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LiveWest Homes Limited (202314328)

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REPORT

COMPLAINT 202314328

LiveWest Homes Limited

5 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

  1. The complaint is about the landlord’s handling of:
    1. Damp and mould at the resident’s property.
    2. The associated complaint.

Background

  1. The resident was an assured tenant of the landlord at the time she submitted her complaint. However, the resident is now a leaseholder of the property, as she purchased the property through the right to acquire process.
  2. On 29 November 2022, the resident submitted a right to acquire application to the landlord to purchase her property.
  3. On 10 January 2023, the resident contacted the landlord and reported issues with damp and mould in her bedroom and living room.
  4. On 20 March 2023, the resident submitted her complaint to the landlord. She explained she was unhappy with the inspection carried out by the landlord’s operative. The resident stated the landlord’s surveyor told her damp was not an issue as breathing can cause damp. They also suggested that she leave the windows open even during winter.
  5. The landlord provided its interim stage 1 complaint response to the resident on 28 March 2023. It explained it had spoken to the surveyor who inspected her property, and they apologised for the information provided to the resident. The landlord confirmed its surveyor had raised the necessary works and its operative attempted to visit the resident’s property, but she was not at home. It explained it had booked an appointment for 31 May 2023 to treat the mould in the resident’s kitchen and around her boiler. In addition, the landlord also explained that it had booked works for 7 June 2023 for render repairs around the doors and windows and sealant around the windows. Also works to renew the plaster and paint.
  6. On 30 May 2023, the resident contacted the landlord and explained she wanted her complaint to be escalated to the Ombudsman due to lack of communication from the landlord.
  7. On 25 April 2023, the resident emailed the landlord with a copy of an independent surveyor’s report following an inspection she arranged of her property.
  8. The landlord provided its stage 1 complaint response to the resident on 23 June 2023. It explained it had agreed to provide the resident with a copy of its surveyor’s report and apologised there was a delay in sending it to her. The landlord confirmed it had previously completed some works at the resident’s property and had arranged for the completion of the outstanding works. The landlord offered the resident £125 compensation. This included £75 for complaint handling delays and £50 goodwill gesture for delays in providing an update on the works and providing a copy of its surveyor’s report.
  9. On 20 July 2023, the resident requested her complaint to be escalated to stage 2 of the landlord’s complaints process. She explained she would like the resident to complete the repairs to resolve the damp. Also, she stated she would like increased compensation and a rent refund to recognise the delay of her right to acquire application.
  10. The landlord provided its stage 2 complaint response to the resident on 8 August 2023. It explained it had previously attended the resident’s property to carry out mould treatment and rendering works. The landlord confirmed it completed some of the repair works, but it could not complete the rest of the works. It stated that the resident requested the remaining works not to be completed as she had an independent surveyor visiting the property to carry out an inspection. The landlord confirmed it would rearrange an appointment for the outstanding works to be completed, which was recommended by its own surveyor. It explained that the resident’s independent valuation of her property for her right to acquire application included consideration of tenant improvements. The landlord offered the resident £100 compensation to recognise the delays in booking an inspection following the resident’s initial damp and mould report. The £100 offered was in addition to the £125 compensation the landlord offered in its stage 1 complaint response.
  11. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated her desired outcome was to receive increased compensation for the distress and inconvenience, including a 4-month rent refund. In addition, the resident explained she would like the landlord to complete the works recommended by her independent surveyor or the landlord to pay the resident for works so she can arrange for these to be completed herself.
  12. In February 2024, the resident purchased her property through the right to acquire process and became a leaseholder of the property.
  13. On 24 May 2024, the landlord sent us its file submission on this complaint. It explained that it could not continue to offer to complete the repairs, which its surveyor agreed, as it was not insured to undertake the works since the resident purchased the property. However, instead it was offering a payment equivalent to the value of the works, which it had assessed as between £300- £400. Therefore, it confirmed its offer was £400 compensation, so the resident could complete the works. The landlord confirmed this was in addition to £225 compensation it offered in its stage 2 complaint response.

Assessment and findings

Scope of investigation

  1. The resident has mentioned as part of the complaint that the damp and mould impacted her health due to having asthma. We acknowledge the resident’s comments about her health. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s health. It would be more appropriately suited for a court or liability insurer to investigate this as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant health risk, particularly for those with respiratory conditions such as asthma. This service can consider the general risk, and any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her health.

Policies and Procedures.

