Clarion Housing Association Limited (202231171)

REPORT

COMPLAINT 202231171

Clarion Housing Association Limited

30 April 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

The complaint is about:
1. The landlord’s handling of the resident’s reports of damp and mould in the resident’s property.

Background

The resident lives in a 3 bedroom maisonette located on the first floor of the block. The resident is a tenant of the landlord, and the tenancy began on 9 July 2012.
The landlord introduced an interim complaints policy on 17 June 2022. This was following a cyber attack. For complaints received after 17 June 2022, the landlord’s complaints policy states it operates a two stage complaints process. At stage one the landlord will log and acknowledge the complaint within 10 working days of receipt. It will issue the stage one response to complaints received after 17 June 2022 within 20 working days.
At stage two the landlord will acknowledge a request for an escalation of the complaint within 10 working days and will aim to resolve the complaint within 40 working days.
Section five of the landlord’s damp and mould policy states it will:
1. Diagnose the cause of leaks, condensation, damp and mould and deliver effective solutions based on dealing with the cause of the problem, not just the symptoms.
2. Inform the resident of the findings of investigations following inspections. This will include identifying the possible causes of the issue, recommending effective solutions, details of all necessary remedial works and the estimated timescales to complete the works.
3. Where necessary, carry out any repairs, remedial works or improvements to rectify any problems.
4. Employ skilled contractors to carry out any works associated with leaks, condensation, damp and mould.
Section five of the policy also states that a resident’s responsibilities included:
1. Managing conditions that could lead to condensation, damp and mould.
2. Timely reporting of issues and faulty equipment that may hamper the management and control of condensation, damp and mould. For example, reporting a faulty extract fan, unable to open windows or lack of heating.
The landlord’s repairs policy states it classifies repairs into two categories – emergency and non emergency repairs.
Section 5.4 of the landlord’s repairs policy states an emergency repair can be classified as one that presents an immediate danger to the resident, the public or the property or would jeopardise the health, safety or security of the resident.
Section 5.5 of the landlord’s repairs policy states emergency repairs should be attended within 24 hours to make safe or temporarily repair, further repairs may then be required.
Section 5.6 of the landlord’s repairs policy states for non emergency repair appointments an appointment will be offered to a resident within 28 calendar days of the repair being reported.
The landlords repairs and maintenance policy directs residents to it’s website for clarification regarding which repairs it is responsible for and which are the responsibility of the resident. The website confirms that the landlord is responsible for extractor fans within the kitchen and bathroom.
The website also confirms that for condensation or mould repairs the landlord is responsible for:
1. Conducting surveys.
2. Cleaning affected areas with fungicidal wash.
3. Clearing blocked air vents.
4. Cleaning or replacing filters and duct systems in ventilation.
5. Installing extractor fans as needed.
The landlord has a damp, mould and condensation policy. Section 2.3 of this policy states it will diagnose and resolve damp and mould in a timely and effective manner. To carry out appropriate works where necessary to minimise damage to the structure, fixtures and fittings of the property.
Section 4.9 of the damp, mould and condensation policy states the landlord will keep residents informed of any property inspections, diagnosis of issues and the timetabling of works, where those are required. This includes explaining what work might be needed and why. If any changes to the programme of works were needed, it would keep residents informed.
Section 4.15 of the damp, mould and condensation policy states where appropriate, the landlord will pay compensation in line with it’s Compensation Policy as a result of any failure to deliver the service it has committed to. Each case will be considered on its own merits, taking into account the individual circumstances of the resident and their household.
Section 4.21 of the landlord compensation policy states awards of:
1. £50 to £250 may be paid for instances of service failure resulting in some impact on the complainant. Examples include repeated failures to reply to letters or return phone calls or failure to meet service standards for actions and responses but where the failure had no significant impact
2. £250 to £700 may be paid for cases where there is considerable failure but there may be no permanent impact on the complainant. Examples include failure over a considerable period of time to act in accordance with policy – for example to address repairs or a complainant repeatedly having to chase responses and seek correction of mistakes necessitating unreasonable level of involvement by that complainant.
3. Awards of £700 and above in recognition of failure that has had a severe long-term impact on the complainant. Remedies in this range will be appropriate when there has been a significant and serious long-term effect on the complainant, including physical or emotional impact, or both. Examples include failures leading to Environmental Enforcement Orders or long stays in temporary accommodation due to mishandling of repairs.

