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A2Dominion Housing Group Limited (202413131)

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REPORT

COMPLAINT 202413131

A2Dominion Housing Group Limited

28 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 handling of:

a.     The resident’s reports of damp and mould.

b.     The associated complaint.

Background

  1. The resident lives in an end-terrace house. She is an assured tenant of the landlord.
  2. On 20 November 2023 the landlord inspected the resident’s property, following a report of damp. It carried out a survey on 1 December 2023 and raised the need for a further survey.
  3. On 19 December 2023, 08 January 2024, and 22 January 2024, the landlord was scheduled to attend and complete the survey. It missed the appointments.
  4. On 23 January 2024 the resident complained to the landlord about the missed appointments and requested compensation for the inconvenience. She also complained about damp in the property. The landlord acknowledged the complaint on the same day.
  5. The landlord completed the further survey on 5 February 2024. It produced a report which outlined approximately 20 repairs and investigations which needed to take place. These included investigations into drainage, brickwork, flashing, and other external areas of the property. It also included internal investigations and works, such as repairs to windows, works in the living room and bathroom, and the replacement of extractor fans.
  6. The landlord attended on 16 February 2024 to replace the extractor fan. It attended on 22 February 2024 to investigate the drainage and found no issues. It attended on 28 March 2024 and 2 April 2024 to complete further investigations.
  7. The landlord acknowledged the resident’s complaint again on 13 April 2024. The resident contacted the landlord for an update on 13 May 2024. The landlord apologised for the delay. It issued its stage 1 response on 22 May 2024. It said that:

a.     it was sorry for its lack of communication with the resident

b.     it had requested quotes for the works on 2 April 2024, which it was still waiting for

c.      some works had been completed, but approximately 10 items remained outstanding

d.     some more of the repairs were due to be completed on 28 June 2024

e.     it would pay the resident £410 compensation, made up of:

  1. £250 for the resident’s time, trouble, distress, and inconvenience
  2. £60 for the 3 missed appointments
  3. £50 for the ‘quality of service’ it had provided
  4. £50 for poor communication
  1. On 30 June 2024 the resident asked to escalate her complaint, because the works had not been completed on 28 June 2024 and she had not been contacted. The landlord acknowledged this on 1 July 2024.
  2. On 22 July 2024, the landlord issued its stage 2 complaint response. It:

a.     apologised for the further delays and poor communication.

b.     said that it had rescheduled the works for 30 and 31 July 2024, in addition to further works on 9 August 2024.

c.      offered a further £200 compensation, taking the total to £610. This was made up of:

  1. £410 offered at stage 1 of the complaints process
  2. £75 for further delays
  3. £50 for distress and inconvenience
  4. £50 for communication
  5. £25 for its delay in responding at stage 1 of the complaints process
  1. On 15 August 2024 the resident contacted us and said that the works promised by the landlord in its stage 2 response had not been completed and asked us to investigate.

