North West Leicestershire District Council (202225027)

REPORT

COMPLAINT 202225027

North West Leicestershire District Council

25 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

The complaint is about the landlord’s handling of reports of multiple repairs in the property, including leaks, holes in the internal walls, a missing vent and damp and mould.

Background

The resident has a secure tenancy with the landlord. The resident moved into the property on 16 January 2021 by a mutual exchange. The property is a 2-bedroom bungalow. The landlord said it is aware that the resident has mental health difficulties.
On 17 January 2021 the resident contacted the landlord and said the property was not in a good condition for her to move into. The resident reported that there was mould in the bedroom and bathroom, holes in the walls, damage to the plaster and the door frames, a hole in the living room carpet and a hole in the hallway cupboard. On 26 January 2021 the resident reported that there was water leaking in the top corner of the kitchen and living room, causing the walls, and ceiling to become damp. She said she was worried there was an underlying problem with the property because of the presence of damp and mould.
On 3 August 2021 the resident raised a complaint to the landlord. She said:
1. she had contacted the landlord on 17 January 2021 about the repairs, but it had not responded to her.
2. she had been left for 7 months with damp and mould in the property, holes in a wall, a leak, badly plastered walls, and damage to the door frames. The resident said she was concerned about her health because of the mould in the property and she had tried to clean the mould, but it kept returning.
3. she wanted the landlord to complete the repairs in the property.
On 9 August 2021 the landlord provided its stage 1 response. It said it would carry out a damp, mould, and condensation inspection. The landlord said once it had completed this, it would identify all the repairs, and it would arrange for a plasterer to repair the walls. The landlord apologised to the resident for the lack of communication with her about the repair issues.
On 23 September 2021 the landlord inspected the property. It recommended a mould treatment in the kitchen, bathroom and both bedrooms. It also recommended renewing a blocked air vent in the living room. In November 2021 the resident reported that the leak was getting worse and she believed that the leak was coming from the roof. The resident continued to contact the landlord about the repair issues throughout 2022.
On 17 January 2023 the resident contacted the landlord and said that it had not completed any of the repairs. The resident said she had to repeatedly chase the landlord for updates about the repairs. She said she felt disappointed and let down by the landlord. She said the condition of the property was affecting her physical and mental well-being.
On 3 February 2023 the Ombudsman contacted the landlord and asked it to respond to the resident’s complaint at stage 2.
On 28 February 2023 the landlord provided it stage 2 response. It said:
1. it had completed the majority of the repairs on 23 and 24 February 2023.
2. the renewal of a vent in the living room and works in the bathroom were scheduled for 10 March 2023. The landlord said while the operatives were on site they would assess the skimming works that were still outstanding.
3. it had apologised for the length of time taken to complete the works and it would check the final stages of the repairs on 13 March 2023.
In referring her complaint to the Ombudsman, the resident said that there were outstanding repairs in the property including skimming walls and replacing a vent (although we understand from her 18 August 2023 email that the damp and mould has been resolved). She said she wanted an apology from the landlord, for it to complete the outstanding works and compensation for the distress and inconvenience caused by the delays.

Assessment and findings

Scope of the investigation

The resident also raised other repair issues with the landlord including issues with the kitchen cupboard doors, the handles on the windows, the bathroom pipes and the external vents outside of the property.
Paragraph 42.a of the Scheme states:
“42. The Ombudsman may not consider complaints which, in the Ombudsman’s opinion: a. are made before having exhausted a member’s complaints procedure unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale”.
It is unclear if the resident has raised these issues as a formal complaint with the landlord. These matters did not form part of the original complaint brought to this Service. Accordingly, this investigation will only consider the issues raised in the resident’s complaint to the landlord on 3 August 2021. The resident can address any new issues that have not been subject to a formal complaint directly with the landlord and progress this as a new formal complaint if required.