Summary of events

On 26 October 2022 the landlord’s records show a repair was raised to replace the extractor fan in the kitchen of the resident’s property. The repair was raised as a routine appointment.
On 21 November 2022 the landlord logged a repair for an uncontrollable leak at the resident’s property. This was raised as an emergency appointment and attended to the same day. Later that day the landlord noted it had been rereported by the resident as, after it attended the property, the leak was leaking again. The landlord reattended the property.
The landlord’s records show that on 23 November 2022 it raised works for reported damp and mould issues in the resident’s property. The landlords notes state the damp and mould was in the bathroom and bedroom with full walls covered. The landlord recorded this as a routine repair.
On 29 November 2022 the landlord recorded a request for a LV environment fan into the resident’s bathroom. Its records show that this job was cancelled but did not provide a reason why.
On the same day the resident made a complaint to the landlord. The resident stated:
1. He had been in contact with the online service several times regarding the extractor fan. It was a standard part but had been ongoing since 26 October 2022.
2. He wanted an official complaint logged and it investigated.
3. The engineer turned up after he was waiting two weeks, walked out after two minutes stating he needed a new fan. It was 12 working days later and was still waiting for the repair.
4. The walls were all damp, and mould was growing as a result; all caused due to the lack of initiative shown by the engineer and repairs service and would now cost the landlord more than just replacing a single fan.
5. Why couldn’t the engineer come prepared with a fan knowing that it was faulty as that was what had been reported. He could have taken pictures or even a video call to show the landlord without wasting time and dragging the issue along.
6. He wanted:
  1. The issue resolved as soon as possible.
  2. Wall repaired with damp proofing.
  3. Compensation for the level of stress the landlord had caused him and constantly having to chase the repair. He wanted his rent suspended and credited to his account for the whole duration that the issue had been going.
The following day the resident emailed the landlord and said that further to his initial complaint, he had been told that day that the part had not arrived and was provisionally booked for 12 December 2022 for an appointment and it was a clear example of the lack of pragmatism, the part was a standard part – an extractor fan and asked why could there not be an interim solution whilst it waited for the part.
On 5 December 2022 the landlord wrote to the resident. The landlord stated:
1. It was sorry that the resident had cause to complain and for any inconvenience that may have been caused about the delays to repairs to address the damp and mould in his property.
2. It could see on its systems that works to replace the extractor fan were carried out on 2 December 2022. It understood that his desired outcome was to ensure that the damp and mould in his property was cleaned, and to consider compensation.
3. The complaint would be investigated and it would provide the resident with a response. It would update him with any developments, in relation to the issue raised, on a weekly basis. If that was suitable to him, it asked the resident to reply as an acknowledgment.
On the same day the landlord checked it’s records and determined that:
1. The resident was unhappy that an operative attended to inspect their home, despite them having already explained the problem and the solution needed.
2. A fan was fitted on 2 December 2022, and that a job had been raised to carry out a mould wash. It needed to confirm when that had been booked in with the resident.
On 12 December 2022 the landlord wrote to the resident with an update. The landlord said it was sorry the resident had not yet received a complete response to the issues raised. It would be escalating it’s enquiries and hoped to have more information for him soon. It would be in touch the next week for a further update.
The landlord’s records show that on 19 December 2022 it determined that the damp and mould works raised on 23 November 2022 were originally scheduled for 14 December 2022 but had been moved to 13 January 2023 as the resident was not available until after 29 December 2022.
On 20 December 2022 the landlord issued its stage one response. The landlord stated:
1. It had spoken to it’s repairs team and could confirm that a new extractor fan was fitted in the resident’s property on 2 December 2022. Following this, works had been raised and scheduled for 13 January 2023 to treat and clean the damp and mould in his home.
