Cobalt Housing Limited (202323944)

REPORT

COMPLAINT 202323944

Cobalt Housing Limited

26 June 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

The complaint is about the landlord’s handling of the resident’s reports of damp and repairs in the bathroom.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident is an assured tenant under an agreement dated September 2006. The landlord is a housing association. The property is a 2-bedroom house. The resident lives with her son. The landlord does not have any vulnerabilities on record for the household.
The landlord recorded that there was damp in the resident’s bathroom on 27 June 2023. On 5 July 2023 the landlord raised works to repair the resident’s bathroom including mould treatment. The landlord’s surveyor completed an inspection for damp and mould on 11 July 2023.
The resident called the landlord on 26 July 2023 to chase appointments for the repairs. She said the floor was lifting in the bathroom as the floorboards were damp. The landlord raised a job for this the following day. The resident called the landlord 4 times between 31 July and 8 August 2023. She said since the mould treatment, the damp had returned, operatives were not completing work when they attended, and she wanted the bathroom to be reassessed as it was damp and not mould. She requested a call back from the surveyor.
The landlord raised a stage 1 complaint on 10 August 2023. It called the resident and sent an email to her to acknowledge her complaint the same day. She said the damp had damaged a bath panel she had fitted, and she had to remove the beading as it was damp and had an unpleasant smell. She said she wanted compensation for the damage to her property. The resident called the landlord 5 times between 11 and 23 August 2023. She said the landlord had missed appointments and operatives would not complete repairs due to the damp in the bathroom.
The landlord called the resident 25 August 2023. It sent its stage 1 response the same day. It apologised as the resident was dissatisfied with its service and said:
1. it raised works on 5 July 2023 for the bathroom repairs which required several operatives. It agreed it could have coordinated this better.
2. it told the resident she would receive a call back from the surveying team, however she did not receive this call back.
3. it upheld the resident’s complaint as its communication had been poor on several occasions. It would like to apologise as the standard of customer care was not as it would have hoped.
4. the resident had agreed a timetable with its contractor, which accounted for her holidays, to complete the work by the end of September 2023.
5. as gesture of goodwill, it had arranged to send a £75 shopping voucher which the resident had accepted.
6. it would use her complaint as feedback to improve its service.
The resident called the landlord 4 times between 25 September and 3 October 2023. She said the landlord’s contractor had not completed the work and she had taken time off work for this. She requested a call back from the landlord. The landlord called the resident and escalated her complaint on 5 October 2023. The resident contacted the landlord several times from late October 2023 to chase her stage 2 complaint response.
On 20 November 2023 the Ombudsman asked the landlord to provide its stage 2 response by 27 November 2023. The landlord provided its stage 2 response on 1 December 2023. It said:
1. it agreed that it did not manage the number of operatives required to complete the work well.
2. it did not complete the work to an acceptable standard or within an acceptable timeframe in the first instance.
3. there was a lack of communication from it during the works, and it apologised for the lack of continued communication during the complaints process.
4. it upheld the resident’s complaint as it was clear the service she received was not to the standard it would have expected, due to multiple visits by operatives and the clear inconvenience experienced by the resident.
5. it had arranged to send £100 shopping vouchers under separate cover.
The resident referred her complaint to the Ombudsman on 8 December 2023. She said she wanted the landlord to complete the repairs and contact her in a timely manner. The resident also said she wanted the landlord to apologise and compensate her for the stress caused. The resident has since confirmed to the Ombudsman that the issues with damp in her bathroom are still outstanding.

Assessment and findings

Scope of the investigation

In correspondence with the Ombudsman, the resident has referred to issues with her boiler. This did not form part of the original complaint brought to us. It is unclear whether the resident raised this issue as a separate complaint with the landlord. Accordingly, this investigation will only consider the issues addressed in the landlord’s stage 2 response of 1 December 2023. Any new issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if needed.

