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Stonewater Limited (202301661)

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REPORT

COMPLAINT 202301661

Stonewater Limited

27 June 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 resident’s complaint is about:
    1. The landlord’s handling of reports of damp and mould in the resident’s property.
    2. The landlord’s handling of the resident’s complaint.

Background

  1. The resident has an assured tenancy for a 1 bed flat with the landlord, which is a housing association. The flat is located in a low rise building, containing one other flat. The resident’s tenancy commenced in June 2016 and he has been the first and only tenant of the flat since the property was built. His landlord is aware that he is asthmatic and has a skin condition.
  2. The resident has told this Service that he noticed damp and mould growth in his property shortly after his tenancy commenced. He stated that he has reported this issue many times to his landlord but that it does not carry out effective repairs. Repairs records show that concerns were first raised by the resident in December 2018.
  3. In December 2018 the landlord inspected faulty window seals and damp issues at the property. This inspection noted high levels of condensation on windows, moisture around window reveals, and moisture above bedroom skirting boards. It noted that the resident had recently redecorated so it was difficult to spot any clear signs of internal leaks. Faulty mastic seals on windows and a downpipe from guttering located at the front of the property by the resident’s bedroom were both suggested as potential causes of the high moisture levels.
  4. Later in December 2018, the landlord told the resident that it had also inspected the cavity walls at the flat and found that they were dry and free of any obstructions. It confirmed that the building had been built to standard building regulations. The resident was told that any issues with damp and mould ‘are relating to excessive condensation from internal causes’ and provided guidance on managing condensation and condensation related mould.
  5. Between August and October 2022, the resident reported that trickle vents in his windows were blocked and defective.
  6. In November 2022 the resident reported damp and mould throughout his property. The landlord promised to carry out a survey and that it would act on it to carry out required works. Repairs records state that the resident asked the landlord to treat this as urgent due to his asthma.
  7. The resident asked the landlord to carry out repairs to two vents in the walls of the property in December 2022. He asked the landlord to confirm whether he was responsible for redecorating after damp and mould treatment, with the landlord responding that the resident had to do this work himself. The resident also raised concerns that a neighbour had drilled into an external wall near where damp and mould issues were arising in his flat, stating that he would hold the landlord responsible if it made these issues worse.
  8. In January 2023 the landlord noted that there were a number of leaks at the flat in late 2021 which were repaired promptly and that a mould wash had been applied to walls and ceilings in November 2022. The landlord carried out a damp and mould survey later in January 2023 and noted the following:
    1. there was no evidence that damp proof coursing (DPC) had been installed due to rendering on the external walls, although it was assumed one would have been installed due to the age of the report
    2. the external ground level was too high in relation to the internal floor level by the front door and should be lowered
    3. there were no air vents in the external elevations but this was due to the solid internal floor
    4. leaks from the shower and from a pipe had been previously reported and repaired but these had caused damp and mould
    5. the resident had been drying wet clothes on radiators
    6. vents in windows were all closed
    7. extractor fans in the bathroom and kitchen were all working
