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Leeds City Council (202326662)

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REPORT

COMPLAINT 202326662

Leeds City Council

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:
  1. management of the resident’s concerns about the temporary accommodation condition
  2. handling of the resident’s reports of repairs in the kitchen in her property
  3. handling of the resident’s reports of damp and mould in her property
  4. handling of the resident’s request for reimbursement of energy bills incurred during her stay in temporary accommodation
  1. We have also considered the landlord’s complaint handling

Background

  1. The resident is a secure tenant of the landlord, a local authority. She lives in a 3-bedroom property with her 3 children.
  2. In February 2022, the landlord completed bathroom repairs in the resident’s property. During a post-inspection on 15 March 2022, mould was identified in the property, and work was ordered to install an extractor fan in the bathroom, passive vents in the bedrooms, and an antifungal mould treatment.
  3. In October 2022, following the resident’s reports of multiple cracks in her property, the landlord instructed a structural engineer to inspect it. The inspection found that the kitchen’s ground-bearing floor was uneven, so it was recommended that it be replaced with a suspended timber floor. Due to the lack of access to the kitchen during the work, the landlord arranged to move the resident temporarily. 
  4. The landlord found a temporary property, for the resident, which she accepted in early May 2023. The resident inquired if the landlord was installing carpets in the temporary property. She expressed concerns regarding registering utilities at the temporary address and whether she might need to pay utilities at both properties.
  5. The resident moved into the temporary property on 23 May 2023. A pre-start inspection of her property was completed on 26 May 2023. However, work could not start because the property was not fully cleared of belongings. The resident was asked to clear the property, causing a 3-week delay.
  6. On 2 June 2023 the resident reported a leak in the temporary property. After 2 visits, the leak was traced to a central heating pipe running beneath the kitchen ceiling and resolved on 7 August 2023.
  7. The resident complained to the landlord on 6 August 2023. She said:

Temporary property

  1. the condition of the property was poor
  2. she had difficulties with accessing the stairs because of a stairlift in the property
  3. she felt the landlord was neglectful to the repairs and did not take her concerns seriously because of the ‘colour of her skin’

Kitchen repairs in her property

  1. she was frustrated because, while the kitchen work was being done on her property, the landlord would not replace the kitchen sink, which she claimed was rotten. Additionally, she noted that other cupboards were misaligned, which she said could have been replaced during the repair work

Damp and mould in her property

  1. she had reported damp and mould in her property, which she said was affecting her health

Energy bills

  1. she mentioned that she was not told to stop paying utility bills for her property while residing at the temporary address, and she reported experiencing financial strain due to managing energy bills for 2 properties
  1. On 14 August 2023, the landlord issued a verbal stage 1 response, acknowledging the following delays: 
    1. a 3-week delay due to the property being uncleared
    2. an additional 2-week delay caused by material shortages and contractor availability

The landlord apologised for the inconvenience caused and asked for a utility bill to reimburse the energy expenses (it is unclear for which address it was referring to).

  1. On 30 August 2023, a joint inspection of the resident’s property occurred, and plans were made for her return. On 11 September 2023, the resident followed up on her complaint from August 2023, repeating her concerns. She mentioned that she was unsure if the landlord received her initial complaint.
  2. On 10 October 2023, the landlord issued a stage 2 response. It confirmed:

Temporary property

  1. it had laid carpets, connected the resident’s cooker and tried to make the resident comfortable during her temporary stay
  2. despite visits in June and July 2023, it could not diagnose the cause of the leak straight away. It was eventually resolved on 7 August 2023 and it offered £150 for the distress this had caused
  3. the resident had been in the temporary property for 16 weeks, longer than the expected 4-6 weeks due to:
    1. 3-week initial delay 
    2. 9 weeks for repairs 
    3. 2-week delay while the resident was on holiday 
    4. 2 weeks to allow the resident to redecorate 

Repairs to kitchen

  1. a joint inspection on 30 August 2023 confirmed the kitchen sink unit was repairable 
  2. further repairs were agreed upon, including minor plastering and a new internal door, which were completed on 5 and 18 October 2023