  1. The landlord’s damp and mould policy explains the landlord has a risk-based approach to the management of damp and mould which is set out in its operational procedure. The policy also states depending on the severity and history of the damp and mould, it will take a case management approach. This will include both removing the damp and/or mould hazard and investigating and addressing the root cause problem.
  2. The landlord’s repairs policy states it will respond to an emergency repair within 24 hours and aims to provide an appointment for all responsive repairs within 28 days.

 

  1. The resident’s right to acquire offer letter states while a right to acquire application remains active, the landlord would only carry out major essential repairs to the resident’s property, such as structural faults. The letter also states a resident would be excluded from any planned improvement programmes such as replacement windows and heating installation.

Damp and mould at the resident’s property.

  1. On 29 November 2022, the resident submitted a right to acquire application to the landlord to purchase her property. Shortly after the resident submitted her application, she contacted the landlord on 10 January 2023 and reported damp and mould within her property. The landlord acknowledged the resident’s report promptly and emailed her on 12 January 2023 to confirm its surveyor would attend her property as soon as possible.
  2. Following the landlord acknowledgement email, there was a delay in the landlord’s surveyor carrying out the damp and mould inspection. The inspection was not carried out until 20 February 2023. The Ombudsman would have expected the landlord to arrange a surveyor inspection sooner than it did, particularly as when the resident initially reported the damp and mould, she told the landlord she had asthma.
  3. The damp and mould inspection identified mould in the kitchen and plaster damage in the bedroom and living room. In addition, the paintwork was flaking around the window and the door reveals. The surveyor recommended mould treatment and repairs to the render. Also, renewing the sealant and repairing gaps around the rear windows and front door.
  4. Shortly after the inspection, the resident submitted her complaint to the landlord on 20 March 2023. The resident explained she was unhappy with the inspection carried out by the landlord’s surveyor.
  5. On 27 March 2023, the landlord sent the resident an offer letter in response to her right to acquire application. On the same day, the landlord’s contractor attended the resident’s property to complete a mould wash. However, the contractor could not access the property because the resident was not at home. The Ombudsman recognises the difficulty accessing to the property would have been outside the landlord’s control.
  6. The landlord provided the resident with its interim stage 1 response on 28 March 2023. The landlord confirmed its surveyor apologised for the information given during the inspection. In addition, the landlord explained it had booked an appointment for May and June 2023 for the works recommended by its surveyor to be completed. The landlord responded reasonably by apologising for the information provided to the resident. In addition, it took the relevant steps by booking in appointments for the works.
  7. Shortly after, the landlord changed the appointment for the repairs to an earlier date. The appointment was for 20 April 2023 and the landlord’s contractor attended on the agreed date. The contractor treated the mould around the kitchen boiler. completed render repairs, and the renewal of silicon around the windows. The landlord’s contractor could not complete the remaining recommended works because the resident asked for these not to be completed. This was because the resident had arranged for her own independent surveyor to carry out a damp and mould inspection at the property. The landlord acted appropriately by attempting to carry out all the works recommended by its surveyor.
  8. On 21 April 2023, the resident’s independent surveyor carried out an inspection. The inspection was only for the rear wall of the living room and bedroom. The resident’s surveyor stated the cavity wall insulation had caused dampness. He recommended the installation of a cavity membrane lined with insulated plasterboard and a skim finish. Shortly after, the resident sent the landlord a copy of the independent surveyor’s report. It is recognised that the resident’s and landlord surveyor’s recommendations were different. However, the landlord was entitled to rely on the expertise of its own qualified surveyor in assessing the damp and mould in the property. If the landlord followed its surveyor’s advice and this did not resolve the problem, it would then be expected to take further measures until the damp and mould was resolved.
  9. In May 2023, the resident contacted the landlord for an update on the review of the independent surveyor report she provided. Shortly after, in June 2023, the landlord responded with an additional stage 1 complaint response. The landlord apologised for the delay in responding to her update requests. It also confirmed that it was willing to complete the outstanding works recommended by its own surveyor. The landlord offered the resident £50 compensation for its delay in responding to her update requests and any inconvenience caused. It was a positive step that the landlord apologised for the delays in its communication and provided compensation for this.
  10. On 5 July 2023, the resident accepted the landlord’s offer for the property and agreed to complete the purchase via her right to acquire application. Following this, on 21 July 2023, the landlord contacted the resident to book an appointment for the outstanding works. However, the resident declined the works as she did not think it would resolve the damp issue. The landlord acted reasonably by attempting to rebook an appointment for the outstanding works.
  11. The landlord provided its stage 2 complaint response to the resident on 8 August 2023. It explained it planned to complete the repairs recommended by its own surveyor and then review the effectiveness of the repairs. The landlord confirmed it would still be willing to complete the outstanding works. It also explained that the independent valuation obtained on her property as part of her right to acquire application included consideration of any tenant improvements. The landlord explained the resident had the option to dispute the valuation or withdraw her application and reapply once she had resolved the issues with her flat. The landlord provided a reasonable response, as it was entitled to rely on the expertise of its own qualified surveyor. In addition, it confirmed it would review the effectiveness of the works after completion. This was an appropriate step. The landlord provided the resident with a range of options, including withdrawing her right to acquire application, which was reasonable.
  12. The landlord also offered £100 compensation to the resident in its stage 2 complaint response. This was to recognise the delay in inspecting the resident’s property following her initial damp and mould report. The compensation was in addition to the £50 it offered in its stage 1 complaint response for communication delays. The landlord’s compensation offer was sufficient to recognise the delays. It also complies with the Ombudsman’s approach to compensation set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £100 to £600 where there has been a failure by the landlord which adversely affected the resident, but there was no permanent impact.
  13. The work recommended by the landlord’s own surveyor remained outstanding. The works included renewing the plaster work around the bedroom and living room windows, adjacent wall, and rear door. This was because the resident had not agreed to the completion of the works. In February 2024, the resident purchased her property through the right to acquire process and became a leaseholder of the property. Following this, the landlord explained it could not continue to offer to complete the outstanding works as it was no longer insured to undertake the works on her property. This was due to the resident purchasing the property and becoming a leaseholder. However, the landlord stated it would offer a compensation payment equivalent to the value of the works.
  14. The landlord confirmed it had assessed the value of the outstanding works proposed by its own surveyor as being between £300- £400. Therefore, it was offering £400 compensation for the works. The offer was in addition to the compensation amount the landlord offered in its stage 2 complaint response. The Ombudsman recognises that the additional offer made by the landlord in May 2024 was after the resident had exhausted the landlord’s complaints process. However, the £400 compensation offer was a replacement for the repair works it had previously agreed to complete during the complaints process. In addition, the landlord tried to complete the works on several occasions prior to the resident purchasing the property. Therefore, it was not obliged to offer a compensation payment for the value of the works. Also, during the complaints process, it offered the resident a reasonable amount of compensation to recognise its delays. The compensation offered to the resident is compliant with the Ombudsman’s Remedies Guidance referenced above. The compensation proportionately reflects the impact of the delay and distress and inconvenience on the resident, and it amounts to reasonable redress in this case.