2. A repairs team manager had explained that operatives did carry extractor fans in their vans when they attended customer’s homes, but they could not guarantee that they would be carrying the correct model for the resident’s property. Once the correct model was ascertained, efforts would be made to locate this on the day of repairs. However, when the operative visited the resident’s property, it found that it did not have the correct model in its van, and the fan was out of stock with the landlord’s suppliers. This delayed the installation, and a job was booked for 12 December 2022 to install a new fan. The Repairs team were then able to move that appointment forward to 2 December 2022 when that date became available.
3. An appointment was offered for 14 December 2022 to attend to the damp and mould in the resident’s property, but that had to be moved back due to the resident’s availability.
4. Given that the delays to the replacement of the extractor fan led to the growth of damp and mould in the property, which then required further works to be raised, it had identified a service failure. The landlord apologised for any inconvenience this may have caused.
5. In recognition of the issues that were involved with the complaint, it offered £100 compensation. The landlord noted that if there were any arrears on the rent or service charge account, then the compensation would be offset against those arrears. If not, a payment would be made directly to the resident’s bank account. A member of it’s Customer Support team would be in contact with the resident within the next 28 days to move that forward.
On 4 January 2023 the resident requested to the landlord that the complaint be escalated to stage two. The resident stated:
1. Why did he have to wait until 13 January 2023 to get a resolution, he was seeking completion of the works and at that stage the works were yet to be completed. Only once the works were complete would he accept that as a resolution.
2. He had been informed on two occasions from the landlord that damp and mould were serious issues and could not be booked that far in advance yet the landlord had booked an appointment almost a month in advance. When he initially requested dates for the end of December 2022 and beginning of January 2023 he was told that was not possible.
3. He did not feel the compensation was satisfactory due to:
  1. The amount of distress it had caused him due to constant chasing and responding to the landlord, via chat, phone and email. That amounted to over six hours of correspondence, all due to one engineer not having a fan. His stress levels had gone very high and he deliberately had to not think about or respond to the landlord. He said it had taken him over an hour to compile the response.
  2. He had to leave the window open in the bathroom due to no fan for over a month which, with the cost of heating had meant his energy usage had spiralled.
  3. The inconvenience the landlord had caused him and his young family as a result had not been considered. Writing the escalation request was causing him further stress and inconvenience.
4. He felt the minimum compensation he could accept would be two months rent to be covered as he had to live in substandard conditions and continue to do so to date.
5. He would like for an area manager to visit and inspect the damage the lack of proactiveness had caused and provide, with details what they would be doing to get the works completed without causing him further inconveniences.
The landlord acknowledged the residents request to escalate the complaint to stage two on 4 January 2023. The landlord did not provide the resident with an expected response date.
On 18 January 2023 the landlord called the resident to discuss his complaint. The landlord established the fan was now working but that the operative who had attended on 13 January 2023 had taken some pictures but the resident had not been contacted since then. The landlord discussed the resident’s desired outcome and advised him that to manage his expectation the request of two months rent as compensation would amount to £1800 and a payment of that amount was unlikely, but the head of service who would review the complaint may find grounds to a discretionary payment.
The resident advised he did not feel that the landlord’s officer had displayed any concern. The officer advised that was not the case but was sorry that he felt that way. The resident asked the officer on what grounds he could say the resident would not receive the payment he would like. The officer advised that through experience of the compensation matrix and industry standards for failures of service it was unlikely, however he had not said the resident would not receive it, that would be for the head of service to check.
The landlord described the stage two process and noted the resident had no questions. The landlord advised the resident it would aim to respond within 20 working days. On the same day the landlord emailed the resident to confirm the conversation that had been had.
