Colchester City Council (202232634)
REPORT
COMPLAINT 202232634
Colchester City Council
24 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
- The complaint is about the landlord’s handling of the resident’s reports of multiple repairs to his home.
Background
- The resident is a secure tenant of a 3-bedroom house, owned by the landlord, where he resides with his wife and children.
- The resident complained to the landlord on 26 January 2023. He stated that since moving into the property 5 years ago he had been reporting the same issues of heat loss due to poor insulation, and draughts from windows and doors. Its operatives attended each year, made minor repairs, and assured him it had resolved the issues. He had reported his concerns again in December 2022, and said he had mould in his lounge but received no response. The mould and cold temperatures had caused his children to be constantly ill and damaged his belongings. In further correspondence on 27 February 2024, he added that it needed to do additional work to his radiators, kitchen door, and damp proof course (DPC).
- The landlord responded at stage 1 of its complaints process on 13 March 2023. It had arranged to repair the kitchen door, for a damp survey, and had completed radiator works. It confirmed that it would replace the doors and windows and would arrange a suitable installation date. It apologised for its late response and communication and offered £100 compensation.
- The resident asked the landlord to escalate his complaint on 18 March 2023. He was disappointed that its response was 3 weeks past the agreed extension. He disagreed that the work to the radiators was complete. He stated that it had given no timescales for promised inspections and works. He asked it to re-evaluate its compensation offer to consider the cost of re-decorating his lounge, the damage to his belongings, and his children’s ongoing medical issues.
- In the landlord’s stage 2 response on 2 May 2023, it said its contractor would return to replace the other radiators. It had arranged a damp survey for 27 April 2023. It would renew and insulate the loft cover and review the loft insulation during its inspection. It would also fit the windows and doors within the next 12 weeks. It apologised and increased its compensation offer to £200.
- The resident remained unhappy with the landlord’s response and brought his complaint to us. He wanted it to complete all of the required work and increase its compensation offer.
Assessment and findings
Scope of investigation
- In his complaint, the resident said that his children had been constantly ill from the mould and cold temperatures. They had chest infections, increased asthma attacks, and respiratory problems. These were ongoing and may have long-term effects. He said that the landlord had not taken this seriously.
- The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an illness, oral testimony can be examined in court. The resident’s complaint about the effects of damp and cold on his children is better dealt with via the court. We can, however, consider any distress and inconvenience likely caused as a result of any failings by the landlord.
- In the resident’s complaint he said he had been raising his concerns for 5 years. Given the time that has elapsed, it is difficult to now rely on the landlord having retained sufficient evidence. It is essential that residents raise their complaints with landlords within a reasonable timeframe, normally within 12 months of the matter arising. They could then progress these issues to us in a reasonable timeframe thereafter if they are unhappy with how a landlord responds. This has limited the extent to which we can investigate.
- Our role is to assess the landlord’s handling of the resident’s complaint, to see if it took reasonable steps to resolve complaints within its internal process. This investigation has focused on the events from January 2022, leading up to the landlord’s final response on 2 May 2023.
Reports of multiple repairs
- The landlord’s repairs policy says that it will attend emergency repairs within 24 hours, urgent repairs within 7 days, and routine repairs within 30 days. It will attend more complex repairs within 120 days, such as windows and doors. The landlord’s specialist contractor will attend reports of damp and mould within 20 days to complete a survey and detailed report.
- The landlord’s repairs records show that the resident reported the windows not holding in heat in January 2022. It said that it installed the windows in 1993 and referred to them having 4 years left before replacement. However, it would pick this up in its next contract. It replaced a bedroom window on 5 February 2022. There was no evidence of any further repairs for 2022.
- In the resident’s complaint he reported that his home suffered from damp, mould, and cold temperatures. It had told him during its previous 2 visits that the windows and doors needed replacing. He reported damp and mould in his lounge on 15 December 2022 and again on 24 January 2023 but received no response. He had cleaned and redecorated his lounge 3 times in 18 months at his own expense and inconvenience. It could easily rectify the mould growth and heat loss by upgrading the windows and doors or at least replacing door seals and glazing panels.
- The resident wrote further on 27 February 2023, stating that he was disappointed that he had not received a response to his complaint. This was despite an agreed extension. He contacted the landlord’s contractor about the radiators. They attended promptly to assess them but he had heard nothing since. He had asked it to replace his kitchen door as the handle fell off, trapping his son inside. He also said that the high ground level at the side of his home and exposed DPC may have been the cause of the damp and mould in his living room. He had received no contact about the poor cavity and loft insulation. His loft hatch had bowed and did not fit.
- In its stage 1 complaint response the landlord apologised for its late reply. It had been chasing its departments for information which had not been forthcoming. It said that it had raised orders for the damp survey, kitchen door, and completed work to the radiators. The doors and windows were being manufactured and it would contact him to book in the work. It agreed with his comments about its communication and had experienced the same when investigating his complaint. It was working on this and had been organising meetings where different departments would meet to discuss relevant matters. It offered £100 for the frustration this caused as a gesture of goodwill.
