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Peabody Trust (202329950)

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REPORT

COMPLAINT 202329950

Peabody Trust

17 September 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 the resident’s reports of;
    1. Damp and mould.
    2. Window repairs.
  2. The Ombudsman will also consider the landlord’s complaint handling.

Background

  1. The resident is an assured tenant of the landlord.
  2. The landlord confirmed on 25 April 2023 that the resident’s windows were in a ‘very bad state of disrepair’ and the surveyor recommended that it replaced all windows as they were beyond repair. However, a further survey conducted on 23 May 2023 refuted this and it was determined that the windows were in ‘adequate condition’ and did not need replacing. During the second survey, the landlord noted damp in the resident’s property.
  3. On 31 August 2023, the resident raised a complaint. She said that repairs that she had reported consistently since 2020 remained outstanding and the landlord had told her conflicting information. The resident advised that she was frustrated by various inspections and surveys taking place, with no follow on work being done. The resident stressed that the outstanding repairs, particularly the damp and mould, were having a detrimental impact on her health.
  4. Contractors completed repairs on 8 September 2023 to address the damp and mould and issues with the windows. However, the resident sent several chasers to the landlord as she was unhappy with the work carried out, and there was still mould in the property.
  5. The landlord issued its stage one response on 12 October 2023. It acknowledged that extensive works were completed but it understood that the resident remained unhappy. To acknowledge the repair delays and inconvenience caused, the landlord offered £100 compensation and a further £25 for its delayed complaint response.
  6. The resident escalated her complaint on 21 October 2023 as she disagreed with the landlord’s statement that extensive work had been carried out. The resident also reiterated that there were outstanding repairs in the property, and she had not been contacted to schedule the further repairs.
  7. On 29 February 2024, the landlord issued its stage two response. It acknowledged the distress and frustration caused to the resident and committed to updating the resident regularly on the progress of the outstanding repairs. It offered £400 compensation for time, trouble and inconvenience and £50 for poor complaint handling.
  8. The resident remains dissatisfied as damp and mould remains a significant issue in the property, that she is currently attempting to manage herself due to the landlord’s lack of action. The resident also said that the window repairs did not resolve the problem, and draughts were still an issue due to the condition of the windows.

Assessment and findings

Scope

  1. The resident referenced in her communication with the landlord and this Service that the unresolved damp and mould had affected her health and wellbeing. While the Ombudsman is sorry to hear of these concerns, it is beyond the expertise of this Service to determine a causal link between the landlord’s action (or lack thereof) and the impact on the resident’s health and wellbeing.
  2. Often, when there is a dispute over whether someone has been injured or a health concern, the courts are able to rely on expert evidence in the form of a medico-legal report. This will give an expert opinion of the cause of any injury or effect on health and wellbeing. This would be a more appropriate and effective means of considering such an allegation and so should the resident wish to pursue this matter, she should do so via this route.
  3. This investigation will only consider whether the landlord acted in accordance with its policy and legal obligations, and fairly in the circumstance.
  4. The resident advised this Service that she first reported a problem with damp and mould in 2020. However, paragraph 42c of the Scheme states “The Ombudsman may not consider complaints which, in the Ombudsman’s opinion, were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising”. This means this Service will not normally consider events that have happened more than 12 months prior to them being raised formally with the landlord. Therefore, this investigation will be unable to investigate back to 2020.
  5. This investigation will focus on events after 25 April 2023, which is when an inspection took place at the resident’s property to assess the condition of the windows.

