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Camden Council (202315806)

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REPORT

COMPLAINT 202315806

Camden Council

5 February 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 the resident’s:
    1. concerns about damp and mould works completed before moving into the property.
    2. reports of leaks, damp, and mould.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident is a secure tenant of the property, where she has lived since 5 June 2023. The property is a 2-bedroom, ground floor flat, which she occupies with her 2 children. The resident has told the Ombudsman that she has developed breathing issues and that one of her children has asthma. She has also said that the child has a disease which is affected by cold weather and draughts. The landlord is a local authority. The landlord does not hold any record of vulnerabilities for the resident or her household.
  2. The resident was due to move into the property in February 2023 and the landlord allowed her access to the property before she moved in to prepare. During this period, the resident noticed some repair issues, which she reported to the landlord. At this point, the landlord identified that the previous tenant had reported repairs and the landlord had not passed these to its voids team. The landlord told the resident that it should not have offered her the property at that time. The resident moved back to her previous property. The landlord told the resident that it would continue to explore all options to help the resident to move, including holding the property for her until it had completed all the repairs.
  3. The landlord instructed a surveyor to complete a damp and mould inspection of the property it offered to the resident on 28 February 2023. The inspection identified there was damp and mould present in most of the rooms. The surveyor recommended a number of repairs to resolve the issue.
  4. The landlord informed the resident that it had completed the recommended repairs and she moved into the property in June 2023. On 11 July 2023, the resident reported a leak coming from the flat above, which she said was throughout her property. The landlord attended and identified the leak was occurring when the neighbour above took a shower, which it said was due to loose tiles. The landlord raised follow-on works. On 31 July 2023, the resident reported another leak through the back bedroom ceiling and window frame. The landlord attended on the same date and raised follow-on works for the gutters to be cleared. It completed this work on or around 11 August 2023. On 31 July 2023, the resident complained to the landlord that:
    1. It had not completed the works identified in the surveyor’s report of 28 February 2023, before she moved in. She said this was the reason she had been affected by leaks and that there were patches of damp in her property.
    2. It had not reduced the height of the trees in the rear garden as recommended.
    3. It had told her that it would lay nonslip paving slabs to the rear patio as the current ones were dangerous. This was outstanding.
    4. She had reported a leak on 11 July 2023 and the landlord told her that this was due to loose tiles in the neighbour’s property. The landlord said it would complete the repair on 28 July 2023. Her neighbour had told her the landlord had attended as arranged but not completed any work or advised on next steps.
    5. She had reported a leak on 30 July 2023 because water was dripping through her bedroom ceiling and window frame while it was raining. The landlord had attended on the same date and told her that it would need to raise further works to clear the gutters, which it would complete on 19 September 2023. The resident said this was too long because it meant her child would have to sleep in her bed, and she would have to sleep on the sofa, until the landlord completed the repair.
    6. She had paid for new flooring, which was wet and had been damaged because of the leak.
  5. On 13 October 2023 the landlord sent its stage 1 response, in which it said:
    1. It apologised for the delay in providing the complaint response.
    2. It was unable to agree with the resident’s complaint because its records showed it had completed the identified works before the resident moved into the property.
    3. It had attended the resident’s reports of repairs within its repair timescales.
    4. It apologised for the distress and inconvenience caused by the leak on 31 July 2023.
    5. It had attended the property on 10 October 2023 to discuss the resident’s concerns. It had made the following observations at this visit:
      1. a family member was going to replace the flooring in the toilet
      2. there was no visible damage or works required in the rear bedroom where water had leaked on 31 July 2023
      3. it would raise repairs to put mastic on the bottom of the weather board and to make good the brickwork/sand and cement to a disused vent near the downpipe
    6. Its contractors had experienced difficulties getting into the neighbour’s property due to no access and no response from the neighbour.
    7. It would arrange to inspect the property above as soon as possible and arrange any works, which it hoped would stop the leak affecting the resident’s kitchen ceiling.
  6. On 20 October 2023 the resident contacted the landlord to escalate her complaint to stage 2. She said:
    1. Water continued to pour on to the windowsill, causing a puddle in the front bay window. She wanted evidence that the bay window area was re-sealed and re-pointed, as recommended in the survey in February 2023.
    2. She wanted wet walls, cracked bricks, holes, and pointing fixed and the bay windows re-sealed. She asked if the landlord would pave the area of soil around the bay window to prevent damp rising.
    3. She asked why the landlord had not trimmed the rear garden trees, as per the survey.
    4. She asked why the kitchen and bedroom no longer needed plastering, when there were cracks from where the water had come through.
    5. The resident asked if the windowsills around the property needed repairing because they were cracked. She asked about regeneration work to replace the windows.
    6. She asked the landlord to draught-proof the bay window and other windows and for it to fit radiators below windows in the bedrooms and living-room.
  7. On 17 November 2023 the landlord sent its stage 2 response, in which it said:
    1. The resident had not shown it the front bay area when it visited on 10 October 2023. It had attended on 6 September 2023 and applied silicone to the bay window. It had completed the identified works from the survey in February 2023 before the resident moved into the property.
    2. It had inspected the brickwork to the rear of the property and there were no issues. The installation of paving would be an improvement and not something the landlord would do.
    3. It referred to previous advice given regarding the trees.
    4. There was no evidence of cracks in the room to the rear of the property during the inspection on 10 October 2023. The area in the kitchen did not need plastering but the resident may need to decorate, which was her responsibility.
    5. The paint on the windows was peeling but checks conducted by the landlord state that the windows were still in good condition. The landlord had inspected the external windowsill for the rear bedroom where the leak had come through and it was in good condition.
    6. The other windows had peeling paint but other than this were in good condition.
    7. It had completed its window replacement programme for the resident’s area in November 2020. The landlord had no plans to renew windows at that time.
    8. It did not fit draught excluders, as per its repair policy. It would not install additional radiators, as this would be considered an improvement and not something the landlord would be responsible for.
    9. It apologised that it had not raised the identified works from its visit on 10 October 2023 due to a miscommunication with the repair team. It again said it would raise the works and arrange to visit the neighbour.
    10. It acknowledged the resident had made a further report of damp on 13 November 2023, which it had forwarded to its repair team.
  8. In communication with the Ombudsman, the resident said the situation at her property had worsened her mental ill health. She also said that her child’s asthma had worsened and that the resident had been investigated for breathing issues, which she put down to the condition of the property. She said that it had taken the landlord 4 months to complete the original repair and, during this time, she had been living out of bags and sleeping on the sofa with her children. She said they could not use the bedroom due to the damp. She said the damp and mould had damaged her child’s shoes, clothes, and furniture. She said that the situation is ongoing and she has made further reports of damp and mould to the landlord. As an outcome, the resident said she would like the landlord to investigate and repair any leaks, damp, and mould in the flat above and in hers, to prevent her being affected, to an acceptable standard and in a timely manner. She would like compensation for distress and inconvenience and to move to a 3-bedroom property if the landlord could not resolve the damp and mould.

