Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Clarion Housing Association Limited (202305122)

Back to Top

REPORT

COMPLAINT 202305122

Clarion Housing Association Limited

29 November 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

  1. The complaint is about the landlord’s handling of:
    1. Damp and mould repairs and improvement work.
    2. The associated complaint.

Background

  1. The resident has an assured tenancy of a 3-bedroom property where he lives with his partner and children. The tenancy started on 22 October 2019. Although the landlord does not have any vulnerabilities noted in their records the resident told it on 15 December 2020 that one child has asthma. The resident’s partner also disclosed to the landlord on 4 June 2021 that she experienced mental health issues.
  2. The resident reported damp and ventilation problems at their property in December 2020. The landlord and resident agreed that between January 2021 to February 2021 the landlord inspected the resident’s property. The landlord raised jobs relating to a bedroom wall, render of the external rear wall and loft after an inspection on 27 January 2021. The landlord said that following another inspection on 25 February 2021 it raised jobs relating to the kitchen, bathroom, loft, gutters, front and rear garden wall, and front doorstep.
  3. On 4 June 2021 the resident complained that the jobs raised were outstanding. The resident raised another complaint on 13 December 2022 and said that their two front bedroom walls were wet, and that unspecified external work was outstanding.
  4. The landlord provided its stage 1 response on 2 March 2023 and said:
    1. its contractor attended on 27 January 2021 and:
      1. hacked off 10 m2 of plaster to the rear right room and repaired this
      2. repaired a 5m crack in the external rear wall 
    2. it attended on 30 December 2022 and 27 January 2023 and established that the works done in 2021 had been unsuccessful and large areas of the rear external render needed renewal
    3. the window in the front bedroom had “blown” and it booked an appointment for 30 March 2023 to repair this
    4. it apologised for the delays in it completing the repair work related to damp and mould and that the work done in 2021 had not resolved this
    5. the resident should make a claim on their home insurance policy for the alleged damage to furniture, belongings, and decoration but it agreed compensation of £1,050 (inclusive of £50 for complaint handling delays) for its failures and upheld the resident’s complaint.
  5. The resident escalated their complaint on 10 March 2023 and complained that the landlord had not completed the jobs raised, including agreeing to re-render the front. The landlord provided its stage 2 response on 5 May 2023 and said:
    1. the front render did not need renewal and that in its opinion condensation was the cause of the “excessive moisture” in this area as there were no signs of water ingress and the render was in a satisfactory condition
    2. it agreed to recheck the roof to see if this needed any repair
    3. the rendering and painting of the rear external wall would not likely start before spring 2023  
    4. it booked an appointment for 30 March 2023 to repair the window, ordered glass and agreed to fit this on 15 May 2023
    5. it awarded the resident a further £400 which included:
      1. £250 for the resident’s damaged curtains, blinds, and wallpaper
      2. £50 for the delay to the window repair
      3. £50 for the delay in responding at stage 2
      4. £50 for communication failures.
  6. The resident expressed dissatisfaction at the landlord’s decision not to renew the render to the front and complained that their daughter’s bedroom was full of damp and mould and the walls at the property were wet. The resident told this service that works are outstanding although they did not clarify which ones. The landlord has also not clarified what work is outstanding although it has told this service on 22 November 2024 that it will board the internal front walls. The landlord offered the resident £1,450 in compensation although it is unclear if or when the landlord paid this.

Assessment and findings

Scope of investigation

  1. In this report the Ombudsman has considered the landlord’s actions from 2021, this is because the evidence is that this is when the resident first complained about the outstanding jobs (4 June 2021). Although the landlord did not log this as a complaint it ought to have because the resident expressed dissatisfaction then. Therefore, in the Ombudsman’s opinion it would be unfair to limit the investigation by reference to when the landlord logged the resident’s complaint (2023). This is because the work was ongoing since 2021 and the resident made reasonable efforts to work with the landlord to resolve the outstanding repairs since then. The Ombudsman in principle will investigate events from a reasonable period from when a resident made a formal complaint, this is usually 12 months from matters arising. This is in line with paragraph 42.c. of the Scheme.
  2. During the complaint process the resident expressed concerns about the impact of the damp and mould on their daughter’s health and his partner’s mental health.
  3. While the Ombudsman acknowledges that this is likely to be of concern to the resident it would be quicker, fairer, more reasonable, or more effective to seek a remedy through the courts for any alleged injury or deterioration in health. This is because a court can offer a binding decision on this issue. Crucially it will have the benefit of expert evidence in the form of an independent medical report, and it will be able to allow examination of witnesses. This will allow it to determine whether there has been an injury or deterioration to health of anyone within the household. The Ombudsman can consider any distress and inconvenience caused to the resident by the landlord’s handling of the repairs and improvement works.

