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GreenSquareAccord Limited (202403559)

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REPORT

COMPLAINT 202403559

GreenSquareAccord Limited

21 January 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. This complaint is about:
    1. The landlord’s response to the resident’s reports of damp and mould at the property.
    2. The landlord’s replacement of storage heaters.
    3. The landlord’s handling of repairs to windows.

Background

  1. The resident is an assured shorthold tenant of the landlord under a starter tenancy that commenced on 19 January 2021. The property is a twobedroom ground floor flat which the resident occupies with her partner and young son.
  2. The landlord has several medical vulnerabilities recorded for the resident. Her son suffers from respiratory health problems of which the landlord is aware.
  3. As mentioned below, the Ombudsman is unable to consider historic events as part of this investigation. However, the history of repair and complaints has been taken into account by way of context and background, and a brief summary of relevant matters is provided below:
    1. Damp and mould: The landlord’s records provided to this Service indicate that the resident first reported damp and mould in the living room of the property on 2 January 2022. She made further reports thereafter of mould in the living room, bedroom and kitchen. The landlord’s surveyor attended on 14 March 2022 and concluded the problem was caused by rubble resting against the exterior wall and impacting the damp proof course. There was a delay in the landlord carrying out works to address the problem. A mould wash was carried out on 5 December 2022 which did not resolve the issue.  
    2. A second visit by the landlord’s surveyor on 19 December 2022 identified a potential problem with the cavity wall insulation. The landlord arranged a survey by specialist contractors for 23 February 2023.
    3. The resident brought a complaint on 3 February 2023 regarding the speed of progress of the works over this period. She felt the damp and mould was affecting the health of her son and was supported by a letter from her GP who advised that the recurrent infections and cough could be related to mould spores. She requested a transfer to a different property.
    4. In its complaint response dated 16 February 2023, the landlord referred to the forthcoming visit by its specialist contractors and explained that they would insert a camera into the cavity wall and, if the issue was with the contents, would ensure that it was filled correctly. It partially upheld the complaint because of its lack of communication with the resident. It advised her that the property was safe to live in and on that basis it would not relocate her. It awarded compensation for damage to her possessions caused by the mould and its lack of communication.
    5. The landlord’s specialist contractors issued a report following their visit which recommended extraction and replacement of cavity wall insulation and the resetting of the roof verge above the gable wall which was in poor condition. Cavity wall insulation works were carried out in the week beginning 2 May 2023. The works to the roof verge were not carried out as the landlord’s surveyor did not consider this necessary at this stage.
    6. Storage heaters: At some point prior to 17 July 2023, the resident was informed that the three storage heaters in the property would be replaced, although this is not recorded on the landlord’s repair records provided to this Service. On 17 July 2023, the landlord attended the property to fix one of the storage heaters in the living room and was informed of this by the resident. The landlord’s operative raised an internal query regarding the replacement of the three heaters. He also reported that the living room storage heater was beyond economical repair and recommended that it be replaced.
    7. There was a delay in the landlord taking any action in respect of the replacement of the heaters, causing the resident to send chasers.
    8. On 11 August 2023 the resident raised a complaint regarding the delay. In its complaint response dated 3 October 2023, the landlord upheld the complaint because of the delay in its service and awarded compensation for this. It reassured the resident that a job had been raised to replace the storage heaters. It noted from its repair records that the faulty heater in the living room was replaced on 25 September 2023.
    9. It is understood that as part of its resolution of this complaint, the landlord arranged for all windows in the property to be inspected to ensure the resident was not losing heat through them. The inspection was carried out on 25 October 2023. The surveyor found no evidence of draught or cold air coming in through the windows. He noted that patio doors to the bedroom and lounge window had been replaced at some time and that the other windows were dated and would require replacement in the future. They were in full working order at the time of the survey.
  4. Following the landlord’s responses to the resident’s complaints, she continued to experience problems with the property condition which she reported to the landlord.
  5. On 11 December 2023 the resident reported a leaking window in the dining room. The landlord repaired this on 18 December 2023.
  6. On 26 December 2023, the resident sent an email to the landlord complaining that she was still having issues with mould and damp in the property; her son’s bedroom smelt of damp and mould spores had come back. She reported that her son could no longer sleep in his room as he coughed until he was sick; and that there was mould in the living room wall and floor which had caused the new carpet to be damp. The landlord did not respond to this email at the time.
  7. In a subsequent message on 28 December 2023, the resident complained that all of the storage heaters should have been replaced. She also stated that she had been informed by the surveyor at his visit that her windows needed replacing and that she would hear about them being booked in but she had not.
  8. The landlord responded on the same day. It advised the resident that, based on its surveyor’s notes, the windows would be changed at some point in the future as they were dated but they were in working order. The resident was informed that it would contact her when the windows were ready to be done.
  9. On 24 January 2024, an Energy Assessor attended the property and made a further request to the landlord for a heating upgrade.
  10. On 30 January 2024, the resident asked for an update on her complaint of 26 December 2023, which she resent. She also advised in an email of 2 February 2024 that the mould in her son’s room had spread and damaged her son’s clothes, bed and carpet.
  11. The landlord acknowledged the complaint on 2 February 2024 and promised a response by 1 March 2024.The landlord discussed the complaint with the resident on 21 February 2024 and provided a Stage 1 response on 23 February 2024 as below:
    1. The landlord summarised that the complaint was about ongoing issues relating to the windows and heating in the property and the damage caused to her personal belongings by damp and mould.