The landlord’s handling of the resident’s reports of damp and repairs to the bathroom

The Housing Act 2004 ensures landlords are responsible for assessing hazards and risks within their rented homes. When assessing any such hazards and risks, the assessment should be considered in line with the Housing Health and Safety Rating System (HHSRS) which classes damp and mould as a category 1 hazard. Section 9A of the Landlord and Tenant Act 1985 also requires the property to be free from hazards and to be fit for human habitation.
The landlord’s damp and mould policy states that the landlord would:
1. respond promptly to reports of damp and mould and arrange to visit the resident’s home to inspect within 5 working days.
2. put a plan in place to respond to any issues it found during the inspection.
3. complete the works within set target timescales based on the extent of the damp and mould identified.
4. repair structural issues that cause rising or penetrating damp or poor ventilation in a resident’s home.
The landlord’s repairs policy states that it aims to complete routine repairs within 10 working days. It would keep residents informed of potential delays with a repair.
The landlord’s staff guidance states that staff should keep residents informed even if they had passed their details on or were seeking an answer.
The landlord’s compensation policy states that it could pay discretionary compensation, in the form of vouchers, as follows:
1. up to a maximum of £50 for each failure to meet a service standard or communication up to a total maximum of £100.
2. up to a maximum of £250 where there have been multiple instances of service failure.
3. over £250 where there was significant impact and serious long-term effect on the resident.
The landlord first recorded that there was damp in the resident’s bathroom on 27 June 2023. It arranged for a surveyor to inspect the resident’s property on 11 July 2023. This was 10 working days after the landlord first recorded that there was damp in the resident’s property. The landlord’s damp and mould policy states that it would inspect a resident’s home within 5 working days. Therefore, this was unreasonable.
The landlord raised several repairs to the resident’s bathroom on 5 July 2023. This included:
1. renewing a fan in the bathroom.
2. renewing sealant to the sides and ends of the bath.
3. renewing sealant to the shower tray.
4. raking out and regrouting wall tiles.
5. applying bacterial detergent and mould treatment to surfaces.
6. applying stain block to walls.
The landlord’s records indicate that it completed these works. However, it is unclear when. Additionally, the landlord has not provided a record of the surveyor’s inspection completed on 11 July 2023. Therefore, the Ombudsman is unable to determine if the landlord acted in accordance with its damp and mould policy and put a plan in place, to complete works within set timescales, to respond to any issues found.
The Ombudsman’s spotlight report on repairs published in March 2019 states that the landlord and its contractor’s should keep comprehensive records of residents’ reports of disrepair, and its responses including details of appointments, inspections, surveyors’ reports, work carried out and completion dates. These records should be clear, accurate and easily accessible. Had the landlord considered this it may have prevented these service failures.
The resident called the landlord on 26 July 2023 to chase appointments for the damp and mould repairs. She said the floorboards in the bathroom were damp and lifting. The landlord sent an email to its contractor to request that it booked appointments with the resident. It is unclear if this was the work raised on 5 July 2023, or from the surveyor’s inspection of 11 July 2023. However, in either case the landlord had gone beyond the 10 working days stipulated in its repairs policy to complete routine repairs. This was inappropriate.
The landlord raised a job to assess the bathroom floor and repair as necessary on 27 July 2023. The resident called the landlord on 31 July 2023. It confirmed an appointment with her. The landlord’s records show that it had arranged to fit the new fan and work on the bathroom floor on 10 August 2023. The landlord raised the job to replace the fan on 5 July 2023. This had gone beyond the 10 working days stated in its repairs policy to complete a routine repair. This was inappropriate. However, it arranged to assess the bathroom floor within this timescale. This was reasonable.
The landlord raised a job to replaster the wall on 1 August 2023. Its records show that it had arranged to complete this job on 16 August 2023. This was an oversight as it was 1 working day over the 10 working days stated in its repairs policy to complete routine repairs.
The resident called the landlord on 3 August 2023. She said since it had treated the mould, the damp had returned. She said damp was coming up through the floorboards and operatives had attended, but said it was not worth doing the job and she should ask for a surveyor to reattend. The resident requested a call back from the surveyor.