Damp & Mould

  1. Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. They must treat cases of damp and mould with the utmost seriousness. Furthermore, the landlord has a responsibility under the Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth pose a health risk to residents and therefore the landlord is required to consider whether any mould problems in its properties amount to a health hazard that may require prompt remedy.
  2. The landlord also has repair obligations under section 11 of The Landlord and Tenant Act 1985 which places a statutory obligation on the landlord to maintain the structure and exterior of the property.
  3. The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) provides recommendations for landlords, including that they should “adopt a zero-tolerance approach to damp and mould”. The report notes that it is imperative that residents are not left living with damp and mould for an extended period. If damp and mould is not dealt with at the earliest opportunity this will likely increase the frustration and discomfort of the resident and can lead to problems worsening and becoming more complex and intrusive to resolve.
  4. The resident advised this Service that she first reported damp and mould in the property in 2020. This Service has been unable to verify whether the issue existed in 2020 as this falls outside of the scope of this investigation. However, the landlord was aware and acknowledged issues of damp following an inspection on 23 May 2023. The Housing Ombudsman’s Spotlight Report on damp and mould states, “It is imperative that residents are not left living with damp and mould for an extended period” and “Landlords should ensure that their responses to reports of damp and mould are timely and reflect the urgency of the issue”. Subsequently, it would be expected that work would have commenced to address the damp and mould within a reasonable period.
  5. The landlord arranged a further inspection for 8 August 2023. This was inevitably frustrating for the resident, as she had already expressed her disappointment at having several surveys and inspections, with no work being undertaken. Furthermore, it is inappropriate that it took the landlord a further 78 days to arrange the follow on inspection. This was understandably distressing for the resident and demonstrated a lack of proactive action by the landlord.
  6. The landlord’s repair policy states that it aims to complete programmed repairs within 60 days. Programmed repairs are detailed as work that requires additional time due to complexity or a specialist trade needed. Damp works are listed as an example of a programmed repair.
  7. Contractors attended on 8 September 2023; 109 days after the landlord conducted an initial inspection and discovered damp. It carried out mould treatments, as well as damp sealing. While these actions would have temporarily treated the visible affected areas, it failed to address the root cause of the issue. This Service would have expected that remedial work would have gone hand in hand with a survey to investigate the cause of the damp and mould. However, the landlord failed to conduct a survey which was inappropriate.
  8. Between 8 September 2023 and 29 February 2024, when the landlord issued its stage two response, there is no evidence of the landlord undertaking any work to address damp and mould in the resident’s property. This is despite the resident sending several emails chasing up repairs to address the damp and mould.
  9. In its stage two response, the landlord committed to undertaking a comprehensive assessment and completing any repairs identified from that assessment. There is no evidence that the landlord has followed through with this, or that it has undertaken any repairs. This is unreasonable and the landlord has displayed a distinct lack of consideration for the potential impact on the resident’s wellbeing.
  10. This Service is aware that the resident is currently taking steps to manage the mould in the property by purchasing products and cleaning it herself when it appears. With regards to managing the damp, the resident has advised that she has purchased a dehumidifier, as well as consistently using damp seal paint in particular areas.
  11. While it is understandable that the resident would want to take measures to alleviate any discomfort in her home caused by the damp and mould, it is unreasonable that the onus has been on her to manage the problem, particularly given that it appeared to be the result of a structural defect. This has caused the resident financial stress, as well as inconvenience and frustration. Such measures would not be necessary if the landlord had diagnosed the cause of the damp and mould in a timely manner.
  12. The landlord awarded the resident £400 in its stage 2 response for “time, trouble and inconvenience”. There was no compensation provided specifically for the landlord’s handling of the resident’s reports of damp and mould.
  13. Overall, the landlord has failed to resolve the resident’s damp and mould issues appropriately or promptly, resulting in the resident experiencing ongoing distress, inconvenience and significant frustration. The landlord additionally failed to identify the root cause of the issue within a reasonable period of time and as such, it was unable to put in place a lasting and effective fix, as per its obligations under the Landlord and Tenant Act 1985.
  14. Consideration of the outstanding work required, the significant delays endured and the emotional impact that the issues have had on her has led the Ombudsman to conclude that there was maladministration, for which the landlord will be ordered to offer an appropriate remedy for.

Window repairs

  1. Landlords are entitled to rely on the opinions of their qualified staff, such as surveyors. Nevertheless, it is unclear why the landlord surveyors reached such different conclusions regarding the state of the resident’s windows, and it is reasonable that the resident felt disappointed and frustrated by the conflicting information.
  2. While it refused to replace the windows, the landlord acknowledged that some repairs were required. The landlord’s repairs policy outlines that it aims to complete non urgent repairs within 28 days.
  3. The landlord undertook some repairs to the windows on 8 September 2023; 109 days after the landlord inspected the windows and determined that they did not require replacing, but repairs were needed. This delay was unreasonable and caused the resident frustration and inconvenience.
  4. Furthermore, the resident had to chase the landlord on several occasions for updates about repairs. Residents should not be expected to follow up on outstanding works or chase repair appointments. These areas are the landlord’s responsibility and speak to the importance of good communication and robust follow up procedures.
  5. The resident has advised this Service that there are still significant issues with her windows as they are single glazed, with rotten timber frames. The resident has stressed that the repairs have not improved the draughts, causing her property to be cold. The fact that the property is suffering from damp, excess cold will exacerbate the risk of further damp and mould developing in the property.
  6. Overall, the landlord did not adhere to the expected repair timescales outlined within its repairs policy. While some efforts have been made by the landlord to resolve the resident’s issues with the windows, there are outstanding issues that the landlord has failed to address, which has led the Ombudsman to conclude that there was service failure.