    2. In respect of the windows, the response referred to the surveyor’s findings on the inspection of windows which had taken place on 25 October 2023 and which had been reported to the resident in response to her enquiry on 28 December 2023. It stated that the windows were working as expected and that complete replacement was not something which would happen in the immediate future but could potentially be considered in the new financial year.
    3. It recorded that the resident had reported a leak to the dining room window on 11 December 2023 which had been fixed on 18 December 2023.
    4. In respect of the replacement of the storage heaters, the landlord noted that the resident had contacted it a number of times for an update and had not received a call-back. It apologised for the poor communication. It stated that its contractors would carry out a survey on 23 February 2024 and would book in a date to fit the heaters at that visit.
    5. The landlord offered compensation of £1,566.71 in respect of the personal items belonging to the resident which had been damaged by damp and mould. 
    6. The landlord upheld the complaint due to the length of time taken to replace the storage heaters, its poor communication and the inconvenience the delays had caused. By way of redress for its service failures, it offered an apology and £550 as a goodwill payment which was broken down as £250 for the length of time taken to replace the storage heaters, £100 for its poor communication, and £200 for the distress and inconvenience the delays had caused.
  12. In email exchanges between 12 March 2024 and 20 March 2024, the resident confirmed to the landlord that she wanted the complaint escalated. She explained that it was not money that she wanted but for the damp and mould to be resolved properly. She identified further items which had been damaged by mould recently, including a dresser of sentimental value.
  13. The landlord acknowledged the request for escalation on 21 March 2024 and promised a response by 22 April 2024.
  14. On 28 March 2024, the resident reported that her dining room window was leaking onto the floor. The landlord attended the property on 4 April 2024 and noted that new lintels had been fitted to the window but cavity trays had not been put in. The landlord raised a job for works to correct this.
  15. On 10 April 2024, the resident sent a letter to the landlord which it considered as part of the complaint. Among other things, the resident stated that her situation had not improved in the three years since she first complained; this was causing health problems for her and her household; and her son could not sleep in his bedroom due to the damp and mould. She noted that the landlord was due to attend on 22 April 2024 to mould wash the wall but that this had been done before and not resolved the situation as the root cause was not being addressed. She also stated that the landlord had identified a problem with the dining room window on 4 April 2024 but she had not been contacted about the repair as the job had been labelled as complete. She asked to rejoin the housing register and move to an alternative property.
  16. On 16 April 2024, the resident’s GP wrote to the landlord explaining that her son had very bad asthma and recurrent chest infections which could be attributed to the mould problem. The letter stated that the resident was keen to move and, if there was no way that the mould could be treated, asked that their re-housing be expedited.
  17. The landlord provided its Stage 2 response on 22 April 2024 in which it upheld the outcome of the Stage 1 response. The landlord addressed the issues raised by the resident in her emails requesting escalation:
    1. With regard to the damp and mould, the landlord noted that several orders had been raised to address this and that the installation of new cavity wall insulation in May 2023 had not resolved the problem as it expected.
    2. The landlord agreed with the resident that it needed to address the cause of the problem. It explained it had arranged for its surveyor to visit the property on 1 May 2024 to investigate and establish what further works needed to be done. It advised that its surveyor may need to engage a specialist contractor to carry out a survey.
    3. It stated it had also made a referral to its Healthy Homes team which specialised in offering advice on how to prevent and manage damp and mould issues. The team co-ordinator would contact the resident by 26 April 2024 to arrange a convenient time to visit.
    4. With regard to the storage heaters, it noted that, following the contractor’s survey visit on 23 February 2024, these had been replaced on 5 March 2024.
    5. The landlord accepted that it had failed to arrange the works required to the dining room window following its visit on 4 April 2024 and instead had incorrectly closed the case. It apologised for this. It explained that the surveyor attending on 1 May 2024 would inspect the overall condition of the windows and determine whether their condition was a contributory factor to the damp and mould and would also ensure that the correct order was raised for the works to the dining room window.
    6. With regard to the resident’s request to be moved, the landlord confirmed that the resident was not on the list for a management move. It explained that when its properties became vacant most were let through local authority nominations and it had limited options available to offer internal moves to existing residents. It was only able to do this if there was an immediate danger to life from domestic violence, for example.
    7. It signposted the resident to the local authority which could advise if she qualified to join the housing register to bid for properties which became available across all social housing providers.
    8. The landlord apologised for its service failures. It offered additional  compensation of £900 broken down as £250 to say sorry for the further delay in addressing the damp and mould issues in the resident’s home, £250 for the further distress and inconvenience caused because of the delay, £250 for damaged items which the resident was unable to remove the mould from and for the cost of disposing these items, £100 towards the cost of repairing the damage caused to her dresser, and £50 for incorrectly closing the order to carry out works to the dining room window.
    9. The landlord acknowledged that a full resolution of the complaint was dependent on the completion of the repair to the dining room window (based on the outcome of the surveyor’s inspection), the inspection identifying a permanent solution to the damp and mould issues, and it carrying out the remedial work identified as necessary from the inspection. It stated that progress and completion of all agreed actions would be monitored by its customer care team to ensure its service delivery promises were kept.
  18. On 23 April 2024, the resident referred her complaint to this Service. She complained about the landlord’s responses to repairs and the damp and mould in the property. She explained that the damp and mould was affecting her and her son’s health and she wanted to be allowed to move properties. 