  9. The resident chased the landlord in January 2023 for updates on the progress of repairs and asked if he could buy the flat. The resident has told this Service that he requested to buy the flat as he wanted to carry out repairs himself. Records provided by the landlord show that the resident made several requests to buy the flat, all of which have been turned down. The most recent refusal was on the basis that planning permission granted for construction of the property explicitly stated that it was to only be used for social housing and could not be sold to residents.
  10. The resident made a formal complaint about delays to damp and mould repairs on 9 March 2023. The landlord acknowledged the complaint on the following day and promised a response by 24 March 2023.
  11. In March 2023 the landlord made internal enquiries about the progress of dealing with damp and mould at the resident’s property. It was confirmed that a further inspection did take place to check temperature and humidity, with the only recommendation to inspect extractor fans to see if they were suitable and replace if necessary. It was noted that the resident had previously told the landlord about how the poor condition of his property was affecting his health.
  12. A stage 1 complaint response was given to the resident on 6 April 2023. The landlord acknowledged that the resident had reported issues with damp and mould in December 2022 and that the landlord had not taken action after its inspection. A further survey of the resident’s property would be arranged. The landlord apologised for poor communication and delays in carrying out works, offering a total of £150 in compensation for these failings. Guidance on preventing the build-up of condensation in the resident’s property was offered in the response.
  13. On 18 April 2023 the resident asked for his complaint to be escalated. The landlord reviewed the compensation offered at stage 1 on 23 May 2023 and increased it to £500. This offer comprised of £200 for delays ‘in resolving the damp and mould concerns in your home’, £150 for poor communication between landlord and resident, and £150 for distress caused. The review stated ‘your concerns are currently being investigated and a member of the [specific] team will be in contact with you very soon to discuss this further with you’.
  14. An acknowledgement of the escalation request was sent to the resident on 30 May 2023. This accepted that there had been issued with handling the resident’s escalation request and stated that £125 in compensation would be added to any compensation offered at stage 2 to recognise this failing.
  15. On 13 June 2023 the landlord told the resident that it needed more time to provide a stage 2 response. A stage 2 complaint response was given to the resident on 27 June 2023. This stated that the landlord had raised jobs for contractors to carry out repairs, including washing down areas affected by mould, in January 2023. Monitoring equipment had been installed to identify the root cause of the problem. A further inspection was offered to find causes and identify repairs. It acknowledged delays in the stage 2 response and issues with the complaints handling officer who gave the stage 1 response not responding to requests for contact. £1,100 was offered in compensation which comprised of £250 for poor communication, £400 for delays, £150 for poor complaints handling, and £300 for inconvenience and distress caused to the resident.
  16. In July 2023 the resident asked how to escalate his complaint further. The landlord told the resident that he had exhausted its internal complaints processes and that he should approach the Housing Ombudsman Service.
  17. Further efforts were made by the landlord to address damp and mould in February 2024, with another survey arranged that identified high moisture readings around the resident’s front door. It stated that the front door had been replaced poorly 2 years ago, that the ground by the front door was flush with the door threshold, and that the surveyor couldn’t see where the DPC had been positioned in the property. Similar issues were identified with the back door.
  18. A special ‘damp and mould case’ was opened by the landlord in April 2024. The landlord contacted the resident and explained that it was important to survey the property and prepare the report. A survey was arranged in early May 2024. The resident has told this Service that another survey had been arranged in June 2024 which will be carried out by someone who has not been involved with the property before, and that there continue to be issues with damp and mould in his property.