Damp and mould

  1. an inspection in March 2022 found mould, which it said was caused by condensation and orders for extractor fans, passive vents were completed in May and June 2022. The antifungal treatment was completed in August 2022
  2. it offered £100 for the delay in completing the antifungal treatment

Energy bills

  1. it acknowledged that it may not have been explained that the resident needed to contact her energy providers about her temporary move. It recalculated the costs incurred while in the temporary property and offered £150, which it said covered standing charges and usage 
  1. In December 2023, the resident asked us to investigate her complaint. To resolve her complaint, she asked that the landlord fully reimburse the electricity costs for either the temporary or main property for the duration of her stay, increase the £250 offered for the distress and delays, fully assess the kitchen cupboards, and treat the damp and mould.

Assessment and findings

Scope of investigation

  1. Despite the resident reporting damp and mould issues since 2017 and kitchen floor problems since 2021, our assessment will concentrate on events starting in March 2022. At that time, the landlord addressed the damp and mould issues, along with her reports of cracks in October 2022. This led to her complaint in August 2023, which continued until October 2023 when the landlord issued its stage 2 response.
  2. In her correspondence to the landlord, the resident said that the landlord’s handling of the repairs and the reported damp and mould worsened her health. Often, when there is a dispute over whether someone’s health has been impacted, the courts rely on expert evidence from the parties involved. This allows expert opinions on the cause of any reported health effects. This would be a more appropriate way of considering such an allegation, and if the resident wishes to pursue this matter, she should seek independent advice.

Management of the resident’s temporary accommodation issues

  1. Under the landlord’s Decant policy, the landlord is expected to ensure that temporary accommodation is suitable and to take reasonable steps to minimise disruption. The repairs policy also requires that repairs be completed within specified timeframes to reduce inconvenience. The policy confirms that plumbing issues affecting a resident’s comfort should be resolved within 3 working days.
  2. In October 2022, following reports of cracking at the property, the landlord acted appropriately by commissioning a structural engineer to inspect. The subsequent recommendation to replace the uneven ground-bearing floor with a suspended timber floor was reasonable and aligned with the landlord’s repairs policy, which requires the landlord to ensure the property remains safe and usable.
  3. Considering the expected disruption and how it would affect the resident’s kitchen use during repairs, the landlord offered a temporary move in early May 2023. This offer aligned with the decant policy, allowing temporary relocation due to repairs compromising essential facilities. The landlord’s decision to offer a temporary move was reasonable, recognising the potential impact on the resident’s use of her kitchen.
  4. The resident inspected the property before agreeing to the temporary move and requested that the landlord install carpets on 24 April 2023. The landlord took proactive and reasonable measures to make the temporary property suitable by laying carpets and ensuring the resident’s cooker was connected on 23 May 2023.
  5. In her complaint, the resident expressed concerns about the stairlift in the temporary property, which she said impeded her access to the stairs. The temporary property agreement that the resident signed states in section 1.4 that she agreed to accept the temporary property based on the current provision of facility and amenity. Furthermore, it would not be reasonable or proportionate to expect the landlord to remove an adaptation for a short-term stay, making the landlord’s response appropriate.
  6. The resident reported a leak in the temporary property on 2 June 2023, which was not resolved until 7 August 2023, a delay of more than 9 weeks, which exceeded the response times outlined in the repairs policy. Although the landlord visited in June and July 2023, the delay in resolving the issue was a failure. The leak affected the residents’ comfort, which the landlord acknowledged by apologising and offering £150 compensation, which aligns with what we would typically order for similar delay failures.   
  7. During her complaint, the resident expressed concern that her repair reports while staying at the temporary property were not taken seriously due to the ‘colour of her skin’. We have reviewed the evidence, and while the resident did make other repair reports while she was in temporary accommodation they were logged and responded to. There was no indication of bias or unfavourable treatment in how the landlord handled the repairs.
  8. Regarding the length of stay in temporary accommodation, although the original expectation was 4-6 weeks, the landlord appropriately explained the extended 16-week stay. The initial 3-week delay was due to the resident not clearing the property, which was within her control. The resident signed the ‘temporary move’ agreement, which confirmed in section 1.5 that she agreed to remove all personal belongings and allow unrestricted access to the permanent home to the landlord and its contractors to carry out work.  The resident was asked to reattend and remove her personal belongings, which caused delays in the commencement of work until 20 June 2023.
  9. The landlord also reasonably accounted for the repair period and the further time granted for the resident’s personal circumstances and included a gesture of goodwill, allowing the resident to remain in the temporary property to redecorate before moving back in. 
  10. In light of this, we are satisfied that the landlord provided reasonable redress for the failure it identified in handling the leak while the resident was in temporary accommodation.