On 20 January 2023 the landlord’s repair records show a mould wash was raised and closed on the same day. It is not clear from the landlord’s records if the mould wash took place.
On 2 February 2023 the landlord internally confirmed that:
1. A job was raised on 26 October 2022 and completed on 2 December 2022 which was outside of its service level agreements.
2. The first appointment had been booked in originally within its service level agreement on 14 November 2022 with notes on the job stating it had ordered a fan as the standard fan was not in stock. The next appointment was booked for 2 December 2022.
3. Notes on it’s system showed that the first damp and mould job was raised on the 23 November 2022 for “routine damp and mould in the bathroom and bedroom full walls covered”. This was booked in originally for the 14 December 2022 but the resident called and asked to reschedule the date as he could no longer keep that appointment.
4. The landlord called the resident but had no answer, the next booked appointment was for 13 January 2023, it’s operative reported back that one days’ work was required.
5. Due to the resident’s unavailability, the next appointments available were booked which were outside of it’s service level agreements.
6. It had spoken to the resident and booked to visit the property on 7 February 2022.
On 7 February 2023 the landlords repairs record show works being raised for peeling paint on the ceiling and walls in the bathroom, PVA and skimming required and regrout the top row of tiles in the shower area.
On 21 February 2023 the landlord internally established that:
1. Works had been booked in for the resident to strip the paint in the bathroom and skim the walls and ceiling where needed which would be followed by decoration.
2. Scaffolding was in place for repointing to the external brickwork.
3. Works were booked for 22 February 2022, the resident was happy with the jobs raised and appointment date.
4. There was not much mould in the property just peeling paint. The extractor fan was installed 2 December 2022 and was working well.
On 23 February 2023 the landlord raised works to inspect the bathroom floor which had gone mouldy.
The landlord issued its stage two response on 9 March 2023. The landlord stated:
1. It apologised for the delay in providing the resident with a response to his complaint. This was due to higher than expected customer contact following a cyber attack incident.
2. It was satisfied that the stage one response was fair and reasonable in that it gave the correct information related to the issues the resident had raised and where failures of service were identified, applied compensation in line with it’s internal policy.
3. It’s system information showed that a job to replace the extraction fan was raised on 26 October 2022, to be attended on 14 November 2022. The operative’s notes stated: ‘Ordered fan as in the standard fan not in stock will arrive on Tuesday’. The next appointment was booked for 2 December 2022 and the fan was fitted on that date, which was outside of it’s service level agreement.
4. The first job related to damp and mould was raised on 23 November 2022, for ‘Routine damp and mould in the bathroom and bedroom full walls covered’ from information given by the resident. This was booked in originally for 14 December 2022, but the resident called in and asked to reschedule the date, as he could no longer keep that appointment. It called him but had no answer and so booked again for 13 January 2023. It called him again on that day to make sure he was aware of the appointment. This job was attended outside of its service level agreement, but this was due to the resident cancelling appointments.
5. The operative who inspected reported back that one day’s work was required to complete the needed works.
6. An area manager, arranged to attend on 7 February 2023. The manager advised that following the meeting, works had been booked in to skim the bathroom walls and ceiling where needed, which would be followed by decoration after the resident stripped the paint in the bathroom.
7. There was minimal mould evident in the property, but some peeling paint was noticed. Scaffolding was in place for repointing to the external brickwork, with works booked for 22 February 2023.
8. The extractor fan previously installed was checked and appeared to be working well. The resident confirmed that he was happy with the jobs raised and appointment dates.
9. Given the information provided it was unable to justify raising compensation above that previously awarded at stage one and retained to the resident’s account on 25 January 2023. In recognition of the issues and service failures that were identified with the complaint, it awarded £50 compensation for the delay in responding at stage two.

