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Places for People Group Limited (202303263)

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REPORT

COMPLAINT 202303263

Places for People Group Limited

24 April 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:
    1. Reports of damp and mould.
    2. Request to be rehoused.
    3. Associated complaint.

Background

  1. The resident has an assured tenancy for a 2 bed bungalow, which began on 22 October 2021.
  2. The landlord is a housing association. It was aware of the resident’s vulnerabilities.
  3. The resident reported she had damp and mould to the landlord on 3 March 2022. She said there were damp patches in her kitchen and bedroom, and the walls were wet to the touch.
  4. The resident told us she made a complaint to the landlord in February 2023 about it’s handling of the damp and mould. The landlord’s records show it contacted the resident on 13 April 2023 and said it was sorry she was dissatisfied with its service.
  5. The landlord’s surveyor carried out a damp and mould survey on 2 May 2023. It said there was no evidence of penetrating damp, but there was a small amount of visible mould spotting in both bedrooms. It recommended the following works:
    1. Install a new fan in the bathroom.
    2. Service the kitchen fan.
    3. Carry out a mould wash and redecorate both bedrooms.
    4. Overhaul the gutters and downpipes.
    5. Top up loft insulation if required.
  6. We contacted the landlord on 1 September 2023 and asked it to respond to the resident’s complaint.
  7. The landlord issued its stage 1 complaint response on 24 September 2023. It partially upheld the complaint and said:
    1. It acknowledged there was a delay in completing the works recommended by its surveyor. This was due to confusion on who would carry out the works. A member of its staff would oversee the outstanding works.
    2. It apologised that it cancelled an appointment on 11 September 2023. This was because the plumber was unwell and parts were not ready.
    3. The resident’s situation did not meet the criteria for a management transfer. It advised her on alternative housing options.
    4. It wanted to offer the resident £250 compensation. Which was broken down as £50 for missed appointments and £200 for the delays and the distress and inconvenience caused.
  8. The resident escalated her complaint on 17 October 2023 as she was unhappy the landlord would not rehouse her.
  9. The landlord issued its stage 2 complaint response on 9 November 2023. It said it agreed with the decision made at stage 1.
  10. The resident asked us to investigate the complaint as he was unhappy with the landlord’s response.

Events after the landlord’s complaints procedure

  1. The council inspected the resident’s property on 12 December 2023 and 13 March 2024. It served an improvement notice on the landlord on 3 June 2024. It listed 3 category 1 hazards due to excess cold and 3 category 2 hazards due to the damp and mould.
  2. The landlord replaced the windows in the resident’s property on 14 June 2024.
  3. The landlord carried out a damp and mould survey on 20 June 2024. The resident reported damp and mould around the kitchen, the two bedroom windows, and the bathroom window. The surveyor recommended the following works:
    1. Windows should be stripped back to brick, and an application of thermal board, and a skim coat of plaster applied. The rooms should then be redecorated.
    2. The wall behind the kitchen fan requires the timber section to be removed and the wall filled with brick(s), plasterboard, and a skim coat of plaster. The wall should then be decorated.
    3. The wet room requires a full strip out, and a period of drying time. When dry it should be reconstructed with new flooring, toilet, shower, toilet, shower rail and curtain, and any associated pipework and drainage.
    4. A PIV unit should be installed to improve ventilation and air quality.
    5. Clean guttering.
    6. Repoint external brickwork.
    7. Internal and external inspection of roof.
    8. Leak detection/drain survey.
  4. The resident has told us:
    1. The landlord decanted her 5 times in 2024 while it carried out repair works.
    2. Her belongings were put in storage and some personal items went missing.
    3. When the windows were replaced they were not fitted correctly.
    4. Operatives damaged her carpet when carrying out repairs.

Assessment and findings

Scope of the investigation

  1. This investigation will focus on the landlord’s handling of the issues the resident raised in her complaint between March 2022 and November 2023. This is when the resident first reported the damp and mould up to the landlord’s final complaint response.
  2. The resident raised issues with us about her fence and rubbish in her garden. These issues were not raised in the resident’s complaint dated September 2023. Paragraph 39.a. of the Scheme says we will not investigate complaints which are made prior to having exhausted the landlord’s complaints procedure. The landlord needs to be provided with the opportunity to investigate and respond to these issues before we can consider them. The resident will need to contact the landlord and, if appropriate, raise a separate complaint to get these matters resolved. If the resident remains dissatisfied once she has received the landlord’s final response, she could refer the matter to us.
  3. The resident has said the damp and mould impacted her health. We can consider whether a landlord’s actions or lack of action has caused any distress and inconvenience to the resident. However, we are unable to establish whether the resident’s health and wellbeing was impacted. This would be down to a court to decide.

