Clarion Housing Association Limited (202314249)

REPORT

COMPLAINT 202314249

Clarion Housing Association Limited

21 May 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

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

Background

The resident is an assured tenant of the landlord. The tenancy commenced on 12 November 2012. The property is a 1-bedroom, first floor, flat. The landlord has confirmed it has vulnerabilities recorded for the resident including asthma and diabetes.
On 17 January 2023, the resident reported finding damp and mould on the wall in the corner of his bedroom and on his bathroom tiles. An engineer attended the property on 20 January 2023 to carry out an inspection.
On 27 March 2023, the resident logged a formal complaint with the landlord in which he said:
1. The engineer that attended on 20 January 2023 told him to move as many possessions as he could out of his bedroom to prevent the mould accumulating on them, which he did. He was told the job would be marked as urgent because of his asthma. Before leaving the engineer applied a mould spray to the most affected walls, and a dehumidifier was ordered, which arrived on 23 January 2023.
2. 2 engineers attended on 31 January 2023 to inspect his flat. They confirmed that water ingress was causing the damp and mould and that his case would be given an urgent priority. To carry out the job they advised that scaffolding would be needed. There was then a month’s delay in him receiving any contact from the landlord. The next time he heard anything was after he had contacted the landlord, following which he received a ‘vague’ text saying that its contractor would be attending on 13 March 2023.
3. The electrician that attended on 13 March 2023, said the bathroom extractor was broken and that an extractor needed to be fitted in the kitchen, which would have to be vented through the roof.
4. A week after the electrician attended, a contractor called him to make an appointment, with less than 18 hours’ notice. The resident said the contractor became ‘unnecessarily rude’ when he said he was unavailable at the time suggested, and ‘slammed’ the phone down on him.
5. The resident also asked that the landlord communicate with him in a ‘more explanatory way’, asking that texts tell him who was turning up and in what capacity so that he could prepare.
6. He also said he needed more notice, giving the example of an operative ‘randomly’ ringing his doorbell to collect the dehumidifier. The resident said it was lucky he was in and he had to ring the repairs team to make sure it was not some kind of doorstep scam. The resident said he had ‘literally’ no warning or notice of their arrival.
The landlord issued its stage 1 response on 5 May 2023. The landlord apologised for the delay in its response, for which it offered the resident £50 compensation. It also:
1. Apologised for the delay in the damp and mould works being carried out, as well as its operatives attending without notifying the resident.
2. Offered the resident £350 for the delay in the remedial roofing works being carried out for damp and mould and in the extractor fans being replaced/installed.
3. Said, to rectify the issues raised, appointments had been made for:
  1. An operative to attend to complete the extractor fans on 12 May 2023.
  2. Its contractor to attend in the week commencing 15 May 2023 to erect the scaffolding, with the roofing works starting shortly after that.
  3. An operative to attend on 26 May 2023 to complete the roof vents and cement the interior of the chimney, as well as any other works identified while working in that area.
4. Explained that text message notifications were generated from its system and so it was not possible for these to be personalized. It would also not be able to advise who was attending, as some repairs could be carried out by either trade-specific operatives or its multi-trade operatives and were not allocated to a specific individual until nearer the appointment date. In respect of the operative attending to collect the dehumidifier, without prior notice, they were in the area, knew that it needed to be collected, and so visited on the off chance that the resident would be home.
The resident escalated his complaint on 30 June 2023. We have not seen a copy of the escalation request. However, in a follow up email of 24 July 2023, the resident confirmed these to be:
1. A ‘severe health and safety issue’ which needed to be addressed. The resident said that he had asthma and damp and mould were not good for this.
2. That he had been waiting since February 2023 for a call back to explain what was going on, he was concerned that texts about appointments all had different references and operatives often called or attended his home at short notice.
The landlord issued its stage 2 response on 11 August 2023 in which it apologised for the delay in its response for which it offered £50 compensation. It then went on to:
1. Acknowledge the following service failures, for which it apologised:
  1. That the scaffolding was not erected as planned in the week commencing 15 May 2023 and the repairs were not undertaken on 26 May 2023.
  2. A delayed appointment was made for 13 June 2023, but works could not be completed due to the lack of scaffolding.
  3. It had not found any evidence of this being communicated to the resident nor of the missed works being acknowledged.
2. Say the scaffolding would be erected on 31 August 2023, with the works booked to take place after this had been put up. The landlord also said that it had raised a ‘future action process’ to ensure that these works were monitored through to completion and completed effectively.
3. Offer the resident an additional £365 compensation for the further delays to the damp and mould works, plus £15 for the missed scaffolding works in the week commencing 15 May 2023. This bought the total offered for its handling of the resident’s reports of damp and mould to £730.

