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GreenSquareAccord Limited (202334343)

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REPORT

COMPLAINT 202334343

GreenSquareAccord Limited

4 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 a about the landlord’s handling of:
    1. The resident’s reports of damp and mould.
    2. The resident’s complaints.

Background

  1. The resident lives in the property, owned by the landlord, under an assured tenancy. The property is a 1-bedroom maisonette and the resident has lived there with her partner since July 2020. The resident has asthma and the landlord has been aware of this since October 2020.
  2. The resident reported mould to the landlord in October 2020 and repairs were carried out during 2020 and 2021 whilst the resident was decanted. In December 2022 the resident contacted the landlord to report that damp and mould had returned and was getting worse.
  3. The resident raised a complaint on 5 January 2023 as she was unhappy she had not received updates about repairs. The landlord sent its stage 1 response on 26 January, in which it apologised for delays and said that it was experiencing resourcing difficulties.
  4. The landlord carried out a survey on 20 February 2023 and raised orders to carry out work, including an intrusive investigation of the cavity wall insulation. The resident raised a further complaint in October 2023 as she was unhappy with progress of the repairs.
  5. The landlord sent its stage 1 response on 12 January 2024, in which it said:
    1. It attended on 20 February 2023 and found inadequate extractor fans and suspected there was an issue with the cavity wall. A mould wash and paint was carried out on 14 March and extractor fans were upgraded on 5 May.
    2. It inspected the cavity wall on 20 June, but was unable to check the loft space as it needed access from a neighbour’s property who was not in.
    3. On 29 September it carried out further investigations and found that there was insulation missing, which it added at this time.
    4. It would arrange for a further inspection to be carried out. It offered £350 compensation – £200 for the delay in carrying out repairs and £150 for poor communication.
  6. The resident replied the same day asking for the complaint to be escalated as she said the compensation offered did not cover her losses. The landlord sent its stage 2 response on 9 February 2024, in which it offered additional compensation of £3,350 (£3,700 including its stage 1 offer), broken down as follows:
    1. £500 for the time taken to resolve damp and mould (£700 including its stage 1 offer).
    2. £1,000 for distress, frustration and inconvenience.
    3. £850 for damaged belongings.
    4. £300 for poor communication (£450 including its stage 1 offer).
    5. £150 reimbursement for dehumidifiers.
    6. £350 towards the running cost of dehumidifiers.
    7. £200 for the delay in its handling of the stage 2 complaint.
  7. On 15 April 2024 the resident raised a further complaint as she had not received updates from the landlord about ongoing repairs. The landlord sent its stage 1 response in which it said that it had raised a new job to investigate the cavity wall insulation. It offered £150 compensation – £100 for the lack of communication and £50 for the delayed complaint response.
  8. The landlord sent a stage 2 response on 8 July 2024, in which it said that its contractor had confirmed that further investigation was needed and an update would be provided by 22 July. It offered additional compensation of £465 (£615 including its stage 1 offer), broken down as follows:
    1. £25 for poor communication post stage 1.
    2. £140 for delays in completing work and updating the resident on follow on work.
    3. £200 for impact, distress and inconvenience.
    4. £100 for time and trouble.
  9. On 14 August 2024 the resident asked this Service to investigate as the damp and mould had not been resolved.

Assessment and findings

Scope of the investigation

  1. The resident has raised concerns about her family’s health and the impact on this by the issues raised. Whilst this service is an alternative to the courts, it is unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health. Nor can it calculate or award damages. The Ombudsman is therefore unable to consider the personal injury aspect of the resident’s complaint. These matters are likely better suited to consideration by a court or via a personal injury claim. While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident may have experienced because of any service failure by the landlord.
  2. The resident raised an earlier complaint with the landlord about damp and mould in 2021. The resident did not escalate this complaint at that time, and it was more than 12 months after the landlord’s response of 12 March 2021 before she raised the current damp and mould issues. So this investigation has primarily focused on the events leading up to the resident raising a complaint in January 2023. However, earlier issues have been referred to for context.

