Richmond Housing Partnership Limited (202217130)

REPORT

COMPLAINT 202217130

Richmond Housing Partnership Limited

1 May 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:
1. The resident’s reports of leaks in the roof and the associated damp and mould.
2. The resident’s complaint.

Background and summary of events

Background

The resident has an assured shorthold tenancy for a 2-bedroomed flat. The tenancy began on 2 March 2013.
The landlord is a housing association.

Scope of the investigation

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 the residents health or wellbeing. The Ombudsman is therefore unable to consider the resident’s claims that the damp and mould had a negative impact on her and her household’s health and wellbeing. These matters are better suited to consideration by a court or via a personal injury claim. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident and her household.

Summary of events

The resident reported a leak in the roof on 25 August 2022. She said there was a crack in the ceiling and water was dripping onto her son’s bed.
The landlord attended the property on 30 August 2022 and raised an urgent repair for the leak.
On 7 September 2022 the resident told the landlord there was a leak coming into her bathroom as well as the bedroom. She said there were puddles of water on the floor.
The resident made a complaint to the landlord on 8 September 2022. She said:
1. The flat concrete roof had been leaking for 2 weeks.
2. The landlord had known about the crack in the ceiling for 4 years and had done nothing about it.
3. She reported a second leak on 7 September 2022 and no one came out. Water was gathering on her bathroom floor and leaking into the downstairs entrance way.
4. She wanted someone to attend that day to stop the leaks.
5. No one had been in contact with her and she was having to chase updates.
6. She would like a rent reduction.
On 13 September 2022 the local authority’s environment health team (EHT) issued an inspection notice on the landlord.
On 14 September 2022 the resident contacted the landlord and said no one had contacted her about her complaint. She said the leaks were causing her bathroom tiles to bow and fall off the wall, and mould was starting to grow. The landlord attended the same day to make the bathroom safe.
The landlord issued its stage 1 complaint response on 16 September 2022. In its response it:
1. Acknowledged and apologised for the service the resident had received and the delay in it responding to her reports of the cracks and leaks.
2. Arranged for a surveyor to investigate the cracks and the leaks on 21 September 2022. It said it would update the resident after the visit.
3. Said once it had found the cause, and fixed the leaks it would arrange for the internal damage to be repaired.
4. Offered £250 compensation. This was broken down as:
  1. £100 for the unfair impact and inconvenience the leaks had on the resident and her family
  2. £100 for the delay in responding to the repairs
  3. £50 for a missed appointment.
5. Said it would review the resident’s feedback to improve its service going forward. This could include staff training to improve its communication and how it responds to this type of repair to prevent delays.
On 16 and 22 September 2022 the local authority’s EHT chased the landlord for an update on the roof repairs. It said it expected the landlord to have carried out a survey to establish the condition and safety of the roof structure, including the concrete slab under the roof covering which was cracked. It asked the landlord to provide a copy of the survey report or a date the survey was arranged for within 7 days.
The landlord attended the property on 21 September 2022 to investigate the leak. It found that the felt covering around the tank housing was failing so it carried out repairs around the tank housing.
The resident contacted the landlord on 26 September 2022 and said the £250 compensation was not enough. She said the leak had been ongoing for 5 weeks, the damp and mould was getting worse, and she and her husband were sharing a bed with their 3 year old. She said it was having an impact on her mental health and her children’s wellbeing. The landlord said it would reconsider the compensation amount.
