Home Group Limited (202339054)

REPORT

COMPLAINT 202339054

Home Group Limited

25 March 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 reports of damp and mould.
We have also considered the landlord’s complaint handling.

Background

The resident is an assured shorthold tenant of the landlord, a housing association. The property is a 2-bedroom flat. The resident lives at the property with her partner and their 2-children. The landlord is aware that the resident’s partner and 1 of their children both have asthma.
On 30 March 2023 the resident reported to the landlord she had damp and mould in the property. The resident complained about damp and mould on 20 April 2023. The landlord visited the property on 12 and 30 May 2023. The resident said she tried to contact the landlord about damp and mould in July 2023. She told the landlord in November 2023 she was still experiencing damp and mould, and it arranged to inspect the property on 28 November 2023. It carried out another visit on 8 December 2023 where it said it completed a mould wash.
The resident complained to the landlord on 9 January 2024. She said:
1. Despite her reports of damp and mould the issues were still unresolved.
2. There had been multiple inspections, and she was unhappy with the landlord’s actions.
3. Her wooden chair had been damaged by the mould.
4. She was potentially looking to stay at a hotel and using the rent money to pay for it.
On 26 January 2024 the landlord sent its stage 1 complaint response to the resident. It referred to previous visits to the property including from her reports of 30 March 2023. It said:
1. Follow-on works from its inspection of 28 November 2023 were raised to install further ventilation to the property. This was completed on 4 January 2024.
2. It had spoken to the resident on 26 January 2024, and she was waiting for a call from contractors to book in roof repairs.
3. The tiles in the property were usable and it would not replace the ceiling.
4. All outstanding work was booked with its contractors who would contact the resident to arrange an appointment.
The landlord told the resident repairs would be completed by 20 February 2024. It also carried out a mould wash on 5 April 2024. By 16 April 2024 the resident wrote to the landlord disputing its findings. The resident said:
1. She had to carry out a mould wash on 18 December 2023. A mould treatment was done before, but mould had appeared in new areas, indicating the issues were not resolved.
2. She was unsure how new vents would resolve issues with damp and mould in the property. The installation of ventilation was still outstanding.
3. Her children were continuously ill due to the conditions of the property.
4. Contractors attended in March 2023 but were unable to complete the repairs due to a lack of supplies. She had not received a call back or update about this.
The resident escalated her complaint on 2 May 2024 as she remained dissatisfied with the landlord’s response. The landlord spoke with the resident on 3 May 2024, and she told it that further mould treatment was needed. She wanted the landlord to arrange an appointment for 2-days to carry out the mould treatment, which would allow her to move furniture around for access to more areas. She then told the landlord on 9 May 2024 that 1 of her children had a doctor’s appointment linked to damp and mould. She said this was affecting their asthma.
The landlord inspected the property on 10 May 2024 and said it found evidence of items cluttering the property. It said this was potentially preventing air circulation. The resident wrote to the landlord on 18 May 2024 confirming she was told the roof would be repaired on 23 May 2024. Following this, the landlord documented in an internal email dated 28 May 2024 that it would carry out the following actions:
1. Book contractors for repairs across 2-days as agreed with the resident.
2. Schedule vent installation.
3. Address damp issues, and fully investigate why damp issued had not been addressed in the previous visit.
4. Communicate with the resident and make her aware of the dates and times booked. Ensuring the dates and times are convenient for her.
On 31 May 2024 the landlord sent its stage 2 complaint response to the resident. The landlord acknowledged there were still damp, and ventilation works to be completed. It said it would monitor the actions until completion and update the resident regularly. It also said it would contact the resident on 14 June 2024.
The resident confirmed to this Service in January 2025 that she remained dissatisfied with the landlord’s handling of damp and mould, and she wanted us to investigate. In March 2025 the resident told us the issues remain unresolved.

Assessment and findings

Scope of investigation

The complaint about damp and mould which exhausted the landlord’s internal complaints procedure and was subsequently referred to this Service, was submitted by the resident on 9 January 2024. The Ombudsman’s investigation will only consider events that took place after 9 January 2023, which was 12 months before the resident’s complaint submission. This is because the landlord needs a reasonable opportunity to consider issues, and evidence is available for it to reach an informed conclusion. Therefore, the first report of damp and mould in the period within the scope of this investigation was 30 March 2023.
It is noted the resident said that the damp and mould was potentially linked to her child’s asthma. The Ombudsman does not doubt the resident’s concerns, but this Service is unable to draw conclusions on the causation of, or liability for, effects on health and wellbeing. This element of the complaint may perhaps be better suited for the courts. However, we will consider any distress, or inconvenience caused due to the presence of damp and mould.