The landlord’s handling of reports of multiple repairs in the property, including leaks, issues with the plastering, a missing vent and damp and mould

The landlord’s housing repairs and maintenance policy (2020 and 2021) states:
1. it will attend “high priority” repairs within 1 to 3 days.
2. it will attend scheduled repairs within 20 working days from receipt of the repair request. It will complete the works no more than 60 working days from receiving the repair request.
3. when there is a requirement to measure, scope, or inspect work, a repair inspection appointment will be agreed and booked with the resident to be carried out within 10 working days of the request.
4. when a tenancy ends, work is undertaken to bring the property up to its “empty home lettable standard” prior to the next resident moving in. This is to ensure that the property is safe, secure, clean and in a good state of repair.
5. after completing a repair, it will check the quality of the work by completing an inspection after the works have been completed (referred to as a post inspection).

Events prior to the resident’s formal complaint

On 17 January 2021 the resident reported that there was mould in the bedroom and bathroom, and other repairs. On 26 January 2021 the resident reported that there was water leaking in the top corner of the kitchen and living room, causing damp.
On 19 June 2021 the resident contacted the landlord and asked for an update about the repairs. She explained that the landlord had not completed any repairs since she had reported the issues on 17 January 2021. In addition, she explained that she believed the leak was coming from the roof.
The resident chased the landlord for a response to her concerns on 14 July 2021. On 3 August 2021 the resident raised a complaint to the landlord because it had not responded to her reports of repairs in the property.
There is no evidence that the landlord carried out any repair works in the property between 17 January and 3 August 2021. This was not in line with the landlord’s repairs policy and was a significant failing in the landlord’s handling of the repairs.
The landlord provided its stage 1 response on 9 August 2021. For ease of reference the Ombudsman has referred to each repair issue separately below.

Damp and mould

In its stage 1 response the landlord said it would carry out a damp, mould, and condensation inspection. The landlord’s repair records show that it completed the inspection on 23 September 2021. This was 8 months after the resident had first reported damp and mould in the property. This was not appropriate and not in line with the landlord’s repairs policy.
The inspection on 23 September 2021 found that a mould treatment was required in the kitchen, bathroom, and bedrooms. The landlord emailed the resident on 23 November 2021. It said it was due to treat the mould in the kitchen and the bedrooms on 12 November 2021. While it was appropriate to carry out work to try and address the damp and mould, this appears to have been done before the reported leak, which the landlord later acknowledged was the cause of the damp and mould, was investigated. The landlord should have ensured that it identified and fixed the cause of the damp and mould first.
However, the resident had cancelled the November 2021 appointment, and it had therefore rescheduled the works for 4 January 2022. The landlord has not provided an explanation as to why there was a delay of 2 months in it arranging to complete the mould treatment, or why there was an additional 2-month delay in it rescheduling the works.
The landlord carried out a mould treatment in the property on 4 January 2022. This was 4 months after the landlord’s damp and mould inspection and 12 months after the resident had first reported damp and mould in the property. This was significantly outside the timescales set out in the landlord’s repairs policy and would have likely caused distress and inconvenience to the resident.
On 13 January 2022 the resident contacted the landlord and said that there was still mould present in the property. The resident explained that she had tried to clean the mould, but it kept returning. The landlord inspected the property again on 26 May 2022, which was 4 months after the resident had informed the landlord that the mould was still present. The delay in the landlord inspecting the property was not appropriate.
The inspection on 26 May 2022 found that a further mould treatment was required in the property. The landlord’s records suggest that this did not take place until 24 February 2023 which was almost 9 months later. This was a significant failure in the landlord’s handling of reports of damp and mould in the property.
The landlord should have taken appropriate steps to avoid or minimise damp and mould which are potential health hazards in line with Housing Health and Safety Rating System (HHSRS). Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified. The evidence shows that the landlord failed to:
1. appropriately monitor the property when the resident reported issues of damp and mould.
2. respond to the reports of damp and mould in line with its repair obligations and within a reasonable time.
3. mitigate the housing conditions and the impact to the resident.
4. monitor the effectiveness of the mould treatments and correspond with the resident about whether the treatment had resolved the issue.