Reports of repairs to the kitchen

  1. In her complaint on 6 August 2023, the resident raised concerns about the condition of her kitchen units, specifically a damaged kitchen sink unit she believed was rotting. She also felt other cupboards were misaligned and should be replaced while the landlord completed the kitchen work. 
  2. The joint inspection was delayed until 31 August 2023, which was outside of the landlord’s control. The resident was away on holiday, and her husband cancelled the earlier date of 17 August 2023.
  3. In its stage 2 response, the landlord confirmed that a joint inspection had been completed with the resident on 31 August 2023. The inspection found that the sink unit had superficial damage but remained safe and repairable and would not be replaced. The findings of superficial damage and confirmation that the sink remained safe and repairable supported the landlord’s position that repair rather than replacement was appropriate. We expect landlords to act reasonably and proportionately based on assessments; therefore, the landlord’s response was reasonable.
  4. The landlord identified additional repairs on 31 August 2023, which were completed within the landlord’s 20-working-day timeframe for non-urgent repairs. It was also reasonable for the landlord to ask the carpenter to realign the kitchen cupboards while installing the internal door.
  5. Therefore, we have found no maladministration in the landlord’s handling of the kitchen repairs as it appropriately investigated and reached a reasonable decision based on inspection findings completed agreed repairs within policy timeframes, and took proportionate action to address concerns about the kitchen cupboards.

Reports of damp and mould

  1. The landlord’s damp and mould policy outlines that damp and mould should be properly investigated and proactive steps taken to identify and resolve underlying causes. This aligns with our Spotlight report on Damp and Mould (2021), which emphasises the need for a zero-tolerance approach to damp and mould.
  2. Following an inspection in March 2022, the landlord found mould in the bathroom and bedrooms caused by condensation. In response, the landlord raised work orders to install an extractor fan in the bathroom and passive vents in the bedrooms, as well as carry out an antifungal paint treatment.
  3. According to the landlord’s stage 2 complaint response, the ventilation works were completed in May and June 2023. However, this was inconsistent with the dates logged in its repair records, which confirm the vents were installed on 12 July 2023 and the extractor fan on 23 August 2023 a delay of 4 and 5 months. This represents a failure as the work for non-urgent repairs was completed outside of the landlord’s 20-working-day timeframe. 
  4. The landlord acknowledged that the antifungal treatment was not completed until 25 August 2023, 5 months after it was raised. The landlord apologised and offered the resident £100, which was appropriate. It explained that mistakes had been made at that time due to a high volume of repairs.
  5. Because the landlord did not acknowledge the failure to complete works to install the fans within its policy timeframes, we have identified a service failure in the landlord’s handling of the damp and mould and ordered the landlord to pay £200 to reflect the cumulative delays. This replaces the landlord’s original offer of £100 and more accurately reflects the impact on the resident’s living conditions, her health concerns, and the reported distress and inconvenience caused.

Request for reimbursement of energy bills while in temporary accommodation

  1. As part of her complaint, the resident raised concerns that she was incurring energy costs at both her permanent and temporary properties. She reported that it had caused her financial strain and asked the landlord to reimburse her utility bills in full for the period.
  2. In consideration of this, it is relevant to refer to the temporary agreement signed by the resident, which included clause 1.9, which states:

‘You agree to pay for all gas and electricity consumed or supplied at your temporary home for the duration of your occupation.’

