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Broxtowe Borough Council (202225014)

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REPORT

COMPLAINT 202225014

Broxtowe Borough Council

31 January 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:
    1. Damp and mould.
    2. A vermin infestation in the loft.
    3. The level of insulation in the loft.

Background

  1. The resident is a secure tenant of the property, a 2-bedroom flat in a low-rise block. She has lived at the property since January 2019 with her husband and 3 children.
  2. In or around October 2022, the resident reported she had an ongoing issue with damp and mould in the property. The landlord attended the property on 14 December 2022 to conduct a damp and mould wash.
  3. On 21 December 2022, the resident formally complained to the landlord that the mould wash had been unsuccessful, and she had other outstanding repairs. The resident also stated the damp on the kitchen wall had corroded her fridge and it was no longer functioning.
  4. The landlord issued its stage 1 complaint response on 24 January 2023 and partially upheld the resident’s complaint. The landlord said:
    1. It had requested a different contractor to attend the property to conduct a further mould wash.
    2. It had attended the property on 3 January 2023 to examine the loft. It found the insulation to be adequate and there were no signs of vermin present.
    3. It offered the resident £100 compensation as a contribution to a new fridge.
  5. The resident escalated her complaint with the landlord on 18 April 2023 and stated that she was still experiencing mould in all rooms of the property. The resident also stated that when the loft was inspected, the operative did not inspect it fully and she provided pictures of what she believed was vermin droppings.
  6. The landlord issued its stage 2 complaint response on 11 July 2023 and apologised for the delays in dealing with the resident’s concerns. The landlord said:
    1. The damp and mould works were placed on hold following the landlord’s visit on 14 December 2022, due the walls not correctly accepting the anti-fungicidal treatment. The landlord was unable to confirm that any further works had been planned.
    2. Work was planned to be carried out on the loft on 3 January 2023. However, it was unable to confirm whether these works had been completed.
    3. It would offer the resident an additional £300 compensation (total £400) for the delays, inconvenience and damage caused to the resident’s fridge.
  7. Following completion of its formal complaints process, the landlord contacted the resident on 20 November 2023 and offered her a further £600 compensation for her complaint. This Service understands that the landlord has since:
    1. Paid the resident £1,000 compensation.
    2. Completed a mould wash at the property.
    3. Removed and replaced the loft insulation.
    4. Arranged for vermin control to attend the property.

Assessment and findings

  1. Paragraph 53.c. of the Housing Ombudsman Scheme states that, “The Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.”

The Ombudsman’s intervention

  1. This service contacted the landlord on 22 January 2024 and provided it with a summary of the Ombudsman’s understanding of the events. This included the Ombudsman’s provisional comments as to what the landlord could do to resolve the resident’s complaint.

The landlord’s offer of redress

  1. On 22 January 2025, the landlord provided this Service with evidence that it had acted on the Ombudsman’s provisional comments which would involve paying the resident a further £1,000 compensation.
  2. The resident has informed the Ombudsman that she is satisfied with this as a resolution to his complaint.
  3. The Ombudsman is therefore satisfied, following the intervention of this service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Determination

  1. In accordance with paragraph 53.c. of the Housing Ombudsman Scheme, the landlord has made an offer of redress, following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.