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ForHousing Limited (202329766)

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REPORT

COMPLAINT 202329766

ForHousing Limited

25 March 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:
    1. Reports of damaged floor tiles in the downstairs toilet.
    2. Damp and mould work relating to plastering, damp proofing, and ventilation.
    3. The associated complaint, including compensation.

Background

  1. The resident lives in a 3-bedroom property with her 3 children. The landlord has said the resident signed for an assured shorthold tenancy on 11 June 2012. The landlord has no noted vulnerabilities for the resident’s household.
  2. The landlord was aware of damp issues in the resident’s property in early 2022. Between 13 September 2022 to 16 October 2023 the landlord raised jobs to investigate and fix a leak, loose tiles, and replaster, insulate, install a fan and damp-proof course.
  3. The landlord completed work between November 2022 to October 2023. On 4 October 2023 the resident complained about the standard of work and the condition the landlord’s operatives left her property in.
  4. The landlord provided its stage 1 response on 1 November 2023 and said:
    1. it apologised that the work it did was not to its expected standard and it raised jobs to complete the damp work to a satisfactory standard
    2. it noted the damp work was out of target by 4 months and agreed this was “unacceptable”
    3. it arranged for its contractors to remove their tools and debris
    4. it apologised that they left these and said the contractor’s higher management team would take this up
    5. it accepted its joiner did not attend on 11 October 2023 but attended the next day and agreed to address this with them 
    6. it offered provisional dates for 20 November 2023 to do the plastering and the 24 November 2023 to do the tiling and bricklaying 
    7. it awarded the resident £300 for the service failures.
  5. The landlord said the resident escalated her complaint on 12 December 2023. A damp survey from 19 December 2023 made further work recommendations. The landlord provided its stage 2 complaint response on 17 January 2024 and said:
    1. it apologised for the delays in doing the damp work
    2. it completed the repairs to the radiators in the downstairs bathroom on 10 January 2024
    3. it apologised for the damages to the resident’s carpets, blinds, and clothing amounting to £840 which it had paid to the resident
    4. its roofer attended on 16 January 2024 after the resident told it that there may be a roof leak, but it could not find any
    5. it awarded a further £950 for the delay, stress and inconvenience and it agreed to monitor the works through to completion.
  6. The resident told us that the landlord completed the damp work and there are no signs of damp or mould. She said the landlord has not repaired the cracked tiles in the downstairs toilet. On examining the complaint, following the resident’s referral to this service, we noted that the landlord had only paid the resident the compensation of £1,140 made up of:
    1. £300 from its stage 1 response
    2. £840 referred to in its stage 2 response.
  7. The landlord did not pay the resident the £950 it offered within its stage 2 response but said it would pay this in March 2025, after the Ombudsman identified that this was outstanding. The resident would like the landlord to offer additional compensation for the time she took off work and she would like it to repair the tiles in her downstairs toilet.

 

 

 

Assessment and findings

Scope of the investigation

  1. The landlord was aware of reports of damp or mould as early as March 2022. The resident did not complain about the landlord’s handling of this until 4 October 2023. The Ombudsman expects residents to raise complaints with their landlords within a reasonable time of matters arising, this is usually within 12 months.
  2. In this case we have included jobs the landlord raised in September 2022 as part of this investigation. This is because they relate to further repair requests raised by the resident and to exclude them from the investigation would not be fair in the circumstances. Therefore, this investigation will consider the landlord’s handling of damp and mould from September 2022.

Toilet floor tiles

  1. The resident complained to the landlord about broken tiles in her downstairs toilet on 5 January 2024. Despite acknowledging this in its stage 2 response the landlord did not address it.
  2. The resident has said the landlord has not repaired the tiles. The landlord has not provided the Ombudsman with an inspection report or any evidence to support their reasons for not repairing the broken tiles.
  3. The landlord has also not provided a copy of the resident’s tenancy agreement to us. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair policy and tenancy agreement. This left the resident feeling ignored and amounts to maladministration. As the broken tiles are still present, we have made 2 orders to deal with this, including an order for compensation which is in line with our remedies guidance.

