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Birmingham City Council (202218559)

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REPORT

COMPLAINT 202218559

Birmingham City Council

10 May 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:
    1. Repairs to a flat roof.
    2. Reports of damp and mould in the property.

Background

  1. The resident is a secure tenant. He lives with his partner and 4 children. The property is a 3 bedroom maisonette in a 4 storey block of flats. He has lived at the property since December 2021.
  2. The records are unclear when the resident first reported issues with leaks into the property. In the correspondence sent by him to the landlord, he states that he reported a leak in the roof in December 2021. He was told that the repair had been passed to a contractor. The landlord later said that it ended the contract with the initial contractor and that it refused to send its records to the landlord.
  3. The landlord’s repair history shows that it raised a repair for the leaking roof on 4 April 2022. Its contractor attended on 5 April 2022 and determined that scaffolding was required to complete the repair. The notes show that the flat roof was leaking into the hallway and bedroom.
  4. The contractor sealed the flat roof on 19 April 2022. A further repair was recorded on 21 October 2022, where scaffolding was again required. The contractor attended on 15 November 2022, but was unable to complete repairs due to inclement weather conditions.
  5. The resident complained on 16 November 2022. He said:
    1. Leaks had been ongoing since December 2021. There were increasingly large stains on the walls and all bedrooms had been effected. There was water coming down the wall leaving puddles of water on the carpet.
    2. The contractor who attended on 15 November 2022 did not complete any repairs. He was told that it would be unable to return until December 2022.
    3. He felt the situation needed urgent attention and feared the property would become unsafe for his family.
  6. The landlord acknowledged the complaint the same day. It sent enquiries to the contractor regarding the works.
  7. The resident called the Ombudsman on 17 November 2022. He said that the roof needed urgent repair. There was mould in the property as a result of the water entering the property. We wrote to the landlord on 29 November 2022 to highlight the issues raised. We asked it to provide a complaint response by 13 December 2022.
  8. The landlord issued its stage 1 response on 6 December 2022. It said:
    1. It was unable to provide a response regarding the original contractors performance. The company was no longer contracted to carry out repairs and were not providing any information in response to complaints. It apologised for the delays to complete repairs from December 2021.
    2. It reviewed the recent repair history and noted that its contractor attended on 21 October 2022 and determined that scaffolding was required. It was unable to conduct necessary repairs from the loft space. It followed up on 15 November 2022.
    3. The contractor was unable to conduct the repairs on 15 November 2022 due to the adverse weather conditions. It called the resident on 17 November 2022 to inform him why it hadn’t repaired the roof. It apologised for the delay and the inconvenience caused. A further appointment was made for 8 December 2022.
  9. The resident sought to escalate his complaint on 8 December 2022. He said that the date had been changed to 23 December 2022 without notice. He was unhappy that the repair had been extended. The condition of the roof was becoming worse and he felt the roof could cave in at any time. The walls were soaked and black mould had grown. One of the bedrooms became unsafe for his children.
  10. The landlord acknowledged the complaint on the same day. It said it would issue a response by 10 January 2023. It emailed its contractor and sought details regarding the delays to complete repairs.
  11. The landlord sent further emails to its contractor on 30 December 2022, 6 January and 13 January 2023 asking for a response. It received a response on 13 January 2023 which said that the repairs were complete on 9 January 2023. The delay had been caused by adverse weather conditions and it was unable to complete the repair sooner due to the availability of operatives.
  12. The landlord issued its stage 2 response on 30 January 2023. It apologised for the delay to issue the response. It said the delay was due to the number of complaints it was investigating. It said:
    1. The repairs were delayed due to poor weather conditions.
    2. It was told the repairs were complete on 9 January 2023. It asked the resident to say if this was not the case or there was any outstanding work.
    3. It apologised for the delay and for any inconvenience caused.
  13. The landlord’s repair history shows that a further roof repair was passed to its contractor on 13 January 2023. The contractor attended on 2 February 2023 and required scaffolding to conduct repairs. It returned on 16 February 2023 and noted that it was told there would be a new roof installed in March 2023. There were concerns regarding damp and mould, which the contractor told the resident to report once the roof was replaced.
  14. The contractor attended on 3 May 2023 and found that there was no leak at the property. It returned on 31 May 2023 and found 2 leaks on the roof. It attempted to access the roof via scaffolding on 8 June 2023, but the repair was cancelled as no access by the resident. A further repair was raised and it attended on 24 August 2023 to seal the roof.
  15. The resident made a second complaint on 7 November 2023. He said that the roof had not been repaired. There had been further leaks causing water damage to the property. This caused inconvenience to him and damaged the structural integrity of the property. He wanted an urgent lasting repair to the roof.
  16. The landlord acknowledged the complaint on 10 November 2023. It said that it would issue its response within 15 working days. It emailed its contractor and asked for updates regarding the repairs to the roof.
  17. The landlord issued its second stage 1 response on 24 November 2023. It did not uphold the complaint. It gave a history of repairs to the roof as set out above. It said that there had been no further jobs raised for the roof since 24 August 2023 so assumed that the treatment was successful. It noted that a recall repair was not attended within the target completion date and apologised for any inconvenience this caused.
  18. A repair was raised for the roof on 24 November 2023. The contractor attended on 5 December 2023 and found the roof was dry, but there was a concern that some pipework was leaking. An order was raised for a plumber to inspect the same day. No leaks were found by the plumber or the supervisor on 19 January 2024.
  19. A repair was raised on 4 January 2024 to inspect the damp and mould. The landlord attended on 9 February 2024. Its notes show that the resident refused access to treat damp and mould until the roof was repaired.
  20. The landlord has said in correspondence with the Ombudsman that its repairs to the roof had not resolved the issues. It planned to install new felt to the roof and complete repairs to the soffit and fascia. It would also decorate the ceiling on the landing, in the 2 bedrooms, and external works.