Handling of damp and mould

When investigating a complaint, the Ombudsman applies its dispute resolution principles, which are:
1. Be fair, treat people fairly, and follow fair processes.
2. Put things right.
3. Learn from outcomes.
Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. The landlord also has a responsibility under the Housing Health and Safety Rating System (HHSRS) to assess hazards and risks within its 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.
The landlord’s repairs procedure states responsive repairs are to be completed in 14 calendar days. Repairs where specialist components or major works are identified can take up to 56 calendar days.
When the resident called on 30 March 2023 reporting mould to the landlord, it did not carry out an inspection until 12 May 2023. This meant 43-calendar days had elapsed since the resident’s reports, which is 29-calendar days outside the landlord’s routine repair timescales. This was inappropriate.
The Ombudsman’s spotlight report on knowledge and information management recommends that a landlord “knows its products, services and residents well, and that it uses this data to inform business and financial planning.
The landlord has not provided evidence or any further comments about what it did or found in its visit to the property on 30 May 2023. This was a record keeping failing by the landlord. Record keeping is a core function of a repairs service. Good record keeping assists the landlord in fulfilling its repair obligations. Accurate records ensure that the landlord has a good understanding of the condition of the property. It allows repairs to be monitored and managed, and the landlord to provide accurate information to its residents.
The Ombudsman’s spotlight report on damp and mould was published in October 2021 and made several recommendations for landlords to consider in their approach to damp and mould.
The landlord should have used information from its contractor’s attendance of 12 May 2023 that indicated the roof was potentially causing damp and mould in the property. The resident submitted evidence of mould in July 2023 to the landlord as the issues remained. There is no evidence the landlord responded or provided reassurances that it was taking steps to remedy the damp and mould in line with the HHSRS. Additionally, the spotlight report on damp and mould says landlords should respond to concerns within a timely manner and consider the urgency of the situation. In this case, the landlord’s lack of communication and lack of action was inappropriate.
The Ombudsman’s spotlight report on damp and mould also says landlords should adopt a proactive, rather than reactive approach.
The resident raised issues with damp and mould again in November 2023. There is no evidence to suggest that from its property visit on 30 May 2023 the landlord had engaged with the resident. This demonstrates the landlord did not proactively manage the damp and mould in the property and instead was reliant on the resident reporting that the issue with mould had worsened. This was unfair on the resident.
On 28 November 2023 the landlord re-inspected the property and assigned follow-on works which it said was completed by 4 January 2024. The landlord’s website states that it takes a zero-tolerance approach to damp and mould. After it inspects the property, if needed it could make improvements to the ventilation. Therefore, at that stage it was appropriate action by the landlord to arrange the installation of further ventilation in the property. However, the evidence shows this remained outstanding as of the landlord’s final response of 31 May 2024. This was inappropriate and outside the timescales it set out to the resident. It further demonstrates inconsistencies with the landlord’s record keeping.
Additionally, there is no evidence the landlord offered a mould wash until after its inspection on 28 November 2023. The spotlight report on damp and mould says remedial works such as mould washes that would improve the resident’s living environment are still completed. It was unreasonable for the landlord to not have considered carrying out a mould wash at the property despite the reports of mould from 30 March 2023.
There is evidence a mould wash was completed by the landlord on 8 December 2023, which was 10 calendar days since its inspection of 28 November 2023 which was appropriate. However, the resident said she had carried out a mould wash on 18 December 2023 as she had people visiting during the Christmas period. This caused the resident inconvenience.
The landlord also missed a clear escalation of risk on 9 May 2024. The resident said she was taking her child to a doctor’s appointment concerning damp and mould affecting their asthma, which it was aware of. At this point, it did not demonstrate that it had responded to this new information and appropriately considered household vulnerabilities.
In the resident’s complaint submission, she also said her wooden chair had become mouldy. There is no evidence the landlord considered this. It would have been reasonable for the landlord to communicate its position on damages to personal items and its position on potential insurance claims. The spotlight report on damp and mould says where an insurance claim may be required with regards to damage to personal items, it is important for landlords to offer appropriate support to residents. This could include the landlord submitting the claim to their insurer rather than requiring the resident to submit the claim themselves. Its poor communication regarding this caused the resident distress and inconvenience.
