Flagship Housing Group Limited (202328248)

REPORT

COMPLAINT 202328248

Flagship Housing Group Limited

23 December 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

1. The complaint is about the landlord’s handling of reports of damp and mould in the loft affecting the bathroom and bedroom in the property.

Background

2. The resident is a tenant of the landlord, a housing association. The property is a 3-bedroom house built around 2014.
3. The information provided shows that issues with water ingress, damp and mould were experienced at points between 2016 and April 2022.
4. In April 2023, the resident reported damp and mould to the bathroom ceiling, after which the landlord raised a repair for an extractor fan and damp and mould, and told the resident that it had requested for the ceiling to be assessed. Following this, it is understood that the landlord mould washed and painted the ceiling.
5. In July 2023, the resident complained that the landlord was not doing enough. He said that mould was due to poor ventilation, plasterboard needed to be replaced due to mould being in existing plaster, and a new ventilation solution was needed after this was done.
6. The landlord provided a stage 1 response on 3 August 2023. It noted that the resident complained about ongoing damp and mould in the bathroom and requested for the mould to be removed, for the ceiling to be repaired, and for a better extractor fan to be installed. It noted that it could not locate any reports since some actions in May 2022. It said it had booked an inspection on 17 August 2023 to asses renewal of the ceiling and installation of a better-performing extractor fan.
7. On 17 August 2023 a repairs operative inspected who found that the ceiling did not need renewing, and on 18 August 2023 an insulation contractor inspected who recommended to top up the loft insulation, fit 40 felt lap vents, replace bathroom and kitchen extractor fans, fill in gaps round extractor fan ducting, and anti-mould treat and paint the ceiling.
8. The landlord attempted to progress the works with the resident from around September 2023, but he was unhappy with proposed works. He said he was told the bathroom ceiling needed to be replaced. He raised concern that there was black mould and wet insulation in the loft. He raised concerned about leaks to a bedroom.
9. In late October 2023, a roofer inspected. They noted a damp patch in a bedroom, daylight through tiles, and water sitting on plasterboard. They noted that there was water coming through where a nail had missed a rafter, and said this was causing ceiling stains and could potentially cause future damp and mould. They recommended works to remove a section of roof, replace felt and batten, and sort out lead flashing. The following week, a planned works manager inspected who noted that there was no roof leak or wet insulation.
10. The resident says that around this time, the landlord inspected the loft and found black mould on the timbers and membrane and a lack of ventilation in the loft space, causing black mould to run riot and water to drip onto a bedroom ceiling.
11. The landlord provided a stage 2 response on 15 November 2023. It noted that the resident was unhappy with its findings, and that he wanted all loft insulation to be replaced rather than topped up due to black mould. It said that the insulation contractor had not identified any damp, and a manager had found no issues and said that a small amount of mould found would not cause any harm. It noted that the resident wanted the landlord to pay for an independent survey, and said it had instructed a contractor to carry out a building survey on 24 November 2023. It committed to complete any works identified in the survey and to monitor matters.
12. On 15 December 2023, the independent contractor provided their report.
    1. They said mould growth in the loft was within acceptable parameters, but recommended to adjust insulation to improve ventilation, replace extractor ducting that was causing moisture to the bathroom ceiling and likely the loft, repair any damaged membrane, and remove items stored in the loft.
    2. They recommended works for replacement of the bathroom fan, works to the kitchen fan, and repair and decoration to internal finishes after they dried.
    3. They said that some bedroom ceiling stains was due to cold bridging, and that some dry stains to another bedroom ceiling was due to a roof leak. They noted that there were some elevated moisture, condensation and mould in the property  which was believed to relate to closed windows and trickle vents, limitations of fans, amount of occupants, and use of a diffuser. They recommended reducing the level of moisture in the air in the first instance for stains due to the cold bridging, and monitoring stains suspected to be due to a roof leak to ensure it remained dry. They recommended hygrometers to be installed to monitor humidity and temperature levels if damp and mould issues persisted.