Assessment and findings

Scope of the investigation

  1. We are aware that the issues at the property continued after the conclusion of the resident’s complaint, and that the resident raised another complaint with the landlord in October 2024 about this.
  2. In the interest of fairness, the Ombudsman has limited the scope of this investigation to the issues raised during the resident’s complaint dated 31 July 2023, which completed the landlord’s internal complaints procedure on 17 November 2023. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions before our involvement. The resident’s complaint from October 2024 has not exhausted the landlord’s internal complaint process and, therefore, does not form part of this investigation. The resident can address these issues directly with the landlord.
  3. The resident has said that the landlord’s handling of the repairs affected her mental wellbeing. She also said that the damp and mould contributed to her child’s asthma and the resident’s breathing issues. While the Ombudsman has no reason to disbelieve the resident, we are unable to arrive at firm conclusions on the cause of the resident’s health conditions. This is because we do not have the authority or expertise to do so in the way a court or insurer might.
  4. The resident may wish to seek independent advice on making a personal injury claim if she considers that her health was affected by any action or failure by the landlord. While we cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced because of any failure by the landlord.
  5. The resident said she would like to move properties if the landlord is unable to fix the repair issues at her property. The Ombudsman can understand the resident’s reasons for wanting to move. However, we would not order the landlord to move a resident immediately as part of our investigation. This is because we do not have the authority to do so. We do not have access to information regarding the availability of suitable vacant properties owned by the landlord at any one time. And we do not have details of any other prospective tenants waiting to move who may have higher priority than the resident for rehousing.

