Midland Heart Limited (202421885)

REPORT

COMPLAINT 202421885

Midland Heart Limited

28 July 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:
1. The resident’s report of damp and mould and requests for associated repairs.
2. Window repairs.
3. The residents associated complaint.

Background

The resident is an assured tenant of the property, a first-floor flat owned by the landlord. He has ongoing mental health conditions and asthma.
The resident reported issues with the condition of the window frames and seals in the property to the landlord on 29 August 2023. He reported an uncontainable leak into the property from the rear guttering on 4 December 2023. It attended on 4 and 5 December 2023 to make the leak safe and raised further works to clean and repair the guttering on 10 December 2023.
On 11 December 2023 the resident complained to the landlord about the condition of his property. He said the serious leaks had led to worsening mould growth since 4 December 2023. He reported other outstanding repair issues which included the windows needing sealing.
The landlord sent its stage 1 complaint response to the resident on 6 February 2024. It said it attended on 12 December 2023 and found no leaks but did find condensation and mould by the windows. It completed a mould treatment on 28 December 2023. It had surveyed the property twice since and raised works to repair the windows, install vented roof tiles, and install kitchen and bathroom extractor fans. It said it would be allocating this to a contractor within 10 working days for the contractor to arrange an appointment.
On 6 March 2024, the resident called the landlord to express his dissatisfaction about its lack of contact with and updates to him. He raised further concerns about the ongoing issues and damage to his property on 27 June, 5 July, and 29 July 2024.
The landlord sent its stage 2 complaint response to the resident on 8 August 2024. It acknowledged that it did not complete the required damp and mould repairs within its service level time frame of 90 days. It gave a new date of 15 August 2024 to complete all outstanding works. It apologised for poor communication and offered compensation totalling £1,523.50, broken down as follows:
1. £750 for the delay in completing repairs and the inconvenience and impact this caused the resident.
2. £100 for poor communication and complaint handling.
3. £673.50 as a contribution towards the resident’s damaged items.
The resident remained dissatisfied with the landlord’s approach to repairs and brought his complaint to this Service for investigation. He is seeking an increased offer of compensation and the completion of works in the property.

Assessment and findings

Scope of investigation

The resident told us the issues in this case affected his asthma and mental health. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights into the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an injury, oral testimony can be examined in court. Therefore, this element to the resident’s complaint is better dealt with via the court.