Damp and mould

  1. The landlord has a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property. The landlord has a responsibility under the Housing Health and Safety Rating System (HHSRS) introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
  2. The landlord’s repairs policy says that it will complete emergency repairs within 24 hours and non–emergency/routine repairs within 28 calendar days. It has told this Service that it would not decant residents unless it was made aware of a health condition where the condition of the property would heighten the potential risk to a resident.
  3. The resident first raised issues with the landlord about mould in October 2020, several months after moving in. She made it aware that she had asthma and the mould was becoming a health hazard. The landlord decanted the resident in December 2020 to carry out repairs and she moved back into the property in October 2021.
  4. The resident contacted the landlord in December 2022 to say that the mould had returned and it was getting worse. She said she was using the extractor fans as she had been directed, as well as using dehumidifiers, but the damp would not go.
  5. On 5 January 2023 the resident raised a complaint as she was unhappy she had not received any update about repairs. In its stage 1 response of 26 January the landlord apologised for the delay. However, this Service has seen no evidence that the landlord considered what it already knew about the resident’s health. It has not shown evidence that it carried out a risk assessment, which was inappropriate.
  6. A survey was carried out at the property on 20 February 2023. This reported that the extractor fans were inadequate and it was suspected that there was an issue with cavity wall insulation. The survey found that plasterboard was wet and humidity was high. On 14 March the landlord carried out a mould wash and painted with anti-mould paint. It upgraded the extractor fans on 5 May.
  7. On 20 June 2023 the cavity wall was inspected. Mould was noted as present on the ceiling above the window, however the landlord was unable to check the loft space at that time as the neighbour was not in to allow access. At this time there is still no evidence that the landlord carried out a risk assessment, despite mould being present. It failed to demonstrate that it took its obligations under the HHSRS seriously.
  8. The landlord did not revisit to carry out further investigation into the cavity wall until 29 September, which represented an unreasonable delay. At this time it was found that there was some insulation missing. This gap was filled with insulation and the bricks re-bedded.
  9. The resident contacted the landlord on 13 October 2023 as she was unhappy that there was still damp and mould in the property. As she did not get a resolution she asked the landlord to raise a formal complaint on 27 October. The landlord’s records show that a mould wash was carried out 31 October. However, there was no further contact from the landlord until 11 December, when it acknowledged her complaint, which represented a further unreasonable delay.
  10. The landlord raised a job on 3 January 2024 for a damp and mould inspection to be carried out. In its stage 1 complaint response of 12 January it said that it was still looking to book this inspection. The stage 2 response of 9 February confirmed that the inspection went ahead on 29 January. It found that there was evidence of a leak as well as damp and mould. It recommended that a thermal imaging camera survey of the whole property be carried out.
  11. The resident was unhappy as she felt the landlord was not keeping her updated with progress and raised a further complaint on 15 April 2024. A damp and insulation inspection was carried out on 3 May which found that the cavity wall insulation had absorbed moisture and needed further inspection. The landlord sent its stage 1 response on the same day, and said that a new job had been raised to inspect the cavity wall insulation. A survey was carried out on 5 July which found that the insulation appeared to have been re-blown and was not installed correctly. It found that construction was not correct which was leading to condensation.
  12. The landlord sent its stage 2 response on 8 July 2024 in which it said further investigation was still required to get to the bottom of the problem. It said it was liaising with a contractor and would update her by no later than 22 July. This Service has seen no evidence that it updated the resident, and she contacted this Service on 14 August to ask for our help. In a phone call prior to investigation she told this Service that the damp and mould issues are still not resolved. She said that she has to keep all of her belongings in plastic boxes to try to keep the mould away. She also said that at a recent yearly asthma review her doctor said the living conditions are worsening her condition.
  13. The landlord has told this Service that it encourages residents to have their own contents insurance. It said that under its compensation policy it can only assess claims for damages to personal belongings when damage has been caused by a service failure on its part. Despite it having acknowledged failings in its complaint responses, this Service has seen no evidence it has provided the resident with its insurer’s details in order for her to make a claim, which it should have done.
  14. The Ombudsman considers there to have been severe maladministration by the landlord in its handling of the resident’s reports of damp and mould. There were significant delays in it carrying out investigations each time the resident contacted it. It first identified a potential issue with the cavity wall insulation in February 2023. Despite carrying out several inspections of this insulation and identifying a number of different problems, it has failed to carry out lasting repairs.
  15. The landlord recognised in its complaint responses that there were failings, and it offered the resident compensation to attempt to put matters right. However, it has failed to demonstrate that it has taken on board any learnings as it has not rectified underlying problems, almost 2 years after the resident reported the damp and mould. The resident has continued to live in damp and mouldy conditions throughout this period. The landlord also failed to consider the resident’s health conditions in line with its decant policy.
  16. Orders have been made for the landlord to:
    1. Pay the resident further compensation of £1,000 to recognise its ongoing failure to rectify the damp and mould issue. This amount is to reflect the distress and inconvenience caused to the resident by the significant delay in lasting repairs being carried out. This brings the total compensation for this issue to £5,065.
    2. Provide the resident with its insurer’s details and information on how she can make a claim for her damaged belongings.
    3. Carry out a risk assessment in line with its decant policy.
    4. Carry out inspections and ascertain what work needs to be carried out.
    5. Carry out a case review.

