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Jigsaw Homes Group Limited (202322779)

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REPORT

COMPLAINT 202322779

Jigsaw Homes Group Limited

21 May 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. The complaint is about the landlord’s handling of the resident’s reports of:
    1. Damp and mould in the bathroom.
    2. Toilet repairs.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident is an assured tenant of the landlord and has occupied the property, a 2-bedroom flat, since 2011. The landlord informed this Service that it is aware the resident has disabilities, but she did not disclose any further details about the nature of her vulnerabilities.
  2. The resident’s daughter regularly acted as her representative during the landlord’s complaint process. For ease of readability, they are mainly referred to collectively in this report as ‘the resident’.
  3. The resident made a complaint to the landlord on 11 September 2023. She said:
    1. She had been experiencing damp and mould in her bathroom for “years”. This included recurring black mould on the bathroom flooring, tiles, walls, and ceiling.
    2. The landlord had left her with an “unsafe and unusable” toilet for 5 months.
    3. Despite her contacting the landlord on numerous occasions, the issues were still unresolved.
  4. The landlord issued its stage 1 response on 13 October 2023. It partially upheld the resident’s complaint, and said:
    1. Following an inspection of the bathroom on 11 September 2023, it had scheduled 5 outstanding repairs to be undertaken on 13 October and 16 October 2023.
    2. It provided a timeline of events in relation to the toilet repair. It concluded that it was satisfied it had made attempts to repair the toilet and the repairs it had undertaken made it useable.
    3. It could arrange for an inspection to the concrete floor in the hallway, but it was not liable for repairs to the flooring.
    4. It apologised for the delay in “logging” the resident’s complaint and offered her £50 compensation.
  5. The resident requested to escalate her complaint the same day (13 October 2023). She felt that the landlord’s response was biased, that it had failed to appropriately address her dissatisfaction, and that it had investigated issues (the hallway flooring and bathroom taps) that she had not raised in her initial complaint. She also said that the landlord’s £50 compensation offer was an “insult”, and as an outcome, she sought £100 per month from the date of the second survey appointment (November 2022).
  6. On 16 October 2023, the resident contacted the landlord again to express her dissatisfaction with the standard of repairs that had been undertaken in the bathroom that day.
  7. The landlord issued its stage 2 response on 9 November 2023. It said:
    1. It had not identified any faults in its handling of the toilet repair.
    2. It had attempted to carry out repairs in January 2023 and March 2023 in relation to the damp and mould. However, the resident had “refused access” due to her health and medical needs.
    3. Its stage 1 complaint acknowledgement letter set out the complaint it had agreed during the call with the resident. As the resident had not informed it that the information was incorrect, it found no failings in its complaint handling.
    4. It offered the resident an additional £50 compensation (total £100). This was in recognition of the poor workmanship undertaken by its repair contractor on 16 October 2023, and the subsequent distress and inconvenience this caused her.

 

Events after the end of the complaints process

  1. During a telephone call with this Service on 26 November 2024, the resident advised us that she would like to participate in our mediation process. She said that she would like to reach an outcome with the landlord to resolve the complaint and asked it to pay her further compensation (a total of £685.94).
  2. We approached the landlord with the resident’s proposal the following day. It responded on 19 December 2024 and advised that it could not award the resident the full requested amount. However, it increased its offer to £248.94, broken down as follows:
    1. £98.94 for the cost of paint and mould sprays.
    2. £100 for the distress and inconvenience caused (increased from £50).
    3. £50 for complaint handling (previously offered).
  3. The resident rejected the landlord’s offer the same day.