The associated complaint.

  1. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy states that it will respond to a stage 1 complaint within 5 working days and a stage 2 complaint within 7 working days.
  2. In addition, the landlord’s complaints policy references a 2–stage complaints process.
  3. The resident submitted her complaint to the landlord on 20 March 2023. Following this, the landlord provided an interim stage 1 complaint response to the resident on 28 March 2023. The landlord’s response was on time and compliant with the timescales referenced in the Code and the landlord’s complaints policy.
  4. On 30 May 2023, the resident contacted the landlord and explained she wanted to escalate her complaint to the Ombudsman, due to the lack of response from the landlord. Shortly after, the landlord provided the resident with an additional stage 1 complaint response on 23 June 2023. The landlord providing 2 stage 1 complaint responses was not compliant with its own complaints policy or the Code. It also delayed the resident from bringing her complaint to the Ombudsman as she needed to wait for the landlord’s stage 2 response before contacting us.
  5. On 20 July 2023, the resident contacted the landlord and asked her complaint to be escalated to stage 2 of its complaints process. Shortly after, the landlord provided its stage 2 complaint response to the resident on 8 August 2023. The response was on time and compliant with the timescales referenced in the Code.
  6. It is positive that the landlord acknowledged its complaint handling error in providing 2 stage 1 responses and offered the resident £75 compensation to recognise the inconvenience caused. The compensation offered to the resident complies with the Ombudsman’s Remedies guidance. The remedies guidance suggests awards of £50 to £100, where there was a minor failure by the landlord in the service it provided, and it did not appropriately acknowledge these and/or fully put them right. The compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress in this case.

Determination (decision)

  1. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the complaint about damp and mould at the resident’s property.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the landlord’s complaint handling satisfactorily.

Recommendations

  1. It is recommended that the landlord pay the resident its original offer of £225 compensation made during its complaint process and its additional offer of £400 it told us about in May 2024, if it has not already done. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.