- The landlord’s response was reasonable in acknowledging its late response and offering compensation. It also demonstrated some learning from the complaint in that it was arranging meetings to discuss matters. However, it failed to provide any timescales to the resident for completion of the work. It failed to respond to all of the issues raised, such as the insulation and DPC. It should also have addressed his reports of damaged belongings by providing guidance on how he could make a claim either via his own contents insurance or via its insurance with relevant evidence.
- In the resident’s escalation request he expressed his dissatisfaction with its delayed response and that it had addressed its communication incorrectly. It had used a first name which was not his. He said that it had not completed the replacement of radiators in his bathroom and child’s bedroom. He declined its compensation offer and asked it to consider what was reasonable and fair to include damage to his sofa, carpets and underlay, pain and suffering, stress and anxiety, and time taken to re-decorate.
- In its stage 2 response the landlord apologised for addressing the resident’s complaint incorrectly. It said this was human error and confirmed that its records did reflect his correct name. It had instructed its contractor to replace the 2 radiators. The damp survey would take place on 27 April 2023, and it would consider any recommendations. It would renew and insulate the loft cover. It had reviewed the energy performance certificate, rated C, and its inspection photographs from 2019 showed a good level of loft insulation. But it would check this during its inspection. Its contractor would schedule a date with him to replace the windows and doors within the next 12 weeks. It increased its compensation offer to £200.
- It was appropriate for the landlord to apologise for its error and increase its compensation offer. However, it is not clear what it had considered when calculating its offer. It would be beneficial for it to consider how it sets out its offers of compensation and what they relate to. This may improve clarity and understanding.
- The landlord’s response regarding the doors and windows was reasonable and in line with its repairs policy timescale of 120 days for planned works. But it again failed to confirm timescales for the radiators and did not mention cavity wall insulation or the DPC. While it provided a date for the damp survey, this was 61 working days since he made his complaint, and 88 working days since reporting mould in December 2022.
- Landlords need to make sure their homes are safe, warm, and free from hazards. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. They must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved. It failed to act on the resident’s reports of mould within a reasonable timescale.
- The landlord’s actions and completion of some of the repairs could be said to have put things right for the resident. This included replacement of the windows and doors, kitchen door, and replacement radiators. However, it failed to resolve the substantive issues of his complaint until months after it had issued its final response. Our outcomes guidance is clear that a finding of reasonable redress cannot be determined under such circumstances. This is particularly the case where the landlord has not demonstrated specific learning points to prevent similar failings in the future.
- Following the landlord’s final response its damp survey recommended to replace mould affected mastic sealant around the bathroom window frame. It was also to carry out a service and clean to the existing extractor fans in the bathroom and kitchen, check for cavity wall insulation, and the lower ground level below the built in DPC. The evidence shows that the resident chased the landlord on 20 May 2023. He complained that it had been 6 months since raising his complaint and many of the issues remained unresolved.
- The landlord apologised to the resident on 18 August 2023 and acknowledged that it had let him down. It had failed to update him on the findings of the damp survey. It asked its surveyor for a copy of the report and confirmation of any required works. It asked him to confirm if the radiators and loft hatch had been done. While it stage 2 response had not confirmed that it would carry out a cavity inspection, it had requested this.
- The landlord should have been aware of what works had been completed from its own records rather than relying on the resident to confirm this. While its stage 2 response had not stated it would raise an insulation inspection, this had been a primary concern for the resident in his complaint. Its damp survey also recommended this. This shows that it was not monitoring work through to completion and it failed to keep the resident up to date.
- The landlord’s records show that it reduced the level of soil to the side of the house and installed shingle on 2 October 2023. This was over 5 months after the damp survey recommended this. It completed work to the loft hatch on 10 October 2023, 9 months after the resident raised his concerns. It carried out an insulation inspection in January 2024 and completed the required work in March 2024. This was over a year since he raised his complaint. It is reasonable to assume that the above issues would have contributed to the damp and mould he was experiencing.
- For the reasons set out above we find there was maladministration in the landlord’s handling of the resident’s repairs. We have made an order for additional compensation due to the further delays experienced by the resident.
Determination
- In accordance with paragraph 52 of the Scheme there was maladministration in the landlord’s handling of the resident’s reports of multiple repairs to his home.
Orders and recommendations
Orders
- Within 4 weeks of the date of this report, the landlord is ordered to carry out the following actions and provide evidence of its compliance:
- Pay to the resident the sum of £500 for time and trouble, distress and inconvenience, for its delays in completing required repair works. (This includes £200 offered in its stage 2 response which can be deducted if already paid).
- Send a written apology to the resident for the failings identified in this report.
Recommendations
- The landlord should also consider the following:
- Contact the resident to ensure that all works are complete, and it has resolved the damp and mould issues.
- Consider how it sets out its compensation awards to clearly show the breakdown of what it has considered and what it related to.