Assessment and findings

Scope of investigation

  1. As mentioned earlier, within the resident’s request to make a formal complaint she said that she had been experiencing issues with her repairs for “years”. For context, the landlord’s repair records show that between September 2019 and March 2020, the resident reported several repairs. These included a loose and leaking toilet, and “condensation issues” in the bathroom. The evidence suggests that an inspection was undertaken, but the repairs were cancelled due to the COVID-19 pandemic. In July 2020, the resident informed the landlord that she had black mould in the bathroom. The landlord inspected the property in September 2020 and confirmed that the areas were dry, but the mould was caused by condensation. It subsequently raised a repair to install a bathroom extractor fan and renew the silicone seal to the bath.
  2. The evidence suggests that the landlord closed these repairs on its internal systems in December 2020 due to “no access” from the resident. While we do not dispute that the issues were ongoing, the evidence shows that the resident did not report the substantive issues again to the landlord until November 2022. As such, this investigation will focus on the landlord’s actions from this date, which reflects the timeframe considered within its complaint responses. This is in accordance with paragraph 42.a and 42.c of the Scheme, which states that the Ombudsman may not consider matters that are made prior to having exhausted the landlord’s complaints procedure, or that were not brought to the attention of the landlord within a reasonable period (usually 12 months from the matters arising).
  3. The resident has described how she feels the landlord’s handling of the repairs has negatively impacted her physical and mental health. While this Service does not doubt or underestimate the resident’s concerns, it is outside our remit to determine the causation of, or liability for, impacts on health and wellbeing. This is in accordance with paragraph 42.f of the Scheme, which states that the Ombudsman may not consider complaints concerning matters where it is quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, other tribunal, or procedure. This matter is best suited for investigation through the courts or a personal injury insurance claim.
  4. As part of the landlord’s complaint investigation, it reviewed its handling of an issue regarding the hallway flooring. The resident told the landlord and this Service that she did not wish to raise this issue as part of the current complaint, and the landlord provided her with a separate stage 1 response in May 2024. As such, our investigation has focused solely on the landlord’s handing of the damp and mould, and toilet repairs. However, we will address any complaint handling failings within the relevant section of this report.