Damp and mould work

  1. Although we do not have a copy of the resident’s tenancy, the type of tenancy the resident has contains implied terms. These terms make the landlord responsible for the structure and exterior of the property which includes the roof, guttering, external doors, and walls. The landlord is also responsible for maintaining toilets and water pipes. This is under Landlord and Tenant Act 1985, s.11. The landlord’s damp and mould procedures required it to inspect the property for damp and mould within 10 working days of a report. The landlord also had to complete any damp and mould related work within 40 working days or otherwise agree a resolution with the resident.
  2. The landlord raised jobs on 13 September 2022, to investigate a leak and loose tiles, with mould growth between them, in the bathroom. It also said it needed to:
    1. check there was no leak in the hall and landing area and insulate and plaster any cracks
    2. “carry on membrane” from the top to the bottom of the stairs
    3. have a hall and bedroom ceiling “taken down” and replace the insulation and replaster
    4. hack off the plaster and install a new damp proof course in the lounge.
  3. It completed these jobs between 8 November 2022 to 20 December 2022. It took the landlord 69 working days to complete all the work from the date it raised the jobs. This was not in line with the 40 working day target in the landlord’s damp and mould procedure. Therefore, in the absence of a satisfactory explanation we cannot be satisfied the landlord acted reasonably.
  4. On 9 November 2022 the landlord was aware of a report of damp affecting paintwork. It inspected the property on 15 November 2022 and noted that the front door needed adjusting because of a draught. The landlord’s records also refer to the resident telling it she felt a draught around her washing machine. The landlord inspected the resident’s property within a reasonable time in line with its damp mould procedure. The landlord’s records do not show if the landlord adjusted the door or investigated any draught around the washing machine.
  5. It attempted to look at the door on 24 November 2022 but could not as the resident was unaware of the appointment. Therefore, it ought to have rearranged this to investigate the cause of any draughts. This is because cold temperatures, from draughts, can contribute to condensation and cause mould growth. As the resident has said she no longer experiences damp or mould we have not made an order in relation to this.
  6. The landlord told this service that there were delays to it doing the additional work it raised on 2 December 2022 because the resident cancelled, refused, or did not allow it access. This included jobs to:
    1. mould clean the hall/landing cupboard and top of stairs, kitchen plaster, cupboard and tiles and apply thermal paint
    2. hack off damaged plaster at the top of the stairs and apply a membrane before replastering
    3. apply a membrane and replaster the kitchen door frame and hall door frame area
    4. find the toilet pipework leak and hack off the toilet window wall, radiator wall and basin and toilet wall plaster before applying a membrane and replastering.
  7. However, the landlord has not provided evidence to support its reasons for the delays in completing this work. Additionally, the notes for the 2 December 2022 jobs also notes there were “delays whilst waiting for R & D Survey, Asbestos.” Therefore, we cannot verify the landlord’s account given the conflicts and available evidence. The landlord added the following jobs on 4 April 2023:
    1. re-fix the toilet, basin, and radiator after removing them
    2. replace the duct casing on the pipework
    3. re–fit a new skirting to the top of the stairs and toilet
    4. re–tile the area around the sink.
  8. Whatever the reasons for the time it took, the landlord’s records showed that it did not complete the jobs it raised on 2 December 2022 and 4 April 2023 until 12 October 2023. This was longer than the 40 working days referred to in its damp and mould procedure. The Ombudsman cannot be satisfied, in the absence of evidence to explain the delays, that this was reasonable. We also note that the landlord:
    1. recorded on 7 December 2022 that the gutter may be leaking and raised a job on 23 February 2023 to replace the hopper
    2. noted on 15 November 2023 that it had missed the top half of the hallway and so needed to “hack off, dub out and skim”.
  9. The landlord’s repair records do not state when it replaced the hopper. The landlord ought to have inspected this and made repairs if it found a leak as leaking guttering or pipes can cause damp and mould. As the resident has said there is no damp work outstanding, we have not made an order relating to this. In respect of the hallway plastering, the landlord did not complete this until 1 December 2023. It was positive the landlord sought to remedy this promptly.
  10. The landlord raised a job on 20 December 2022 to install a fan and board and skim a large hole in 1 bedroom and hack back the plaster in another bedroom on the external back wall and “float and skim”. It said it completed the additional jobs it raised on 20 December 2022 by 2 February 2023, except for the installation of an electrical fan. This was within the 40 working days target. Fans can help improve ventilation which can reduce damp and mould. It is unclear from the landlord’s records when it installed the electrical fan and so we cannot be satisfied the landlord completed this within target. However, as the resident said this is not outstanding, we have not made an order regarding this.
  11. The landlord raised the following jobs on 16 October 2023 to:
    1. remove the radiator in the downstairs toilet
    2. hack off plaster on the radiator wall, apply a membrane and replaster
    3. renew the plaster vent on the window wall and re–skim the window landing and renew the tiling near the sink after fixing the basin leak.
  12. According to the landlord it did not complete the jobs it raised on 16 October 2023 until 4 December 2023. The landlord has provided evidence it was unable to do work on 19 to 20 October 2023 and on 27 November 2023. This was because of access issues or because there was a minor in the property. It is understandable that the landlord was unable to complete the work in these circumstances although we note the resident told the landlord that she would not be available on 19 October 2023. However, overall, the landlord’s handling of the jobs it raised on 16 October 2023 were reasonable and in line with its damp and mould procedure.
  13. The landlord raised a job for a damp inspection on 28 November 2023, but it did not happen until 19 December 2023. While this was not in line with the landlord’s damp and mould procedure, we find no fault in the inspection delay. This is because the landlord noted the resident requested this date and so it was reasonable of the landlord to accommodate the request. The damp inspection recommended:
    1. the installation of a kitchen fan and the kitchen floor be screed
    2. checks on the bathroom floor and “wall in cupboard” and bedroom ceiling  
    3. the landlord hack off the plaster and damp proof around the alcove and chimney breast in the dining room and install a plaster vent.
  14. Based on the records it is unclear when the landlord installed the kitchen fan, screed the kitchen floor, inspected the bathroom floor or completed works to the bedroom ceiling. Moreover, we note that it is unclear from the landlord’s records if it completed the job it raised on 20 December 2023 to rake out and repoint the seal around the resident’s rear downpipe and front door to make it watertight. As the resident has said there is no outstanding work, we have not made orders relating to these. The repair records show that the landlord completed work to the chimney breast on 8 May 2024 and it installed a vent in the cupboard on 29 May 2024. The landlord did not complete these works within the 40 working days referred to in its damp and mould procedure.

