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Irwell Valley Housing Association Limited (202223479)

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REPORT

COMPLAINT 202223479

Irwell Valley Housing Association Limited

30 May 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 and mould at the property.

Background

  1. The resident lives in a 2-bedroom house owned by the landlord on an assured shorthold tenancy from October 2014 that became an assured tenancy in October 2015. The landlord has recorded no known vulnerabilities for the resident. The resident has informed this Service that her two children have constant coughs and colds.
  2. There is a history of the resident’s reports of damp and mould to the landlord as early as 2014. Over the years, the landlord has conducted various inspections and tests to measure the temperature, level of moisture and salt within the property. The landlord conducted remedial work of mould washes, repointing, repairs to the external door, replaster work, installation of air vents, installation of a positive input ventilation system (PIV), loft insulation, installation of a sump pump to the lounge floor, a full damp proof course and clearing of the gutter. The resident reported to the landlord improvements after it conducted work, however, the damp and mould continued to recur throughout the years.
  3. In 2018 the resident instigated a disrepair claim against the landlord. However, this claim did not proceed to court and was closed in 2019 due to insufficient evidence. The landlord arranged an independent inspection of the property in 2020 which concluded there was no damp in the property and black spots in the bedroom were attributed to condensation.
  4. The resident raised her more recent dissatisfaction with the landlord’s handling of damp and mould at her home in December 2022. The landlord commenced its complaints process and registered a stage 1 complaint. The landlord conducted an inspection of the property and identified remedial work throughout the property that involved radiator checks, replacement of the extractor fans, brick up of vents, mould wash and stain block of the affected areas, plaster repairs and roof work. The complaint investigation concluded the landlord had delayed in conducting some of the work but it did not specify what work it was referring to. It offered the resident £100 decoration voucher. The resident escalated her complaint and the landlord responded to her in April 2023 at stage 2 of its complaints process and offered the resident £200 compensation plus the £100 decoration voucher.
  5. The landlord has confirmed to this Service that all associated work has been completed at the property.
  6. In March 2023, the resident contacted this Service and reported her furnishings had been damaged by the damp and mould conditions within the property. The landlord has not made any reference to the alleged damage throughout its correspondence to the resident and it is unclear if the damage occurred prior to this complaint investigation.

