ForHousing Limited (202322778)

REPORT

COMPLAINT 202322778

ForHousing Limited

11 April 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

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

Background

2. The resident is an assured tenant of a 3-bedroom house, owned by the landlord, where she resides with her 2 children.
3. The resident complained to the landlord on 11 May 2023. She said she had outstanding damp and mould repairs due to a leaking overflow pipe and ivy growing up the gable wall.
4. The landlord sent its stage 1 response on 31 May 2023. It apologised for the delay in resolving the issues. It had ordered parts to resolve the leaking overflow. Before it could take action to resolve the ivy it needed to speak with private owners where it originated from. It would complete an inspection once it removed the ivy to check the pointing of the wall.
5. The resident escalated her complaint via this Service on 5 December 2023, due to the repairs being outstanding.
6. The landlord sent its stage 2 response on 10 January 2024. It set out the repairs it had undertaken from January 2022 to May 2023. It acknowledged and apologised for the delay in completing repairs to the overflow pipe. It confirmed that it removed the ivy in December 2023 and found no further required work. Its surveyor confirmed there were no damp and mould concerns following its inspection but it would complete a further damp survey once it repaired the overflow pipe. It offered £1,700 compensation comprising £1,200 for the delay and £500 for stress and inconvenience.
7. The resident remained unhappy with the landlord’s response and brought her complaint to us. She wanted it to complete the repairs and prevent the damp and mould from returning. She has since confirmed that it has repaired the leaking overflow pipe.

Assessment and findings

Scope of investigation

8. The resident told us in January 2025 that her home is cold and she has experienced high energy bills in the winter. She believes this is due to the lack of cavity wall insulation.
9. The resident did not raise these matters as part of her complaint in May 2023. In the interest of fairness, the landlord must have the opportunity to investigate and respond to the resident’s concerns. The resident will need to contact the landlord about these additional issues and, if appropriate, raise another complaint if she is dissatisfied with the way it responds. We have, therefore, not considered these matters in investigating this complaint.

Reports of damp and mould

10. The landlord’s damp and mould procedure says it will inspect and investigate reports of damp and mould to identify any required remedial work. It will raise repairs within 24 hours of completing the inspection. All damp work will be raised with a 40 working day target.
11. It is not disputed that there were failings in the landlord’s handling of the resident’s reports of damp and mould. When there are failings by a landlord, as is the case here, we will consider whether the redress offered by the landlord (apology, compensation and offer to complete repairs) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we take into account whether the landlord’s offer of redress was in line with our dispute resolution principles, be fair, put things right and learn from outcomes.
12. The landlord’s repairs records show that it raised orders between April and August 2022 for black spot mould. It installed a new fan and vent to the bathroom, completed gutter repairs, mould treatments, and window repairs.
13. In January 2023 the landlord carried out a damp survey. It noted black mould growth and rising damp across the length of the wall on the gable end. It said the gas needed to be capped to complete a repair to the leaking overflow.
14. It was not until April 2023, 3 months later, that a repair was raised for the above work on a 40 day priority. This was not in line with its damp and mould procedure which states that repairs will be raised within 24 hours of completing its inspection.
15. The repairs raised were to cap the gas, resolve the leak, remove switches and outlets in the lounge and bedroom, remove radiators, plaster and refit switches. Its records also show that it would install a new fan and change fan position to the external window wall, treat mould, stain block the ceiling and install insulation to the bathroom. It raised an order to make good the brickwork around the waste pipe on the back wall and inspect the pointing on the gable end after removal of the ivy.
16. The resident complained in May 2023 that the landlord had failed to complete the repairs. In its stage 1 response it apologised for the delays and confirmed it had ordered parts to repair the leaking overflow. It confirmed that it needed to consult private owners before removing the ivy but would inspect once this was complete.
17. It was appropriate for the landlord to acknowledge and apologise for the delays. It was also reasonable to consult private owners about the ivy before removing it. However, it should have considered awarding compensation at this stage, given there had been a delay of 3 months in raising the repair work, and the repairs remained outstanding. It should also have confirmed timescales for when it would complete the work and considered how it would prevent further delays.
18. That said, in the landlord’s stage 2 response it apologised for the delay in repairing the leaking overflow pipe and offered £1,200 compensation. It confirmed that it completed repairs in May 2023 and the ivy was removed in December 2023. It found that no pointing work was needed and it found no damp and mould at the time of its inspection. It also recognised the distress and inconvenience of the delays and awarded an additional £500, totalling £1,700 compensation.
19. The landlord’s response was appropriate in recognising its failings and apologising. While it did not demonstrate any learning from the complaint, its compensation offer was reasonable and in line with our remedies guidance. We have, therefore made a finding of reasonable redress.
20. The landlord’s records show that it completed further work in May and June 2024. It raised work to install vents in the living room to improve ventilation, to install loft insulation and vents to allow the loft to breathe. Its records show that it completed the work.

Determination

21. In accordance with paragraph 53.b. of the Scheme the landlord has made an offer of redress prior to investigation which, in our opinion, satisfactorily resolves its handling of the resident’s reports of damp and mould.

Recommendations

22. Our finding of reasonable redress was made on the basis that the landlord pay to the resident the sum of £1,700 if not already paid.
23. The landlord should contact the resident to discuss her concerns about cavity wall insulation and her home being cold. It should also consider undertaking a further damp survey to ensure that its remedies have resolved the resident’s concerns about damp and mould.
24. The landlord should consider how it communicates and keeps residents updated any about any delays.