Assessment and findings

The Ombudsman’s role is to assess whether the landlord has followed proper procedure, good practice, and behaved reasonably, taking account of all the circumstances of the case. When considering how a landlord has responded to a complaint, the Ombudsman considers not just what has gone wrong, but also what the landlord has done to put things right in response to a complaint.
Where the landlord admits failings, the Ombudsman’s role is to consider whether it resolved the resident’s complaint satisfactorily in the circumstances and offered appropriate redress. In considering this, we assess whether the landlord’s actions were in line with the Ombudsman’s Dispute Resolution Principles: Be fair, put things right and learn from outcomes.

Scope

In his complaint the resident said there appeared to be a causal link between his health and the damp and mould. We do not doubt the resident’s concerns, but it is beyond the remit of the Ombudsman to make a determination on this element of his complaint. The resident may wish to seek independent advice on making a personal injury claim if he considers his health to have been affected by any action or inaction by the landlord.

Response to report of damp and mould in his property

Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair.
The landlord has a responsibility under the housing health and safety rating system (HHSRS), introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord must consider whether any mould problems in its properties amount to a hazard that may require remedy. Landlords should be aware of their obligations under HHSRS.
The landlord’s responsive repairs policy sets out that it should complete non-emergency repairs as soon as possible and within 28 days.
The landlord’s ‘leaks, condensation, damp, and mould’ policy (effective from February 2023) explains that, where it identifies particularly severe or recurring issues, it will undertake a comprehensive risk assessment which may result in a range of actions to support the resident depending on their circumstances.
Following a resident’s report of damp and mould within a property, the Ombudsman expects a landlord to conduct an inspection to understand the extent of the problem, the probable cause, and decide an appropriate course of action.
The resident reported finding damp and mould on the wall in the corner of his bedroom and on his bathroom tiles on 17 January 2023. The landlord initially acted promptly, arranging for an engineer to carry out an inspection on 20 January 2023, 3 working days later.
The engineer that attended on 20 January 2023 advised that a roofer was needed to check the chimney breast and guttering and for dehumidifiers to be provided. It was noted that this was ‘quite urgent’ as the resident had asthma and could not use his bedroom. We have seen no evidence of a comprehensive risk assessment being conducted at this point, nor at any point in the period considered in this report.
Following the engineers visit on 20 January 2023:
1. The dehumidifiers were promptly delivered, this taking place on 23 January 2023.
2. An inspection of the roof took place on 15 February 2023. This identified that the cement on the interior of the chimney had worn away and that there were holes in the brickwork on the outside of the chimney. It was also confirmed that the water ingress was the cause of the damp and mould.
To carry out the required works to the chimney, the landlord was advised it would be necessary for scaffolding to be erected. However, by the time of its stage 1 response on 5 May 2023, almost 3 months later, the scaffolding had not been erected.
The landlord reassured the resident in its stage 1 response that the scaffolding would be erected on 15 May 2023, with the roofing works to start shortly afterwards. However, despite the landlord’s commitment, this again did not happen. In fact, at the time of the landlord’s final response on 11 August 2023, 7 months after the resident had first reported the damp and mould, the scaffolding had still not been erected and no repairs to the chimney carried out.
This was a significant failure by the landlord, most especially given it was aware, as early as 20 January 2023, that the resident had asthma and that he had been advised to move his possessions out of his bedroom. It had also sent an internal email to its LCDM (Leaks Damp and Mould) team on 24 April 2023 in which it said the resident ‘has asthma and his life has been put on hold. His flat is upside down at the moment and he cannot have anyone round to his property as everything is in his front room’. The landlord also said the property was ‘covered in mould’ and this needed chasing as soon as possible.
There is also limited evidence of the landlord taking any interim measures to address the damp and mould while it was waiting for the chimney works to be completed. As referred to previously, it did promptly arrange for dehumidifiers to be delivered. In his complaint of 27 March 2023, the resident also referred to the engineer who attended on 20 January 2023 applying a mould spray to the most affected walls. However, this is the only reference to mould treatment in the evidence we have seen.