Assessment and findings

Scope of the investigation

  1. The landlord’s records are unclear when the resident first reported issues with the leaks from the roof. It told the resident that its previous roofing contractor had not passed its records to the landlord. The landlord should have systems in place to maintain accurate records of inspections and investigations. Good record keeping is essential to evidence the action the landlord has taken which then aids in its service delivery, enabling it to respond professionally when something goes wrong. In this case it would have ensured that there were clear reasons for its decision making, that could have been shared with the resident. In the absence of evidence of the resident’s earlier reports of leaks to the roof, the Ombudsman has relied on the records from April 2022 onwards.

Policy and procedures

  1. The landlord’s compensation policy states that staff must not encourage or discourage claims. It does not permit the use of ‘discretionary’ or ‘good will’ compensation payments, or payments for distress and inconvenience.
  2. The landlord did not have a damp and mould policy. On 28 April 2024, it told the Ombudsman that it was improving its service and had a policy being processed for approval.

Repairs to a flat roof.

  1. In reaching a decision about the resident’s complaint we consider whether the landlord followed proper procedure, good practice, and acted in a reasonable way. Our duty is to determine complaints by what is, in this Service’s opinion, fair in all circumstances of the case.
  2. The landlord’s initial response to the reports made in April 2022 were addressed within 10 working days. This response reflected the urgency of the issue and was reasonable in the circumstances.
  3. However, the repairs conducted in April 2022 were unsuccessful and further repairs were raised on 21 October 2022. There was a delay of around 2 months before the contractor was able to complete the repairs on 9 January 2023. In the interim period the resident had to chase the landlord on 8 and 23 December 2023, each time highlighting the severity of the impact on him and his family. Although some delays were caused by inclement weather, there was no evidence to show the landlord assessed the risks present to the resident. There was no evidence that any interim measures were taken to make the roof safe.
  4. Following the roof repair on 9 January 2023, further reports were made on 13 January 2023. This showed that the issues were unresolved during the first repair.
  5. The landlord’s stage 2 response on 30 January 2023 recognised that there had been delays conducting repairs. Its apology for the delays was fair. It was reasonable to set out how it had repaired the roof. It demonstrated its intention to resolve the substantive issue by asking the resident to say if the repair in January 2023 had been unsuccessful. It is noted that its compensation policy prevented it from making offers to pay for any distress and inconvenience caused. If it had, then it could have provided some redress for the delays.
  6. Each of the landlord’s complaint responses reflected the advice it received from its roofing contractor. It was reasonable for the landlord to rely on the recommendations made by specialist services. There was no evidence to show that it believed the roof was beyond economical repair in January 2023. However, the landlord could have had greater oversight of this case and monitored the repairs that were ongoing. It could have considered a more in depth survey of the roof earlier in the timeline. This may have reduced the impact on the resident and prevented him from having to making additional reports later.
  7. On 16 February 2023 no repairs were conducted by the contractor. The landlord’s records refer to a discussion between the resident and the contractor about a new roof. It recorded that the resident believed the roof would be replaced in March 2023 and this led the contractor to close the repair. The landlord should have reviewed this determination from the contractor. There were no records to show that the landlord planned to replace the roof in March 2023. Additionally, its findings from its most recent inspection in January 2023 suggested the roof was repairable. The lack of communication between the parties caused further delays to resolve this issue. The resident was caused additional time and trouble to report new repairs in May 2023.
  8. The roofing contractor was unable to access the roof on 8 June 2023. It then took around 2 months to return on 24 August 2023 and seal the roof again. Despite the additional repairs, the resident complained on 7 November 2023 and said the roof was still leaking. The landlord’s response on 24 November 2023 was dismissive of the resident’s concerns. It referred to the repair history and said that the roof had been repaired in August 2023. It should have considered the repeat issues and prepared an action plan to be shared with the resident.
  9. Overall, the Ombudsman finds maladministration in the landlord’s handling of repairs to a flat roof. There was a failure to provide a lasting repair to the roof in a reasonable period. There was an apology for the delay, but there was no redress offered for the distress and inconvenience caused. There was no compensation for the time and trouble taken by the resident. The landlord must pay compensation of £400. This is comprised of:
    1. £200 for distress and inconvenience
    2. £100 for time and trouble.
    3. £100 for delays to complete repairs.
  10. The landlord should also provide a single point of contact for the resident for a senior operative involved in the repairs. It should provide fortnightly updates to the resident until it has conducted the repairs specified in its correspondence to the Ombudsman in April 2024. This includes:
    1. The installation of new felt to the whole roof.
    2. Completing repairs to the soffit and fascia.
    3. Redecorating the ceilings in the landing, rear bedroom and front bedroom.