Assessment and findings

The landlord’s handling of reports of damp and mould

  1. In October 2021, we published our Spotlight report on Damp and Mould. It notes that damp and mould can be prejudicial to health. It notes that it is good practice to inspect promptly. It also stressed the importance that investigations into the root causes, are thorough. The landlord’s damp and mould policy states that it aims to investigate effectively and ‘implement all reasonable remedial repair solutions and improvements to eradicate damp’.
  2. The landlord’s responsive repairs policy states that it will attend ‘standard’ repairs within 20 working days. It aims to complete “planned” repairs within 90 days.
  3. The evidence shows that the landlord’s investigations were thorough. However, the landlord first committed to surveying the property on 17 November 2023 and completed the initial survey on 5 February 2024. Prompt inspections should have been completed within 20 working days, in line with the standard repairs timescale set out in the landlord’s policy. This delay in completing the necessary investigations was a failing.
  4. It was appropriate that the landlord raised further investigations where necessary and made arrangements to begin the works identified. Due to the volume and complexity of the works identified, it is reasonable that the 90 day timescale should have applied. The works identified by 5 February 2024 should have been completed by approximately 5 May 2024.
  5. While some actions were taken promptly (the replacement of an extractor fan and investigations into drainage at the property), the majority were not. At the time of the stage 2 complaint response on 22 July 2024, approximately 10 actions remained outstanding. This was a failing.
  6. The landlord’s Responsive Repairs Policy says that wherever possible, the landlord will ensure, at the earliest opportunity, that residents are advised of any changes or delays to their appointment. There is evidence that the landlord missed a number of appointments, but no evidence that it informed the resident. This was a failing.
  7. The landlord’s stage 2 complaint response offered £585 in respect of its handling of the repairs. It included amounts for its communication with the resident, missed appointments, time and trouble, distress and inconvenience. This was reasonable because the evidence reflects that this was an accurate description of the impact the landlord’s failings had on the resident.
  8. The amount offered was appropriate and in line with our Remedies Guidance, which states that where there was maladministration which adversely affected the resident, compensation of up to £600 should be considered. The landlord was also correct to ensure the outstanding works were arranged and to inform the resident of these dates.
  9. The evidence shows that at least 1 of the 3 appointments promised in the landlord’s stage 2 complaint response did not take place. The resident reported on 30 October 2024 that some of the works outlined had not yet been completed. This was a failing.
  10. Although the landlord paid an appropriate amount of compensation at the time of the stage 2 complaint response, it did not demonstrate that it had effectively learned from outcomes, and the same failings reoccurred. As a result, there was maladministration in the landlord’s handling of reports of damp and mould.
  11. The resident reports that as of 6 March 2025, the majority of works connected to addressing the damp and mould remain outstanding. The landlord has not provided any evidence that these repairs have since been completed. We have ordered the landlord to produce an action plan of how it will ensure outstanding works and investigations linked to damp and mould in the property are now completed. It must then share this with us and the resident.
  12. Between the time of the stage 2 complaint response and the date of this determination, the resident reports that the property continues to experience damp, condensation, water pooling, and mould in multiple areas. The resident complained again to the landlord on 20 November 2024 that she continued to go to extensive time and trouble to clean the mould as it forms. The resident told us about the continued distress, inconvenience, and frustration which results from the ongoing failing to complete the works. The landlord has provided no evidence that it has further taken steps to resolve the issues.
  13. In view of the duration of this further delay, of approximately 8 months from the stage 2 complaint response, we have made a further order of compensation. We have considered the frustration, time, trouble, distress, inconvenience, and impacted enjoyment of her property, during this period. The landlord is ordered to pay a further £500 compensation to the resident. This amount falls in line with our Remedies Guidance, referenced earlier in this report. The landlord must also apologise for the failings in this case.
  14. In its stage 1 complaint response, as part of its learning from this case, the landlord said it had reminded relevant staff members of the importance of good record keeping practices and conducted training in record keeping. The evidence shows that this was likely appropriate, based on some of the failings seen.
  15. However, there is no evidence that the landlord established the causes of, or effectively learned from, the wider delays in this case. For example, why several appointments were arranged by did not appear to go ahead, and why the resident was not informed, in line with its policies. 
  16. The landlord is therefore ordered to complete a senior management review of the failings highlighted in this case. It must set out what went wrong and why, and detail what actions it intends to take to ensure the same failings do not happen again.

Handling of the associated complaint

  1. Our Complaint Handling Code (the Code) sets out the expectations the landlord must meet in its complaint handling. The Code states that landlords must acknowledge complaints and escalation requests within 5 working days of being received. Stage 1 complaint responses should be issued within a further 10 working days.
  2. In issuing the landlord’s stage 1 complaint response, there was a delay of 120 days. This was a significant failing. There is no evidence that the resident was updated about the progress of her complaint, or evidence which explains why the delay occurred.
  3. The landlord issued its stage 2 response within 20 working days. This is in line with the timescales set out for stage 2 complaint responses in the Code.
  4. The landlord was correct to identify this in its stage 2 complaint response. It offered £25 compensation. Our Remedies Guidance states that where there has been a failing of this nature which may cause delays in getting matters resolved, compensation of between £50 and £100 should be considered. The landlord’s Compensation Policy also reflects this, stating that compensation offers for “minor disruption” should start at £50.
  5. The landlord therefore did not do enough to put things right and there was a service failure in its complaint handling. It is ordered to pay an additional £25 compensation below.
  6. There is no evidence that the landlord learned from its failings. The landlord is therefore ordered to also consider complaint handling as part of the senior management review into the failings highlighted in this case.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of reports of damp and mould.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s complaint handling.

Orders

  1. Within 4 weeks of the date of this determination, the landlord must provide evidence that it has:

a.     Paid the resident £525 compensation, made up of:

  1. £500 to reflect the continued time, trouble, distress, and inconvenience following the stage 2 complaint response, due to the unresolved damp and mould.
  2. £25 for the complaint handling failures experienced.
  3. The resident reported that the compensation already offered at stage 2 of the complaints process was paid successfully. The compensation of £525 is in addition to the previous payment made.

b.     Produced an action plan setting out what damp and mould related works remain outstanding at the property and when they will be completed. It must then send a copy of this action plan to the resident and this Service.

c.      Provided the resident with a written apology for the failings highlighted in this case. The apology should be sent by a senior member of staff.

  1. Within 8 weeks of the date of this determination, the landlord must provide evidence that it has:

a.     Conducted a senior management review of the failings highlighted in this case. It must set out what went wrong and why, and detail what actions it will take to ensure the same failings are not repeated. This must include, as a minimum, consideration of the missed appointments and delays in completing the works, and its delay in issuing a stage 1 complaint response.