The landlord’s handling of damp and mould repairs and improvement works

  1. The evidence shows that the landlord was aware in December 2020 of a report of damp and mould affecting the resident’s bedrooms, windows, and skirting boards. At the time the landlord did not have a leaks, condensation, damp, and mould policy. In this situation the Ombudsman expects landlords to act in a timely way to inspect and to diagnose the cause of the damp and mould. This is to see if there is any disrepair the landlord is responsible for, and which has caused the damp or mould.
  2. The landlord was responsible for repairs to the walls, roof, external doors, plaster and windows under Landlord and Tenant Act 1985, section 11. It was also important for the landlord to inspect to ensure that the property was free from any damp and mould that may make it unfit for human habitation. This is under Landlord and Tenant Act 1985, section 9A that creates an obligation on landlords to provide properties fit for human habitation. Therefore, the Ombudsman considers that the landlord ought to have arranged an inspection within a reasonable time.
  3. The landlord said it inspected the resident’s property on:
    1. 11 January 2021
    2. 27 January 2021
    3. 25 February 2021
    4. 27 January 2023
  4. In the Ombudsman’s opinion the landlord ought to have inspected the property earlier than 11 January 2021. This is because it was aware of reports of damp and mould as early as 4 December 2020 and the landlord has not provided an explanation of why it was unable to inspect sooner or shown it inspected in line with its repair policies. Therefore, the Ombudsman cannot conclude the landlord inspected within a reasonable time.
  5. Following its inspection on 27 January 2021 the landlord recommended repairs to a crack in the external render and a bedroom wall including plaster. The landlord was responsible for the structure and exterior of the property, including walls and plaster, this was under Landlord and Tenant Act 1985, section 11. This meant that the landlord needed to repair the external wall and bedroom plaster within a reasonable time.
  6. According to the landlord’s repair records the landlord completed these repairs on 18 February 2021 and 3 March 2021 respectively. The Ombudsman considers that the landlord completed the repair to the external wall in a reasonable time. This is because the landlord completed this within 28 calendar days which was in line with its repairs and maintenance policy. In contrast the landlord did not complete the repair to the bedroom within this time, although there was no evidence of a detriment to the resident.
  7. When the landlord inspected again on 25 February 2021 it noted mould in the bathroom and it identified it needed to repair a broken bathroom extractor fan, the render of the rear wall and repair a stone wall at the rear. The evidence shows that the landlord raised the following jobs on 9 March 2021 with the date it completed them in brackets:
    1. renewed the control fan in the kitchen and bathroom (12 April 2021)
    2. re-bedded the concrete front step (12 April 2021)
    3. renewed the loft hatch (12 April 2021)
    4. improved the loft insulation (16 April 2021)
    5. cleaned out the gutters to the front and rear and checked the downpipes and gulley were clear (16 April 2021, although the landlord noted that it only cleared the rear gutters on this date)
    6. renewed the render to the front garden wall (21 April 2021, after some initial work on 12 April 2021).
  8. While the Ombudsman notes that the landlord completed these jobs outside the 28 calendar days referred to in the landlord’s repairs and maintenance policy there was no significant delay or evidence of detriment to the resident.
  9. The Ombudsman has found that there were some failures in the landlord’s handling of repairs connected to the damp and mould in 2021, for example:
    1. although the resident confirmed the landlord fitted a positive pressure input in the loft (as recommended on 27 January 2021) it has not been possible to establish when the landlord did this. Therefore, the Ombudsman cannot be satisfied that the landlord completed this within a reasonable time
    2. the landlord’s repair record from 21 March 2021 states that it “removed 6m2 of blown lime mortar, dot and dabbed and replastered” on 12 April 2021 but it is unclear what this related too. Therefore, it is not possible for the Ombudsman to assess the landlord’s actions in respect of this repair
    3. the landlord’s repair records from October 2021 note that it made repairs to damaged plaster in the bedroom, but it is unclear whether this was in response to new reports of damage or the same problem the landlord treated on 3 March 2021. Therefore, the Ombudsman cannot assess the reasonableness of the landlord’s actions in respect to the bedroom replastering 
    4. this service cannot be satisfied that the landlord satisfactorily completed the work to the gutters, downpipe, and gulley. This is because the landlord’s repair records do not refer to the landlord cleaning the downpipes or gulley, and they state that it did not clear the gutters to the front