The spotlight report on damp and mould suggests landlords should consider how they can adapt their approach to ensure a positive outcome for both parties. On 3 May 2024 the resident and the landlord spoke about outstanding works. It was established by the landlord that further mould was required. It was agreed that the resident would move the furniture to allow the landlord to have greater access to affected areas. This was reasonable action by the landlord.
The landlord inspected the property again on 10 May 2024.It noted that the property was cluttered, which it said was preventing air circulation. There is no evidence the landlord communicated this to the resident within its internal complaint procedure. However, the spotlight report on damp and mould says landlords should avoid apportioning blame and instead take responsibility. It would have been reasonable for the landlord to have discussed this with the resident and given advice on:
1. Making the areas clearer.
2. Not having furniture against the wall.
3. Any support referrals if necessary.
As mentioned above, the roof potentially contributing to the damp and mould in the property was first identified on 12 May 2023. Following the landlord’s inspection on 8 December 2023 it told the resident it would carry out roof repairs. It is clear the resident expended time and trouble in chasing repairs to the roof. The landlord told the resident all damp and mould works would be completed by 20 February 2024. This was a mismanagement of her expectations as the roof repairs were not completed until 23 May 2024. There was a significant delay in it completing the repairs, considering it had been more than a year since it identified works were required. It was not proactive in managing this. Had it been proactive, it would have completed the roof repairs in line with its procedures by 7 July 2023, which was 56 calendar days after it identified the repairs.
The landlord listed actions it would take to remedy the damp and mould in the property on 28 May 2024. In its final response to the resident it vaguely set out that damp and ventilation works were outstanding and that it would monitor this. It did not specify timescales for completion either. This was unfair in the circumstances of the complaint. The resident had been experiencing issues for a prolonged period which was unreasonable. It did say it would keep the resident updated, but it was still unclear which actions it would take, and by when.
The resident told this Service the issues with damp and mould remain unresolved. This Service acknowledges the landlord has taken some action after its final response. However, it did not identify any learnings from the complaint during its internal complaint procedure.
Under the Ombudsman’s guidance on remedies, consideration is given for distress and inconvenience, time and trouble, as well as loss of enjoyment of home caused to a resident by service failures.
The landlord has not offered any payment of compensation to the resident. She has experienced mould in the property from 30 March 2023 until present, with limited support from the landlord. The resident’s roof was not repaired until 23 May 2024. In line with its major repair timescales, it should have been completed by 7 July 2023. While the property was not unusable, her enjoyment of her home was reduced. This is clear from the evidence and demonstrated by the resident telling the landlord she was looking at hotels due to the dissatisfaction of staying at the property.
While we acknowledge the landlord was not aware of the household vulnerabilities at first, the evidence shows the resident told it her family’s health was affected when she submitted her complaint on 9 January 2024. She also told it that her child was always ill due to the damp and mould and on 9 May 2024 said her child had a medical appointment about asthma. These were all missed opportunities for the landlord to take action. Considering the distress and inconvenience she has experienced, combined with the landlord’s lack of consideration of vulnerabilities and it not taking ownership, a total award more than £1,000 is suggested by our guidance on remedies for these reasons.
Overall, this investigation has found errors made by the landlord and the issue remains unresolved. It has not demonstrated a proactive approach in resolving the complaint as its website states. The landlord has not fully evidenced it consider the household vulnerabilities with its approach to the repairs and its communication with the resident. This leads the Ombudsman to conclude there has been a failure to provide a service, put things right, and learn from outcomes. Therefore, we have found severe maladministration in the landlord’s handling of the resident’s reports of damp and mould. Orders have been made that take into consideration the distress, inconvenience, time and trouble experienced by the resident. As well as the loss of enjoyment of her home.
Specifically, to compensate for the loss of enjoyment of the resident’s home, 5% of the rent level from 7 July 2023 until 23 May 2024 has been used. This means the roof repairs were overdue for a total period of 45 weeks. The weekly rent level from 1 April 2023 until 31 March 2024 was £152.64. From April 2024 it was £166.15. This has been calculated to be total of £348.17, comprised of:
1. £290.02 which is equivalent to 5% of the weekly rent amount from 7 July 2023 until 31 March 2024.
2. £58.15 which is equivalent to 5% of the weekly rent amount from 1 April 2024 until 23 May 2024 when the roof repairs were completed.

