recommendation

The Ombudsman recommends the landlord reoffers £600 compensation it offered during stage 1 and 2 of its complaints process for failures in the handling of repairs and the complaint.