Reports of damp and mould repairs in the bathroom

  1. The landlord’s applicable damp and mould policy at the time of the complaint states that:
    1. It will provide dry, warm, healthy, and safe homes for its residents, free from any hazards.
    2. When a resident reports damp and mould, its trained staff will determine the severity and type of issue affecting the tenant and property. This will determine the next steps in dealing with the issue, including raising a repair, raising an inspection, or providing advice.
    3. Finding the cause of damp and mould is not always straightforward and there could be a combination of factors. Any repairs required will be carried out in accordance with its repairs procedure.
    4. It will keep residents informed of any property inspections, diagnosis of issues, and timetabling of works.
  2. The landlord’s repairs procedure provides the following timescales:
    1. Emergency repairs (where there is an imminent risk to the health and safety of the occupant or danger of serious damage to the buildings structure) will be carried out within 24 hours.
    2. Urgent repairs (where a situation is causing discomfort, inconvenience and nuisance and is likely to lead to further deterioration) will be carried out within 5 working days. This includes leaks into the property.
    3. Routine repairs (including faults with extractor fans and/or other forms of ventilation, mould washes) will be carried out within 15 working days.
    4. Non-routine repairs (where an initial repair attendance results in more complex work being required to complete the repair in full) will be carried out within 90 working days. This includes damp prevention works, which are more extensive and are forwarded to the landlord’s planned maintenance programme.
  3. On 4 November 2022, the resident contacted the landlord to report black mould in the bathroom. She said that it was present on the bathroom walls and ceiling and that she had painted the affected areas with anti-mould paint. She also stated that she had attempted to ventilate the bathroom. The same day, she reported a potential leak under the bath. She stated the flooring kept getting wet and there was mould growing on the bath panel.
  4. The repair records show that the landlord appropriately inspected the property, which was in accordance with its damp and mould policy. However, from the records provided, the date of the inspection is not clear. This is a record keeping failure.
  5. On 22 November 2022, the landlord raised 3 repairs for the bathroom. These were:
    1. Installation of extractor fan.
    2. Bath panel renewal and resealing of bath.
    3. 3-stage mould treatment to 4 square meters of affected areas.
  6. From the repair records provided to this Service by the landlord, it is not clear what repair priority it assigned to each of the repairs raised. This has made it difficult for us to assess the timeliness of the repairs and is a further record keeping failure. As such, we have referred to the landlord’s repairs procedure to consider the applicable timescales and made our assessments based upon what was reasonable in all the circumstances.
  7. The landlord’s applicable damp and mould policy states that where damp is a result of condensation, it will work with tenants to prevent the damp and mould occurring. This might include advice about how to control moisture levels or increase ventilation or heating, so that damp levels are kept low. Therefore, we find it appropriate that the landlord raised a repair to install an extractor fan in the property. The work was undertaken on 13 January 2023. It is unclear if the landlord’s repair services were reduced during the Christmas period. However, taking into account the Christmas bank holidays, this was a repair time of 36 working days. While we acknowledge that the installation of an extractor fan would be more complex than repairing an existing one, this was outside the 15-working-day timescale for a routine repair outlined in the landlord’s repairs procedure. In mitigation, it is noted that in later correspondence, the resident expressed her satisfaction with the landlord’s “quick” action in relation to this specific repair.
  8. In the case of severe or recurring damp or mould issues, the landlord’s applicable damp and mould policy states that it may apply mould resistant coverings to the affected areas. It was therefore appropriate that it raised a repair for a mould wash treatment. On 15 December 2022, the landlord called the resident and left her a voicemail to arrange an appointment. The records do not show when the resident returned the call (which is a further recording keeping failure), but it is reasonable to assume that she did, as the landlord’s records confirm that the mould treatment was completed on 25 January 2023. Although it is not clear what date the resident returned the landlord’s call, it took the landlord 17 working days to contact her to arrange the repair. Therefore, we find that the landlord exceeded its repair timescales (of 15 working days) for this repair, which was inappropriate.