Damp and mould works completed before moving into the property

  1. The landlord has not provided a copy of its empty homes policy or lettable standard. However, according to section 9A of the Landlord and Tenant Act 1985 a property must be in good repair, free from damp and mould and any other health and safety hazards at the start of and throughout the tenancy.
  2. The damp and mould survey of 28 February 2023 outlined the following recommendations to resolve the damp and mould in the property:
    1. investigate the possible leak from the flat above
    2. reduce the height and clear the planted area outside the front bay window
    3. repair the flashing around, or remove, the lean to
    4. clear all drainage, guttering, and downpipes
    5. re-point the brickwork and render the plinth to the rear elevation
    6. dry out, re-plaster, and re-decorate affected walls in the property
    7. re-point and seal windowsills and surrounds
    8. reduce the height of the 2 trees in the rear garden
  3. We can see from the landlord’s repair records that the void works included some of the recommendations from the surveyor’s damp and mould report. The records indicate that the landlord completed these works on 21 April 2023. However, there does not appear to be any reference to clearance of the drainage, guttering, and downpipes or the repointing and sealing of the windowsills and surrounds in the works which were raised.
  4. The landlord has not provided a post-inspection report of the property from before the start of the resident’s tenancy in June 2023. The Ombudsman is therefore unable to assess what works the landlord completed at the void stage and whether it took reasonable steps to inspect the property before the start of the tenancy. This was not appropriate and was a failure in the landlord’s record keeping, contrary to the Ombudsman’s Spotlight Report on Knowledge and Information Management.
  5. It is vital that landlords keep clear, accurate and easily accessible records to provide an audit trail. If we investigate a complaint, we will ask for the landlord’s records. If there is disputed evidence and no audit trail, we may not be able to conclude that an action took place or that the landlord followed its own policies and procedures. It is also concerning that the landlord does not hold any record of the vulnerabilities the resident reported affected her and her household. We have therefore made a recommendation below that the landlord update its systems to reflect the resident’s and the household’s vulnerabilities, subject to the resident agreeing to this.
  6. In this case, the resident reported leaks in her property approximately one month after moving in. The landlord inspected the gutters and downpipes and completed the necessary works in August 2023. It is therefore reasonable to assume that the landlord did not complete the recommended works to the gutters before the resident moved into the property. Had it done so, this may have prevented the leaks into the property in July 2023. This was a missed opportunity and a failure by the landlord.
  7. In her complaint, the resident also referred to the 2 trees in the rear garden and the recommendations made to trim these in the landlord’s surveyor’s report from February 2023. The landlord did not provide a response to this issue in either of its complaint responses, which we have addressed in the complaint handling section of this report.
  8. The landlord says it inspects all trees on a 3-year cycle and will raise any necessary works in line with its tree policy. The policy sets out the reasons for not trimming a tree, which includes leaf fall or where a tree is perceived to be too big. However, the policy states it may be possible to improve the situation by general maintenance as part of its cyclical maintenance.
  9. The evidence shows that the landlord has a record of the trees in the rear garden and completed inspections and maintenance work before the resident’s complaint. The maintenance records show that the landlord’s most recent cyclical inspection of the trees was in February 2020, when no defect work was required.
  10. In the absence of a more recent cyclical inspection the landlord should have inspected the trees following the recommendations made in February 2023. Had it done so, it could have satisfied itself and the resident that the leaf fall was not a contributing factor to the damp and mould issues at the property. There is no evidence that it did this, which was a failure.
  11. Overall, the landlord failed to resolve all the repair issues within the void period, specifically the clearance and repair of the gutters and inspection of the trees. We would consider the failures identified to amount to service failure.
  12. The Ombudsman’s remedies guidance, which is available online, provides awards of compensation between £50 and £100 when there is evidence of a service failure by the landlord which may not have significantly affected the overall outcome for the resident. In this case, the resident experienced distress and inconvenience due to leaks at the property and time and effort pursuing the issues. This affected the resident’s use of her home from the start of the tenancy. The Ombudsman has therefore ordered the landlord to apologise to and pay the resident £100 compensation in recognition of the distress and inconvenience caused. We have also ordered it to inspect the 2 trees in the rear garden to assess whether they are contributing to the damp and mould and to complete any maintenance to them identified.
  13. The Ombudsman completed a special investigation report in November 2024 into the landlord using our systemic powers under paragraph 49. of the Scheme. We found the landlord responsible for a series of significant systemic failings impacting residents. These included its knowledge and information management at all stages of the repairs process.
  14. The Ombudsman required the landlord to make changes including creating a knowledge and information management framework for all stages of the repairs process. As the events of the current complaint took place before and during the time of our special investigation, no orders or recommendations have been made for the landlord’s knowledge and information management in addition to those made in the special investigation report.