Events post-complaint

  1. The landlord’s surveyor attended the property as arranged on 1 May 2024 and conducted a damp and mould inspection and property condition survey. His findings were set out in a report of the same date:
    1. There was no evidence of mould on the external walls where it had previously been a problem, other than in window reveals and the silicone around the patio door and bathroom window.
    2. Tests with a moisture meter at skirting level found no sign of water ingress indicating that there was no rising damp at the property.
    3. The internal walls all showed a consistent surface temperature between 16.9 and 21 degrees at high level, indicating that the work to replace the cavity wall insulation had been successful.
    4. It noted that a surveyor from the local council had recorded humidity readings of 70% and had supplied a de-humidifier to the resident. The humidity reading on the day was 55% indicating that less moisture was in the air.
    5. The report concluded that the work carried out by the landlord had cleared the main areas of mould and there was no sign of return to those areas. The surveyor stated that the flat was habitable and he would not be making a referral to move the resident.
    6. The surveyor raised a number of other works: to remove the mould to window reveals and frames; to change or overhaul the kitchen and bathroom fans; and to repair the external dining room window cill which was damaged. He also recommended that the old metal windows in the property be replaced and completed the paperwork for this.
  2. The landlord’s records indicate that the works raised by the surveyor as a result of this inspection and the outstanding works to the dining room window lintel were completed by 17 June 2024.
  3. The landlord visited the property on 1 July 2024 for the Healthy Homes visit and reported back to its surveyor that there was continued damp and mould at the property. The landlord raised questions with its surveyor as to whether any other remedial works could be carried out to improve this.
  4. It is noted that the landlord subsequently took further steps to investigate and remedy the problem:
    1. It carried out a further survey on 31 October 2024 and found rising damp which was believed to be as a result of the cavity wall insulation failing. The landlord instructed its specialist contractors to re-survey the property which was arranged for 19 December 2024. The landlord also instructed them to carry out the roofing works which had previously been deferred.
    2. The landlord fitted new windows to the property on 16 December 2024.
    3. Works were raised on 5 December 2024 to clean the gutters and carry out a mould wash.
  5. At the time of this investigation it is not known whether all these proposed works have been carried out and/or whether the damp and mould issue in the property has been fully resolved.

