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GreenSquareAccord Limited (202343708)

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REPORT

COMPLAINT 202343708

GreenSquareAccord Limited

30 September 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 about the landlord’s handling of the resident’s reports of damp, mould and a foul smelling odour persisting in the property.

Background

  1. The residents are assured tenants of the landlord. The tenancy started on 20 November 2023. The property is a 2 bedroom bungalow. Both residents have vulnerabilities including autistic spectrum disorder and multiple health conditions.
  2. On 28 December 2023 the residents complained to the landlord. In addition to reporting repair issues, they mentioned a foul odour of toilet waste emanating from the bathroom. They also said the lower external brickwork at the property was growing moss and getting soaking wet when it rained.
  3. On 4 January 2024 the residents emailed the landlord stating they had reported damp and mould but no action had been taken. They mentioned a “putrid” smell owing to the damp and mould and a separate smell coming from the bathroom.
  4. Later in January, the landlord’s surveyor attended to inspect the property for damp and mould. On 10 and 24 January 2024 it applied mould wash and stain blocker to the door, wall and boiler flue. The residents continued to report the smell and concerns about damp and mould to the landlord, particularly under the carpets.
  5. On 5 April 2024 the landlord carried out another damp inspection at the property. It was noted that there were no visible signs of damp anywhere and the operative stated that he asked the residents to show them the issue but they were unable to do so.
  6. On 9 April 2024 the residents contacted us. They said the landlord’s surveyor had attended 3 times but failed to identify a smell. They said their carpets had been ruined by black and brown stains in every room, the situation was making them both very poorly and unable to eat properly. They said their clothes and furniture had been completely ruined and they wanted an independent surveyor to complete a damp and mould inspection.
  7. We asked the landlord to provide a stage 1 complaint response to the resident and it did so on 19 April 2024. Regarding the damp, mould and odour, the landlord said it had attended twice to undertake mould washes in January 2024 and in April carried out another survey which did not find any evidence of damp, mould, or a smell in the property. It did not uphold that element of the complaint.
  8. On 7 May 2024 the landlord undertook a survey of the drains at the property and found no issues. On 3, 9 and 10 May 2024 the residents emailed the landlord stating their dissatisfaction with the outcome of the stage 1 investigation. They said the surveyors who attended had been rude, obnoxious and intimidating and blamed the residents for issues in the property. They said all the works undertaken so far had failed to eradicate the smell. They said there were small cracks in the concrete floor throughout the property causing mould which was the source of the smell.
  9. The landlord issued a stage 2 complaint response on 28 May 2024. It said:
    1. The residents had not reported an issue with the carpet during the survey on 10 January 2024.
    2. The surveyor attended on 5 April 2024 and could not find any issues with a smell or damp. They noted the carpet was not wet at the time of the visit.
    3. A surveyor attended on 22 April 2024 and did not report an issue with the carpet or unpleasant smells.
    4. The only outstanding repair which could be causing damp issues or a smell was the roof, which had been arranged for 4 June 2024.
    5. An operative attended on 3 May 2024 and checked the bedroom and living room and did not find any issues with a smell, damp or leaks. They also inspected the shower drain and found no required repairs or smell.
    6. It had not received any prior reports of hairline cracks in the concrete flooring and advised the residents to call or email the landlord to raise the relevant works for this to be investigated.
    7. It did not uphold the complaint.
  10. On 29 July 2024 the landlord noted it had attended the property with an operative from housing standards. It said it was agreed with housing standards that there was no damp on the lounge floor, apart from by the back door and it had raised an order for a storm guard to be fitted. It said there were swirl marks in the floor but that was just spray glue marks. A damp reading was taken in the hallway cupboard and bedrooms, with only slightly raised moisture levels on skirting board levels.
  11. The residents brought their complaint to us via a representative. They remain dissatisfied with the outcome of their complaint, stating that the smell in the property remains unresolved and there is still mould in the property. They want the landlord to resolve the issues, including to instruct an independent damp and mould surveyor.

Assessment and findings

Scope

  1. The landlord’s internal complaints procedure investigated and responded to several issues. However, the resident’s representative has subsequently confirmed to our Service that they only consider the issue defined above to be outstanding and that the other issues of the complaint have been resolved. Accordingly, this investigation has focussed on and assessed the circumstances of the one issue that remains outstanding.
  2. Part of the residents’ complaint is that their health has been exacerbated by the presence of damp and mould in the property. We acknowledge the concerns and distress this would have caused. However, this would be more appropriately considered by a court, where liability can be established. We have not sought to establish liability in this case but have considered the way in which the landlord responded to their health concerns.