  9. The landlord attended the property for the bath panel repair on 23 December 2022. This was unreasonable and at odds with its repairs procedure, as it was 23 working days from the date it had raised the repair. However, the repair records state that the resident did not provide access on this date, and we have seen no documentary evidence that she contacted the landlord to rearrange the appointment until 4 May 2023. In mitigation, it would have been good practice for the landlord to have made reasonable attempts to follow up with the resident about the repair after the no access visit.
  10. Following the resident’s contact on 4 May 2023, the landlord then scheduled the repair for 26 June 2023. We find that the landlord should have offered the resident an earlier appointment, as this was a delay of 36 working days. We acknowledge that, at the request of the resident, the appointment was then rescheduled for 30 June 2023, but the repair did not go ahead due to “no access” being granted. The work was completed on 1 August 2023.
  11. On 25 August 2023, the resident contacted the landlord to inform it that the bathroom tiles were mouldy and there was “follow-on” work outstanding. The landlord responded 3 working days later (31 August 2023) and scheduled an inspection for 11 September 2023. We note the resident’s frustration that the landlord had scheduled a further inspection, and do not underestimate her concerns that further appointments caused her distress. However, as the repairs were marked as complete on the landlord’s internal systems, we find it appropriate that the landlord requested to re-visit the property.
  12. The landlord raised the following repairs on 12 October 2023:
    1. Hack out and re-grout the wall tiles.
    2. Re-fix or renew loose wall tiles.
    3. Hack out and renew mouldy silicone sealant to the bath.
    4. Carry out 3–stage mould treatment to affected areas of mould.
    5. Renew the bathroom floor covering (this will be assessed in the toilet repair section of this report).
  13. The evidence suggests that the mould treatment – which was closed on the landlord’s internal systems as “complete” on 25 January 2023 – was in fact still outstanding. While we have seen no evidence that the resident contacted the landlord about the repair after this date, we find that the landlord acted inappropriately. We also find its delay (1 month) in raising this work inappropriate and caused additional unnecessary delays for the resident.
  14. The landlord’s repair contractor attended the property on 16 October 2023 to undertake the outstanding repairs. The resident contacted the landlord the same day to express her dissatisfaction with the work (the regrouting of the tiles) that had been undertaken. This was also one of the reasons that the resident requested to escalate her complaint to stage 2. The landlord accepted in its stage 2 response that the standard of work was poor, and offered the resident £50 for the inconvenience it had caused her. For this failure alone, we find that this was a reasonable offer from the landlord.
  15. An assessment of the appropriateness of the landlord’s complaint responses in relation to the damp and mould repairs will be made within the complaint handling section of this report.
  16. As mentioned within the background section of this report, the landlord informed us that the resident had told it that she had disabilities, but she did not disclose any further details about these. However, the repair records show that on 9 July 2020, the resident informed the landlord that she had health problems and stated that her doctor had determined that this was because of the black mould in her property. It is acknowledged that the resident apparently did not mention vulnerabilities of this nature again until September 2023, when she informed the landlord that she had asthma. However, the landlord should have made a record of this, and as such treated the repairs with additional urgency. If it had done so, it also would have been able to consider the resident’s vulnerabilities when calculating its offer of compensation.
  17. Overall, we find there was maladministration in the landlord’s handling of the resident’s reports of damp and mould in the bathroom. This is because:
    1. It failed to comply with the repair timescales outlined in its repairs procedure on several occasions.
    2. Its record keeping in relation to the repairs was poor.
    3. It failed to apologise to the resident and to put things right by offering an appropriate amount of compensation.
  18. An order of compensation has been calculated in line with the landlord’s compensation policy and our own remedies guidance.