Damp and mould

Following the resident’s report of an uncontainable leak on 4 December 2023, the landlord attended within 24 hours. Its repairs policy specifies a 24-hour emergency repair service for repairs necessary to prevent danger to life and property. It did not find an active leak but raised follow-on works for 18 December 2023 to assess the roof for any leaks. It was appropriate for it to attend within this time to make the leak safe and to raise further exploratory works.
The landlord raised works to clean and repair the guttering at the property on 10 December 2023. It completed this on 11 December 2023. This was a prompt and positive response.
In the resident’s complaint of 11 December 2023, he raised concerns about mould growth following leaks into the property. He told the landlord about his asthma and said he felt the mould was a hazard under the Housing Health and Safety Rating System (HHSRS). He asked that it take the necessary steps to address the ongoing issue and arrange further inspections.
Landlords need to make sure their homes are safe, warm, and free from hazards. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. They must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved. The resident may wish to approach his local authority’s environmental health team for more advice on the HHSRS.
From the evidence provided, the resident’s complaint included his first report of damp and mould. The landlord has a damp and mould policy which says that upon the first report of damp and mould, it will aim to complete an anti-fungicidal wash down treatment within 14 days. It aims to complete any associated repairs within 28 days.
On 18 December 2023, the landlord attended the property to assess the roof for leaks. However, it did not do this and instead completed a further clean to the guttering. It is unclear why it did not inspect the roof, but this led to delays in inspecting the ongoing issues.
The landlord attended the resident’s property on 28 December 2023 to complete a damp and mould treatment. He reported that the damp and mould had returned on 18 January 2024. Due to this, it arranged to inspect the property on 1 February 2024. This action was in line with its damp and mould policy, which says if a resident makes a further report of damp and mould after it has completed a treatment, it will complete a full damp and mould survey.
During the landlord’s inspection on 1 February 2024, it said it needed to install vented roof tiles at the front and rear of the property, along with a kitchen and bathroom extractor fan. It also raised works to complete anti-fungicidal treatments, install tiling on the bathroom wall, insulation in the loft and dehumidifiers throughout.
In the landlord’s stage 1 complaint response of 6 February 2024, it apologised to the resident for its failure to inspect the roof on 18 December 2023. It advised him of the works it identified during its inspection on 1 February 2024 and said it would be allocating these to a contractor within the next 10 working days. It said it would continue to oversee the complaint and the repairs and would award compensation once it had completed all repairs.
The landlord’s offer to complete works and oversee the repairs through to completion was positive. Its decision not to award compensation until it completed repairs was fair in these circumstances as it would be able to accurately calculate for the impact on the resident once it completed works.
The resident chased the landlord for an update on 6 March 2024 as it had left him waiting for information about the repairs. It chased its contractor the following week and they said the contact number provided for the resident did not work. They scheduled an appointment for 22 and 23 March 2024. However, it has provided no evidence of whether the contractor attended this or completed any works on these dates.
On 1 May 2024, the landlord’s contractor confirmed they installed an extractor fan in the bathroom at the resident’s property but said there was no space to install a kitchen fan. While the landlord’s repairs policy does not specify a timeframe for routine repairs, industry standard is around 28 days which it had exceeded in this case.
In communications with this Service on 7 July 2025, the resident disputed that there was not enough space to install a kitchen fan. It is fair of a landlord to rely upon the expert opinion of its contractors. However, its own surveyor initially recommended the installation. Therefore, it is unclear why the surveyor felt this was achievable and its contractors did not.
The landlord inspected the property on 31 May 2024 and found that works remained outstanding. It recalled these to its primary contractor. On 5 June 2024, it noted there was no evidence of it installing the required vented roof tiles. This was 4 months since it found the need for these and while these were more complex works, it appeared to have made little effort to begin or provide a start date. There is little evidence it continued to oversee the repairs between 6 February and 5 June 2024 as outlined in its stage 1 response.
The resident contacted the landlord on 27 June 2024 to report outstanding works and request compensation for damaged items. He chased it for a response on 1 and 5 July 2024. It responded on 5 July 2024 and confirmed it had escalated his complaint to stage 2 of its process.
In its stage 2 complaint response of 8 August 2024, the landlord apologised for delays in completing works. It said its contractor would attend the resident’s property to complete the kitchen fan installation and loft insulation works on 15 August 2024. It appropriately signposted him to mental health support services and said its surveyors had not found the property uninhabitable. It offered compensation of £750 for damp and mould repair delays and a further £673.50 as a contribution towards damaged items.
Overall, the landlord’s complaint response was fair and appropriate. This Service’s dispute resolution principles are to be fair, put things right and learn from outcomes. Its offer of compensation was fair and in line with its compensation policy for severe failure on a significant, long-term issue. Its provision of a date for works made steps to put things right. However, it did not show any learning from the outcomes in this case.
While the landlord’s response was fair, there is no evidence it completed the promised works on 15 August 2024. When the resident asked this Service to investigate in late August 2024, he reported that works remained outstanding. The landlord’s inspection report from 11 February 2025 supports this claim. As such, a finding of maladministration is appropriate.

Window repairs

On 29 August 2023, the resident reported problems with the condition of the window seals and frames to the landlord. It raised works and marked these as complete, but it is unclear when it completed this from the evidence provided. In his complaint of 11 December 2023, he said it was yet to seal the windows following a failed call out when he had COVID-19. He said it had not returned since.
On 18 December 2023, the landlord raised further works for window repairs. It attended and renewed the friction hinges on 15 January 2024. On 18 January 2024, it raised works to assess all windows in the property due to bowed glass and the units being draughty. It cancelled these works as an administration error.
At this time, the landlord was aware of the resident’s concerns about the condition of the windows. It had not acted upon these in line with its repairs policy which says it will aim to complete most repairs within one visit and make appointments for any follow up visits, keeping customers informed.
During its property inspection on 1 February 2024, the landlord found it needed to overhaul the windows due to gaps around the edges and the units needing new hinges. It confirmed this in its stage 1 response of 6 February 2024, saying it would be allocating these to a contractor within the next 10 working days. It said it would continue to oversee the complaint and the repairs and would award compensation once it had completed all repairs.
The landlord’s contractor reported they completed works to the windows on 23 April 2024. However, after escalating his complaint on 27 June 2024, the resident reported that works remained outstanding on 5 July 2024. The landlord’s repair records were unclear throughout this investigation with it marking jobs as complete without giving a completion date. This may have led to confusion over the status of required works.
In the landlord’s complaint response of 8 August 2024, it noted that its surveyor identified the need to overhaul (refurbish or repair) the windows in its survey on 1 February 2024. It said its contractor told it they completed all works on 8 May 2024, but the resident said this was not the case. It said its contractor would attend on 15 August 2024 to repair a window hinge.
The landlord made clear that its offer of compensation was for damp and mould works, however, it is not fair to include window works within this because it did not address the issue in its complaint response. There is no evidence that the landlord has completed works to repair the gaps around the window frames as found in its survey of 1 February 2024.
The resident reported to this Service on 8 July 2024 that the window issues remain unresolved and the landlord’s inspection report from 11 February 2025 supports this. We recommended he make a new complaint to the landlord about any ongoing issues. However, it did not address these repairs effectively throughout the complaint period, nor did it address this in its complaint responses. Therefore, a finding of maladministration is appropriate, and we will make an order for further compensation in relation to this matter.