On 29 September 2022 the landlord’s surveyor and a contractor attended the property. The landlord’s internal records show emails were sent saying that the 2 contractors that had inspected the roof both said, “the roof is beyond repair” and their repairs would not resolve the issues and the roof needed replacing.
Throughout October 2022 the resident contacted the landlord several times for an update on the roof repairs. She told the landlord the leak was on-going, she was concerned the ceiling was going to collapse, the mould was getting worse and she and her household were getting ill.
On 24 October 2022 the landlord told the resident that the roof would be replaced on next year’s programme of works. It had asked its contractor to apply a temporary seal around the roof to make it waterproof in the meantime.
The landlord completed the temporary repairs to the roof on 31 October 2022.
On 3 November 2022 the resident contacted this Service for assistance with her complaint. On our advice the resident told the landlord she wanted to escalate her complaint to stage 2. The landlord acknowledged this on 8 November 2022 and said it would respond by 1 December 2022.
Throughout November 2022 the resident told the landlord the roof was still leaking. She sent in videos and pictures and chased an update on repairs several times. The resident said she had moved her children out of their bedroom and they were all really struggling with the disruption and the damp and mould. The roof leak had soaked her walls and was seeped through the floors to the downstairs hallway. She said the upstairs ceiling was sagging under the weight of the water and she was concerned about more damage occurring. The landlord’s records show internal emails were sent saying it needed to act more quickly to fix the problem and asked for someone to contact the resident within 24 hours.
On 7 November 2022 the landlord attended the property to investigate the internal rainwater downpipe but could not find the blockage.
On 11 November 2022 the EHT contacted the landlord chasing an update on the roof leak. It said the landlord had not responded to its previous emails and it was ‘very concerned with the condition of the flat and the safety of the ceiling structure’. The landlord responded on 14 November 2022 and said it was taking steps to resolve the leak.
On 15 November 2022 the EHT asked the landlord for the surveyors report and asked if it had checked the electrics in both flats. It said it hoped the landlord was in contact with the resident and was considering compensation for the stress incurred and loss of amenities. The landlord replied on 17 November 2022 and said it was confident the roof was not leaking and it was a problem with the rainwater downpipe. It would contact the resident to arrange the repairs and test the electrics.
The landlord arranged for a drainage specialist to attend the property on 22 November 2022. The blockage in the downpipe was cleared on 24 November 2022.
On 23 November 2022 the resident’s local MP contacted the landlord about the issues in the property and said it needed an urgent response.
On 30 November 2022 the landlord visited the property to investigate what works were needed to repair the internal damage to the property. The landlord contacted the resident on 1 December 2022 to say it had attempted to call her to discuss the works and would try again the following day. It said it would issue its stage 2 complaint response no later than 9 December 2022 so it could include the outcome of this discussion.
The landlord issued its stage 2 complaint response on 9 December 2022. In its response it:
1. Said it had carried out a few repairs for the roof, however, the leak was not resolved. It had found the leak was due to a blockage in the downpipe, once this was cleared the leak had been resolved.
2. Said the surveyor had agreed a programme of works with the resident to repair the internal damage. It would contact her the following Monday to arrange a start date.
3. Acknowledged its communication had been poor, and it did not follow up on the agreed actions in its stage 1 response.
4. Apologised for the impact and inconvenience its failings had on the resident.
5. Offered a further £500 compensation. Which was broken down as:
  1. £150 due to its poor communication and service offered.
  2. £350 for the time and trouble and impact on the resident and her family.