Toilet repairs

  1. As explained earlier in the report, the repair records provided by the landlord do not include the repair priorities assigned to specific jobs. This is a record keeping failure. Where appropriate, we have referred to the landlord’s repairs procedure to consider the applicable timescales for the toilet and associated repairs.
  2. The landlord’s repairs procedure states that it is responsible for repairing toilets (not including toilet seats) and concrete floor finishes.
  3. On 21 November 2022, the resident informed the landlord that the toilet pan was “wobbling and not secure to the floor”. The landlord attended the property 14 working days later (on 9 December 2022). This was reasonable and in line with its repairs procedure, which stated it would attend to “defective sanitary sealants” and “minor joinery repairs” as a routine repair within 15 working days.
  4. The landlord’s repair records show that it was unable to undertake the repair on 9 December 2022. This was because an alternative trade (bricklayer) was required to attend to renew the concrete underneath the bathroom flooring as it had “gone soft and [caused it to] break away”. The landlord’s repairs procedure states that a repair category may be adjusted to a non–routine repair when an initial repair attendance results in more complex or substantial work being required to complete the repair in full. Based on the scope of work required in this instance, it is reasonable to assume that the landlord amended its repair priority to non-routine, with a target completion date within 90 days. However, as we have seen no evidence that the landlord informed the resident of the updated timescale, we find that it acted unreasonably. The importance of effective communication and management of expectations during the repair process is highlighted.
  5. Within the landlord’s stage 1 complaint response, it said that its repairs manager had stated that it had attempted to attend the property on 17 January 2023 to repair the toilet. However, it noted that it did not have any repair records to support these claims. This is a further record keeping failure in its handling of the repair. Without the documentary evidence to support the landlord’s claims, we cannot reasonably conclude that this appointment took place.
  6. The landlord attended the property on 21 March 2023 to commence the works. This was 84 working days (taking into account the Christmas bank holidays) from the date the resident first reported the repair. Taking into consideration the circumstances in this case (that there was only 1 toilet in the property), we find that it may have been reasonable for the landlord to complete the repair sooner. In mitigation, we have seen no evidence that it was obligated to do so, and ultimately the landlord adhered to the timescales outlined in its repairs procedure. We have also seen no evidence that the resident contacted the landlord about the repair during this period.
  7. The landlord’s internal records show that the resident “refused [it] access” on 21 March 2023, as she was unwell and awaiting an operation. The notes state that the resident would call the landlord to rearrange the appointment after her operation. Therefore, it was reasonable that that the landlord did not progress the repair until it received further instruction from the resident.
  8. The repair records suggest that the resident requested the landlord to raise the repair again on 4 May 2023. The landlord then attended the property 16 working days later (on 30 May 2023). However, the repair records state that the work could not be undertaken on this date as 2 trades (bricklayer and plumber) were required to attend the property at the same time. As the landlord had previously scoped the required works in December 2022, it was unreasonable that it failed to suitably reschedule the works. We find this was a failure in the landlord’s handling of the toilet repair and caused the resident avoidable inconvenience.
  9. The landlord attended the property again on 8 June 2023 and completed the required works (screeded concrete floor and reinstalled toilet). This was 24 working days from when the resident re-reported the repair, which was appropriate.
  10. On Friday 25 August 2023, the resident contacted the landlord to advise that the previous repair had failed, as the toilet pan was still loose. She stated that she was unable to use the toilet as it was unsafe, and that she was “forced to use a bucket”. She also informed the landlord that she was “vulnerable”. The landlord attended the property on Sunday 27 August 2023. The evidence suggests that the work that was undertaken during the appointment fully resolved the issue. Given the context of these reports, we find that the landlord should have attended to the repair within 24 hours (in line with its emergency repair timescales). However, it is positive that it significantly escalated its approach to the repair when made aware of the resident’s vulnerability and the impact of the situation on her.
  11. The landlord informed us that it did not have any vulnerabilities recorded on its systems for the resident. Therefore, when she informed it that she was vulnerable, we find that it would have been appropriate for the landlord to request further information from her. If the resident was comfortable disclosing the details, it could have captured this information, and then made an assessment of how the issue had impacted her when considering compensation.
  12. The resident’s tenancy agreement states that she is responsible for laminate flooring in the property. Additionally, the landlord’s repairs procedure states that the resident is responsible for vinyl or laminate flooring. Therefore, the landlord had no obligation to replace the bathroom flooring following the repair to the toilet. We acknowledge that the resident provided evidence that she had replaced the bathroom flooring 2 times previously, due to a leak. We therefore find that the landlord acted fairly and exercised appropriate discretion when it agreed to install new bathroom flooring in October 2023.
  13. Overall, we find that the landlord had made some reasonable attempts to resolve the toilet repair. However, we find there was service failure in the landlord’s handling of the matter. This is because on occasions, its communication with the resident was lacking and its record keeping was poor.
  14. An order of compensation has been calculated in line with the landlord’s compensation policy and our own guidance on remedies.