Post complaint

On 17 April 2023 the resident contacted this Service and said that seven months on the works had not been completed and he had written to the CEO and was still no nearer to resolving the issue.
The landlord’s records show that the works raised on 21 February 2023 for repointing of brickwork to the external wall to the bathroom and bedroom, decoration following plastering in bathroom and bedroom with scaffolding in place were completed on 16 May 2023.
The landlord’s repair records show that the works raised on 23 February 2023 to inspect the bathroom floor which had gone mouldy and damp were completed on 25 May 2023.
The landlord has stated in internal correspondence that a visit was booked in for the 19 July 2023 to see works carried out and to ensure that the repointing works had been successful in stopping the water ingress prior to raising make good works. The landlord stated the resident was happy with the works carried out and positive that after making good was completed that all issues would be resolved.
On 3 September 2023 the landlord raised further works to hack back and replaster an external wall in a bedroom by the window and above skirting where effected by damp. A wall in the bathroom required hacking back and plastering with works to make good and decorate the area.

Assessment and findings

Scope of the investigation

The resident stated that these matters have negatively affected his health. This Service does not doubt the resident’s comments, but it is beyond the remit of this Service to make a determination on whether there was a direct link between the landlord’s actions and the resident’s ill-health. The resident may wish to seek independent advice on making a personal injury claim if he considers that his health has been affected by any action or failure by the landlord. While this Service cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced as a result of any service failure by the landlord.

The landlord’s handling the resident’s reports of damp and mould in the resident’s property.

The landlord’s website confirms that the landlord is responsible for repairing and maintaining extractor fans. The landlord’s repairs policy states repairs are categorised as emergency or routine repairs. The landlord categorised the resident’s repair as a routine repair. This was appropriate, as although the fan was not working it does not appear to have been reported as an electrical issue which would cause health and safety concerns.
The landlord’s repairs policy states routine repairs would be completed within 28 days. The resident reported the repair for the extractor fan on 26 October 2022. The landlord’s records state an order for a new fan was made on 29 November 2022 and was installed on 2 December 2022. The replacement of the fan took a total of 37 days after the resident first reported the issue, 9 days over the 28 days stated in its repairs policy for routine repairs. It is noted that once the landlord had the part it needed, it moved forward the installation day which was a proactive move by the landlord.
The landlord offered the resident £100 compensation for this delay which was retained to the resident’s rent account on 25 January 2023 and that is considered appropriate by this Service for the delays incurred at that time.
While waiting for the extractor fan to be replaced, the landlord logged a repair for damp and mould in the bathroom and bedroom and it’s records noted full walls were covered. This was raised on 23 November 2022 as a routine appointment.
The landlord did acknowledge in the stage one response that the delays to the replacement of the extractor fan led to the growth of damp and mould. It would have therefore been appropriate for the landlord to consider this in it’s handling of the required works for the damp and mould.
The landlord’s records show that works were originally scheduled for 14 December 2022 but then was moved to 13 January 2023 as the resident was not available until after 29 December 2022.
Although the landlord has stated this, there is no evidence provided from the landlord that confirms this was the case. There was no correspondence or telephone call logs provided that confirmed the resident had stated he was not available on 14 December 2022 or not available until 29 December 2022.
However, it does not appear disputed that the resident was available after 29 December 2022. Given that, as of that date the resident would have been waiting 37 days, it is not clear why the landlord booked the next appointment to be a further 16 days later or why it was unable to provide an earlier date.
The landlord’s records do not state what actions it took during the visit on 13 January 2023 but its records show further works were raised on 20 January 2023 for a mould wash and on 7 February 2023 for peeling paint on ceilings and walls in the bathroom. The outcome of the mould wash was not evidenced by the landlord but the works for the peeling paint on the ceiling and walls in the bathroom showed as being completed on 22 February 2023.
Repairs were also raised between 21 February 2023 and 23 February 2023 for repointing of brickwork to the external wall to the bathroom and inspection of the bathroom floor. These works show in the landlords repair logs as completed between 16 May 2023 and 25 May 2023 and therefore outside of the landlord’s repairs timescale. There was no evidence provided for why there were the delays in those works being completed or that the resident was being kept informed of the progress.
The landlord in it’s internal communications post complaint stated the works for the repointing were completed on 21 April 2023, but this information is not substantiated by its repairs logs.
All of the repairs raised by the landlord during the complaint period were classified as routine repairs requiring completion within 28 days. However the replacement of the extractor fan took 37 days, the inspection of the damp and mould took 51 days, the repointing of the brick work took 84 days and the inspection of the bathroom floor took 91 days.