Assessment and findings

Scope of investigation

  1. The resident’s complaint concerns damp and mould and repairs required to her property. In parts of her complaint, the resident has referred to the impact on her and her son’s health.
  2. The Ombudsman is not able to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This would be more usually dealt with as a personal injury claim through the courts. The Ombudsman will not consider complaints which concern matters where we consider it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, other tribunal or procedure. Nonetheless, consideration has been given in this report to the general distress and inconvenience which the situation may have caused the resident.
  3. It is also noted that there is a history of repairs to the resident’s property dating back to 2 January 2022 concerning damp, mould and other repair requests and that the resident brought formal complaints in respect of these matters prior to the current complaint.  
  4. The resident’s earlier complaints to her landlord, and the matters which gave rise to them, will not be assessed as part of this investigation. This is because the earlier complaints were addressed by the landlord and concluded at Stage 1 of its complaints procedure. Under paragraph 42(a) of the Scheme, the Ombudsman may only investigate complaints which have exhausted the landlord’s complaints procedure.

The landlord’s response to the resident’s reports of damp and mould at the property

  1. The landlord’s damp, mould and condensation policy aims to manage reports of damp and mould, or contributing factors such as condensation, in a proactive way. This may be through the completion of reactive repairs, planned works or in some cases by providing advice and information to residents on measures they can take to help manage damp and mould through changes to the way they use their home.
  2. On receipt of a report of damp and mould, the landlord’s process requires it to raise an inspection request to its surveyor team. The inspection outcome may be to raise repairs, provide advice to residents, or in severe damp and mould cases escalate the matter to the Head of Service who may consider decanting the resident. Where remediated repairs are necessary, these are prioritised according to urgency.
  3. In addition, where remedial works are required, the landlord’s process requires the case to be kept open and proactively monitored until it has conclusive evidence that the issue has been permanently fixed.
  4. It is common ground that the resident had longstanding issues with damp and mould in her property dating back to 2 January 2022 which the landlord had attempted and failed to resolve on earlier occasions.
  5. For the reasons explained in paragraph 28 above, this investigation will focus on the period after 16 February 2023, being the date of the conclusion of the resident’s earlier complaint.
  6. The landlord’s specialist contractors surveyed the property on 23 February 2023 as arranged and carried out cavity wall insulation works in the week of 2 May 2023.  
  7. Whilst the landlord could reasonably have expected these works to resolve the damp and mould problem, it should have proactively monitored the situation to ensure that the issue had been permanently fixed, in accordance with its policy. It is not clear from the landlord’s records provided to this Service whether it was in fact doing so.
  8. In any event, the resident reported to the landlord in her email of 26 December 2023 that she was still having issues with damp and mould. The landlord was therefore on notice from 26 December 2023, if not before, that the damp problem had not been resolved by the works carried out in the week of 2 May 2023.
  9. Under the landlord’s process, it should have raised a request for further inspection, determined the necessary works to remedy the problem and carried them out within its repair timescales or in any event within a reasonable time. However, for reasons which are unclear, no action appears to have been taken by the landlord in response to the resident’s email of 26 December 2023. This was a failing by the landlord. The resident was required to chase the landlord in her emails of 30 January 2024 and 2 February 2024.
  10. The landlord had another opportunity to engage its damp and mould process when dealing with the resident’s complaint on 23 February 2024. However, whilst the landlord noted in its complaint response that damage had been caused to the resident’s personal belongings by the damp and mould, and offered compensation for this, it did not take or propose any action to address the cause of the damp and mould as part of the complaint resolution.
  11. It should be noted that this also points to a failure by the landlord in its complaints handling in that it should have fully investigated and resolved all matters raised in the complaint. However, to avoid duplication in this report, separate findings have not been made in respect of the landlord’s complaints handling.
  12. It was not until its Stage 2 complaint response that the landlord acknowledged to the resident that it needed to address the cause of the problem and took reasonable steps to do so by appointing its surveyors to reinspect the property on 1 May 2024.
  13. There was therefore a delay of about 4 months between 26 December 2023 and 1 May 2024 in the landlord responding to the resident’s report of continuing damp and mould at the property. This delay was unreasonable and particularly so in the context of the longstanding nature of the problem. 
  14. The delay caused detriment to the resident. She had to tolerate unpleasant living conditions from damp and mould in the property and continuing damage to her personal belongings. This was distressing for the resident and was likely exacerbated by her concern as to the effect of the damp and mould on her and her son’s existing health conditions. The resident was put to inconvenience and time and trouble in having to chase the landlord and bring a complaint to achieve a resolution.
  15. It was appropriate in these circumstances for the landlord in its Stage 2 response to accept the shortcomings in the service provided to the resident and to offer redress.
  16. Where there are admitted failings by a landlord, the Ombudsman’s role is to consider whether the redress offered put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, the Ombudsman assesses whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right and learn from outcomes, as well as our guidance on remedies.
  17. The redress offered by the landlord for this aspect of the complaint comprised an apology to the resident for its failings and the sum of £250 for the delay in addressing the damp and mould issues in the resident’s home and £250 for the further distress and inconvenience caused because of the delay. It also offered a total sum of £1,916.71 in respect of damaged personal belongings. Whilst this Service is unable to assess liability for damages, it was resolution-focused for the landlord to request and consider evidence from the resident and make a payment accordingly.
  18. In the Ombudsman’s view, the compensation offered by the landlord in respect of its failings in responding to the resident’s further reports of damp was proportionate and within an acceptable range of compensation which we would expect where there have been failings which have adversely affected the resident.
  19. The Ombudsman also considers whether the wider redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily. In this case:
    1. The landlord agreed with the resident that it needed to address the cause of the problem, which was an appropriate response.
    2. It arranged for its surveyor to visit the property on 1 May 2024 to investigate and establish what further works needed to be done and made a referral to its Healthy Homes team to offer advice to the resident on how to prevent and manage damp and mould issues. Both these steps were appropriate and in line with its policy.
    3. It considered the resident’s request to move properties and advised her appropriately. It signposted her to the local authority which could advise if she qualified to join the housing register to bid for properties.
    4. The landlord’s records relating to post-complaint events indicate that it continued to monitor the works and take further actions as advised to seek to resolve the damp and mould issue. This was in accordance with the undertaking given by the landlord in its complaint response and its damp and mould policy.
  20. Overall, in respect of the period under review in this investigation, the Ombudsman considers that the redress offered by the landlord represents reasonable and proportionate redress for the service failures identified.
  21. Notwithstanding this, unfortunately it is clear that the damp and mould issue in the resident’s home has not proved to be straightforward to resolve. At the time of this investigation, it is understood that there are ongoing works and the landlord has not provided evidence that the damp and mould problem in the resident’s property has been resolved.
  22. In her communications with this Service, the resident has raised concerns at the length of time taken to resolve the issue and the effect of the damp and mould on her and her son’s health. The resident has been supported in this by her GP and (it is understood) her son’s headteacher although a copy of the letter from the headteacher dated 20 November 2024 has not been produced to this Service. The resident has reiterated her wish to move properties.
  23. Whilst it is not within the jurisdiction of the Ombudsman to make such an order, the concerns of the resident in remaining in the property pending the resolution of the damp and mould problem are understandable. In the circumstances, the landlord may wish to re-consider whether it is appropriate to move the resident to alternative accommodation while the damp and mould problem is resolved, in line with its process for severe damp and mould cases. Accordingly, a recommendation has been made below. 