Assessment and findings

The landlord’s handling of the resident’s reports of damp and mould

  1. On 28 February 2022, the resident reported to the landlord “loads of mould in her home”. The landlord inspected the property on 24 March 2022. The landlord’s repairs policy states it will conduct an inspection where a diagnosis is required for cases such as damp or complex work. This policy does not specify a timeframe for an inspection to be conducted, however, it states it will offer residents an inspection appointment. The landlord implemented a damp and mould policy after this complaint in January 2023 and this policy provides a timescale for a damp inspection to be conducted within 10 working days. Given the extent of the resident’s report of mould and the history of damp and mould at the property, it would have been reasonable for the landlord to recognise the potential risk and expedite the inspection. However, it should be noted that it is unclear from the landlord’s records whether the date was pre-arranged by mutual convenience for the resident.
  2. The landlord provided this Service with a copy of its inspection report dated 8 April 2022 that concluded the property was not suffering from damp and the issue present was a result of ‘cold spotting’ mould and condensation along the gable end skirt line and the curved part of the wall/ceiling in the upstairs bedrooms. The landlord believed the contributing factors of the mould and condensation was the structural build of the property and a lifestyle issue. It noted there were no defects with the property, however, it recommended the removal of the slate roof around the front, side and rear elevation to gain access to the insulation to alter the thermal value within the loft space. The landlord did not follow up on its recommended action at this stage.
  3. The Housing Act 2004 requires landlords to assess hazards and risks of which mould growth is considered a potential hazard and risk. While the landlord evidenced it conducted a thorough inspection of the damp and mould and therefore assessed the potential hazards and risks within the property, it did not follow up on its positive steps and arrange the recommended work. This was inappropriate given it had an identified action to assist in the reduction of ‘cold spotting’.
  4. The landlord had previously demonstrated it had conducted various work at the property in an attempt to manage the recurring damp and mould. However, its inaction following the inspection was significant and deviated from its previous action and this was inappropriate. The landlord had noted a lifestyle issue may be contributing to the build-up of condensation and mould growth but there is no evidence to suggest how it was going to work with the resident to reduce the condensation and mould. Neither was it proactive in its communications with the resident in either its support offer to assist her to reduce the level of condensation within the property or in its overall responsibility to reduce the potential risk of mould and condensation
  5. The Ombudsman’s Damp and Mould spotlight report (October 2021) highlights that landlords should adopt a zero-tolerance approach to damp and mould interventions that considers the individual needs and circumstances of the case. The landlord therefore did not demonstrate how it was going to manage the reduction in condensation and mould. Neither did it proactively communicate its intentions of managing the situation with the resident and this was inappropriate.
  6. There is a gap in landlord records up until September 2022 when the landlord decided to conduct another damp and mould inspection at the property. However, the landlord reported the resident refused access on this occasion as she told the landlord she had not reported a recent issue of damp and mould. It is unclear why the landlord wanted to conduct another inspection for the same issue, as it had already completed a comprehensive inspection of the property in March 2022. However, as 6 months had elapsed and the landlord had failed to take action from the first inspection, it was reasonable to assume it wanted to take stock of the current situation and conduct an inspection. The landlord recorded in its case notes that the resident did not have a concern of damp and mould in September 2022, which may have been indicative of condensation levels being controlled within the summer months.
  7. The resident made a complaint to the landlord on 21 December 2022 as she was dissatisfied because she felt the landlord had not resolved the damp and mould. The resident told the landlord she wanted to move home because of the damp and mould and also because she was overcrowded. The landlord contacted the resident the same day to discuss her dissatisfaction and it logged a formal complaint at stage 1 of its complaint process. The landlord acknowledged the complaint and said it could not respond within its 10-working day target as it needed to arrange an inspection of the property. It said it would provide the resident with its response by 31 January 2023. Given it was 10 months since the landlord’s inspection in March 2022, it was reasonable for the landlord to take this approach to enable a comprehensive complaint response that was based on an up-to-date inspection.
  8. The landlord inspected the property on 12 January 2023 and reported there were “elevated moisture readings to the gable wall in various areas, front and rear bedroom, and extremely high humidity levels at low temperature”. On 19 January 2023 the landlord made arrangements for a number of repairs to be carried out. These repairs related to a check of all the radiators, replacement of the kitchen and bathroom extractor fans, brick up 2 vents, mould wash the front bedroom ceiling and back bedroom where required that included the application of a stain block and patch plaster the render to the front and a cold spot at the front door.
  9. The landlord’s repairs policy states it will offer residents appointments for routine repairs. It is unclear if the resident was offered an appointment for this work. However, the radiator check, extractor fan replacement and air vent work all indicated completion within a reasonable maximum timeframe of 20 days.
  10. The landlord took 9 weeks to complete work to mould wash areas. This was an inappropriate timeframe given it was an essential repair to eliminate a potential hazard of mould within the property. The roof work was not completed until 14 weeks from the order being placed. However, given this work was identified in March 2022, the overall delay was 13 months. This delay was unreasonable given the historic problems with damp and mould at the property and prolonging a lack of resolution for the resident.
  11. The landlord sent the resident its stage 1 complaint response on 24 January 2023. It apologised to the resident as she had not seen improvements in the management of condensation since she moved into the property. It gave the resident direct contact details of an officer to ensure there was a line of communication. The landlord directed the resident to an appropriate officer about rehousing and concluded that some of its actions could have been addressed sooner and it apologised for the delays.
  12. The landlord told the resident the mould and condensation issue would be an ongoing process of repairs and property ventilation to ensure it effectively managed the condensation. The landlord offered the resident £100 in decoration vouchers following completion of the work it had identified from its inspection. It assured the resident the situation would be monitored over the forthcoming months. The landlord arranged another inspection of the property on 23 February 2023; however, the landlord has not provided this Service with its inspection record.
  13. The resident escalated her complaint and the landlord responded at stage 2 of its complaints procedure on 19 April 2023. In response the landlord recapped on its actions taken to that date which included that an initial inspection of the property ascertained ‘cold spotting’ mould and condensation were present at the property and that the inspection recommended work be undertaken in the property roof space. The landlord stated it had conducted a second inspection and the conclusion aligned to the first report. It had conducted a ‘speedy test’ of the cavity and the brickwork and found no moisture in the area. It agreed additional work to repair a window on 24 April 2023. It gave the resident a leaflet on how to manage condensation within the property and offered the compensation of £200 in addition to its previous offer of £100 decoration vouchers.
  14. In conclusion, the landlord has evidenced it had conducted comprehensive assessments of the damp and mould at the property. However, it is of concern the landlord did not follow up on its recommended work to the roof for 13 months after the initial inspection on 24 March 2022. It is acknowledged the landlord had attempted to undertake a second inspection in September 2022 but was denied access by the resident. The landlord did take action from a second inspection which took place following the resident’s formal complaint on 21 December 2022, following which a number of repairs and checks were conducted that did put things right for the resident.
  15. The landlord has not evidenced it fully supported the resident or was proactive in its communications prior to the complaints process. The landlord’s condensation leaflet supplied to the resident would have provided some advice, however, given there was a recurring theme to the condensation and mould, it would have been helpful for the landlord to pre-plan regular solution focussed support visits to her home to help the resident to reduce the level of condensation within her home.
  16. The landlord did attempt to put things right for the resident through its complaints process and conducted repairs following the residents complaint, all be it the issues which they pertained to were known and present several months previously. However, its compensation offer of £200 and its offer of £100 decoration voucher was not enough to fully reflect the extent of its failings and the impact upon the resident whose home sustained a recurrence of condensation, damp and mould during the winter months as part of a history of similar issues at the property . The landlord should therefore offer the resident £400 compensation to fully reflect the adverse impact caused to the resident by the landlord’s failure to proactively manage its responsibilities to ensure there was no recurrence of the condensation, damp and mould issues at the property.