This did not happen, and the resident called the landlord on 8 August 2023. She said the landlord had told her that it would contact her within 48 hours. The landlord’s records show that the surveyor was unavailable when the resident called on 3 August 2023. However, the landlord did not inform her of this. This was unreasonable as its staff guidance states that staff should keep residents informed.
The landlord called the resident on 10 August 2023. She said a painter had attended and treated the mould on the bathroom ceiling and a plumber had attended on 2 August 2023, but she said he could not complete the work due to the damp. The landlord has not evidenced that it has any record of these appointments. Had it considered the Ombudsman’s spotlight report on repairs and maintained comprehensive repair records, it may have prevented this service failure.
The resident called the landlord 5 times between 11 and 23 August 2023. She said that:
1. the landlord had not attended the appointment on 11 August 2023 for the bathroom floor and she had taken time off for this. She wanted to speak with the person handling her complaint.
2. she wanted to rearrange this appointment and for a surveyor to revisit.
3. several operatives had attended but would not complete work as the plastering required attention.
4. the plasterer did not attend on 16 August 2023 to replaster the wall, and she had taken time off work for this.
5. an operative had called her on 21 August 2023 and said he was at her property to tile but the landlord had booked that job for 30 August 2023.
6. an electrician had not attended the appointment arranged for 23 August 2023 and she had taken time off work for this.
During this time the landlord emailed its contractor to chase and rearrange appointments. However, it did not contact the resident to inform her of this. This was unreasonable. Additionally, the landlord’s repairs policy states that it would keep residents informed of any potential delays. Therefore, the failure by the landlord or its contractor to attend arranged appointments was inappropriate. The landlord could also have avoided the confusion around the operative attending on the wrong day if it had maintained clear records as stated in the Ombudsman’s spotlight report on repairs.
The landlord sent its stage 1 response on 25 August 2023. It upheld the resident’s complaint and apologised for the service she had received. This was reasonable. It also offered £75 shopping vouchers as a goodwill gesture. Additionally, the landlord said that the resident had agreed a timetable with its contractor to complete all the works at the end of September 2023 accounting for her holidays. This was reasonable. However, the landlord did not consider the damage the resident said the damp had caused to her property. This was unreasonable.
The resident called the landlord on 25 September 2023 as its contractor had not completed the work outlined in the landlord’s stage 1 response. The landlord called the resident on 25 September 2023 and told her it was looking into this. The resident called the landlord again on 26 September and 2 and 3 October 2023 and requested an update. The landlord did not contact her. This was unreasonable as its staff guidance states it should keep residents informed.
The landlord called the resident on 5 October 2023 to discuss her complaint. She said that repairs to the bathroom floor and tiling were still outstanding. This was inappropriate as the landlord’s contractor had not completed the works at the end of September 2023 as the landlord had confirmed in its stage 2 response.
The landlord’s records show that it raised a job to complete work on wall tiles in the resident’s bathroom on 16 November 2023. The landlord’s records indicate that it completed this job, although it is unclear when. However, the landlord initially raised a job to regrout the wall tiles on 5 July 2023. The landlord had gone beyond the 10 working days stated in its repairs policy to complete a routine repair. This was inappropriate.
The landlord sent its stage 2 response on 1 December 2023. It upheld the resident’s complaint and apologised for its lack of contact during the complaints process. However, the landlord did not apologise for the issues around completing repairs in the resident’s bathroom or confirm any action to complete these. This was unreasonable. The landlord offered £100 shopping vouchers. This was unreasonable as the landlord did not consider the damage the resident had said the damp had caused to her property.
When the resident referred her complaint to the Ombudsman on 8 December 2023, she said that she wanted the landlord to complete the repairs. It is unclear if the landlord has completed these repairs. The landlord’s records show that a surveyor attended the property for a stock condition survey on 31 July 2024. However, the landlord has not provided a record of this. The resident has since confirmed that there are outstanding issues with damp in her bathroom.