Leaks

The resident emailed the landlord on 22 November 2021. She asked if the landlord could inspect a leak coming from the ceiling in her bedroom and kitchen. The resident explained that the leak was getting worse.
The landlord emailed the resident on 23 November 2021. It said it had no record of a leak in the property. The resident responded to the landlord on the same date and said she had reported a leak in January 2021 alongside the other repair issues. The repair records show that the landlord recorded a leak repair to the kitchen on 26 January 2021. There is a further repair record of a leak in June 2021, noting this was possibly from the roof. The landlord’s response was therefore incorrect. The records indicate that an operative did attend to look at the roof on 25 November 2021, but on 13 January 2022 the resident emailed the landlord and said that she had heard nothing further following this. On 26 May 2022 the landlord inspected the property and said it would “scope the roof space for insulation”.
On 11 November 2022 the landlord found that the reported leak was in fact condensation. The landlord said the damp and mould was caused by condensation in the loft. The landlord said it completed works to the roof insulation on 20 December 2022 and this resolved the condensation issues.
There was a delay of 23 months in the resident reporting a leak and the landlord completing works to remedy it. This was significantly outside the timescales set out in the landlord’s repairs policy. The delays in the landlord inspecting and remedying the issue were inappropriate and fell significantly outside of the service expected by the Ombudsman and in accordance with the landlord’s repair obligations.
In conclusion, the evidence shows that the landlord failed to inspect the resident’s reports of a leak in the property within a reasonable time and in line with its repairs policy. The landlord acknowledged that the damp and mould was caused by condensation in the loft, which was only identified in November 2022. It is therefore reasonable to conclude that if the landlord had addressed the resident’s reports of a leak sooner, the issues with the damp and mould would have been resolved sooner.

Plastering works

On 15 September 2021 the landlord completed some plastering works in the property. This was 8 months after the resident had first reported issues with the plaster on 17 January 2021. This was not appropriate and not in line with the landlord’s repairs policy.
The resident emailed the landlord on 2 October 2021. She said that the landlord had completed some plastering works on 15 September, but she was still waiting for it to return to complete some skimming works.
On 26 May 2022 the landlord identified further plastering works that were required in the property. The landlord’s repair records suggest it completed further plastering works on 24 February 2023. The delay in the landlord completing the plastering works was not appropriate and not in line with its repairs policy.
The resident contacted the Ombudsman on 14 August 2023 and said that there were outstanding plastering/skimming works on 2 walls. The Ombudsman has been unable to confirm with the resident whether there are still outstanding repairs to the plaster and internal walls. The landlord has not provided a post-works survey to confirm whether there are any outstanding repairs in the property.

The vent

On 23 September 2021 the landlord inspected the property and recommended renewing a blocked air vent in the living room.
The landlord said it completed renewal works to the air vent on 4 January 2022. This was 4 months after the landlord’s inspection in the property. The delay was not appropriate.
On 13 January 2022 the resident said that there were still issues with the vent in the living room. The landlord failed to address the issue with the vent until 29 July 2022 when it informed the resident that it would “try and renew the internal vent”.
In its stage 2 response, the landlord said it renewed the living room vent on 10 March 2023. However, the resident contacted the Ombudsman on 14 August 2023 and said the works to the living room vent were still outstanding. The Ombudsman has been unable to confirm with the resident whether there are still outstanding repairs to the internal vent. The landlord has not provided a post-works survey to confirm whether there are any outstanding repairs in the property.