Determination (decision)

  1. In accordance with paragraph 52 of the Scheme there was maladministration in the landlord’s handling of the resident’s reports of damp and mould at the property.

Orders and recommendations

Orders

  1. Within 4 weeks of this report the landlord should write to the resident and apologise for the failures identified within this report.
  2. Within 4 weeks of this report, the landlord should compensate the resident £400 for its handling of the resident’s reports of damp and mould at the property. This figure includes the £200 the landlord already offered the resident. The landlord’s offer of £100 decoration vouchers is separate to the £400.
  3. Within 4 weeks of this report, the landlord should contact the resident to discuss the damage to her furnishings and advise her of her options that include how to make an insurance claim under its liability insurance.
  4. In accordance with paragraph 54(g) of the Housing Ombudsman Scheme, the landlord should review its handling of the damp and mould in this case to identify lessons and intended actions for improvement in this area. The landlord should refer to the Ombudsman’s Spotlight on Damp and Mould of October 2021. In particular, reference should be made to how it can effectively manage recurring damp and mould issues at a property and its risk-based approach for the management of high risk recurring themes. The Ombudsman notes the proactive measures the landlord has put in place since January 2023 when it implemented its damp and mould policy. The landlord should present this review to its senior leadership team and provide a copy to the Ombudsman within 8 weeks of this decision.
  5. The landlord should reply to this Service with evidence of compliance with the orders within the timescales set out above.