A2Dominion Housing Group Limited (202412995)

REPORT

COMPLAINT 202412995

A2Dominion Housing Group Limited

31 March 2025

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 response to the resident’s reports of a leak, damp and mould.
2. We have also investigated the landlord’s:
   1. Handling of the complaint.
   2. Record keeping.

Background

3. The resident has a tenancy agreement with the landlord. The resident has COPD and the landlord recorded the resident was vulnerable due to medical problems, including with his heart. The property is a maisonette and the reported leak originated from the flat above. The resident has lived there since 1978.
4. The resident’s representative helped him make his complaint to us and the landlord. For ease, we have referred to the resident throughout the report but this includes contact with the representative.
5. On 9 April 2024 the resident called the landlord and reported black mould, constant leaks and damp in the property. On 23 April 2024 the landlord’s contractor completed a damp inspection of the property. It found:
   1. mould on the bathroom ceiling
   2. 7 separate leaks to the top floor and cracks in the ceiling
   3. damp to the upper floor, a large crack above the stairwell, paint peeling in the kitchen, living room and dining room
   4. further investigation was needed into:
      1. the leak coming from the flat above
      2. the roof
      3. a crack in the living room ceiling
   5. it recommended the following remedial works:
      1. a mould wash to bathroom ceiling/upper course of tiles
      2. redecoration to areas where paint was peeling
      3. repair to concrete ceiling in living room
      4. monitoring after remedial works to ensure the leaks had not returned
   6. the report noted the resident had COPD.
6. On 16 April 2024 the resident emailed the landlord and said he felt he was previously ignored and did not want the same to happen again. On 20 May 2024 the landlord provided the stage 1 complaint response. It said the complaint was about an ongoing leak and the service provided. It:
   1. acknowledged and apologised for the delay in fixing the leak
   2. said this was due to problems accessing the flat above
   3. committed to ensuring access by 31 May 2024 to investigate the source of the leak and to ensure it was fixed
   4. offered the resident a total of £210  compensation.
7. Around May or June 2024 the landlord recorded a stage 2 complaint from the resident. The landlord did not provide evidence of the resident’s escalation request for this investigation. On 26 June 2024 it provided the stage 2 response to the complaint that ‘works remain outstanding relating to the stage 1 complaint’. It said:
   1. it did not gain access to the flat above on 31 May 2024
   2. it had sent letters to the occupant of the flat above and knocked on the door
   3. on 21 June 2024 the contractor accessed the flat above and pinpointed where the leak was coming from
   4. its contractor attended a follow-up appointment with the resident on 25 June 2024 to assess the extent of the leak
   5. it had been unable to access the flat above since 21 June 2024 but had made a further appointment for 27 June 2024
   6. if access continued to be an issue, it would apply for an injunction
   7. it had asked its contractor to correspond with the resident while the remainder of works were scheduled, managed and completed
   8. apologised and offered a further £200 compensation, bringing the total amount offered at stage 1 and 2 to £410.
8. The resident brought the complaint to us in July 2024. He said:
   1. the complaint was about multiple leaks and black mould in the property
   2. he first reported it to the landlord in January 2024 and made a complaint in April 2024
   3. the leak was coming through various points in the living room and hallway
   4. he was unable to go to bed as he was emptying buckets full of water from the leak
   5. the landlord had done very little in response
   6. he wanted the landlord to repair the leak and damage to his property
   7. he wanted the landlord to replace damaged property and provide compensation.
9. Following the landlord’s stage 2 complaint response, in January 2025 the landlord provided evidence that the leak, damp and mould repairs were still unresolved due to access issues. In February 2025, the resident told us the landlord had resolved the leak and completed all the associated repairs. The resident confirmed he would like additional compensation in recognition of the impact of the delays.

Assessment and findings

Record keeping

10. We expect landlords to maintain a robust record of contact and repairs. This is because clear, accurate, and easily accessible records provide an audit trail and enhance landlords’ ability to identify and respond to problems when they arise. 
11. The landlord failed to maintain adequate records, which has impacted our ability to carry out a thorough investigation, as highlighted at various points throughout this report. The lack of evidence shows a lack of co-ordination between the landlord and its contractors. This was a failure by the landlord and contributed to the other failures identified in this report.
12. A similar finding was made in report 202332886, determined earlier this month. The report ordered the landlord to provide evidence of recommendations it made regarding record keeping and  how these would be applied going forward. Therefore no further orders are made.

