Great Places Housing Association (202336059)

REPORT

COMPLAINT 202336059

Great Places Housing Association

9 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

The complaint is about the landlord’s handling of the resident’s reports of:
1. Damp, mould, and the associated repairs.
2. Drain odours.

Background

The resident is a tenant of the landlord, and lives in a ground floor flat. The landlord does not have any recorded vulnerabilities for the resident.
The resident contacted the landlord on 21 September 2022 and reported there was damp and black mould “all over” his kitchen. The landlord inspected and found that there was a leak from the property above. The landlord resolved the leak from the property above in November 2022 (the exact date is unclear from the records provided). The landlord raised a job to replaster and decorate following the damage caused by the leak. It marked this work as complete on 24 March 2023.
The resident contacted the landlord on 7 July 2023 and reported damp behind his kitchen cupboard, and said he thought there was a leak. The landlord inspected on 19 July 2023. Following the inspection the landlord arranged for a drain survey, as the resident had reported a “foul smell”. The drain survey took place on 20 July 2023 and reported there were no foul odours present, and the soil pipe was properly sealed. It noted the ‘service hatch’ was removed, and should be refitted. The notes indicate the resident declined to have the service hatch refitted.
On 8 September 2023, the resident reported the external drains were blocked. The landlord attended on the same day, and found the drains to be clear with “no obstruction”.
The landlord completed a repair to the resident’s water cylinder on 28 September 2023, as the resident had reported water flowing out of the overflow pipe when it rained.
Following the resident raising further concerns about damp and mould, the landlord completed a damp and mould inspection on 19 October 2023. Following the inspection, it raised works to decorate the kitchen in anti mould paint. The resident disagreed with the findings of the landlord’s inspection, and the landlord arranged for a damp surveying company to inspect.
The damp surveying company inspected on 31 October 2023. Its report said:
1. The damp issues in the property were “clearly plumbing related” and the “main issues” had been addressed. It recommended a further inspection of the plumbing in the property above to ensure the leaks were resolved.
2. The moisture levels in the property were “relatively low”.
3. There was evidence of external staining and “penetrating dampness” from the boiler overflows.
4. There was no evidence of a smell at the time of the visit, and the resident reported it was only present when it rained.
5. The reported dripping sound from the pipes were likely the sound of the expansion and contraction of the pipes after use.
6. It recommended redecorating with mould resistant paint, once the landlord was sure any plumbing issues were addressed.
The resident made a complaint on 7 November 2023 and said his flat was “uninhabitable” due to the damp in his kitchen and bathroom. The landlord sent its stage 1 complaint response on 20 November 2023. It outlined the history of the resident’s reports of repairs to related to damp and mould, and the drains. It set out that the independent damp inspection found “no current damp issues”. It said it would be in touch to arrange redecoration of the kitchen, and would re fit the service hatch on 29 November 2023. It did not uphold the resident’s complaint.
The resident was unhappy with the landlord’s stage 1 complaint response, and asked his complaint to go to stage 2 of its process on 22 November 2023. He said he was unhappy the landlord had not been able to identify the cause of the smell of sewage,. He was unhappy it had not inspected when it was raining, which was when the smell occurred. He said he was “not convinced” by its explanation about the sound of dripping from the pipes, and it had redecorated “several times” and there was still “flaky paint”.
The landlord re fitted the service hatch on 29 November 2023, and completed the redecoration works in the kitchen on 11 December 2023.
It sent its stage 2 complaint response on 19 December 2023. It restated the position outlined in its stage 1 complaint response. It said the independent inspection found there were no current damp issues. It said the drains were running clear with no evidence of an odour, and the dripping noise was likely the expansion and contraction of pipes. It offered to arrange for a further independent inspection of the property, due to the resident’s continued concerns. It did not uphold the complaint.
The resident contacted this Service on 23 February 2024 and asked us to investigate his complaint. The resident said the drain smell was not resolved and the dripping sound of water, which he believed to be a leak, was not resolved.