Complaint handling

  1. The Ombudsman’s CHC is a document that sets out the Ombudsman’s expectations for how landlords should handle complaints. The code encourages landlords to adopt a positive complaint handling culture that enables them to resolve disputes, improve the quality of the service it provides to residents, and ensure that complaints provide an opportunity for learning and positive improvement.
  2. The landlord operates a two-stage complaints process. The landlord ought to provide a stage 1 response within 10 working days of the complaint being raised, and a stage 2 response within 20 working days of the complaint being escalated.
  3. In accordance with its policy and the CHC, the landlord should have issued a stage one response by 16 December 2022. The CHC states that any delays in providing a complaint response must not exceed an additional 10 working days without good reason.
  4. The landlord issued a stage one response on 12 October 2023; 31 working days after the resident raised her complaint. This is significantly beyond the timescales expected and was therefore inappropriate. Nevertheless, the landlord apologised for its delay in responding to the resident’s complaint and offered £25 compensation for its complaint handling failure. This was reasonable at that point.
  5. The resident escalated her complaint on 21 October 2023. The landlord contacted the resident on 14 November 2023 and advised that if she chose to escalate her complaint, it would withdraw the compensation offered at stage one. It further advised that while a compensation offer could be increased at stage two, it could also be decreased. This was inappropriate. The language used by the landlord might have unfairly and unnecessarily deterred the resident from escalating her complaint, despite providing clear reasons for her escalation. This was contrary to the sentiment of the Complaint Handling Code.
  6. The landlord issued a stage two response on 29 February 2024; 91 working days after the resident escalated her complaint. Again, this is significantly beyond the 20 working day timescale expected and was therefore inappropriate. The landlord offered the resident £50 compensation for the delayed response. As above, the escalation to stage two meant that its original offer of £25 had been withdrawn. Therefore, it is assumed that £50 was the final total compensation offer for its complaint handling failures.
  7. Although the landlord apologised to the resident and awarded compensation for its complaint-handling failures, this was not sufficient to reflect the impact the delay had on her. Overall, the complaint process was unnecessarily protracted. The landlord did not follow its complaint procedure, which prevented the resident from being able to bring her complaint to the Ombudsman Service for an unreasonable length of time.
  8. This Service has therefore concluded that there was maladministration in the landlord’s handling of the matter, and the landlord has been ordered to pay the resident a further £150 in compensation as a result. This is in line with the Ombudsman’s remedies guidance where there was a failure that the landlord has made some attempt to put things right but failed to address the detriment to the resident and the offer was not proportionate to the failings identified by our investigation.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s handling of the resident’s reports of damp and mould.
  2. 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 reports of window repairs.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the associated complaint handling.

Orders and recommendations

Orders

  1. Within four weeks, the landlord is ordered to pay the resident a total of £850 in compensation. This should be paid directly to the resident, and not offset against any arrears. The compensation comprises of;
    1. £450 as offered to the resident previously, if this has not already been paid.
    2. An additional £250 in recognition of the significant distress and inconvenience endured due to the delays in resolving the damp, mould and window issues in the property.
    3. An additional £150 in recognition of the complaint handling failures identified by this investigation.
  2. The landlord must provide the Ombudsman with evidence that payment has been made to the resident.
  3. Following receipt of invoices and/or receipts from the resident, the landlord should refund the resident for any reasonable expenses that she incurred when treating the damp and mould. This includes the dehumidifier purchased by the resident. The landlord must confirm to the Ombudsman in writing that it has refunded the resident.
  4. Within four weeks, the landlord must complete an inspection of the property to assess its condition and the works required to address the outstanding issues with the windows, damp and mould. For the damp and mould, the inspection should be conducted by a specialist damp inspector, and the landlord is entitled to rely on its inspection. Within two weeks of this inspection, the outcome of this inspection must be shared with this Service and the resident.