The landlord’s replacement of storage heaters

  1. As outlined above, the landlord’s delay in replacing the resident’s storage heaters was the subject of an earlier complaint by the resident. This report will focus on the period after conclusion of that complaint on 3 October 2023.
  2. The landlord confirmed to the resident in its complaint response that a job had been raised to replace the storage heaters. The complaint response also recorded that the faulty heater in the living room had been replaced on 25 September 2023.
  3. Thereafter, it would be reasonable to expect the landlord to ensure that the remaining two storage heaters were replaced in a timely manner. The landlord has an obligation under the tenancy agreement to keep the heating installations in the property in good repair and proper working order. The landlord’s complaints policy also requires that all actions promised as part of a resolution are fully completed.
  4. However, it is understood that the landlord marked the job in error as having been completed. As a result, the landlord did not make arrangements to replace the two storage heaters and the resident was required to send a chasing message on 28 December 2023.
  5. Having been notified that the storage heaters had not been replaced, the landlord should have arranged to replace them. However, it did not so at this time or provide a response to this part of the resident’s message. The matter therefore went unaddressed until the Stage 1 complaint response on 23 February 2024.
  6. As part of the resolution of the complaint at Stage 1, the landlord arranged for its electrical contractors to carry out a survey on 23 February 2024. It is understood that following this visit, the replacement heaters were fitted on 5 March 2024.
  7. In short, the resident suffered an unnecessary further delay in the replacement heaters being fitted for a period of about 5 months, between the conclusion of her earlier complaint on 3 October 2023 and 5 March 2024 when the heaters were fitted. This caused detriment to the resident and inconvenience in having to chase the landlord and bring a further complaint in order to obtain a resolution.
  8. In its Stage 1 complaint response, the landlord acknowledged the delay in replacing the storage heaters, its poor communication with the resident regarding this and the inconvenience caused. It offered an apology and compensation of £550 for this aspect of the complaint. The compensation offered is in line with the Ombudsman’s remedies guidance for circumstances where a landlord’s failings have adversely affected a resident. Given the time and trouble caused to the resident across this 5-month period, the compensation award, together with the apology, represents reasonable redress for the failures identified.