  1. This clause clearly states that the resident was responsible for utility bills at the temporary property. The landlord’s information confirms that it would cover the costs of energy bills for the resident’s main home while work was being undertaken.
  2. The landlord acknowledged that its first communication with the resident lacked transparency and recognised the uncertainty over who should contact energy providers. Additionally, the landlord pointed out the confusion about accountability for the 3-week delay caused by belongings left in the property. It was appropriate for the landlord to address this in its stage 2 response and acknowledge that it could have resulted in the resident facing additional costs charges.
  3. The landlord confirmed that it would cover the utility charges incurred for her primary property when the repairs were undertaken. Additionally, the landlord demonstrated a reasonable and fair approach by evaluating the energy usage while the resident resided in the temporary property and offering a sum of £150 to account for the usage. It is important to note that the landlord was not required to take this action. Consequently, we have identified reasonable redress in the handling of this matter.

Complaint handling

  1. The landlord has a 2-stage complaints process, ensuring that a response is given within 10 working days at stage 1 and within 20 working days at stage 2.
  2. On 6 August 2023, the resident complained. According to the landlord’s complaints policy, a response is expected within 10 working days. The evidence confirms that instead of providing a written stage 1 response, the landlord gave a verbal update on 14 August 2023. While verbal updates can be helpful for informal resolution, the landlord did not confirm in writing that this conversation constituted a formal stage 1 complaint response. This was not in line with its policy, and fell short of the expectations set out in our Complaint Handling Code (the Code), which requires landlords to:
  1. clearly communicate when a formal complaint is being investigated
  2. provide a written response must be issued for each complaint stage, clearly referencing the outcome and the resident’s right to escalate if dissatisfied
  1. Due to lack of a clear formal response, the resident resent her original complaint on 11 September 2023. She raised concerns that her emails were not being delivered and she asked for her complaint to be acknowledged. Although the landlord subsequently treated the matter as a stage 2 complaint and issued a response within the 20-working day timeframe, the confusion caused by the absence of a clear stage 1 response was notable.
  2. We found no evidence to support the resident’s suggestion that the landlord was experiencing email delivery issues at the time. The evidence also does not explain why the landlord did not provide a written stage 1 response via email or post. This lack of communication likely led to the resident’s frustration and perception that her complaint had not been handled correctly. 
  3. Therefore, we have found a service failure in the landlord’s handling of the complaint and have ordered the landlord to pay £50 in recognition of the distress and inconvenience this caused.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in handling of the resident’s reports of repairs in the kitchen in her property.
  2. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, reasonable redress was offered in the landlord’s handling of:
    1. management of the resident’s concerns about the temporary accommodation condition
    2. the resident’s request for reimbursement of energy bills incurred during her stay in temporary accommodation
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was a service failure in the landlord’s handling of:
  1. the resident’s reports of damp and mould in her property
  2. the resident’s complaint

Orders

  1. Within 4 weeks of the date of this report the landlord must provide evidence that it has:
  1. apologised in writing to the resident for the failures we have identified
  2. paid the resident:
    1. £200 for the distress and inconvenience caused by the failures identified in relation to its handling of the damp and mould, inclusive of the £100 already offered
    2. £50 for the distress and inconvenience caused by the failure identified in the complaint handling
    3. the money should be paid directly to the resident
  1. confirmed the reasons why logging and responding to the complaint were not handled according to its complaints policy 
  2. the improvements it had made to ensure that repairs are completed within the designated timeframes, including how delays are communicated effectively

Recommendations

  1. We recommended that the landlord pay the resident:
    1. £150 as offered for the time taken to resolve the leak while the resident was in the temporary property
    2. £150 as offered to cover the energy bills while in temporary accommodation
  2. Reasonable redress findings were made on the basis that this money has or will be paid.