Summary and conclusions

In summary, the landlord:
1. did not arrange for a surveyor to inspect the resident’s property for damp and mould within 5 working days of it being aware of this, in line with its damp and mould policy.
2. failed to maintain adequate records to demonstrate the result of the surveyor’s inspection, when it attended the resident’s property, any action taken and when it completed jobs. This led to confusion in operatives attending the property on the incorrect day.
3. did not complete work in accordance with the timescales stipulated in its repairs policy.
4. inconvenienced the resident by not attending arranged appointments after she had taken time off work for these. It failed to inform the resident it had cancelled these appointments in line with its repairs policy to inform residents of any potential delays.
5. did not contact the resident and update her as requested in line with its staff guidance to keep residents informed.
6. did not complete the outstanding work by the end of September 2023 as stated in its stage 1 response.
7. did not consider the damage to the resident’s property in both its complaints responses.
8. did not apologise for the delays in completing repairs in the resident’s bathroom or confirm the action it would take to complete these in its stage 2 response.
The landlord’s compensation policy states that it would pay compensation in the form of vouchers. However, the £175 offered in shopping vouchers to the resident in its complaint responses does not reflect the distress and inconvenience caused. The resident explained the distress and inconvenience the damp and outstanding repairs in her bathroom caused her in her correspondence with the landlord.
The Ombudsman has found that there was maladministration for the reasons outlined above. Therefore, the landlord should pay the resident compensation to recognise how its failures impacted her. Having carefully considered our guidance on remedies, a fair level of compensation would be £325, in addition to the £175 in shopping vouchers, for a total of £500. This appropriately recognises the distress, inconvenience and upset caused by the landlord’s failures in its handling of the resident’s reports of damp and repairs in the bathroom.
As the resident has said there are still outstanding issues with damp in her bathroom, the landlord should arrange for a surveyor to inspect this. Following the inspection the landlord should send a letter to the resident with an action plan for any outstanding works, including timescales of any work necessary to resolve the issues. The landlord should provide a copy of this letter to the Ombudsman.

The landlord’s complaint handling.

The landlord’s complaints policy is compliant with the Complaint Handling Code (the Code). It states that:
1. a complaint is an expression of dissatisfaction however made.
2. it would acknowledge a complaint within 5 working days.
3. it would respond at stage 1 within 10 working days of the date of acknowledgement, unless it had agreed an extension with the resident.
4. it would respond at stage 2 within 20 working days unless it had agreed an extension with the resident.
The landlord’s records show that the resident raised a complaint on 8 August 2023. The landlord acknowledged the complaint on 10 August 2023. The landlord’s complaints policy states that it would acknowledge a complaint within 10 working days. Therefore, this was appropriate. As the landlord had acknowledged the resident’s complaint on 10 August 2023 it had 10 working days until 24 August 2023 to provide its stage 1 response. The landlord provided this on 25 August 2023. This slight delay was a short coming.
The landlord escalated the resident’s complaint on 5 October 2023. Therefore, it had 20 working days until 2 November 2023 to provide its stage 2 response. The resident contacted the landlord throughout November 2023 chasing an update on her complaint without response. This was unreasonable.
On 20 November 2023 the Ombudsman asked the landlord to provide its stage 2 response within 5 working days by 27 November 2023. The Code sets out that landlords should be able to respond to complaints without the involvement of the Ombudsman. Therefore, this was inappropriate.
The landlord provided its stage 2 response on 1 December 2023. This was 41 working days after it had escalated the resident’s complaint and was inappropriate. It apologised for the lack of communication during the complaint process in this response. This was reasonable. However, it did not acknowledge or apologise for the delay in providing the response. This was unreasonable.
The landlord has not produced any evidence to show that the delays were outside its control or necessary to answer the complaint. On this basis the landlord failed to comply with its own complaint policy and the Code. The Ombudsman has found maladministration in the landlord’s handling of the resident’s complaint. The landlord unreasonably delayed in providing its stage 2 response which delayed the resident in seeking redress through this service.
Having carefully considered our remedies guidance a fair level of compensation would be £100. This recognises the distress and inconvenience caused by the landlord’s handling of the resident’s complaint.

Determination

In accordance with paragraph 52 of the scheme, there was maladministration in the landlord’s handling of the resident’s reports of damp and repairs in the bathroom.
In accordance with paragraph 52 of the scheme there was maladministration in the landlord’s handling of the associated complaint.

Orders

Within 28 days of the date of this report the landlord should:
1. write a letter of apology to the resident for the failures identified in this investigation.
2. send the £175 shopping vouchers outlined in its complaint responses to the resident if it has not already done so.
3. pay the resident £425, which it must not offset against any arrears, consisting of:
  1. £325 to recognise the likely distress and inconvenience caused by the landlord’s handling of the resident’s reports of damp and repairs in the bathroom.
  2. £100 to recognise the likely distress and inconvenience caused by the landlord’s handling of the resident’s complaint.
4. arrange for a surveyor to inspect the resident’s bathroom for damp. Following the inspection the landlord should send a letter to the resident with an action plan for any outstanding works, including timescales of any work necessary to resolve the issues. The landlord should provide a copy of this letter to the Ombudsman.
The landlord should provide evidence of compliance with the above orders within 28 days of the date of this determination.