Assessment and findings

Scope of investigation

  1. The resident has expressed concerns about his service charge and a lack of garden maintenance. As these issues were not raised in the resident’s complaint to his landlord and they are not linked to the substantive points in the resident’s complaint, this Service cannot investigate at this point as the landlord must be given the opportunity to investigate and respond via its complaints procedure. This Service has made a recommendation that the landlord discusses this issue with the resident and, if appropriate, investigate his complaint on the service charge and garden maintenance.

The landlord’s handling of reports of damp and mould in the resident’s property.

  1. The landlord’s repairs policy that was in force from 2021 sets out 3 categories of repairs:
    1. Emergency repairs, where the issue poses a threat to residents, their home, or their communities – to be completed within 24 hours.
    2. Non-emergency repairs – to be completed within 28 days.
    3. Major repairs, where there is a significant amount of work to do beyond the original repair – to be completed within 42 days.
  2. The landlord approved a damp, mould and condensation policy on 24 April 2023, after the resident was given a stage 1 response to his complaint. This policy states that the landlord operates a zero-tolerance approach to damp, mould and condensation and sets out a range of measures to tackle these issues in its housing stock. Any resident who has had damp and mould work will be followed up within 6 months to check if the work has been effective. Properties are assigned one of the following categories:
    1. Stage one cases – for households who need support and guidance to manage damp and mould as well as for low level interventions such as mould washes.
    2. Stage two cases – where minor repairs or replacements are needed alongside mould treatment, including where additional ventilation is required.
    3. Stage three and four cases – where larger scale repairs are required, such as new roofs and large scale plumbing works.
  3. Section 11 of Landlord and Tenant Act 1985 implies a term into the resident’s tenancy agreement that the landlord must keep the structure and exterior of the resident’s property in repair, including flooring. The landlord also has to keep installations for the provision of gas, electricity, water, sanitation (including sinks and toilets), hot water, and space heating in good repair and proper working order. Section 9A of Landlord and Tenant Act 1985 implies a similar term into the tenancy agreement that the landlord has to ensure that the property is fit for human habitation throughout the lifetime of the tenancy. Both legal obligations are triggered when the landlord is notified of an issue. The landlord then has a reasonable period of time to carry out works for which it is liable. A landlord can have a legal obligation under section 11 and/or section 9A to carry out works to repair or prevent damp and mould, depending on the root cause of the issue.
  4. Evidence provided by the landlord shows that the resident first raised concerns about damp and mould on 3 December 2018 when reporting issues with the seals around the windows at his property. An inspection took place on 13 December 2018, which found high levels of condensation on the windows, moisture around window reveals, and on skirting boards in the bedroom. Repairs records state that repairs to mastic seals on the windows and to clean out guttering were raised 18 December 2018 with works completed on 10 January 2019 and 29 January 2019 respectively. Repairs to the windows took 38 days to complete following on from initial contact by the resident and gutter clearing, which had not been requested by the resident but had been suggested by the surveyor, took 42 days to complete. This Service acknowledges that this work took place before the timescales established in the current repairs policy, that repairs took place within a reasonable period of time as per the landlord’s repairing obligations under section 11 Landlord and Tenant Act 1985, and that the resident made no further requests for the landlord to address damp and mould until 2021.
  5. The resident reported damp and mould in his property again on 23 December 2021. Records indicate that this was connected to issues with a rotten front door, faulty trickle vents in the windows, leaking pipes, and a leaking shower. The front door was replaced on 9 February 2022, 48 days after the initial report. Repairs to leaks were raised on 23 December 2021 and marked as complete on 4 January 2022, 12 days later and within timescale for non-emergency repairs. Although the replacement of the front door is outside of the timescales for major repairs, this was a minor delay which would not have had an adverse impact on the resident.
  6. Notes on the repairs log for works to the trickle vents state that this was to be done when the glass was replaced in the bedroom window, with the work marked as complete on 18 January 2022. The resident reported issues with the trickle vents again on 14 September 2022 and chased the landlord for updates on these works on 5 and 25 October 2022. Repairs records state that works were completed to the trickle vents on 5 October 2022 following the report on 14 September 2022, and completed on 22 November 2022 following the resident’s query on 25 October 2022. This is a delay of 334 days from the date that the landlord became aware of issues with the vents to the date that repairs were fully completed and is significantly out of timescales set in the landlord’s repairs policy. Delays to these works, including the time and effort that the resident spent in chasing the landlord for updates and fresh appointments, would have been frustrating for the resident and impaired his ability to manage condensation within his property due to the lack of ventilation.