Events after the landlord’s internal complaint’s procedure

On 14 December 2022 the resident contacted the landlord and said the compensation offered did not reflect the impact on her and her children’s health. She said her son had been ill since September 2022 and was having a chest x-ray and blood tests.
On 16 December 2022 the landlord told the resident the internal repairs would be carried out on 9 January 2023.
In January and February 2023 the resident contacted the landlord several times for an update. She said the contractor did not attend the appointment on 9 January 2023 and her bathroom walls were still wet and were not drying out.
The landlord attended the property on 9 March 2023. Its internal records state the roof was still leaking. The resident chased an update on the outcome of this visit several times.
In September 2023 the landlord told the resident it wanted to decant her whilst it carried out the repairs. The resident said she would prefer to be moved permanently and the landlord agreed to this. In March 2024 the landlord offered the resident a new permanent property, but it needed repairs before she could move in.
On 23 April 2024 the resident told this Service she was still living in the property. The roof was still leaking and there was severe damp and mould. She said there were new cracks in the ceiling, and the landlord had not carried out any external or internal repairs. She said the landlord had offered her further compensation of £1750, but she declined this as she wanted to wait for the outcome of this investigation.

Assessment and findings

The Ombudsman’s dispute resolution principles are:
1. be fair
2. put things right
3. learn from outcomes.
This Service will apply these principles when considering whether any redress is appropriate and proportionate for any maladministration or service failure identified.

The landlord’s obligations

The landlord has a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property.
The landlord has a responsibility under the Housing Health and Safety Rating System, introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard. The landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
The landlord’s repairs policy stated it would respond to emergency repairs within 24 hours, and general repairs within 10 days. The policy states it will strive to complete repairs promptly, to a good standard and right first time.
The landlord operates a 2 stage complaints process. It states it will acknowledge a complaint within 5 working days, and it aims to respond to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days.
The landlord’s compensation policy says if a resident is unable to remain in their property because it is inhabitable or unsafe it would find suitable accommodation. If a property is deemed suitable but the resident has lost the use of an essential room it would compensate for that loss. The policy states it will pay compensation equal to 15% of the rent for the loss of a bedroom.

The landlord’s handling of the resident’s reports of leaks from the roof and the associated damp and mould