Conclusion

Throughout the complaint, the resident had to repeatedly chase for updates and on multiple occasions explained the impact that the repair issues and the damp and mould had on her wellbeing. While the Ombudsman understands that complex repairs may require additional time for the landlord to complete them, there is an expectation that the landlord keeps in communication with the resident and updates them on the progress of the repairs. The evidence shows that this did not happen.
The landlord said that the delays were partly due to restrictions during COVID-19. While this may have been the case and we acknowledge the impact that COVID-19 had on repairs services, the landlord should have updated the resident in writing about its position on repairs during COVID-19 restrictions. There is no evidence that the landlord did this. In addition, the evidence suggests that COVID-19 restrictions were not the only reason for the delay and the landlord should have been more proactive in monitoring and actioning the repairs between 2021 and 2023.
The landlord’s records also show departments chasing for updates on repairs. The landlord should keep up to date repair records which are easily accessible to all staff. The landlord failed to keep its repair records up to date which caused unnecessary delays and worsened the situation for the resident. The Ombudsman has identified several, accumulative failures over a significant period. The landlord acknowledged that there had been delays in it responding to the resident’s reports of repair issues. However, its complaint responses failed to acknowledge the significant delays and failed to put things right for the resident. The landlord disregarded its policies and procedures and there is no evidence that it learned from outcomes. In addition, the resident explained that the issues had a significant impact on her ability to enjoy her home, and the process of having to repeatedly chase the landlord about the repairs caused her distress and inconvenience.
Overall, the Ombudsman has found severe maladministration in the landlord’s handling of reports of multiple repairs in the property, in particular its handling of the damp and mould, and leak issues. In terms of the impact the failings had on the resident, we have seen photographs of the property which show black mould around the windows and on the internal walls, water droplets coming from the ceiling and wet patches on the ceiling and the walls. The resident said she did not feel comfortable sleeping in her bedroom because of the damp and mould that was present. This would have likely impacted the resident’s enjoyment of the property.
In her complaint, the resident explained that she “feared for her health” because of the damp and mould in the property. On 17 January 2023 the resident said she had been expected to live in a “mould riddled property” for a significant period and this had severely impacted her physical and mental wellbeing. The evidence therefore shows that the landlord’s failings exacerbated the associated impact on the resident over an extended period and this amounts to a severe failing by the landlord.
The landlord has been ordered below to write to the resident to apologise for its failings as identified by this investigation. This is in line with our dispute resolution principles to be fair and put things right.
With consideration being given to the Remedies Guidance, the Ombudsman has ordered the landlord to pay the resident compensation to recognise the distress and inconvenience caused by its failures over a significant period, and the loss of enjoyment of the property.
The Ombudsman considers that compensation equivalent to 25% of the resident’s weekly rent is appropriate for the failures outlined in this investigation. The number of weeks has been calculated by considering the period between the resident’s report of damp and mould in the property on 17 January 2021 and the date the landlord completed works on 20 December 2022 to resolve the condensation and subsequent damp and mould (100 weeks). The calculation is based on the basic weekly rent set out in the tenancy agreement. This is in line with our dispute resolution principles to be fair and put things right.
The resident told us that the outstanding works at the property included skimming the internal walls and installing the internal vent. The Ombudsman has therefore ordered the landlord to complete any outstanding works relating to this complaint. The landlord must provide evidence of compliance to this Service. This is in line with the Ombudsman’s dispute resolution principle to put things right.
In correspondence with the landlord the resident said that her personal items had been damaged because of the damp and mould. The landlord said the resident could submit a claim for any losses incurred. It is unclear if the resident has submitted a claim to the landlord’s insurer. The Ombudsman has therefore ordered the landlord to contact the resident to discuss the damage to her belongings, including whether a claim is being considered by its insurer.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of reports of multiple repairs in the property, including leaks, holes in the internal walls, a missing vent and damp and mould.

Orders

Within 28 calendar days of the date of this determination, the landlord must:
1. provide a full apology for the errors identified in this report. A senior director must make the apology.
2. pay compensation to the resident of £2,000 as calculated at paragraph 47 for the likely distress and inconvenience caused by the landlord’s handling of repairs and the loss of enjoyment of the property. The landlord must pay the compensation directly to the resident.
3. contact the resident to discuss the damage to her belongings, including how she can make a claim or whether a claim is being considered by its insurer.
4. contact the resident to confirm an appointment to complete any outstanding works to the property in relation to this complaint, including skimming the internal walls and installing the internal vent.
The landlord must use its best endeavours to ensure the works are completed within 28 days of the date of this investigation. The landlord must retain records of its actions to confirm it has employed its best endeavours.
Within 56 calendar days of the date of this report, the Ombudsman orders the landlord to carry out a full senior management review of this case in accordance with paragraph 54.g of the Scheme, to identify learning and improve its working practices. A senior officer must conduct the review. The landlord must share the review with this service and the review must include:
1. an explanation of how the landlord will ensure the works of its contractors are completed within a reasonable time, and how it intends to identify and respond to repeat repairs in the future.
2. a review of its procedures for damp and mould. In doing so, the landlord should have regard to the Ombudsman’s Spotlight report on Damp and Mould.
The landlord must provide evidence of compliance with these orders.