Complaint handling

The landlord operates a complaints policy which states:
1. Its timescales to respond to complaints follow the Ombudsman’s complaint handling code (the Code). At stage 1 it would acknowledge the complaint within 5 working days from receiving it.
2. It defines a complaint as an expression of dissatisfaction by a resident however made.
3. It treats complaints seriously and makes every effort to work with residents to understand issues and resolve complaints to their satisfaction.
4. It deals with complaints at the first point of contact, takes a positive attitude, and acknowledge all complaints within the timescales set.
5. It responds fairly, politely, in a timely manner and in accordance with the Ombudsman.
The Code sets out:
1. A landlord must accept a complaint unless there is a valid reason not to do so.
2. If a landlord decides not to accept a complaint, a detailed explanation must be provided to the resident setting out the reasons why the matter is not suitable for the complaints process. Also, the right to take that decision to us. If we do not agree that the exclusion has been applied, we may instruct the landlord to take on the complaint.
In the evidence submitted to this Service by the landlord, it is clear the resident tried to raise a complaint about damp and mould earlier than when it was logged in January 2024. On 20 April 2023 the resident said she wanted to raise a formal complaint. The landlord’s comments internally were to contact the resident to avoid a formal complaint. There is no evidence it acknowledged this complaint in line with this policy. This was inappropriate by the landlord.
This inaction by the landlord to not acknowledge the complaint was also not in line with the Code. The landlord should have accepted the resident’s complaint or provided a valid reason why it would not. There is no evidence a valid reason was provided. There is nothing in its policy to support its position to not accept the complaint. This failing meant the resident complained again 102 calendar days after. This caused her complaint journey to be hampered by the landlord’s failure to accept the complaint.
Ultimately, by not accepting the complaint the landlord did not appropriately follow its policy and demonstrated it did not take the complaint seriously. The resident said she felt ignored. This in turn caused delays to the resident receiving an answer to her complaint through the landlord’s internal complaints procedure and delayed her referral to this Service. The delays caused her inconvenience.
The Code also sets out:
1. That landlords must address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
2. That landlords must confirm the following in writing to the resident at the completion of stage 2 in clear, plain language:
  1. The decision on the complaint.
  2. The reasons for any decisions made.
  3. The details of any remedy offered to put things right.
  4. Details of any outstanding actions.
The landlord’s stage 2 complaint response did not provide clear reasons for decisions and the details of any outstanding actions was not clear. Therefore, the landlord has not taken into consideration the Code at the time it produced its final response. By not being clear, the landlord missed the opportunity to demonstrate that its communication was clear and effective.
Given the above, it is clear the resident’s complaint journey has been affected. As such, we have found maladministration in the landlord’s complaint handling. The Code is now statutory, but additional compensation has been ordered for the inconvenience caused to the resident in line with our guidance on remedies.

Determination

In accordance with paragraph 52. of the Scheme, there was severe maladministration in the landlord’s handling of the resident’s reports of damp and mould.
In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders and recommendations

Orders

Within 4 weeks from the date of this determination, the landlord must ensure:
1. A senior member of the landlord’s staff apologises to the resident for the failings identified in this report.
2. Pay the resident a total of £1,298.17 compensation, comprised of:
  1. £800 for the distress, inconvenience, time, and trouble the resident has experienced following her reports of damp and mould.
  2. £348.17 for the significant delays by the landlord in repairing the roof which caused the resident loss of enjoyment of the property. This calculation as above has taken into consideration 5% of the weekly rent level for 45 weeks (7 July 2023 until 23 May 2024).
  3. £150 for the time, trouble, and inconvenience caused as a result of the complaint handling failings identified.
3. Create a scope of works for any other works that remain outstanding from its final response of 31 May 2024 and share this with the resident and this Service.
Within 6 weeks of the date of this report the landlord is ordered to carry out a case review and share what it has learned from the complaint to this Service.
The landlord must provide evidence of compliance with the above orders to this Service.

Recommendations

Additionally, it is recommended that the landlord reviews the Ombudsman’s spotlight report on knowledge and information management (published in May 2023).
It also recommended that the landlord contacts the resident to check any vulnerabilities for all members of the household have been recorded accurately by it.