Complaint handling

  1. The Ombudsman’s Complaint Handling Code (‘the Code’) defines a complaint as “an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the landlord”. The landlord’s complaints policy also adopts this definition and confirms that the landlord follows the Code in its approach to complaints.
  2. On 30 May 2023, the resident’s daughter contacted the landlord to advise that she “wasn’t happy at all” that the appropriate trades had failed to attend the resident’s property for the toilet repair that day. The evidence suggests that the landlord appropriately by forwarding the details to the repairs team. However, in our opinion, the landlord should have also recognised the daughter’s comments as dissatisfaction and escalated the issue to a formal complaint, if the resident wished to do so. In mitigation, we accept that the landlord may have required authorisation from the resident before it could continue with the complaint. However, there is no evidence that it sought this.
  3. At the time of the complaint, the landlord operated a 2-stage complaints process. Stage 1 complaints were to be acknowledged within 5 working days and responded to within 10 working days. It did not stipulate a timeframe for stage 2 acknowledgement but stated that it would respond within 20 working days from the date of acknowledgement. Where these timescales were not possible, the policy stated the landlord would provide an explanation to the complainant, advising of the expected timescale for the response.
  4. The resident made a complaint on 11 September 2023. The landlord formally acknowledged the complaint on 3 October 2023. This was 16 working days later, and therefore outside of the timescales outlined in the Code and the landlord’s complaint policy. In mitigation, it was positive that the landlord had previously (on 11 September 2023) set realistic expectations by informing the resident that it was experiencing delays in its complaint handling. Nevertheless, we consider that the landlord’s communication about the expected length of delay could have been better, and that it would have been preferable to acknowledge the complaint promptly while advising the resident of its anticipated timeframe for the stage 1 response.
  5. The landlord issued its stage 1 response on 13 October 2023. This was appropriate as it was within 8 working days of the date of acknowledgment. The landlord apologised in its stage 1 response for its delays in acknowledging the resident’s complaint. Although its compensation policy applicable at the time of the complaint did not include a compensation calculation matrix, we find its offer of £50 compensation reasonable and in line with our own remedies guidance.
  6. The main element of the resident’s complaint was regarding the landlord’s handling of the damp and mould in the bathroom. It was positive that the landlord provided the resident with an action plan of the outstanding repairs in its stage 1 response. However, within both complaint responses it failed to adequately investigate its handling of the substantive issue. Although not obligated to do so, it is good practice for landlords to provide a timeline of events within formal complaint responses. This allows them to demonstrate that they have undertaken a comprehensive investigation and considered all the relevant facts within the case. It would have also been appropriate for the landlord to explain how it had responded to the resident’s reports of damp and mould in line with its legal and policy obligations. We find that its failure to be transparent within its responses was inappropriate and a failing in its complaint handling.
  7. The resident requested to escalate her complaint to stage 2 on 13 October 2023. The landlord acknowledged the complaint on 1 November 2023. This was 13 working days later, and therefore outside of the timescale stated in the Code. It was appropriate that the landlord apologised to the resident for the delay. However, it did not offer any further compensation at stage 2. We find its approach in this instance inconsistent with its approach at stage 1 and therefore find that it acted inappropriately in its complaint handling.
  8. The landlord issued its stage 2 response on 9 November 2023. This was appropriate as it was within 6 working days of the date of acknowledgment.
  9. The resident told the landlord that 1 of the reasons she wanted to escalate her complaint to stage 2 was because it had investigated and addressed matters that she had not requested it to (specifically repairs to the hallway flooring and bath taps). Within the resident’s initial request to make a complaint, it is noted that she did not reference any dissatisfaction with the hallway flooring. However, following a telephone call with the resident to discuss the complaint, the landlord sent an email to acknowledge the complaint and confirmed that it would also investigate its handling of the hallway flooring repairs. The resident later disputed this fact and said that she had told the landlord “3 times” during the call that she did not want it to investigate the handling of these issues. The landlord told the resident that it did not have access to the call recordings. Unfortunately, as these are 2 conflicting versions of events, and we have no documentary evidence to support either claim, we are unable to make an assessment of this matter.
  10. The Code states that at each stage of the complaints process, the landlord’s complaint handlers must give the resident a fair chance to set out their position. It is good practice for landlords to contact complainants to discuss the issues raised and the outcomes sought. However, we have seen no evidence that the landlord did so at stage 2 of its complaint process, which was inappropriate.
  11. The Ombudsman’s spotlight report on Attitudes, Respect and Rights highlights that landlords are sometimes seen to have a dismissive approach and lack of empathy towards residents. The formal complaint process should be an opportunity to reset the balance and restore the resident’s confidence in the landlord. However, we find the landlord’s stage 2 complaint response in this instance only reinforced the resident’s feelings of unimportance, as it lacked sufficient compassion and sympathy with her situation.
  12. Overall, we consider that the amount of compensation offered for the landlord’s complaint handling was low and did not account for all the failings identified within this report. It is for this reason that we have found maladministration in the landlord’s handling of the resident’s complaint. An additional order of compensation has been made, which is proportionate to the failings identified. It has been calculated in accordance with the landlord’s compensation policy as well as the Ombudsman’s remedies guidance.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was:
    1. Maladministration in the landlord’s handling of the resident’s reports of damp and mould in the bathroom.
    2. Service failure in the landlord’s handling of the resident’s reports of toilet repairs.
    3. Maladministration in the landlord’s handling of the resident’s complaint.

Orders and recommendations

Orders

  1. The landlord is ordered to do the following within 4 weeks of the date of this report:
    1. Provide a written apology to the resident for the failings identified within this report.
    2. Pay the resident £500 compensation. This must be paid directly to her and is made up as follows:
      1. £250 for its handling of her reports of damp and mould in the bathroom. This includes the £50 offered at stage 2, plus an additional £200 in recognition of the failures identified in this report.
      2. £100 for its handling of her reports of toilet repairs.
      3. £150 for its handling of her complaint. This includes the £50 offered at stage 1, plus an additional £100 in recognition of the failures identified in this report.

Recommendations

  1. It is recommended that the landlord contacts the resident to obtain accurate and up-to-date details of her vulnerabilities, including any health conditions she wishes to disclose, and ensures its records are updated accordingly.