The resident reported water was leaking from the roof into her children’s bedroom on 25 August 2022. The landlord attended the property 5 days later to make the situation safe. This was outside its timescale for emergency repairs. The resident reported a second leak on 7 September, there is no evidence the landlord responded to the resident or inspected the property. The landlord acted inappropriately by failing to carry out its repairing obligations and make sure the property was safe.
The resident and the EHT repeatedly raised concerns with the landlord about whether the property was safe due to the damage caused by the leak. No evidence was provided to this Service that the landlord investigated or considered any temporary measures to ensure the bedroom ceiling was safe and would not collapse. On 15 November 2022 the EHT asked the landlord if it had checked the electrics in the property, the landlord said, ‘there were no signs of water around any fittings but as a precaution it would check’. This was 83 days after the resident reported the leak, and no evidence was provided to this Service that the landlord checked the electrics. These were significant failings.
The landlord’s surveyor attended the property on 21 September 2022. Repairs were carried out on this date but did not resolve the leaks. In October 2022 the landlord applied a temporary seal around the roof to make it waterproof. When the leaks continued, it contacted a specialist drain company who cleared a blockage in the downpipe on 24 November 2022. Multiple attempts to repair a leak would not necessarily constitute a service failure by the landlord. Itis important to note that larger scale works, such as those that require scaffolding, can often exceed the landlord’s standard repair timescales due to the additional time to arrange the required contractors and obtain the necessary materials. However, the landlord did not demonstrate that it took appropriate steps to identify the cause of the leak and resolve the issue within a reasonable timescale. The leaks are on-going at the date of this report, and the resident and her household are still living in the property with the damaged caused by the leaks and the damp and mould.
In October 2022 the landlord’s records show it was advised by 2 separate contractors that the roof needed to be fully replaced and repairs would not resolve the leaks. Despite this the landlord told the resident it would consider replacing the roof in the following financial year within its planned program of works. It was unreasonable that the landlord did not consider whether the roof needed to be replaced earlier than this. This was not a proactive or resident focused response and has resulted in the resident and her household living in a property with on-going leaks and damp and mould for 20 months. The landlord’s decision to ignore its contractors’ advice, and not attempt to repair the roof while the resident and her family remained in the property caused significant distress and inconvenience.
Throughout this time the landlord failed to keep the resident informed about what action it was taking to resolve the leaks and keep her updated on the progress of the works. This caused the resident time and trouble as she continuously chased updates and sought assistance from her local authority and MP. The landlord acted unreasonably by failing to effectively communicate with the resident and manage her expectations.
If a landlord knows there is going to be a delay with a repair it must make an assessment of risk, looking at what impact the delay will have on the resident. A landlord must consider loss of amenity and what interim measures could be considered and put in place. There was no evidence the landlord considered dehumidifiers, a decant, rehousing, interim mould washes to prevent the damp and mould getting worse, or support from local services. Interim measures may not always be possible, but a landlord should explore all options and explain to the resident why such measures may not be put in place. The landlord’s records show it offered the resident a decant in September 2023, and then agreed to rehouse her. At the date of this report the resident was still waiting to be rehoused. It was unreasonable the landlord left the resident and her household living with leaks and damp and mould with no consideration of any interim measures for over a year.
The resident repeatedly told the landlord the damp and mould was causing her and her household health issues and it was having an effect on their wellbeing. From September to December 2022 the resident told the landlord that she was worried about her children’s health. No evidence was provided to this Service that the landlord responded to the resident’s concerns, showing a lack of empathy towards the resident. The landlord’s records do not show that it investigated the damp and mould, sought specialist advice, or considered if there was anything it could do to prevent the damp and mould getting worse whilst it carried out repairs to the roof. The landlord acted unreasonably by failing to consider the impact the damp and mould was having on the resident and her household. This was a significant failing.
A landlord should have systems in place to maintain accurate records of repair reports, responses, inspections, investigations, and communications. Good record keeping is vital to evidence the action a landlord has taken and failure to keep adequate records indicates that the landlord’s processes are not operating effectively. The landlord’s staff should be aware of a landlord’s record management policy and procedures and adhere to these. The landlord’s repair logs and records of internal communication were poor. The landlord records did not show it received a survey report from when its surveyor or contractors inspected the property. These failures in knowledge and information management caused confusion between different departments dealing with the case. The landlord was unable to update EHT when it requested updates, it caused delays in repairs being carried out, and the landlord’s staff were unable to keep the resident updated on what action was being taken.
In summary there were delays in the landlord responding to the resident’s reports of the leak and carrying out repairs. There was evidence of poor record keeping and communication with both the resident and contractors. The landlord did not effectively consider any interim measures or offer appropriate support. The landlord acknowledged and apologised for the delays and poor communication and offered the resident £500 compensation. However, the landlord has not taken steps to put things right and there is no evidence of any learning from this case. The leaks have not been resolved and the resident and her household are still living in the property with the damp and mould. The landlord’s offer of compensation was not proportionate to the failings identified in this investigation, it did not go far enough to demonstrate that it understood the time, trouble, distress and inconvenience caused to the resident and her household.
Based on the above, the Ombudsman finds serve maladministration for the multiple failures identified in the landlord’s handling of the resident’s reports of leaks from the roof and the associated damp and mould.
The Ombudsman has ordered the landlord to pay compensation which considers the circumstances of the case, the resident’s loss of enjoyment of her home, and the Ombudsman’s Remedies Guidance. The Ombudsman has taken into consideration that the resident’s full enjoyment of her home has been curtailed and has ordered compensation as follows:
1. £394.85 for the loss of the use of a bedroom from 25 August 2022 to 9 December 2022. This is calculated in line with the landlord’s compensation policy of 15% of £175.49pw rent.
2. £2000 for the time, trouble, distress and inconvenience caused.
The landlord implemented a damp and mould policy in January 2024. Whilst the Ombudsman’s spotlight report on damp and mould was published during the life of this investigation, it is positive to see these changes made by the landlord. This a positive step to the landlord improving its response to damp and mould.