    5. while the landlord raised a job to fit six window vents on 4 June 2021 the repair records on 25 June 2021 note that it could not complete this because there were no vents in the windows present to replace. There is no explanation of why the landlord raised this job if there were no window vents or what other alternatives the landlord considered.
  10. Residents can experience damp and mould because of leaks, poor ventilation or insulation, inadequate heating, building defects, damaged windows or doors that let cold air in. Therefore, many of the repairs the landlord raised may have been appropriate as they related to these issues. However, while the landlord completed three inspections it has not provided the Ombudsman with a copy of their inspection reports. It has also not provided post inspection reports clearly showing what work it did when. Therefore, while the landlord completed repairs overall the Ombudsman cannot be satisfied that the landlord took reasonable steps to identify and effectively act on the cause of the damp and mould. The Ombudsman has therefore made an order in relation to this.
  11. The resident told the landlord on 10 March 2023 that he wanted it to:
    1. render the front of the property
    2. repair the back patio doors
    3. inspect the windows and roof.
  12. The Ombudsman notes that the landlord had already inspected the property on 27 January 2023. The Ombudsman has not seen evidence that the landlord recommended or agreed to render the front external wall. Therefore, the Ombudsman cannot fault the landlord for not completing this. While this was the resident’s preference the landlord was under no duty to do this work as there was no evidence that the render to the front was in disrepair. In contrast the landlord agreed to render the rear wall, it completed some repairs to this on 18 February 2021 and agreed to re-render this wall following its inspection on 27 January 2023. This was because it established the 2021 repair to the rear wall render had been unsuccessful.
  13. While the landlord told the resident in its stage 2 response that it may start the work to renew the render of the rear wall in spring 2023 the landlord has not provided the Ombudsman with confirmation that it completed this work. Therefore, the Ombudsman cannot assess the reasonableness of the landlord’s actions in respect of the rear wall.
  14. The landlord’s repair records show that it raised a job in relation to the patio doors on 24 October 2023. The Ombudsman considers that the landlord ought to have inspected these doors earlier as the resident complained about them in March 2023. The landlord’s repair records show that while it raised other jobs for them on 9 November 2023 and 13 November 2023 it is unclear what actions it took. The repair records note that the landlord raised a job to assess and fix the patio doors on 18 March 2024. This was over a year after the resident raised his concerns which was unacceptable, in the absence of an explanation for any delay, as this was not in line with the landlord’s repair and maintenance policy.
  15. The landlord’s repair records show that it raised a job to ease and adjust the rear door on 6 September 2023. The landlord acknowledged on 3 April 2024 that the resident reported the rear door was in disrepair. It is unclear from the repair records what the outcome of this was or when the resident first told the landlord about the rear door disrepair. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair and maintenance policy in respect of the rear door.
  16. The resident also complained about their windows, the Ombudsman can see that the landlord raised a job to inspect and repair any damaged windows on 1 February 2022 which it completed on 15 March 2022. Although the landlord’s completion of this job exceeded 28 calendar days and was not in line with its repair and maintenance policy there was no evidence of any detriment to the resident. The repair records also show the landlord:
    1. raised a job on 17 January 2023 to repair the resident’s front room window that had blown
    2. raised a job on 22 February 2023 to reglaze the windows and booked an appointment for 27 April 2023
  17. The landlord’s repair records do not confirm that it completed these jobs. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably to complete the repairs in line with its repair and maintenance policy. The landlord told the resident on 20 June 2023 that it was willing to repair the windows, but the resident refused as she wanted them replaced.
  18. While this was the resident’s preference the Ombudsman considers that the landlord acted reasonably from June 2023. This was because the landlord offered to repair the windows and was under no legal duty to replace them. This was because there was no evidence that they were beyond repair or that the only way to complete an effective repair would be to replace them. The landlord has agreed to consider replacement of the windows as part of its planned programme of works and the Ombudsman considers this reasonable.
  19. The landlord told the resident in its stage 2 response that it planned to recheck the roof. The landlord’s repair notes show that it raised a roofing inspection job on 2 January 2024 and identified the felt needed repair or renewal. However, there is no recorded outcome. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair and maintenance policy.