Assessment and findings

The resident’s reports of damp and mould, and the associated repairs

Section 11 of the Landlord and Tenant Act 1985 obliges the landlord to keep in repair the structure and exterior of the property, and keep in repair and proper working order the installations for the supply of water and sanitation.
Landlords are required to consider the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). HHSRS does not specify any minimum standards, but it is concerned with avoiding, or minimising potential health hazards. Damp and mould are potential hazards that fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS. Where potential hazards are identified, improvement works are typically the starting point and additional monitoring is expected.
The landlord’s damp and mould policy states that it will inspect within 10 working days on receipt of a report of damp and mould. The policy states that if redecoration works are needed, after damp issues, it will complete the redecoration.
The landlord’s repairs policy states that for emergency repairs it will attend within 24 hours, and for routine repairs it aims to attend within 20 working days.
When the resident asked this Service to investigate his complaint he said that the landlord’s handling of the damp, mould, and associated repairs had impacted on his mental wellbeing. The serious nature of this is acknowledged and we do not seek to dispute the resident’s comments. However, this aspect of the resident’s complaint ultimately requires a determination of liability for personal injury. Claims of personal injury, including damage to health, can be considered via a landlord’s public liability insurance or in a court of law. Such claims will take into consideration medical evidence and allegations of negligence. These matters fall outside of the Ombudsman’s remit.
The resident may wish to seek independent advice on making a personal injury claim, if he considers that his health has been affected by any action or lack thereof by the landlord.
This investigation has considered the resident’s reports of damp and mould in the period leading up to the stage 1 complaint. We have determined the landlord was on notice about the resident’s concerns about damp and mould from July 2023. It is noted that there were historic issues from the property above, which the landlord resolved in November 2022. Considering what is reasonable in the circumstance we have assessed the landlord’s handling of the resident’s reports of damp and mould from July 2023, and the inclusion of information about the historic leak is included for context.
The resident reported concerns about damp and mould in his kitchen on 7 July 2023, and the landlord inspected on 19 July 2023. This was within the timeframes set out in its damp and mould policy and reasonable in the circumstances.
When the resident continued to report issues with damp and mould, the landlord arranged for an independent damp specialist to inspect the resident’s property. This was appropriate in the circumstances and evidence the landlord adopted the approach recommended in our spotlight report on damp and mould. The spotlight report states landlords “should identify where an independent, mutually agreed and suitably qualified surveyor should be used”. That the landlord did so in this case was appropriate and evidence it took the resident’s concerns seriously, and it sought to build trust by getting an independent assessment of the situation.
The independent survey cited that the likely cause of the damp issues was resolved, but recommended it inspect the plumbing in the property above to ensure the leak was resolved. We have seen no evidence to indicate the landlord did so at the time. This was a failing in its handling of the matter, and the resident was inconvenienced by the landlord not having due regard for the recommendations made by an independent inspection. We note the landlord sought to progress with the redecoration works recommended by the surveying company.
The landlord’s stage 1 complaint response, of 20 November 2023, gave a detailed history of the repairs related to damp and mould. This was appropriate in the circumstances. The landlord set out its position in relation to the “dripping” sound from pipes with clarity. While it is noted the resident disagreed with its findings, the landlord was entitled to rely on the findings of its own operatives, and the findings of the independent inspection.
In relation to the overall findings of the damp and mould inspection, the landlord’s stage 1 complaint response lacked transparency. The landlord’s complaint response stated that the independent inspection found “no current damp issues” at the property. In fact, the report cited there was evidence of “penetrating damp” from the boiler overflow, and recommended a further inspection of the plumbing of the property above. While it is noted the landlord had recently resolved the boiler overflow issue at the time of its complaint response, that it cited there were no current issues was inappropriate.
The landlord completed the redecoration works in the kitchen on 11 December 2023, which was 29 working days after the independent damp and mould inspection. It is noted this was outside of the timeframes set out in its repairs policy. However, considering the nature of the works, this was a reasonable timeframe in the circumstances, and the delay was not excessive.
The landlord’s stage 2 complaint response, of 19 December 2023, set out its position in relation to the damp, mould, and associated repairs with clarity. This was reasonable in the circumstances. That it offered to complete a further independent survey was reasonable in the circumstances, and evidence it took the resident’s concerns seriously. That it offered a further inspection is evidence it sought to build trust with the resident, and continued to adopt the approach recommended in our spotlight report on damp and mould.
While it is apparent the landlord believed the leak from the property above was resolved, there is no evidence it inspected the plumbing again, as recommended by the independent specialist. This has resulted in a finding of service failure, and a series of appropriate orders are made below. Our remedies guidance sets out that for findings of service failure an order of compensation up to £100 may be appropriate to put things right for the resident. The exact amount of compensation will depend on the individual circumstances of the complaint. Considering, the failings identified above we have determined an order of £100 in compensation is appropriate.

The resident’s reports of drain odours

The evidence indicates the landlord was on notice about the resident’s concern about odours from the drains when it inspected on 19 July 2023. On receipt of this information the landlord arranged for a specialist drain contractor to attend the following day. This was reasonable in the circumstances, and evidence the landlord took the resident’s concerns seriously.
The drain survey found there was no evidence of odours, and the soil vent pipe was properly sealed. It is noted the resident disagreed with this finding, and we do not seek to despite his claim. However, the landlord was entitled to rely on the findings of specialist operatives, and the evidence shows the landlord took reasonable steps to investigate his concerns at the time.
On a further report of a drain blockage, and smell, on 8 September 2023, the landlord arranged for the specialist contractor to attend on the same day. This was in line with the timeframes set out in its repairs policy, and appropriate in the circumstances. Again, the landlord was entitled to rely on the findings of the specialist operatives that did not identify any odours or blockages in the drain.
The landlord used its stage 1 and 2 complaint responses to set out its position in relation to the drain odours. It outlined the actions it had taken to investigate, and the findings of its investigation. While we note the resident’s concern that the issue was not resolved, the landlord outlined its position with clarity and its actions were appropriate in the circumstances. We have determined there was no maladministration in the landlord’s handling of the matter.
We note the resident’s concern that the drain odours only occurred when it rained, and the landlord did not complete any inspections while it was raining. We cannot find this as a failing on the part of the landlord, as the landlord responded appropriately, and in a reasonable timeframe, when the resident reported the issue. Considering the resident’s ongoing concerns about this issue, we have made a recommendation below.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was service failure in the landlord’s handling of the resident’s reports of damp, mould, and the associated repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme there was no maladministration in the landlord’s handling of the resident’s reports of drain odours.

Orders

Within 6 weeks the landlord is ordered to:
1. Apologise to the resident in writing for the failings identified in this report. The apology should be in line with the Ombudsman’s guidance on apologies, available on our website.
2. Pay the resident £100 for the inconvenience caused by its handling of his reports of damp and mould.
3. In line with the recommendations of its independent survey, the landlord must inspect the plumbing to satisfy itself that all leaks are resolved. The findings of the inspection must be shared with the resident and this Service.

Recommendations

In recognition of the specific concerns raised by the resident, it is recommended that the landlord sends a repairs officer to inspect his property when rain is forecast. This is to seek to identify any issues with odours from the drains, as the resident has reported.