The landlord’s handling of the resident’s associated complaint

The resident made a complaint on 8 September 2022. No evidence was provided to this Service that the landlord acknowledged the complaint within its 5 working day timescale. The Ombudsman’s Complaint Handling Code (the Code) states that landlords must set out their understanding of the complaint and the outcomes the resident is seeking. No evidence was provided to this Service that the landlord contacted the resident about her complaint before issuing its stage 1 response. The landlord acted inappropriately by failing to effectively communicate with the resident and manage her expectations.
The landlord issued its stage 1 response on 16 September 2022, which was within its 10 working day response timescale. The landlord investigated and responded to all the complaint issues the resident raised. However, it did not address the outcome she wanted, which was a reduction in her rent. In failing to consider this the landlord did not resolve the complaint at the earliest opportunity.
The resident responded to the stage 1 complaint response and said she was unhappy with the compensation amount. The landlord did not escalate the complaint to stage 2 until 3 November 2022, this was 26 working days later. The landlord acted inappropriately by failing to escalate the complaint when the resident expressed dissatisfaction with its stage 1 response. This left the resident in a position where she did not know what was happening with her complaint and caused her time and trouble chasing updates.
The landlord acknowledged the escalation in writing within 5 working days in line with its complaints policy. The landlord acted appropriately by contacting the resident and extending its response timescale by a week. It said it was extending the timeframe so it could discuss with the works needed to repair the damage caused by the leaks with the resident, however, no evidence was provided to this Service that this discussion took place.
The landlord issued its stage 2 response on 9 December 2022, this was within the extended timescale given. When the resident escalated her complaint, she told the landlord the damp and mould was affecting her and her household’s health. The landlord failed to acknowledge or consider the resident’s concerns in its complaint responses. The landlord showed a lack of empathy in the language used, and failed to consider the impact the damp and mould was having on the resident and her household.
The landlord failed to adequately address the level of compensation required to resolve the complaint satisfactorily and only did so some months after the complaint had exhausted its internal complaints procedure.
In summary the landlord failed to effectively communicate with the resident about her complaint, it failed to address all the issues raised, and it did not resolve the complaint at the earliest opportunity. The landlord also failed to consider the impact of the leaks and damp and mould on the resident and her household health within its complaint responses. Although the landlord acknowledged and apologised for its poor communication and offered £150 compensation, it has not shown it has learnt from this complaint, as it has failed to effectively communicate with the resident and keep her updated after its final complaint response.
Based on the above, the Ombudsman finds service failure for the landlord’s complaint handling.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in respect of the landlord’s response to the resident’s reports of leaks from the roof and the associated damp and mould.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in respect of the landlord’s handling of the resident’s complaint.

Reasons

There were delays in the landlord responding to the resident’s reports of the leak and carrying out repairs. The leaks have not been resolved and the resident and her household have been living in the property with damp and mould for a significant period. There was evidence of poor record keeping and communication, and the landlord failed to consider any interim measures or offer appropriate support. Whilst the landlord acknowledged the delays and poor communication, the landlord has not taken steps to put things right and there is no evidence it has learnt from this case.
The landlord failed to address all the issues raised and did not resolve the complaint at the earliest opportunity. There was evidence of poor communication and record keeping, and the landlord failed to consider the impact of the leaks and damp and mould on the resident and her household health within its complaint responses. Although the landlord acknowledged, apologised and offered £150 compensation for its poor communication. The landlord has not shown any learning from this complaint.

Orders

Within 4 weeks of the date of this report the landlord is ordered to:
1. Apologise to the resident. The Chief Executive must make the apology in writing after reviewing this report.
2. In addition to the £500 compensation already awarded by the landlord in its stage 2 complaints response, the landlord must pay the resident a further £2495.85 compensation. This is broken down as:
  1. £394.85 for the loss of the use of a bedroom as outlined in paragraph 51 of this report.
  2. £2000 for the time, trouble, distress and inconvenience caused to the resident as a result of the landlord’s handling of the resident’s reports of leaks from the roof and the associated damp and mould.
  3. £100 for the distress and inconvenience caused to the resident by its complaint handling failures.
3. If the landlord has not been able to decant the resident it must consider and discuss interim measures such as dehumidifiers and mould washes with the resident to help support her while she waits for permanent accommodation to become available.
Within 8 weeks of the date of this report the landlord must complete a case review on the issues identified in this report and its overall failures and provide a copy of the case review to this Service.