A delay is not always a failing if the landlord has a legitimate reason for completing a repair after designated timescales. However, in line with general good customer service standards, the landlord would be expected to explain the delay, and to communicate effectively with the resident to manage his expectations
Except for stating the resident was not available between 14 December 2022 and 29 December 2022, the landlord has not provided evidence of any reasons for these delays in the works being completed and has not provided evidence it was keeping the resident informed of the status of the works.
The landlord states in section 4.9 of it’s leaks, condensation, damp and mould policy that it would keep the resident informed in relation to damp and mould works. The landlord has not evidenced it has fulfilled this section of it’s policy in this case. There was no evidence of timetables being provided and no evidence of any correspondence with the resident regarding the progress of the works.
In its stage two complaint response, the landlord explained to the resident why it felt the explanation of the actions it took meant it could not justify increasing the level of compensation offered from the stage one response.
Although this Service has found that the replacement of the extractor fan and damp and mould appointment was delayed, the compensation requested by the resident of two months rent for this greatly exceeds any amount that would be awarded by either the landlord or this Service.
Whilst it is not disputed that the extractor fan was not working, the landlord did not find an electrical fault which made it dangerous. It was also confined to the bathroom, which meant that the resident did have use of his home during this time. The fan was repaired 9 days outside of its repairs policy but this was not an excessive delay and was in part due to availability of the correct model of fan. Therefore, the landlord was reasonable in its refusal to compensate the resident with the requested two months rent.
In the stage one response the landlord acknowledged delays in repairs and offered appropriate compensation. When the stage two response was issued the delays in tackling the damp and mould had continued and while acknowledged in the response the landlord offered no further redress to the resident.
In it’s complaint response, the landlord provided commitments to complete the further works in relation to the damp and mould repairs but then failed to complete those repairs in line with its repairs policy and therefore prolonged the time it took for the repairs to be completed. The resident first reported the extractor fan repair on 26 October 2022 which the landlord acknowledged had caused the damp and mould, the landlord raised the damp and mould works on 23 November 2022 but it’s repairs records state works for the damp and mould were still being raised in September 2023.
It is the view of this Service that the landlord has made attempts to respond to the resident’s reports of damp and mould and there may have been reasons for the delays that had incurred. However, there is no evidence provided that there were substantial reasons for the delays in the works being completed. This Service therefore cannot establish that the landlord had taken all reasonable steps to investigate and complete the repairs for the damp and mould within the timescales of its repairs policy. This is maladministration by the landlord.
The landlord’s leaks, damp, condensation and mould policy states where appropriate, the landlord will pay compensation in line with it’s compensation policy as a result of any failure to deliver the service it has committed to. The landlord failed to complete the majority of the identified damp and mould works within the timescales of its repairs policy and has not evidenced there was significant reasons for not doing so. Given there were delays in the damp and mould works raised on 23 November 2022, the repointing of the brickwork raised on 21 February 2023 and inspection of the bathroom raised on 23 February 2023 the landlord should pay the resident £500 for these failures. This is in addition to the £100 it had already paid to the resident for the delay in the repair of the extractor fan. The compensation is to be paid to the resident and not offset against the rent account.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould in the resident’s property.

Reasons

Although the landlord acknowledged it had delayed completing the repair for the extractor fan, provided appropriate redress and acknowledged that this caused the damp and mould, it then failed to appropriately complete works to resolve the damp and mould identified within the timescales of it’s repairs policy or has evidenced reasons for the delay and that it kept the resident informed.

Orders

Within four weeks of the date of this report, the landlord is to:
1. Write to the resident and apologise for the failings identified in this report.
2. Pay the resident £500 for it’s handling of the resident’s reports of damp and mould in the resident’s property. The compensation is to be paid to the resident and not offset against the rent account. The compensation does not include the £100 already offered to the resident and retained to his rent account.
3. Contact the resident and arrange a visit to the property to carry out a full damp and mould inspection to establish if there are any further works outstanding. If so the landlord is to provide a written report to the resident including what works are required and a timetable for those works to be completed.

Recommendations

The landlord considers this Service’s spotlight report on Knowledge and Information management and reviews it’s record keeping practices to ensure all correspondence and telephone conversations between it and residents are correctly logged.