There were also significant delays in the landlord fitting extractor fans to the kitchen and the bathroom. A job for this was raised on 10 February 2023, noting that the kitchen fan would need a roof vent installed before this could be fitted. However, the job was then not completed until 7 June 2023, 4 months after this was originally raised on 10 February 2023.
These failures were acknowledged by the landlord in its final response of 11 August 2023. It also acknowledged its poor communication with the resident, referring to him not receiving updates after its inspection on 31 January 2023 and that he had tried to contact the landlord multiple times but still received no updates.
In recognition of its acknowledged failures the landlord offered the resident a total of £730 compensation. This was made up of:
1. £350 offered at stage 1 for the delay in the remedial roofing works being carried out for damp and mould and in the extractor fans being replaced/installed.
2. An additional £365 compensation for the further delays to the damp and mould works.
3. £15 for the missed scaffolding works in the week commencing 15 May 2023.
We have considered the amount of compensation offered. Given at the time of the landlord’s final response: 7 months had passed since the resident first reported the damp and mould, no meaningful action had been taken to resolve the water ingress, it had repeatedly said it would take action but did not do so, and considering the significant impact on the resident, we do not consider the £730 offered by the landlord to be proportionate to the level of failure in this case.
As a result of finding of maladministration has been made. It should be noted that were it not for the landlord’s acknowledgement of its failures and its offer of compensation we would have found severe maladministration in this case.
To make this right, the landlord has been ordered to pay the resident a further £770 compensation, bringing the total payable to £1,500. This figure is in line with amounts suggested in our remedies guidance in circumstances where there have been serious repeated failures by the landlord which had a seriously detrimental effect on the resident.
In addition to apologising and offering compensation, the complaint process provided the landlord with the opportunity to take action to put right the outstanding repairs and to learn from the outcome.
As per paragraph 42a of the Housing Ombudsman Scheme, we may not consider complaints about matters that have not exhausted the landlord’s complaints process. However, where the landlord has made commitments as part of its complaint responses, we will consider subsequent events in order to establish whether the landlord has put things right in accordance with the Ombudsman’s Dispute Resolution Principles.
At the time of the final response, the works to the chimney which the landlord was aware were the cause of the damp and mould, had still not been completed. The landlord committed in its final response to ensuring the scaffolding was erected on 31 August 2023, with the required works taking place after this had been put up.
However, in an internal email, dated 11 April 2025 and some 20 months after its final response, the landlord:
1. Confirmed the scaffolding was not erected as agreed on 31 August 2023. The landlord said this was due to an issue with a supply cable close to the chimney and that its contractor would need to liaise with the UK power network to sleeve (protect) this cable to enable safe scaffolding and roofing works to be completed.
2. Noted there had been a ‘cross over’ between the contractor, which it no longer used for roofing works, and its new roofing team.
3. Confirmed that no follow up jobs were raised and the roofing works were still unresolved.
In its email the landlord proposed a further £800 compensation be offered to the resident, noting that this was due to the works identified at stage 2 not being completed. Given the extent of the failure in this case, the landlord has been ordered to pay this additional £800 to the resident if it has not already done so.
As the landlord has evidenced little learning from this complaint, it has also been ordered to carry out a senior management review of its handling of the resident’s reports of damp and mould in this case. This is to include specific reference to its Leaks, Condensation, Damp & Mould Policy, its handling of the repairs to the chimney and the damp works in the resident’s home, and its communication with the resident.
We understand that the landlord has now received notification from UK power network advising that it could safely erect the scaffolding, which the landlord said was due to be erected in the week commencing 26 May 2025. The landlord said the resident has also confirmed access in June 2025 for the internal works to be completed.
To ensure these works are progressed the landlord is ordered to confirm to us, within 6 weeks of the date of this report, whether or not they have been completed. If they have not, the landlord is to explain to the Ombudsman why that is the case and confirm what action it is going to take to resolve this. It is also to consider whether further compensation should be paid to the resident for this additional delay.
The review and, if applicable, the action plan and decision regarding additional compensation is to be shared with the Ombudsman and the resident.