Complaint handling

The landlord has a 2-stage complaints process. It will acknowledge new complaints at stage 1 within 5 working days and will aim to provide a response within 10 working days. When a resident escalates their complaint to stage 2, it will aim to provide a response within 20 working days. At both stages, it will agree any extensions to these timescales with the resident.
The resident complained to the landlord on 11 December 2023. He contacted it on 18 December 2023 and 18 January 2024 because he had not received an acknowledgement. The landlord failed to acknowledge his complaint within the 5 working day policy timescale.
The landlord provided its stage 1 complaint response to the resident on 6 February 2024, 38 working days after his complaint. This far exceeded its 10-working day policy response time and there is no evidence it agreed an extension with him. It did not apologise for this delay in its response, nor did it provide any form of redress. This was not reasonable. It did not act in line with its compensation policy which says it should consider compensation for distress and inconvenience for poor complaint handling. Based on the policy, an offer between £50 and £100 would have been reasonable.
There is evidence to suggest the resident tried to escalate his complaint on 6 March 2024, when he called the landlord to express dissatisfaction with its lack of contact and updates. However, it did not record this as an escalation request.
On 27 June 2024, the resident formally requested escalation of his complaint to stage 2. The landlord acknowledged the complaint on 5 July 2024 and said it would ensure it sent a response no later than 26 July 2024. However, on 29 July 2024, the resident email it for an update because he had not received a response. It was only after receiving this email it said it would respond by 12 August 2024. This was not in line with this Service’s Complaint Handling Code (the Code) which says when a response to a complaint will fall outside the timescales set out in the Code the landlord must agree with the resident suitable intervals for keeping them informed about their complaint.
In its stage 2 response of 8 August 2024, the landlord acknowledged the resident had contacted it several times to try and speak to the complaints officer. It said it did not do this within its service level timeframe of 5 working days. It apologised for poor communication and offered compensation of £100 for this and poor complaint handling.
Overall, the landlord’s stage 2 acknowledgment of its poor complaint handling was reasonable. However, its offer of compensation only accounted for its stage 2 failures and did not include its failures at stage 1. Therefore, a finding of service failure is appropriate. We will make a further compensatory order to bring the offer in line with its compensation policy.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s handling of:
1. The residents report of damp and mould and requests for associated repairs.
2. Window repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in respect of the landlord’s complaint handling.

Orders and recommendations

Orders

Within 28 days of this report, the landlord must:
1. Pay the resident compensation totalling £2,573.50, comprising:
  1. £750 for repair delays as previously offered in its stage 2 complaint response if it has not done so already.
  2. £550 to account for the distress and inconvenience caused by the delays since the end of the complaint procedure.
  3. £673.50 contribution towards damaged items as previously offered in its stage 2 response if it has not done so already.
  4. £100 for poor communication and complaint handling as previously offered in its stage 2 response if it has not done so already.
  5. £100 additional compensation for the failures identified in its stage 1 complaint handling.
  6. £400 additional compensation for the failures identified in its handling of window repairs.
2. Apologise to the resident for the failures identified in this report and include any steps it has taken, or intends to take, to prevent similar failures occurring.
3. Provide the resident and this Service with a date for the installation of roof vent tiles.
4. Provide the resident and this Service with a final decision about the installation of a kitchen fan including any reasons for this decision.
Within 4 weeks of this report, the landlord must:
1. Instruct a surveyor to conduct a full survey of the property.
2. Contact the resident and arrange a mutually convenient time to complete the survey. The survey must be completed within the next 4 weeks.
3. The surveyor must inspect the property with respect to the damp and mould and the windows. The surveyor must:
  1. Take photographs of the property.
  2. Comment on whether the property is fit for human habitation based on the windows and damp and mould.
  3. Consider if there is any disrepair or defects which require repair works.
  4. Consider if the property needs any recommended works which will prevent the damp and mould.
  5. Complete a full and thorough survey report to provide to the landlord.
The surveyor must provide their report to the landlord within 5 working days of the inspection. The landlord must then provide the resident and this Service with a copy within 5 working days of receipt. The report must set out:
1. A full schedule of works, including likely timescales to complete the repairs.
2. Whether the property is fit for human habitation and whether there are any category 1 or 2 hazards in respect of the windows and damp and mould.
3. Whether the resident and their household can remain in the property whilst it completes the works.
4. Whether further exploratory inspections are required and what they are.
Within 10 working days of receiving the report, the landlord must book in the repairs or any further exploratory inspections with the resident. The landlord must take all available steps to ensure the works start promptly within 12 weeks of the date of this report.

Recommendations

This Service recommends that the landlord investigate whether there are more robust ways of recording repair completion dates to ensure clarity on the status of outstanding repairs. It may wish to self-assess against recommendations made in the Knowledge and Information Management (KIM) spotlight report published by this Service in May 2023.