Leaks, damp, and mould

  1. Under the terms of the resident’s tenancy agreement and section 11 of the Landlord and Tenant Act 1985, the landlord is obliged to keep in good repair the structure and exterior of the property. Landlords are responsible for making repairs that are lasting and effective in all cases. Landlords should complete repairs in a timely manner to avoid affecting the resident’s enjoyment and use of their property. The resident is responsible for decoration of the property and minor repairs.
  2. Landlords need to make sure their homes are safe, warm, and free from hazards such as from damp and mould. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. It must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved.
  3. The tenant’s handbook outlines the landlord’s repair responsibilities. It states it will attend emergency repairs in a resident’s home, which would include uncontainable leaks, as soon as it can on the same day. If the repair is not an emergency, it will book an appointment when it suits the resident. The landlord’s website says that it aims to attend to non-emergency repairs within 35 days.
  4. On 11 July 2023 the resident reported a leak from the flat above, which she said was affecting all the rooms in her property. The landlord attended on the same date and said the leak was caused by loose tiles in the neighbour’s bathroom. However, it later found that the neighbour was using a shower attachment on the tap, which was causing spills. The landlord advised the neighbour to stop using this device. This was appropriate because it was consistent with the landlord’s published emergency repair timescales.
  5. On 31 July 2023 the resident reported another leak from her bedroom ceiling and from the window frame. This was happening when it was raining. The landlord attended on the same date. It checked the property above and found a significant amount of damp in the property. The landlord said that blocked gutters may have caused the leak and it needed to complete follow-on works. This attendance was appropriate because it was again consistent with the landlord’s published emergency repair timescales.
  6. It was appropriate that the landlord raised follow-on works to inspect and clear the gutters, which it completed on 11 August 2023 within its published non-emergency repair timescales.
  7. In her complaint of 31 July 2023 the resident referred to areas of damp in her property. The landlord appropriately logged this as a damp and mould report. We have not seen a copy of the landlord’s damp and mould policy, however, its self-assessment against the Ombudsman’s Spotlight Report on Damp and Mould outlines what it will do when it receives a report of damp and mould. Further to this, the landlord wrote to its customers in December 2021 with advice on reporting damp and mould, in which it stated it would inspect reports within 10 working days. The landlord says it will complete a checklist or survey and share its findings with the resident, so that they can understand what it has investigated, what the next steps are, and the timescales for any follow-on works.
  8. The landlord inspected the property on 23 August 2023 which was 18 working days after the resident had reported the damp. This was not appropriate because it was not consistent with the landlord’s published timescales for inspecting reports of damp and mould.
  9. The landlord does not appear to have completed a checklist or survey at this visit. In its complaint response, the landlord said that it had not found any mould in the property on this date. But it did see that the leak had caused discolouration of the ceiling. Due to lack of adequate records, we are unable to establish what the landlord inspected, what its findings were, and what its next steps were. There is also no evidence to show that the landlord shared its findings with the resident following this visit. This was not appropriate because it was not consistent with the landlord’s procedure.
  10. On 11 August 2023 the resident reported damaged plaster on her ceiling, following the leak. The landlord attended on 7 September 2023, when it informed the resident that it could not complete the works due to the leak still occurring. This attendance was appropriate because it was consistent with the landlord’s published non-emergency repair timescales. Furthermore, its decision to wait until it had resolved the leak before completing internal repairs was reasonable.
  11. On 24 August 2023 the resident contacted the landlord regarding her bedroom window. It is not clear from the landlord’s records what this repair was for. The landlord inspected the window on 6 September 2023. The records indicate that, following information from the resident, the landlord applied silicone to the exterior window frame. The landlord’s attendance on this occasion was appropriate and consistent with its policy’s nonemergency repair timescales. However, it is of concern that the landlord did not complete this work within the void period, particularly considering this had been recommended in the surveyor’s damp and mould report from February 2023. Had it done so, this would have prevented the resident from having to raise the issue again.