    4. They noted that there was some dislodged lead flashing which may allow water ingress if not rectified and recommended remedial works for this.
13. The same day, the landlord forwarded the report to the resident. It noted that the surveyor had not raised any serious concerns, and said it would review the recommendations and supply a works schedule after Christmas.
14. In early January 2024, the landlord reviewed the recommendations. It confirmed it would action the majority of them, apart from the flashing which was not considered to be urgent, and membrane works that would require a full re-roof which was not warranted. It told the resident that someone would contact him to arrange the works.
15. In late January 2024, the resident queried a lack of contact about the works. He also raised concern that the landlord and report had not addressed root causes of mould in the loft, and what was going to be done with the mould in the loft. He said around this time that he was going away until mid February 2024, and the landlord said he would be contacted to arrange the works after his return. It said the works were for replacement of kitchen and bathroom fans, replacement of the bathroom ceiling, and the loft insulation in eaves.
16. In February 2024, the landlord monitored the booking of the works, and in March, it emailed the resident after the contractor reported having difficulty contacting him. The resident said the works were booked in April, but queried what was being done about present mould and leaks and ceiling stains in a bedroom. Following this, the landlord said that repairs suggested in the report had been scheduled and advised the resident to report additional repairs.
17. In mid April 2024, the contractor reported issues with contacting the resident to arrange the works, after which the landlord contacted him. Following this, he raised concerns with the coordination and communication for the works and letters not giving reasons for works such as thermostats, which he said worked fine in the property. The landlord detailed that the pending works were based on the inspection findings and included replacement of the bathroom fan, replacement of a small section of plasterboard ceiling, installation of felt vents, upgrade of loft insulation, and thermostat works to help monitor humidity.
18. In May 2024, further difficulties were noted with works, including the resident reporting that contractors had not turned up, and the contractor reporting that the resident wanted a further loft survey before works proceeded. Following this, the landlord appointed a single point of contact and scheduled works on 30 and 31 July 2024 at the resident’s request. It confirmed works were to top up insulation, fit 40 lap vents, clear insulation from any vented areas, replace bathroom extractor fan including ducting to tile vent, replace kitchen fan, remove damaged section of plasterboard ceiling around the bathroom fan and replace, skim complete ceiling, and remove and refit the bathroom light in conjunction with the works. It said that it would inspect on the second day of the works and that after the bathroom plastering had dried, it would return and repaint the ceiling.
19. The landlord confirms that majority of works were completed in July 2024, but additional loft insulation was not fitted as it was satisfied that the insulation was sufficient and met industry standards. It also says that during the works it was identified that there were cracks in some of the roof tiles, which was not significant but were enough to see light coming through. Following this, it completed some roof works between 9 and 25 September 2024 during which it replaced felt and brushed down rafters to remove dried mould growth. It said that it had offered the resident £1,100 compensation which he had not accepted as he had requested £1,400.
20. The resident confirms that the landlord has carried out a number of works. He says that there was no mould in 1 bedroom and bathroom, but 2 other bedrooms experience small amounts of mould despite windows and vents being opened. He says there are stains on a bedroom ceiling but no further signs of water ingress. He says the landlord has not put humidity monitors in the property.
21. He raises concern that there continues to be mould in the loft above all the rooms in the property, including black mould, white mould and mould spores, which previously caused mould to build up in rooms and the bathroom ceiling to have to be replaced. He is concerned that similar issues if the loft mould is not dealt with. He is also concerned that no works were done to the front of the loft and house, and that action to treat the timber in the loft by sanding it down is inadequate compared with treatments mould specialists recommended.
22. He raises concern with the landlord’s handling of matters and says repairs were poorly organised, and does not feel that £1,100 he was offered reflects the impact of issues, his loss of earnings, the impact, and more than 10 occasions where appointments were missed or contractors did not have the right tools. 