 

 

Summary

  1. Overall, the landlord did not show it completed the damp work in line with its damp and mould procedure. This is in respect of the work it raised on 13 September 2022, 2 December 2022, 4 April 2023, and the work recommended in its damp report of 19 December 2023. The landlord accepted it had unacceptably delayed work in its complaint responses and reimbursed the resident the £840 for damaged items. It also paid the resident £300 in compensation and agreed to pay a further £950 during its complaint process. The resident has told us that there are no outstanding works or signs of damp and mould. Nevertheless, it is evident that the delays in dealing with the damp work caused the resident significant distress and inconvenience.
  2. The resident wanted compensation for time off work, in general the Ombudsman does not award compensation for the time residents take off work for appointments. This is because residents must give access to landlords for work and so landlords can expect their availability. We can award compensation for distress and inconvenience.
  3. The Ombudsman considers that the amount of compensation the landlord has either paid or offered in total (£2,090) is fair considering the level and duration of the failures, taking into account the significant effect this had on the resident. Therefore, the compensation for its handling of damp work amounts to reasonable redress. However, the Ombudsman has considered the delay in it making payment below.

Complaint handling

  1. The landlord has a 2-stage complaint process. It must respond to complaints at stage 1 within 10 working days. It needed to respond to complaints at stage 2 within 20 working days. The resident complained on 4 October 2023 and the landlord responded at stage 1 on 1 November 2023. This was in line with its complaint policy. The resident escalated her complaint on 12 December 2023 and the landlord responded on 17 January 2024. It took the landlord 23 working days to respond against a target of 20 working days. This was a short delay which did not cause the resident any detriment.
  2. The landlord however did not address the resident’s concerns about broken toilet floor tiles, this was a failure as the landlord acknowledged this aspect of the complaint in its stage 2 response. It is acceptable under the Ombudsman’s Complaint Handling Code for a landlord to open a new complaint about a new issue raised by a resident after its stage 1 response. However, as the landlord said it would consider the complaint about the bathroom floor tiles in its stage 2 it should have done so rather than leaving this outstanding.
  3. The landlord also failed to pay the resident the £950 it offered in its stage 2 response within the time it said it would. This amounted to maladministration as the landlord did not honour the commitment it made in its final complaint response. It is therefore appropriate that it pay additional compensation to reflect the additional distress and inconvenience that this caused. We have made an order of compensation in line with our remedies guidance.

Determination

  1. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s handling of reports of damaged floor tiles in the downstairs toilet.
  2. In accordance with paragraph 53.b. of the Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, resolves the complaint about its handling of damp and mould work satisfactorily.
  3. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders

  1. Within 28 days of the date of this determination the landlord must:
    1. arrange for a director to write to the resident with an apology for the failures identified in this report
    2. pay the resident directly additional compensation of £350 made up of:
      1. £150 for the distress and inconvenience caused by its handling of the reports of damaged floor tiles
      2. £200 for the distress and inconvenience caused by its complaint handling, including the delay in it paying compensation
    3. inspect the toilet floor tiles and assess any damage to these and explain to the resident if it accepts responsibility for repairing or replacing these.
  2. The landlord must provide the Ombudsman with evidence that it has complied with the above orders within 28 days of the date of this determination.
  3. Within 56 days of the date of this determination the landlord must provide the resident with a date for the completion of any repairs or replacement to the toilet floor tiles it has accepted and raised. The landlord must provide the Ombudsman with evidence of compliance with this order within 56 days of the date of this determination.

 

Recommendations

  1. Within 28 days of the date of this determination the landlord should:
    1. pay the resident directly the £950 it offered in its stage 2 response (if it has not done so already)
    2. consider adding its compensation policy (as referred to in its complaints policy) to its website for completeness and transparency
    3. consider specifying timescales within its repairs and maintenance policy for it to complete emergency, routine, and planned repairs
    4. review how it monitors compensation payments offered during its complaint process to identify any improvements to ensure payment is made within a reasonable timeframe.