Great Yarmouth Borough Council (202405474)

REPORT

COMPLAINT 202405474

Great Yarmouth Borough Council

12 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:
1. Reports of damp and mould.
2. Temporary move.
The Ombudsman has also considered the landlord’s record–keeping.

Background

The resident is a secure tenant of her landlord, a local authority. She lives in a 3-bedroom house with her partner and teenage son. The property has a downstairs bathroom and a separate toilet upstairs.
The resident has health problems, including a fused spine and a bladder issue. She also has depression and anxiety.
The resident moved into the property in 2019. Before she took on the tenancy, a previous tenant relocated the kitchen into a single-skinned, single-storey rear extension that had been used for storage. The landlord has confirmed that they did not carry out these works.
The records indicate that the resident reported damp and mould as early as 2020. Repair records show that mould cleaning was completed on 3 occasions between 2020 and 2023. Additionally, in response to the resident’s reports of damp and mould, repairs were carried out on the following:
1. Leaking guttering.
2. Repairing windows and insulation.
3. Repointing brickwork.
4. Improvements to drainage.
On 30 March 2023, the landlord met with the resident to discuss necessary upgrades to the kitchen, which required insulation and repairs. The landlord explained that due to the extent of the work and its impact on kitchen access, the resident would need to be temporarily moved to another property during the renovations. In April 2023, an Occupational Therapist (OT) assessed the downstairs bathroom and recommended modifications for the resident’s safety. The landlord agreed to include these bathroom alterations with the kitchen upgrades.
On 30 January 2024, the resident complained that repairs were either outstanding or partially completed and the damp had damaged her personal items and was affecting her health. She said that a year after being told a temporary move was required, she had not been offered a suitable property. She asked for the work to be completed within 3 months.
On 7 February 2024, the landlord sent a stage 1 response. It confirmed that a scope of works for the kitchen had been approved in March 2023, which included adaptation works to the bathroom. The work would be invasive and require the removal of the kitchen and downstairs toilet. It confirmed that 4 temporary move offers had been made but were declined due to their unsuitability. Additionally, a further damp and mould survey was completed in January 2024. It could not commit to the works being completed within 3 months, as this depended on finding a suitable temporary move.
On 26 February 2024, the resident escalated her complaint, noting that mould had damaged her furniture and that it took the landlord years to ascertain that the kitchen was contributing to the damp and mould property in the property.
On 19 April 2024, the landlord sent a stage 2 response. It said:
1. It identified that the kitchen’s lack of insulation contributed to the damp and mould.
2. Due to the resident’s needs, it was only considering a temporary move into its own stock.
3. Although 1 property intended for a temporary move lacked an upstairs toilet, a solution could have been reached, though it remains unclear if this was discussed.
4. It acknowledged that the resident had been distressed and inconvenienced by the number of repairs and the need for a temporary move and offered £250 compensation.
5. The landlord acknowledged learning from the complaint.
On 2 August 2024 the resident was temporarily moved from the property. She returned to her property on 7 November 2024 as most of the works had been completed. Some small remedial repairs would be completed with the resident in the property.
The resident requested that we investigate her complaint, stating that the process had affected her mental health. She asked us to consider the landlord’s management of the damp and mould and the temporary move process.

Assessment and findings

Scope of investigation

The resident has indicated that she has experienced damp and mould issues since moving into the property in 2019. The landlord does not dispute that the resident has been reporting issues with damp and mould since 2020. The landlord undertook various repairs and mould cleanings, as outlined in paragraph 5 of the report. This context helps clarify the complaint’s background but has not been evaluated as part of our investigation.
Our assessment will concentrate on events from 2023 when the resident raised her concerns, leading to her complaint in January 2024. We have considered events following the landlord’s stage 2 response in April 2024, as the matter was unresolved.
The resident has explained that her mental health has worsened due to the landlord’s handling of the repairs and the temporary move. The courts are better positioned to consider a health-related claim. The resident should seek independent advice if she believes the landlord’s actions have impacted her health. However, we have considered how the landlord has responded and the distress and inconvenience the resident said she experienced.