Handling of the associated complaint.

The resident logged his formal complaint with the landlord on 27 March 2023.
In accordance with its complaints policy the landlord should have acknowledged the complaint within 5 working days and then issue its stage 1 response within 10 working days of that acknowledgement.
The landlord acknowledged the complaint within the 5 working day timescale, doing so on 29 March 2023. However, it failed to provide its response within 10 working days of that acknowledgement, not doing so until 5 May 2023. This represented a delay of 17-working days which would have been understandably frustrating for the resident.
The resident escalated his complaint on 30 June 2023. In accordance with its complaints policy the landlord should have acknowledged the escalation request within 5 working days and then issue its stage 2 response within 20 working days of that acknowledgement.
However, on this occasion the landlord did not acknowledge the escalation request until 18 July 2023, 12 working days later.
It is noted that the landlord issued its stage 2 response within 20 working days of its acknowledgement of the resident’s escalation request, doing so on 11 August 2023. However, the landlord’s failure to acknowledge the escalation request in a timely manner resulted in an unreasonable delay in the resident receiving its final response. This is because, rather than the maximum of 25 working days from escalation to stage 2 response, the resident had to wait 30 working days.
Given the delay in its response at stage 1 and its acknowledgement of his escalation request, it was appropriate for the landlord to acknowledge and apologise to the resident for these failures. To put things right, the landlord offered the resident £100 compensation. This figure is in line with amounts suggested in our Remedies guidance in situations where there has been a failure by the landlord of a relatively short duration which may not have significantly affected the overall outcome for the resident.
Overall, we are satisfied the apology and compensation offered by the landlord provided the resident with reasonable redress for the delays in its handling of his complaint, and the unnecessary distress and inconvenience this would have understandably caused him.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of the resident’s reports of damp and mould in his property.
In accordance with paragraph 53(b) of the Housing Ombudsman Scheme, the landlord provided reasonable redress in respect of its handling of the associated complaint.

Orders and recommendations

Orders

Within 4 weeks of the date of this report the landlord is ordered to:
1. Pay the resident a total of £2,300 compensation made up of:
  1. The £730 compensation it offered for its acknowledged failures with regards to its handling of the resident’s reports of damp and mould in his property, if this has not already been paid.
  2. An additional £770 to provide the resident with a level of compensation proportionate to its significant and repeated failures which had a seriously detrimental effect on the resident.
  3. The £800 compensation proposed in its email of 11 April 2025 for its ongoing failures with regards to its handling of the resident’s reports of damp and mould in his property following its final response to this complaint.
2. Carry out a senior management review of its handling of the resident’s reports of damp and mould in this case. This is to include specific reference to its Leaks, Condensation, Damp & Mould Policy, its handling of the repairs to the chimney and the damp and mould in the resident’s home, and its communication with the resident.
Within 6 weeks of the date of this report the landlord is ordered to confirm to us, whether or not the required works have been completed. If they have not, the landlord is to explain to the Ombudsman why that is the case and confirm what action it is going to take to resolve this. It is also to consider whether further compensation should be paid to the resident for this additional delay.
The landlord is confirm compliance with the above orders within the timescales
It is the Ombudsman’s position that compensation awarded by this Service should be treated separately from any existing financial arrangements between the landlord and resident and should not be offset against arrears.

Recommendation

If it has not done so already, it is recommended that the landlord now pay the resident the £100 offered in respect of its handling of the associated complaint. The finding of reasonable redress being dependent on these monies being paid to him.