Summary

  1. Although there was a delay in the landlord inspecting the resident’s property in 2021 it completed several repairs that year. It failed to show it acted reasonably in relation to some repairs as outlined in paragraph 19 of this report. It also failed to show that it had diagnosed the cause of the damp and mould before undertaking on a programme of works. Although the landlord was not responsible for renewing the rendering to the front of the property it has not shown, on the available evidence, that it acted reasonably in relation to rendering the back external wall, patio doors, rear door, or roof. The landlord’s records regarding the windows show that it offered to repair them in 2023 which was reasonable and the delays in doing this after June 2023 were not its fault.
  2. Considering the failures identified in this report and the uncertainty over what work is outstanding the Ombudsman has found maladministration in the landlord’s handling of the damp and mould repairs. The Ombudsman acknowledges that the landlord offered the resident £1,350 compensation during the complaint process for its handling of these repairs. This included £250 for damage to the resident’s curtains, walls, and wallpaper.
  3. While this award is reflective of the award the Ombudsman would make this service considers that, as the evidence shows that some repairs are outstanding, the landlord ought to have offered additional compensation. This is because the prolonged nature of the works and unexplained delays caused the resident distress and inconvenience.

The landlord’s complaint handling

  1. The landlord had a temporary complaint policy in place at the time it accepted the resident’s complaint. This was following a cyber security incident and applied to complaints received after 17 June 2022. The policy had two stages which required the landlord to respond to complaints at stage 1 within 20 working days and to complaints at its peer review (stage 2) within 40 working days.
  2. The resident complained on 14 June 2021 and again on 13 December 2022, but the landlord provided its stage 1 response on 2 March 2023. This was not in line with the Ombudsman’s Complaint Handling Code. The Ombudsman considers that the landlord ought to have treated the resident’s communication in June 2021 as a complaint as it was an expression of dissatisfaction. There was also another unacceptable delay in the landlord responding to the second complaint in December 2022. It took the landlord 55 working days to respond to this against a target of 20 working days.
  3. While the resident escalated his complaint on 10 March 2023 the landlord did not respond at stage 2 until 5 May 2023 which was a period of 37 working days. It is unclear if the temporary complaint policy still applied at this point however the landlord accepted at stage 2 there was a delay in it responding.
  4. While the landlord acknowledged the delays and offered the resident in total £100 for the delays at stage 1 and 2 the Ombudsman considers that this did not reflect the level of detriment caused to the resident. The lengthy delays in handling the resident’s complaint caused them additional distress and inconvenience. The delay also prevented the resident from referring their complaint to this service earlier which delayed resolution of the complaint. Therefore, the Ombudsman has found maladministration in the landlord’s complaint handling. The Ombudsman’s Remedies guidance allows for compensation of between £100 to £600 where a landlord’s failures have caused a detriment to a resident but there has been no permanent impact.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of damp and mould repairs and improvement work.
  2. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders

  1. Within 28 days of the date of this determination the landlord must:
    1. arrange a damp and mould survey to establish what the cause of the damp and mould is or to confirm that this has resolved. The report should include any recommendations to resolve any outstanding issues with a timescale for completion. If this should exceed three months of the date of this determination the landlord must provide an explanation. The landlord must provide the resident, and this service, with a copy of this report within 5 working days of its issue
    2. consider whether it would be appropriate to conduct a comprehensive risk assessment of the damp and mould in line with its leaks, condensation, damp, and mould policy, if this is outstanding. The landlord must provide the resident and this service with its decision within 5 working days of the damp and mould survey 
    3. write to the resident and this service with an explanation for any delays to the rear wall rendering and repairs to the patio doors, rear door, and roof. The report should provide a time by when the landlord will complete these repairs by or confirm when it completed them. If the repairs are outstanding and the landlord is unable to complete them within three months of the date of this determination it must explain why  
    4. pay the resident directly an additional £450 (the landlord should re-offer the £1,450 unless it has already paid this) made up of:
      1. £250 for the additional distress and inconvenience caused to the resident since May 2023 (when it sent its stage 2 response) by the length of time taken to deal with the repairs to the rear wall render, rear door, patio doors and roof
      2. £200 for the distress and inconvenience caused by the landlord’s complaint handling and the detriment to the resident delaying referral of his complaint to this service.
  2. The landlord must provide the Ombudsman with evidence of compliance with the above orders within 28 days of the date of this determination, or in the case of where it needs to provide copy reports within 5 working days of when the report was issued.