Policies and procedures

The landlord’s damp and mould policy, introduced in November 2022, states that a surveying appointment will be arranged within 10 working days of reported damp and mould. Minor repairs will be scheduled within 14 days of the survey appointment, while major repairs will be completed within 90 working days.
The landlord’s repairs policy addresses repairs as follows:
1. Emergency repairs – those that threaten tenant health or safety, or the building’s structure. Response within 4 hours; completion within 24 hours.
2. Routine repairs – those that can be delayed without significant discomfort, inconvenience, or harm to the building, completed within 28 days.
3. Planned non-urgent repairs – defects requiring replacement instead of repair, completed within 3 months.
The landlord has referenced a damp and mould investigation conducted in January 2023 and a damp test of the floors carried out in March 2023 in the evidence provided. These assessments are crucial to our investigation, as they likely indicate that the kitchen was inadequately insulated, contributing to the damp and mould issues reported by the resident and relevant to the landlord’s decision to upgrade the kitchen. Although we requested these reports, the landlord has not supplied them. We will address the landlord’s record-keeping further in this report.
In April 2023, an OT assessment recommended modifications to the resident’s downstairs bathroom, including removing a wall for safer access. The landlord agreed to carry out the bathroom alterations alongside the kitchen renovations. This was a reasonable plan aimed at minimising disruption for the resident.
There is a significant gap in progress from April 2023 until the second damp and mould survey completed in January 2024 but we understand the landlord sought appropriate alternative housing before proceeding with any work. However, our Spotlight report on damp and mould indicates that landlords should complete smaller remedial measures, such as mould washes and anti-mould painting, to improve residents’ living conditions while larger repairs are needed. There is no evidence that the landlord implemented these measures in this case, nor did it show that it took into account the impact of the damp and mould on the resident’s mental health. Additionally, it failed to monitor the damp and mould situation while the resident was living in the property which is a failing.
The damp and mould inspection conducted on 8 January 2024 revealed high moisture levels in the kitchen and bathroom and included several recommendations, such as:
1. Stain blocking areas of mould to the bedrooms, kitchen, bathroom and hallways.
2. Cleaning out and replacing trickle vents.
3. Checking gullies for any leaks below ground.
4. Fitting new passive vents to the front bedroom and lounge.
The reason the landlord failed to conduct a damp and mould survey earlier remains unclear, especially considering the time it took to decant the resident from her property. Although we recognise the challenge this presented to the landlord, its temporary solutions for managing the damp and mould were insufficient, which resulted in frustration for the resident and contributed to her complaint in January 2024.
The landlord significantly delayed the completion of the works identified in the January 2024 report. Repairs were conducted between 19 March and 9 April 2024, taking a total of 71 to 92 days. This timeline deviates from the landlord’s stipulated 28-day repair period outlined in its policy. The evidence shows that there was a no-access appointment on 3 April 2024. However, this does not account for the additional delays.
In its stage 2 complaint response, the landlord apologised for the distress caused to the resident and the impact of its failings. However, the landlord did not identify particular failings in its handling of the damp and mould and, therefore, did not confirm how it could improve its service in relation to its response to these issues. The resident faced an additional 7-month delay in the repairs being completed following the conclusion of the complaints process. This does not indicate that the landlord learned sufficiently from the complaint to prevent similar mistakes in the future.
In summary, the resident experienced considerable delays from the landlord in addressing essential repairs, adversely affecting her enjoyment of the property. The issues were identified in March 2023 but remained unresolved for 20 months. The landlord failed to address the repairs swiftly or monitor the moisture levels within the property. As a result, the resident experienced damp and mould issues for a prolonged period. The landlord’s complaint responses do not demonstrate that it adequately considered the resident’s health or the impact she reported the damp and mould was having on her mental health. Therefore, we have found maladministration in the landlord’s handling of the dampness and mould.
We have considered our remedies guidance for maladministration which suggests compensation amounts between £600 and £1000 when there is a significant impact on the resident and the landlord has failed to address the detriment. We have considered that some of the delays to the repairs were outside of the landlord’s control, particularly regarding the availability of suitable temporary properties. This consideration has been reflected in the level of compensation awarded. We have ordered the landlord to pay £600 compensation to acknowledge the distress and inconvenience experienced by the resident over the past 20 months.
The resident has notified us that she received a decoration voucher from the landlord to finish decorating the kitchen and bathroom. Given the resident’s health conditions, it seems unreasonable for her to have to redecorate herself. She informed us that she could not carry out the work and would need to hire someone to complete the decorations. Therefore, we have ordered the landlord to either complete the decoration works or pay the resident reasonable costs to get the decorating works done.