Leak, damp and mould

13. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. This includes the roof, guttering, and external walls. The tenancy agreement says that the landlord is also responsible for repairs to the internal walls, ceilings and plasterwork.
14. Under the Homes (Fitness for Human Habitation) Act 2018, the landlord must ensure the property is fit for human habitation throughout the tenancy. The landlord must also ensure that its properties are free of category 1 hazards under the Housing Health and Safety Rating System (HHSRS). Damp and mould is listed as a potential category 1 hazard.
15. The resident said he reported the leak to the landlord in January 2024, but the first evidence the landlord provided of the resident’s contact was 9 April 2024. On 16 April 2024, the resident said the leak had been ongoing for 3 months. The landlord’s repairs policy says standard repairs will be completed within 20 working days. A damp survey was completed on 23 April 2024, but there are no repair records from April 2024 to evidence that the landlord attempted the recommended repairs within the 20 working day period.
16. We understand from the evidence it provided that the landlord faced difficulty in gaining access to the flat above. The landlord had an obligation to ensure that leaks were resolved within its repair timeframes and to mitigate further damage to the resident’s property. The landlord provided evidence that it made some attempt to access the flat above, but ultimately it did not fix the leak until February 2025, 11 months after the evidenced report in April 2024.
17. The landlord’s contractor informed it on 2 October 2024 that it had accessed the flat above and fixed the leak that day, but it needed to carry out further testing. However, in January 2025 when the landlord returned the requested evidence for this investigation, it confirmed the works were not complete due to ‘no access’. The resident confirmed the leak was not fixed until around February 2025. This was an 11 month delay, during which time the resident reported having to manage the leak with buckets, and stay with friends to avoid breathing in the mould. He was also worried about the impact of the mould on his health. Based on the evidence, the delay was excessively unreasonable and the landlord did not do enough to fix the leak in a timely manner.
18. The landlord’s damp and mould policy says it will take the following actions when damp and mould is reported:
    1. undertake reasonable improvement works
    2. diagnose the cause of damp correctly and deliver effective solutions
    3. provide support to residents whilst living in a property that has damp and mould
    4. inform the resident of the findings of investigations following the visit including possible causes, recommending solutions and remedial works and provide estimated timescales for completion of works.
19. The resident reported black mould and damp to the landlord on 9 April 2024. On 23 April 2024 the landlord’s contractor completed a damp survey which confirmed mould on the bathroom ceiling and raised remedial works, as well as recommending the leak was fixed. This was appropriate.
20. There is no evidence that the landlord provided an interim solution for the damp and mould while it was waiting to fix the leak.  This was the case until August 2024 when it offered to carry out a mould wash and provide temporary accommodation for the resident.
21. The resident said he did not want a mould wash until the leak was fixed, as the mould would likely return. He was reluctant to move out because he wanted to be around to stop the leak from entering neighbouring properties. The landlord then explored the option of providing accommodation for the resident to use to escape the mould, and return to the property to help contain the leaks. It does not appear the resident used this option, but it also should not have been left to the resident to contain the leaks himself. It is clear the resident was not refusing temporary accommodation, but was concerned about further impact from the leak on his neighbours and his home.
22. While it is positive to see the landlord offered the resident some temporary solutions, these were not offered until 5 months after he reported the leak, damp and mould. The problems then remained unresolved for another 6 months. This was unreasonable. The resident has confirmed to us that in February 2025 the landlord carried out works to address the damp and mould after the leak was repaired, which have resolved the problems.
23. Until August 2024, the evidence shows that the landlord failed to keep the resident regularly informed about what it was doing regarding the leak and damp. The resident asked the landlord for an update on numerous occasions following the stage 2 response. On 23 July 2024 an email from the resident stated the landlord had ‘left an elderly unwell man to live in an unsafe environment’.
24. Our Spotlight reports on damp and mould, attitudes, respect and rights published in October 2021 and January 2024 respectively, make the following recommendations:
    1. that landlords clearly and regularly communicate with their residents about ongoing damp and mould.
    2. respond to a vulnerable person’s individual needs and circumstances.

Given the resident’s known health issues, the landlord should have done more to alleviate the resident’s distress surrounding his concerns. This was a failing.