  12. With regards to the resident’s request to upgrade the windows, the landlord inspected the windows within its non-emergency repair timescales on 29 September 2023. It noted that, other than the external paintwork, the windows were in good condition. The landlord has informed the resident that replacement of the windows would fall within its planned works programme, which it completed in the resident’s area in November 2020. It said there were no plans to renew the windows at that time. The landlord’s actions were appropriate, in that it inspected the windows to satisfy itself of their condition and provided the resident with an explanation of its planned works programme.
  13. The landlord arranged to visit the property on 11 October 2023 following the resident’s complaint. The landlord did not produce an inspection report for this date. We have therefore considered what it said in its complaint responses. It said it had noted there were no visible signs of damage or works required in the rear bedroom where the leak had occurred on 31 July 2023. It also said that the area in the kitchen did not need to be plastered but decorations may be required, which was the resident’s responsibility. This was reasonable because it was consistent with the landlord’s repair policy and the tenancy agreement.
  14. The landlord agreed to raise additional repairs at this visit. However, in its stage 2 response it explained that it had failed to raise these repairs, for which it apologised. It agreed to raise them again. The records indicate that the landlord completed the repair to the vent in December 2024, but this was after the resident reported it herself. The resident informed the Ombudsman that the repair to the weather board was outstanding. Although these repairs would not have significantly affected the resident, the landlord’s failure to log these repairs was unreasonable.
  15. The resident raised some other issues within her complaint, which included requesting the landlord pave the area around the bay window, fit draught excluders, and install additional radiators below the windows. The landlord informed the resident that it would not complete these works because they were considered improvements and not repairs. Although the resident may not agree with this outcome, the landlord’s response was appropriate because it is not obliged to offer such improvements.
  16. The resident has said she would like the landlord to inspect and complete damp and mould works to her neighbour’s property to prevent it from affecting her. The Ombudsman expects the landlord to take appropriate steps to fulfil its responsibilities to minimise the possibility of a hazard from damp and mould in the resident’s home. We have therefore made a recommendation below that the landlord take appropriate steps to address the damp and mould in the neighbour’s property.
  17. The resident has informed the Ombudsman that the damp and mould issues at her property were ongoing. This was also clear from the landlord’s files. We have therefore made an order that the landlord instruct an independent surveyor to carry out a damp and mould survey and for the landlord to complete any identified repairs.
  18. Overall, the evidence shows there was failure in respect of this aspect of the resident’s complaint. Contrary to its repair obligations the landlord failed to respond appropriately to the reported damp and mould. It also failed to raise and complete identified repairs from its visit on 10 October 2023.
  19. In relation to the failures identified, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman considers whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: Be Fair, Put Things Right, and Learn from Outcomes, as well as our own guidance on remedies.
  20. The landlord found no failings in its approach; however, it did offer an apology for the distress and inconvenience caused by the leak on 30 July 2023. The Ombudsman’s remedies guidance provides awards of compensation between £100 and £600 when there is evidence of maladministration by the landlord which adversely affected the resident. In this case, the resident has described how the condition of the property affected her and her family from almost the start of her tenancy. She has described the distress and inconvenience caused and how she was sleeping in the lounge so that her child could have the resident’s bedroom because she was concerned about the damp in the property. We have therefore ordered that the landlord apologise to and pay the resident £300 in recognition of this.
  21. The Ombudsman’s special investigation report in November 2024 into the landlord found it responsible for a series of significant systemic failings impacting residents including in monitoring outstanding repairs through to conclusion. The Ombudsman required the landlord to make changes including creating a process to monitor outstanding repairs through to conclusion and keep residents updated. As the events of the current complaint took place before and during the time of our special investigation, no orders or recommendations have been made for the landlord’s handling of repairs for leaks, damp, and mould in addition to those made in the special investigation report.