Assessment

  1. Damp and mould are potential health hazards to either be avoided or minimised in line with the Government’s Housing Health and Safety Rating System (HHSRS). The Ombudsman’s spotlight report on damp and mould says that the landlord should take all reasonable steps to help in cases where structural interventions are not appropriate.
  2. The landlord’s damp, mould and condensation policy says that it will undertake effective inspections and implement all reasonable remedial repair solutions and improvements to eradicate damp. Its response time for routine reports of damp and mould is 28 days.
  3. The residents complained on 28 December and 4 January 2024, reporting a foul smell coming from the bathroom in addition to reporting damp and mould. The landlord responded appropriately by attending on 10 January 2024 and completing a mould wash and stain blocker to affected areas on 24 January 2024 which was in line with its repairs policy.
  4. The residents continued to report the smell and concerns about damp and mould to the landlord, particularly under the carpets. On 27 March 2024 the residents submitted a web complaint form to us, reporting the smell and cracks in concrete floors throughout the property. On 5 April 2024 the landlord carried out another damp inspection at the property. It noted no visible signs of damp anywhere and the operative stated he asked the residents to show them the issue but the residents were unable to do so. This again was in line with the landlord’s policy and showed it was taking the residents’ concerns seriously.
  5. The residents contacted us again on 9 April 2024 expressing their concerns about the situation and the impact it was having on their health. In response to our contact, the landlord responded at stage 1 of its complaints process on 19 April 2024.
  6. Regarding the damp, mould and odour, the landlord said it had attended twice to undertake mould washes in January 2024 and in April carried out another survey which did not find any evidence of damp, mould, or a smell in the property. It did not uphold that element of the complaint, but said it would carry out another survey inspection on 22 April 2024 to identify if there were any remaining repairs outstanding and to further assess the situation regarding damp, mould and smells. It was appropriate for the landlord to offer another survey in order to try and address the resident’s ongoing damp and mould concerns.
  7. On 9 May 2024, the resident confirmed the landlord had attended on 22 April 2024 and raised repair works to the bathroom and front bedroom. In the stage 2 complaint response dated 28 May 2024, the landlord said the surveyor did not report issues with the carpet or any unpleasant smells, but arranged works to the kitchen, bathroom and gullies, which was carried out on 12 May 2024. It said the only outstanding repair which could be causing any damp issues or a smell was the roof, which was arranged for 4 June 2024. This shows the landlord was being proactive in arranging other repairs which it felt may have been causing the smell the residents reported.
  8. The response said the landlord had not received any prior reports of hairline cracks in the concrete flooring and the resident should contact them to raise the relevant works. The resident had mentioned the cracks in an email to the landlord on at least one occasion, on 10 May 2024. Given the resident’s vulnerabilities and the nature of the complaint, it would have been reasonable for the landlord to be proactive in contacting the resident itself in order to discuss the cracks and this was a shortcoming.
  9. On 7 May 2024 the landlord carried out a drain survey at the property, which found no issues. It was appropriate for the landlord to carry out a drain survey to rule this out as a possible source of the smell.
  10. On 26 June 2024 the landlord raised a job for another survey of the property, specifically the living room floor where the residents had reported mould. On 17 July 2024 a damp and mould survey was completed. It noted the carpet in the hallway store cupboard was wet with possible water coming from the bathroom. It noted the lounge floor under the carpet showed some stain/veins. It said the drain by the rear door should be checked and the toilet leak should be rectified.
  11. On 25 July 2024 the landlord inspected the property alongside an operative from housing standards. They checked the floor in the living room. They said the substance underneath the carpet was tacky and glue-like. They found the floor by the back door was a little damp where water as leaking through. It said they did not smell any damp smell during the visit which the housing standards operative could also confirm.
  12.  On 29 July 2024 an internal email confirmed the landlord had raised works to investigate a leak from the toilet and to replace the storm guard to the rear door, where damp had been found. It said it had concluded the marks on the floor under the carpet were spray glue marks. It said there were slightly raised moisture levels to the skirting board but it was felt the storm guard would resolve this. Again this shows the landlord took appropriate action by inspecting the property and planning further works to try and resolve the issue. This service has not seen evidence these works were completed and it is recommended the landlord complete these as soon as possible, if it has not done so already.
  13. On 26 October 2024 the residents’ representative emailed us photographs appearing to show mould growth in the bathroom. It was unclear whether this had been reported to the landlord. The landlord needs to have an opportunity to respond before we could assess this. Ultimately, the landlord did what it agreed to do up until the end of the complaints process on 28 May 2024. Since then, it has carried out further inspections and works so we are satisfied the landlord has taken appropriate action. Recommendations are made for the landlord to attend to complete any outstanding works.
  14. Overall there was no maladministration by the landlord in its handling of the resident’s reports of damp, mould and a smell at the property. It attended each reported issue and carried out several mould surveys. It carried out repair work to the bathroom and roof and inspected the drains at the property in order to try and resolve the smell. The only instance where the landlord could have been more proactive was during the stage 2 complaint response where it could have arranged for someone to inspect the resident’s reports of cracks to the floor, but it later did attend to inspect this and found it to be glue spray marks.
  15. Despite the landlord’s interventions, the residents and their representative continue to report a smell in the property. The residents remain deeply impacted by this and have mentioned that they do not trust that the landlord has done everything it could do identify and resolve the issue. There is also some evidence to suggest damp and mould may be an ongoing problem in the  email dated 26 October 2023. We hope that this report reassures the residents that the landlord has acted appropriately in its investigations into the problem so far. While we cannot order the landlord to complete a further investigation, it has been recommended that the landlord considers instructing an independent survey of the property in order to reassure the resident and maintain trust in the relationship.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was no maladministration by the landlord in its handling of the resident’s reports of damp, mould and a foul smelling odour persisting in the property.

Recommendations

  1. It is recommended the landlord attend to install the storm guard and to fix the toilet leak as soon as possible, if it has not done so already. It should also contact the residents to inspect the bathroom in light of the photographs the residents’ representative submitted to us on 26 October 2023.
  2. It is recommended the landlord considers instructing an independent damp and mould survey on the property. The landlord should inform the residents and us of its intentions regarding this recommendation.