  7. A request was made to fix two vents in the walls on 13 December 2022, with repairs records marking this work as complete on 22 December 2022. The resident chased repairs to the wall vents on 16 January 2023, with works marked as complete on 7 February 2023. This is a delay of 56 days from the date that the landlord was notified of the disrepair to the completion of works and is outside of the timescales set out in the repairs policy. Delays to these works would have further impaired the management of condensation within the resident’s property, and undermined the resident’s confidence that the landlord was wiling to tackle defects which may have been contributing towards damp and mould.
  8. It is concerning that repairs records indicate that no follow up works were arranged after the survey on 12 January 2023 recommended an inspection of the extractor fan guttering, downpipes, external joinery timbers, roof coverings, and the external wall rendering. Despite the survey identifying that visual and instrumental readings around the front door suggested that wood rotting fungi was attacking skirting boards ‘due to the external ground level being high’, records indicate that no enquiries were made into lowering the external ground level around the front door. This is a failure of the landlord to act on advice from its surveyor and to take reasonable steps to take steps recommended the survey to tackle issues which may have been contribution to damp and mould.
  9. The landlord failed to appreciate or assess the potential risk posed to the resident by the condition of his home. The resident explicitly told the landlord in November 2022 and March 2023 that damp and mould in his property were affecting his asthma. This Service would expect a landlord to make informed decisions around this potential risk, in line with its legal obligations under the tenancy agreement and sections 11 and 9A of Landlord and Tenant Act 1985, with regards to potential hazards under the Housing Health and Safety Rating System (HHSRS), whether this could form a statutory nuisance under Environmental Protection Act 1990, and the Decent Homes Standard. The landlord would also be expected to apply its damp, mould and condensation policy to the potential risk posed once this came into force. No evidence has been provided to this Service that the landlord assessed the potential risk. Although assessing the potential risk may not have changed what steps the landlord took in this case, the potential risk should have been assessed.
  10. No evidence has been provided that the landlord assessed whether any additional measures, such as the installation of a positive input ventilation unit, would help tackle condensation at the resident’s property. This is despite the resident’s regular complaints of damp and mould since December 2021 to the date of this report. It should have been clear to the landlord that the works done to date to tackle issues with damp and mould were ineffective and that greater steps were required to eliminate the problem. This is a failure of the landlord to review the history of the resident’s complaints of damp and mould and identify what else could be done.
  11. Evidence provided by the landlord shows that the resident has had to redecorate his home on several occasions to combat the visible symptoms of damp and mould in his property. He made reasonable requests on 13 December 2022 and 16 January 2023 for the landlord to redecorate his property after treatment for damp and mould. As redecoration was connected to the repairs and putting the property right again after the works were completed, the landlord should have accepted a responsibility to do these works rather than telling the resident that he needed to do this himself. This is a failure of the landlord to fully complete repairs, placing an onus on the resident taking action himself.
  12. It is positive that the landlord adopted a detailed and robust damp and mould policy on 24 April 2023 which adopts a ‘zero-tolerance’ approach to this issue. This Service also acknowledges that the landlord arranged for a further survey on 6 February 2024 and that a specific damp and mould case was created for the resident on 17 April 2024, with further surveys arranged after this point. However, the landlord should have applied the policy to the resident’s case much closer to the date that it was introduced, particularly as the landlord had accepted failings for delays in carrying out works in its Stage 1 complaint response on 6 April 2023. This has led to further delays in helping the resident achieve a resolution to issues with damp and mould in his property.
  13. There have been delays to:
    1. the landlord carrying out works recommended in surveys
    2. repairs for installations that may help address condensation in the resident’s property
    3. carrying out inspections of damp and mould
    4. applying the damp and mould policy to the resident’s case
  14. The landlord has also failed to consider other options for tackling condensation in the resident’s property, did not take the resident’s vulnerabilities into account when handling repairs, and did not take steps to arrange further inspections to ensure that enduring and effective repairs had been carried out to remedy the root cause of the damp and mould. The resident has had to put considerable time and effort into chasing the landlord for updates on the progress of works, with the overall issue ultimately being unresolved at the date of this report. It is positive that the landlord offered a total of £950 as compensation for failings connected to its handling of reports of damp and mould. However, the cumulative failings identified in this report and the fact that there continue to be issues with damp and mould at the property mean that this offer is not enough to put things right for the resident. This Service has therefore found maladministration in the landlord’s handling of reports of damp and mould in the resident’s property.