Complaint handling

  1. The landlord operates a 3-stage complaint process. At stage 1, the landlord will acknowledge the complaint within 5 working days of it being made and will provide its response within 10 working days. At stage 2, the landlord will acknowledge escalation of the complaint within 5 working days and provide its response within 20 working days. Stage 3 is an independent review by an external organisation, such as the Ombudsman.
  2. The Housing Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for how landlords should manage complaints. This includes an expectation that landlords will:
    1. respond to complaints at stage 1 within 10 working days
    2. respond to escalations at stage 2 within 20 working days
    3. respond to all aspects of the resident’s complaint
  3. The resident raised her initial complaint on 31 July 2023. The landlord sent its stage 1 response on 13 October 2023, this was 54 working days later. This was not appropriate because it was not consistent with the 10-working-day stage 1 response timescale in the landlord’s policy or the Code.
  4. The resident raised an issue in her initial complaint relating to the trees in the rear garden. The landlord did not provide a clear response to this issue in its complaint responses. This was not appropriate because it was not consistent with the Code’s requirement for it to respond to all aspects of the resident’s complaint.
  5. The resident remained dissatisfied and requested the landlord escalate her complaint on 20 October 2023. The landlord sent its response on 17 November 2023, which was 21 working days later. While this was one working day later than the landlord’s policy and the Code’s 20-working-day stage 2 response timescale, the Ombudsman would not consider this to have significantly affected the resident.
  6. Overall, there were failings in the landlord’s complaint handling. While the landlord has apologised for the inconvenience caused, its failure to respond to the resident’s initial complaint in line with its complaint’s procedure, meant it missed an opportunity to address her concerns sooner and left the resident waiting for a resolution to her concerns. It also failed to put matters right by addressing all the resident’s concerns at the earliest opportunity and taking steps to put things right. The Ombudsman has therefore ordered the landlord to apologise and pay compensation to the resident for the distress and inconvenience caused by the failures outlined above.
  7. The Ombudsman’s remedies guidance provides awards of compensation between £50 and £100 when there is evidence of a service failure by the landlord which may not have significantly affected the overall outcome for the resident. The Ombudsman has therefore made an order that the landlord pay the resident £100 compensation to reflect the distress and inconvenience caused in the landlord’s handling of the resident’s complaint.
  8. The Ombudsman’s special investigation report in November 2024 into the landlord found it responsible for a series of significant systemic failings impacting residents including in complaint handling. The Ombudsman required the landlord to make changes reviewing its complaint handling processes and training to make sure it complied with the Code. As the events of the current complaint took place before and during the time of our special investigation, no orders or recommendations have been made for the landlord’s complaint handling in addition to those made in the special investigation report.

Determination

  1. In accordance with paragraph 52. of the Scheme, there was service failure by the landlord in its handling of the resident’s concerns about damp and mould works before moving into the property.
  2. In accordance with paragraph 52. of the Scheme, there was maladministration by the landlord in its handling of the resident’s reports of leaks, damp, and mould.
  3. In accordance with paragraph 52. of the Scheme, there was service failure by the landlord in its handling of the resident’s complaint.

Orders and recommendations

Orders

  1. The landlord must, within 28 days of the date of this determination:
    1. Provide the resident with a full apology for the failures identified in this report.
    2. Pay the resident total compensation of £500, which is made up of:
      1. £100 in recognition of the distress and inconvenience caused by the landlord’s handling of concerns about damp and mould works before moving into the property.
      2. £300 in recognition of the distress and inconvenience caused by the landlord’s handling of the resident’s reports of leaks, damp, and mould.
      3. £100 in recognition of the distress and inconvenience caused by the landlord’s handling of the resident’s complaint.
    3. All payments must be paid directly to the resident and not credited to the rent account unless otherwise agreed by the resident.
    4. The landlord must appoint an independent surveyor to inspect the property. The landlord must ensure the property is inspected within 28 days of the date of this determination. The survey must:
      1. comment on the condition of the property overall and whether it is fit for human habitation
      2. comment on whether there are any hazards in the property
      3. comment on all repair issues in the property
      4. set out a scope of works with indicative timescales to complete the repairs
      5. provide date and time stamped photographs
    5. Within 10 working days of receiving the survey report, the landlord must share a copy with the Ombudsman and the resident. It must set out:
      1. when it intends to commence the works
      2. whether it will offer the resident temporary alternative accommodation
      3. when it is likely to complete the works
    6. The landlord must then use its best endeavours to ensure the work is started and completed within the timescales it sets out.
    7. The landlord must inspect the 2 trees in the rear garden to assess whether they are a contributing factor to the damp and mould and complete any identified maintenance. It must provide this service and the resident with a copy of its findings.
  2. The landlord must provide evidence of compliance with these orders within 56 days of the date of this determination.

Recommendations

  1. The Ombudsman recommends that the landlord:
    1. Take appropriate steps to inspect and complete any identified damp and mould works in the neighbour’s property.
    2. The landlord should update its systems to reflect the resident’s and the household’s vulnerabilities, subject to the resident agreeing to this.
    3. Review the failings identified in this report and consider whether there are any learning outcomes to improve its service.