25. The landlord offered the resident a total of £410 for the failures it identified in fixing the leak. While it is positive that the landlord has acknowledged its failings, we do not consider that the compensation offered was sufficient, taking into account all the circumstances of this case. The resident was left living with damp, mould and a leak in his property for 11 months.
26. The evidence has also demonstrated that while the landlord acknowledged its failings, it then missed the opportunity to learn from the complaint. The delays continued and it failed to keep to the timeframes set out in the complaint responses. It also failed to address the resident’s damp and mould concerns in its complaint responses. Overall, the landlord’s poor handling of the resident’s reports of a leak, damp and mould amounts to maladministration. We have therefore considered what else the landlord needs to do to put things right.
27. The landlord’s offer of £410 was in line with its compensation policy. This was appropriate for the delay up until the end of June 2024, which at that point had been 3 months. As the delay continued for a further 8 months until February 2025, and given the resident’s additional distress relating to mould, his concerns about his health, and his worry over the leak impacting both him and his neighbours, we have ordered additional compensation.
28. Our guidance on remedies states that when taking into account the level of service failure and the impact of the complaint on the resident’s use and enjoyment of their property, we may consider awarding an amount of compensation equivalent to partial rent for the period in question. This has been calculated as:
    1. 20% of the resident’s £152.68 weekly rent from the end of June 2024 until the end of August 2024 when the landlord offered temporary accommodation, rounded up to £244.
    2. 10% of the resident’s rent from August 2024 until February 2025, rounded up to £367.
    3. a total of £611.

Complaint handling

29. The landlord’s complaint policy says it will respond to a stage 1 complaint within 10 working days and a stage 2 complaint within 20 working days.
30. The resident called the landlord on 9 April 2024 saying he had black mould, constant leaks and damp in the property. On 16 April 2024 the resident emailed the landlord again expressing further concern. Our Complaint Handling Code (the Code) defines a complaint as “an expression of dissatisfaction, however made, about the standard of service, action or lack of action by the landlord”. Therefore the landlord should have treated the resident’s phone call on 9 April 2024 as a formal complaint. The stage 1 complaint response was issued on 20 May 2024, outside of the 10 working day period set out in its policy. The landlord did not recognise the delay or provide an explanation.
31. The landlord then issued a stage 2 complaint response on 26 June 2024. The landlord has not provided evidence of the resident’s complaint escalation so we do not know when this happened. The landlord also failed to respond to the resident’s concerns about damp and mould in the property. While we appreciate this work was linked to the continuing leak, the resident expressed worry and concern for his health relating to the mould several times throughout the complaint period, including in April 2024, prior to the stage 1 response. Further, on 1 August 2024 the resident emailed the landlord saying the flat was getting worse each day and there was mould in the living room. The landlord responded on 16 August 2024, saying the stage 2 complaint response had been issued. The landlord therefore missed another opportunity to respond to the resident’s concerns about damp and mould.
32. We can also see that on 5 July 2024 the resident emailed the landlord asking for an update. The landlord responded that the complaint was being investigated at stage 2. This was incorrect, as the stage 2 complaint response was dated 26 June 2024. This demonstrated a lack of consistency and coordination in providing information about the complaint to the resident.
33. The landlord did not offer compensation for the delay in responding to the complaint at stage 1 or stage 2. The landlord’s compensation policy says that for ‘failure to follow the complaints policy or correctly investigate a complaint causing inconvenience’ it will award £100 – £150. In this case, the landlord is ordered to pay the resident £150 for the stage 1 delay and failure to correctly investigate the complaint.
34. Prior to the stage 2 response, on 25 July 2024 the landlord said it emailed a liability claim form for damage to personal belongings to the resident. The resident explained to us that he did not recall being sent this.  We have recommended that the landlord sends this information again, in case the resident wishes to claim for any items damaged by the leak, damp and mould.  

Determination

35. In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in its record keeping.
36. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s response to the resident’s reports of a leak, damp and mould.
37. In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in its handling of the complaint.

Orders

38. Within 4 weeks of the date of this report, the landlord must provide evidence that it has:
    1. provided a written apology to the resident for the failures identified in this report
    2. paid compensation directly to the resident of a total of £761 broken down as:

i. £611 for the additional distress and inconvenience caused by the delay in repairing the leak, damp and mould

iii. £150 for the delay and failure to correctly investigate the complaint

iii. this is in addition to the £410 already offered at stage 2, which should also be paid directly to the resident if it has not already.

Recommendation

39. It is recommended the landlord provide the resident with information about how to make a liability claim for damage to personal belongings.