The landlord’s handing of the resident’s complaint.

  1. The landlord operates a 2 stage complaints process. Stage 1 complaints are acknowledged within 5 working days, with a response provided within 10 working days unless an extension is agreed. Residents can ask for escalation of their complaint to stage 2 within 15 days of a stage 1 response. Escalation requests are acknowledged within 2 working days and a stage 2 response given within 10 working days. If an extension on the stage 2 deadline is required, the landlord will contact the resident to agree an extension. If neither party can agree an extension, the landlord will provide contact details for the Housing Ombudsman Service.
  2. The stage 1 response was provided on 6 April 2023, 20 working days after the initial complaint. This is outside of the timescales set out in the complaints policy which was not acknowledged in the stage 1 response itself. Delays in the complaint response would have been frustrating for the resident and further affected the landlord/tenant relationship.
  3. The stage 1 response was apologetic, accepted that there had been delays and poor communication about works to resolve damp and mould, and promised that further inspections would take place with an action plan prepared to tackle the issue. However, it also told the resident that damp and mould were worse in colder months and implied that he may have been contributing to the issue by not opening his windows to allow moisture to escape. This Service appreciates that the landlord may have intended to give the resident some practical advice on steps he could take to manage condensation, but this advice was not appropriate in the overall context of the resident’s complaint about the landlord’s failure to take effective action and would have led the resident to believe that the landlord was blaming him for the problems at his property.
  4. The resident’s dissatisfaction with the stage 1 response, including the £150 offered, expressed on 18 April 2023 should have been acknowledged within established timescales. It is positive that the landlord reviewed and increased the compensation offered at stage 1 on 23 May 2023, although this is at the cost of failing to provide a stage 2 response and have the complaint considered by a ‘fresh pair of eyes’. Acknowledgement of the escalation request was instead made on 30 May 2023, 27 working days after the resident’s request and significantly beyond established timescales. The landlord’s failure to acknowledge the escalation request and decision to treat it as a request to review compensation offered at stage 1 would have been confusing for the resident, and created ambiguity over whether the escalation request had been accepted. However, it is positive that the landlord acknowledged this failing in its response on 30 May 2023 and that it informed the resident that £125 in compensation to address this would be offered in addition to any other compensation offered at stage 2.
  5. A request for an extension to the stage 2 deadline was made on 13 June 2023. No evidence has been provided that the resident agreed to this extension or that he was given the contact details for this Service. This is not in line with the landlord’s complaints policy.
  6. The stage 2 response was given on 27 June 2023, 47 working days after the escalation request and beyond established timescales. This delay was acknowledged in the stage 2 response, as well as delays in acknowledging the escalation request. £150 was offered for poor complaints handling in addition to compensation for other failings. Although it is positive that the landlord acknowledged these issues and apologised for them, it is not enough to put things right due to the confusion caused to the resident about the status of his complaint.
  7. Due to delays in providing complaint responses, treating an escalation request as a request for a review of compensation offered at stage 1 outside of the landlord’s complaints policy, failing to agree an extension to the deadline for a stage 2 response, and delays in acknowledging the stage 2 response, this Service has found maladministration in the landlord’s handling of the resident’s complaint.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
    1. Maladministration in the landlord’s handling of reports of damp and mould in the resident’s property.
    2. Maladministration in the landlord’s handling of the resident’s complaint.

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this report, the landlord must:
    1. Send a written apology to the resident from a senior member of the landlord’s housing management team for the failings identified in this report.
    2. Share copies of all survey reports prepared within the last 2 years with the resident and this Service. The landlord must then agree an action plan with the resident to address damp and mould in the resident’s property, including giving timescales for any proposed works. This plan should address the findings of recent survey reports and take a ‘zero-tolerance’ approach to eliminating damp and mould. The feasibility of additional measures, such as installing a positive input ventilation system, should be considered in the plan. A copy of this plan must be shared with the resident and this Service.
    3. Pay the resident £1,350 directly in compensation, less the previous offer of £1,100 if this has already been paid to the resident, comprising of:
      1. £700 for time, trouble and distress caused by the landlord’s delay in carrying out agreed works.
      2. £300 for the inconvenience, time and trouble caused to the resident by poor communication about the progress of works.
      3. £150 for the landlord’s delay in applying its damp and mould policy to the resident’s case after the introduction of the policy.
      4. £200 for inconvenience, distress, confusion, time and trouble caused by poor complaints handling.
    4. Invite the resident to provide evidence of the costs he incurred due to redecoration work after treatment for damp and mould. The landlord must assess the evidence provided and determine whether it is reasonable to reimburse the resident. If the resident cannot provide evidence, the landlord must consider if it is reasonable to pay the resident a sum in recognition of redecoration costs incurred that would not have arisen but for the landlord’s maladministration. Confirmation of the landlord’s assessment and decision must be provided to the resident and this Service.

Recommendations

  1. The landlord should carry out a learning review of this complaint, identifying what it has leant from this case and what it will do differently in the future. This should also consider what actions it thinks the resident is not taking to properly manage condensation in his property. This review must consider the Ombudsman’s report titled ‘Spotlight on: Damp and mould – It’s not lifestyle’ (available via this link: https://www.housing-ombudsman.org.uk/wp-content/uploads/2021/10/Spotlight-report-Damp-and-mould-final.pdf), the landlord’s own self assessment against this spotlight report, and discuss what steps the landlord will take to prevent issues identified in this report from happening again.
  2. The landlord should commit to offering annual inspections of the resident’s property for damp and mould for the following 2 years once works identified in recent surveys are carried out. The resident should be reminded of this offer either in writing or via telephone call in the early winter period or as agreed with the resident.
  3. The landlord should commit to contacting other residents in the same building, and in other properties in the local estate built around the same time as the resident’s flat, to see if they are experiencing issues with damp and mould.
  4. The landlord should contact the resident to discuss his concerns over his service charge and garden maintenance issues.