Reports of damp and mould in the property.

  1. Sections 11 and 9A of the Landlord and Tenant Act 1985 require the landlord to keep the structure and exterior of the resident’s property in repair, and to ensure that the property is fit for human habitation throughout the tenancy. Landlords are required to look at the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). HHSRS does not set out any minimum standards, but it is concerned with avoiding, or minimising potential hazards.
  2. Damp and mould are potential category 1 hazards that fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS. They are expected to conduct additional monitoring of a property where potential hazards are identified. There was an increased risk of harm to the resident, as the damp and mould were present in the bedrooms of the property.
  3. The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) provides recommendations for landlords in responding to reports of damp and mould. Included within these recommendations are for landlords to ensure that their responses are timely and reflect the urgency of the issue. They should also clearly and regularly communicate with residents.
  4. The timeline shows that the resident first reported black mould to the landlord on 8 December 2022. He said that one of the bedrooms was unsafe as a result. There was no acknowledgement of this report in the landlord’s response on 30 January 2023. Its response in this case was not timely or reflective of the urgency of the issue. It should have arranged for a survey to inspect the damp and mould earlier in the timeline. Instead, the first inspection was logged by the landlord on 4 January 2024. It then attempted to conduct a survey of the property on 9 February 2024. There were combined delays to schedule or attempt the damp and mould survey of more than 12 months. This was an unreasonable delay and would have caused distress and inconvenience to the resident and his family.
  5. The landlord did not communicate effectively with the resident regarding the damp and mould. During an inspection of the roof on 16 February 2023 its contractor recorded issues with damp and mould in the property. However, there was no action taken to reduce the impact this had on the resident. There was no decision made regarding the habitability of the bedroom, reported by the resident as unsafe in December 2022. The contractor told the resident that the landlord would return to resolve the issue once the roof was replaced in March 2023. There was no follow up response and the landlord did not replace the roof in March 2023. These combined failures caused the resident additional time and trouble to contact the landlord. There was further distress and inconvenience due to untreated damp and mould in the property.
  6. In the absence of any survey of the property, the Ombudsman has been unable to assess the full impact on the resident caused by damp and mould. We can, however determine that there has been a loss of enjoyment caused by the damp and mould. The landlord did not provide any reasonable redress in its complaint handling to reflect the loss of enjoyment, distress and inconvenience or time and trouble.
  7. It is not possible for this Service to determine whether the bedrooms were completely or partially unusable for the period. So, we have considered a compensation amount based on the lack of use of the bedroom between December 2022 and February 2024. An order has been made below for the landlord to pay the resident £800 in relation to the loss of use of the bedroom. This compensation is awarded in recognition of the inconvenience caused to the resident and his family by not having full use of the property. It is not a rent refund or intended to be an exact calculation of rent paid for that period.
  8. The Ombudsman finds maladministration in the landlord’s handling of reports of damp and mould in the property. There were unreasonable delays to conduct a survey of the property. It did not demonstrate that it assessed the risk to the resident or considered how it might prioritise the works. It did not provide regular updates to the resident. The landlord must pay the resident compensation of £1050. This is comprised of:
    1. £800 for the loss of use of the bedroom in the property.
    2. £250 for distress and inconvenience caused.

Determination

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

Orders

  1. Within 4 weeks of the date of this report, the landlord is ordered to:
    1. Apologise to the resident for the failures identified in this report.
    2. Provide a single point of contact for the resident for a senior operative involved in the repairs. It should provide fortnightly updates to the resident until it has conducted the repairs specified in its correspondence to the Ombudsman in April 2024. The works should be planned within 4 weeks of the date of this report and complete within 12 weeks. This includes:
      1. The installation of new felt to the whole roof.
      2. Completing repairs to the soffit and fascia.
      3. Redecorating the ceilings in the landing, rear bedroom and front bedroom.
    3. Conduct a survey of the damp and mould in the property. The surveyor must produce a report identifying the cause of the damp and recommendations to remedy this. Any works that are recommended must be scheduled within 4 weeks of the survey and complete within 8 weeks. A copy of the report must be shared with the resident and Ombudsman.
    4. Pay the resident compensation of £1450. The compensation is comprised of:
      1. £800 for the loss of use of the bedroom in the property.
      2. £450 for distress and inconvenience
      3. £100 for time and trouble.
      4. £100 for delays to complete repairs.
  2. The landlord is to provide evidence of compliance with the above orders to the Ombudsman.