Complaint handling

  1. Landlords must have an effective complaint process to provide a good service to their residents. An effective complaint process means landlords can fix problems quickly, learn from their mistakes and build good relationships with residents.
  2. The landlord’s complaints policy at the time the first 2 complaints were raised had a three step process. At step 1 it would try to resolve the complaint informally within 48 hours. If this was not successful it would log the complaint formally and issue a stage 1 response within 10 working days. If the resident requested escalation, the policy said the landlord would issue a stage 2 response within 10 working days.
  3. The landlord’s current complaints policy, in place when the resident raised her third complaint, says that it will acknowledge a complaint within 5 working days and send a response within 10 working days of acknowledging it. At stage 2 it says it will acknowledge the escalation within 5 working days and respond within 20 working days of acknowledging the escalation.
  4. The resident raised her first complaint on 5 January 2023. The landlord acknowledged this the next day and said it would respond by 20 January. It did not respond until 26 January and did not provide the resident with an update about the delay. However, in its response it did apologise for the delay and said it was experiencing resourcing difficulties. This Service has seen no evidence the resident asked for this complaint to be escalated.
  5. The resident raised the second complaint on 13 October 2023. As she had received no informal step 1 resolution on 27 October she asked for the landlord to raise the complaint formally. The landlord did not raise the complaint until 5 December and acknowledged it on 11 December. It said it had reduced capacity so it may take up to 20 days to respond. It sent its stage 1 response on 12 January 2024, almost 3 months after it was raised. This was not in line with its policy and represented an unreasonable delay. At this stage the landlord did not acknowledge its delay in logging the complaint.
  6. The resident requested escalation of this complaint the same day and the landlord acknowledged this immediately and said it would respond by 9 February 2024. It issued its response on this date and acknowledged the delay at stage 1, offering £200 compensation, which was a reasonable offer of redress to recognise its failings.
  7. The resident raised her third complaint on 15 April 2024. On 22 April the landlord told her it would need to extend the timeframe slightly to 3 May 2024. The Ombudsman’s complaint handling code allows for landlords to extend their response time by up to 10 days as long as they keep the resident updated. It sent its stage 1 response on 3 May, in line with the extended timeframe. It also offered £50 compensation for having to extend the timeframe, which was reasonable.
  8. The landlord escalated the resident’s complaint on 10 June 2024, as she had needed to chase for updates several times. It sent its stage 2 response on 8 July, which was within its policy timescale.
  9. When there are acknowledged failings by a landlord, as is the case here, the Ombudsman will consider whether the redress offered by the landlord put things right and resolved this issue satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress, which included an apology, and an offer of compensation was in line with the Ombudsman’s dispute resolution principles.
  10. Whilst there were delays in the landlord’s complaint handling, it has acknowledged this in its complaint responses. The Ombudsman is of the view that the compensation offered by the landlord for failures during its internal complaints process was proportionate to the distress and inconvenience caused, and in line with this Service’s remedies guidance and was therefore reasonable.
  11. Taking all matters into account the Ombudsman finds reasonable redress in relation to the landlord’s handling of the resident’s complaints.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was severe maladministration by the landlord in relation to its handling of the resident’s reports of damp and mould.
  2. In accordance with paragraph 53(b) of the Scheme, there was reasonable redress by the landlord in relation to its handling of the resident’s complaint.

Orders

  1. By 3 January 2025, the landlord to carry out the following actions and provide evidence to this Service that it has done so:
    1. Pay the resident total compensation of £5,065 in relation to the damp and mould issues, less any amount already paid during its internal complaints process.
    2. A director at the landlord to provide the resident with a written apology.
    3. A senior manager at the landlord to be appointed the resident’s point of contact until the damp and mould issues have been resolved.
    4. Provide the resident with its insurer’s details and information on how she can make a claim for her damaged belongings.
    5. Carry out a risk assessment in line with its decants policy. If the landlord does not believe a decant is necessary, it should provide the resident and this Service with a detailed explanation.
  2. Within 8 weeks of this report the landlord to:
    1. Carry out a full damp and mould inspection and inspection of the cavity walls. The landlord should provide a copy of this report to the resident and this Service.
    2. Provide the resident and this Service with a schedule of works, including a timetable for the completion of the works.
    3. Review the specifics of this repair case to ascertain learning from the delays in resolving the remedial repair and how it could act to prevent such delays occurring again. Evidence should be sent to the Ombudsman to demonstrate its findings and proposed actions.

Recommendations

  1. The landlord to pay the resident compensation of £250 for its complaint handling offered during its internal complaints processes, if this has not already been paid.