The landlord’s handling of repairs to windows

  1. As noted by way of background above, as part of the landlord’s resolution of the resident’s earlier complaint concerning the replacement storage heaters, the landlord carried out an inspection of all windows in the resident’s property on 25 October 2023 and found them to be in working order.
  2. On 11 December 2023, the resident reported a leaking window in the dining room. This was repaired by the landlord on 18 December 2023, which was within its policy timescales for urgent repairs.
  3. On 28 December 2023, the resident sent a message to the landlord stating that she had been informed by the surveyor at his visit that her windows needed replacing and that she would hear about them being booked in but she had not. This email was treated by the landlord as part of the resident’s complaint.
  4. There appears to have been a miscommunication between the resident and the landlord regarding the replacement windows because the surveyor’s notes from his visit recorded that the windows at the property would need to be changed at some point in the future as they were dated but that they were in working order. The landlord responded appropriately to the resident’s enquiry on the same day, advising her of this and letting her know that she would be contacted when the windows were due to be replaced. The landlord’s Stage 1 complaint response of 23 February 2024 reiterated this message.
  5. On 28 March 2024, the resident experienced a leak from her dining room window onto the floor. The landlord attended on 4 April 2024 within its policy timescales for urgent responsive repairs.
  6. Whilst the landlord’s operative raised a job for remedial works to the window lintels following this visit, it appears that the order was closed in error. As a result, the landlord failed to take the necessary action to carry out the repair. This was a service failing which caused delay in the repair to the window and inconvenience to the resident who had to chase it.
  7. The resident complained to the landlord by letter dated 10 April 2024 which the landlord dealt with as part of its Stage 2 complaint response dated 22 April 2024. It acknowledged and apologised to the resident for its error in closing the order and offered her compensation of £50. It arranged for its surveyor to include inspection of the condition of all the windows, including the required works to the dining room window, at his planned survey visit on 1 May 2024. It explained that this would enable the surveyor to ensure that the correct works order was raised for the dining room window.
  8. The landlord’s records provided to this Service show that, following its surveyor’s inspection of the windows on 1 May 2024, the landlord completed the outstanding works to the dining room window lintel by 7 June 2024.
  9. In short, there was a failing by the landlord in closing the works order in error which resulted in delay between 4 April 2024 (when the order was raised) and the landlord noting and addressing the error in its Stage 2 complaint response on 22 April 2024.
  10. The compensation offered by the landlord as part of the resolution of the complaint was in line with the Ombudsman’s remedies guidance for service failings of short duration which do not significantly affect the overall outcome for the resident. Together with the apology, the redress offered by the landlord was proportionate for the service failure identified.

Determination (decision)

  1. In accordance with paragraph 53(b) of the Scheme, the landlord has made an offer of redress which, in the Ombudsman’s opinion, satisfactorily resolves the complaint about its response to the resident’s reports of damp and mould at the property.
  2. In accordance with paragraph 53(b) of the Scheme, the landlord has made an offer of redress which, in the Ombudsman’s opinion, satisfactorily resolves the complaint about its replacement of storage heaters.
  3. In accordance with paragraph 53(b) of the Scheme, the landlord has made an offer of redress which, in the Ombudsman’s opinion, satisfactorily resolves the complaint about its handling of repairs to windows.

Recommendations

  1. Within 4 weeks of the date of this report, if it has not already done so, the landlord should pay the resident the £1,100 compensation it offered through the complaints process for the failings in its handling of the above matters. The Ombudsman’s finding of reasonable redress is made on the basis that this amount is paid.
  2. Within 4 weeks of the date of this report, the landlord’s Head of Service or person of equivalent seniority should assess the resident’s living conditions, the medical reports from her GP and the letter from her son’s headteacher dated 20 November 2024 and consider whether it is appropriate for the resident to be moved to alternative accommodation, in line with its process for severe damp and mould cases. It should write to the resident and this Service to provide the result of this assessment with timescales for any actions it identifies.
  3. Within 4 weeks of the date of this report, the landlord should review its actions following the stage 2 response and consider whether it is appropriate to award further compensation to the resident for the period following the conclusion of its complaints process up to completion of the works. It should write to the resident to explain its decision.
  4. The landlord should contact this Service confirming its intentions regarding the recommendations made.