Assessment and findings

23. The resident has raised continued concerns about whether enough is being done about issues in the loft to avoid future issues. The Ombudsman understands the resident’s concerns, but we should note that it is not in our expertise to make definitive decisions about whether there are damp and mould issues in a property and what specific action should be taken to remedy these. Our main focus is on how a landlord has responded and whether this is reasonable.
24. In April 2023, the resident reported damp and mould to the bathroom ceiling, after which the landlord said it had requested repairs for damp and mould, an extractor fan and an assessment of the ceiling. The evidence indicates that the landlord did a mould wash and painted the ceiling, but it does not clearly demonstrate its approach to fan and ceiling repairs. The resident’s July 2023 complaint was an opportunity for the landlord to do this, but it did not identify that there had been recent reports. The landlord took appropriate action to arrange for the ceiling and fan to be assessed in August 2023, but it is not satisfactory that it did not acknowledge the recent reports, and consider the outcome to these.
25. In August 2023, the landlord’s operative identified that the ceiling did not need renewing, and its contractor recommended works that included topping-up of loft insulation, lap vents, fan replacement, and treatment and painting of the ceiling. The Ombudsman understands that the resident had concerns about whether the identified works would resolve matters. However, the landlord’s proposed works were reasonable. These were based on inspection by the landlord’s operative and contractor on whose professional opinion it is entitled to rely, and actions such as fitting lap vents seems in line with what is recommended for issues with loft ventilation.
26. The resident was concerned the works were not enough, and the landlord said it would arrange for an independent surveyor to inspect and do any works they identified. Their report said that mould in the loft was within acceptable parameters, and made some recommendations to improve ventilation, decorate, and monitor matters. The landlord was positive to arrange an independent inspection, and shows it was seeking to resolve the resident’s concerns in an evidence-based way.
27. The resident believed that the entire bathroom ceiling needed to be replaced, which he may have been told verbally was required, but it is not evident that the August 2023 operative visit and December 2023 independent survey identified the need for this. The landlord therefore seems reasonable to have initially done painting works, and then agreed to do further repairs.
28. The resident believes that more needs to be done about mould in the loft. The landlord’s operative noted that mould was minimal, and the December 2023 independent survey said that mould was within acceptable parameters. The Ombudsman understands that the landlord does not consider mould in photos supplied by the resident to be of significant concern. The main identified issue has been the build up of moisture for which ventilation improvements were done. This includes replacement of bathroom fan ducting which was the main identified cause of the bathroom ceiling damp and mould.
29. The landlord’s approach to carry out works it identified and monitor matters seems reasonable, as this is based on consideration by operatives and contractors on whose professional opinion it is entitled to rely. We cannot see clear evidence for a professional view that shares the resident’s concerns about mould in the loft, or see evidence that this issue has resulted in any significant detriment. The Ombudsman understands the resident’s concerns about mould issues recurring, but the landlord seems entitled to initially explore resolutions it considers will help resolve matters.
30. The landlord made a commitment in its November 2023 stage 2 response to arrange the independent survey and complete any works identified, and it is important for a landlord to meet commitments it makes. The independent survey was completed and provided to the resident in December 2023, and between January 2024 and July 2024 the landlord sought to progress the works identified in August and December 2023. The landlord therefore demonstrates it sought to meet its commitments in its stage 2.
31. The resident raised concerns, in this period, about coordination of the works and at least 10 appointments where operatives did not turn up or do works, and it is not evident that communication and management of the works has always been effective. The landlord was therefore positive to offer £1,100 compensation.
32. The Ombudsman’s remedies guidance does not consider it reasonable to compensate for loss of wages, but does consider it reasonable to recognise the inconvenience caused by missed appointments. The guidance does not specify amounts, but £10 to £20 is commonly awarded by landlords per missed appointment, which means £200 may be applicable for 10 occasions where the resident says there were issues. The £1,100 exceeds this and is a figure we would award where there has been significant maladministration and impact on a resident.
33. In our opinion, the £1,100 therefore reasonably addresses the issues the resident experienced with communication and coordination for the works, and issues evident such the stage 1 response’s lack of acknowledgement of recent reports. However, there is concern about the landlord’s handing of a roof contractor’s October 2023 visit that identified issues with the roof, including light coming through. This describes issues that the landlord says were observed when it carried out the July 2024 works, which led to further works being done in September 2024.
34. The landlord’s manager inspected the loft around October 2023 and did not identify issues with the roof, but we would have liked to have seen clearer consideration of the roof contractor’s October 2023 findings, as findings about light coming through and water coming through where a nail had missed a rafter merited this. It is not evident that the resident experienced water ingress in this time, but it does not seem reasonable that it took 11 months for works to be done to the roof, as the landlord does not show it was doing all it could to resolve issues. This leads the Ombudsman to find a service failure in the landlord’s handling of reports of damp and mould in the loft affecting the bathroom and bedroom in the property.

Determination

35. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of reports of damp and mould in the loft affecting the bathroom and bedroom in the property.

Orders and recommendations

36. The landlord is ordered to, within 4 weeks:
    1. pay the resident £200 for the issues identified, in addition to the £1,100 it previously offered, which it should pay if it has not already.
    2. take steps to arrange to inspect the loft, after which it should write to the resident about its current position on any mould and moisture in the loft.
    3. take steps to inspect the property and consider if it is necessary to install hygrometers to monitor humidity and temperature, after which it should write to the resident about its current position and actions on this, and about any advice that can be provided to the resident to mitigate against any issues.
    4. take steps to inspect the bedrooms for any water stains and consider if it is responsible for any further action, including making good any damage from water ingress that may be due to delays resolving roof and loft issues, after which it should write to the resident about its current position on this.
37. The landlord is recommended to ensure that it takes adequate steps to review recent reports when responding to complaints.