Decant process

The landlord’s decant policy is used when a resident cannot remain in their property while urgent/major repairs are completed. It confirms that:
1. a decant would be used where there are extensive works to multiple rooms
2. consideration given to the personal circumstances and vulnerability of the resident and their household.
3. it will attempt to meet a household’s needs where possible but this may not always be achievable due to the urgency of the decant.
In March 2023, the landlord advised the resident that she would need to temporarily move from the property due to the extensive nature of the works affecting the kitchen and her downstairs bathroom. The landlord acted in accordance with its decant policy where major repairs are required.
In May 2023, the resident asked the landlord to consider completing the repairs while she occupied the property. She proposed using the second reception room as a temporary kitchen. The landlord considered the limited use of the kitchen and bathroom for approximately 10 weeks during the works and confirmed that she could not remain while the repairs were undertaken. This was a reasonable response to minimise disruption and risk for the resident.
The initial property offer for a temporary move was made in November 2023, 8 months after the requirement for a temporary move had been established. Our Spotlight report on damp and mould emphasises the importance of considering temporary moves early, to relieve residents, particularly the vulnerable, from enduring inadequate living conditions for extended periods. We recognise that the resident’s medical needs may have influenced the suitability of available properties, but this delay was excessive.
The decant policy confirms that it will consider holiday homes as potential decant properties. The landlord explained that such properties could not meet the resident’s requirements. Therefore, the landlord looked solely at its stock to temporarily move the resident. This position limited the offers available to the resident. It failed to consider the ongoing exploration of holiday homes or private lets that might have temporarily fulfilled the resident’s needs. As a result, the landlord’s limited offers may have caused the resident to wait longer for a suitable property. Instead of narrowing down options, the landlord should have continued to consider holiday lets, which could have met the resident’s needs.
In March 2024, the landlord reviewed the option of completing works while the resident remained in the property and put forward proposals to the resident. This response was reasonable, considering the ongoing search for a suitable temporary property. The resident chose to continue exploring a temporary move.
Between November 2023 and January 2024, the resident was offered 4 temporary properties, which she refused because they were unsuitable. During the temporary move assessment, the landlord acknowledged that the resident’s needs and adaptations in her current home had not been identified. It should have understood from the beginning what type of property was necessary for her to temporarily move into. The landlord acknowledged that this oversight contributed to the delay in providing a suitable offer.
Although the need to temporarily move the resident was recognised in March 2023, the move did not occur until August 2024—17 months later, which was a significant delay.
In assessing whether there has been service failure or maladministration we consider both the events that led to the complaint and the landlord’s response to those events. The extent to which a landlord has recognised its failures and the appropriateness of any steps taken to offer redress and learn from the complaint can be as relevant as the original failures.
The landlord acted appropriately by identifying failings in communicating with the resident regarding the temporary move and the distress this caused her. The landlord offered £250 compensation for the distress and inconvenience caused. The landlord identified learning and confirmed steps it had taken or would take to improve its handling of temporary moves in the future. Therefore, the landlord offered reasonable redress in its handling of the decant process.

Record keeping

Our Spotlight report on complaints about repairs states that ‘it is vital landlords keep clear, accurate and easily accessible records to provide an audit trail’ and provides the landlord with a history of repairs.
Our Spotlight report on Knowledge and Information Management (KIM) states that ‘the failings to create and record information accurately results in landlords not taking appropriate and timely action, missing opportunities to identify actions were wrong or inadequate, and contributing to inadequate communication and redress.’
We have identified that several inspection reports relating to the damp and mould are missing, specifically:
1. The damp and mould inspection from January 2023.
2. The inspection into the damp in the floors in March 2023.
The lack of these reports has hindered our investigation in establishing an accurate timeline of events, including when the lack of insulation in the kitchen was identified. As such, we have found a service failing by the landlord in its record-keeping and an order has been made.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in relation to the landlord’s handling of the resident’s reports of damp and mould.
In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress offered in the landlord’s handling of the resident’s temporary move.
In accordance with paragraph 52 of the Housing Ombudsman Scheme there was service failure in relation to the landlord’s record-keeping.

Orders

Within 4 weeks of the date of this report, the landlord is ordered to:
1. Apologise to the resident in writing for the failings identified in this report.
2. Pay the resident £600 for the distress and inconvenience caused by its handling of the damp and mould.
3. The compensation should be paid directly to the resident.
4. Contact the resident, and with her agreement, confirm whether to decorate the kitchen and bathroom or to reimburse her for reasonable costs to complete the work herself.
Within 8 weeks of the date of this report, the landlord is ordered to produce a report setting out:
1. The findings and learning from this case.
2. What steps has it taken or will take to ensure that it responds to reports of damp and mould in line with its policy.
3. How it will reflect the issue’s urgency and consider vulnerabilities in the household.
4. Whether it needs to implement a training plan for staff on responding to reports of damp and mould and the importance of maintaining accurate records.
5. The landlord must provide a copy of its report to us, within 8 weeks.

Recommendations

If the landlord has not already done so, pay the resident £250 within 4 weeks as offered at stage 2.
The landlord should update us within 4 weeks of its intention regarding the recommendations.