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

  1. We find maladministration for the landlord’s handling of the resident’s reports of damp and mould. The reasons for my findings are below.
  2. The landlord’s repairs policy states it will respond to emergency repairs within 24 hours, appointable repairs within 28 days, and planned repairs within 90 days.
  3. The resident told the landlord her property was damp on 3 March 2022. The landlord contacted the resident on 28 March 2022. This was 18 days later, which resulted in the resident chasing a response twice. On 11 April 2022 the landlord carried out a mould wash and applied stain block. The landlord’s records state the damp was from a previous leak. There was no evidence it investigated the resident’s reports that the walls were wet to the touch.
  4. On 22 November 2022 the resident reported damp and mould in her bathroom and a leak from her bedroom window. On 24 November 2022 the landlord provided advice on how the resident could remove the mould herself and sent her a condensation leaflet. The resident told us she felt she was initially blamed for the damp and mould.
  5. The landlord inspected the resident’s property on 12 January 2023, 52 days later. The landlord was responsible for updating the resident, setting expectations of what works were needed, and notifying the resident if delays were expected. The landlord did not do this which led to the resident chasing updates. The landlord also failed to keep a record of the outcome of this survey.
  6. The landlord carried out works to the resident’s extractor fans on 13 March 2023. The resident contacted it the same day and raised concerns that this alone would not resolve the damp and mould. The landlord agreed to carry out a damp and mould survey, which was completed on 2 May 2023. This was 14 months after the resident initially reported damp and mould in her home. Although it was reasonable for the landlord to refer the matter to a specialist, it should have done this sooner. Especially as it was aware of previous leaks in the property, and had carried out works in April 2022 which had not resolved the damp and mould.
  7. The landlord updated the resident on the outcome of the survey on 17 July 2023, over 2 months later. This led to the resident chasing an update 4 times. Some of the recommended works were completed on 7 August 2023, 98 days after the survey was completed. This was outside its target timescale of 28 days. The landlord told the resident it was experiencing delays due to a high number of resident enquiries. The landlord should have systems in place to ensure it can adhere to its repairs policy and legal obligations.
  8. While complex repairs can take longer than the timescales outlined in the repairs policy, there were avoidable delays in investigating the damp and mould and carrying out the recommended works. The landlord acknowledged this in its stage 1 response dated 24 September 2023. While it was positive the landlord recognised its failings, it failed to outline what repairs were outstanding and what action it would take to ensure it did not happen again.
  9. In the stage 1 complaint response the landlord apologised that it had cancelled an appointment to replace the double glazed units in the resident’s windows. It said this was due to the units not being ready. It replaced the windows on 14 June 2024, 9 months later. It was unclear from the landlord’s records when the decision was made to replace the windows. There was no evidence the landlord chased the works or kept the resident updated.
  10. The landlord’s stage 2 complaint response failed to investigate the outstanding repairs. The resident was left in a position where she did not know when the damp and mould issues would be resolved. This was not customer focused.
  11. The landlord was aware the damp and mould was having an impact on the resident’s health. She repeatedly told it she was struggling with her breathing and it was affecting her mental health. She provided a letter from her GP in June 2023 and her son wrote to the landlord in August 2023 expressing his concerns. There was no evidence the landlord assessed the level of risk and that it considered all options available to it to support the resident during the complaints procedure. Such as a decant assessment and signposting to appropriate tenancy support services.
  12. At the time of this investigation the landlord has not provided evidence that all the recommended works from the survey carried out on 2 May 2023 were completed. After the expiry of the landlord’s complaint procedure the council served an improvement notice dated 3 June 2024. The landlord also completed a further damp and mould survey on 20 June 2024. They both raised concerns about the repointing and cavity wall insulation. These issues were highlighted to the landlord in May 2023, over a year prior to this. The landlord acted unreasonably by failing to be proactive in resolving the complaint.
  13. In summary there was a significant delay in the landlord investigating the cause of the damp and mould and carrying out recommended works. At the date of this investigation it is unclear if all the works have been completed. There was evidence of poor communication and record keeping. The landlord failed to consider the risks and the resident’s vulnerabilities, and did not offer her appropriate support. The landlord apologised and offered the resident £250 compensation for the delay and 2 missed appointments. This does not reflect the time, trouble, distress and inconvenience caused to the resident. An order has been made to pay the resident an additional £550, in line with the landlord’s compensation policy.

The landlord’s handling of the resident’s request to be rehoused

  1. We find no maladministration for the landlord’s handling of the resident’s request to be rehoused. The reasons for my findings are below.
  2. The landlord’s management transfer policy states it will only move residents in urgent circumstances. And when a resident cannot be moved by the council or through its transfer policy. It states in exceptional circumstances it would consider a management transfer where a property was in disrepair and a decant was not an appropriate option.
  3. The landlord’s record keeping was poor and does not make it clear when the resident asked to be rehoused. The resident sent the landlord a letter from her doctor on 20 June 2023, which supported her to be rehoused due to the damp and mould and her needing family support. The resident told us on 4 July 2023 that the landlord had said it would not rehouse her.
  4. In its stage 1 response dated 24 September 2023 the landlord explained the resident did not meet the criteria for a management transfer. It was appropriate for the landlord to say this as it was taking steps to address the damp and mould and her circumstances would not be deemed as ‘urgent’ or exceptional’ under its management transfer policy. The landlord acted reasonably by explaining the housing options available to the resident and advising her she could contact it to discuss these further.
  5. The resident has said she would like the landlord to move her as a resolution to her complaint. We would not order the landlord to move a resident as part of our investigation. We do not have access to information about the availability of suitable vacant properties owned by the landlord or details of other tenants waiting to move who may have higher priority for rehousing. 

The landlord’s handling of the resident’s associated complaint

  1. We find service failure for the landlord’s handling of the resident’s associated complaint. The reasons for my findings are below.
  2. The landlord’s complaint policy states when it receives a complaint it will consider whether it can ‘put it right’ within 24 hours. If this is not possible it will acknowledge complaints within 5 working days and issue a stage 1 response within 10 working days. It will acknowledge an escalation of a complaint within 3 working days and issue a stage 2 response within 20 working days.
  3. The resident initially showed dissatisfaction with the landlord’s services in April 2023. The landlord acknowledged this on 13 April 2023 under its policy to put things right within 24 hours. There was no evidence it contacted the resident within 24 hours or attempted to resolve the complaint within this timescale. The landlord acted inappropriately by failing to open a stage 1 complaint at this time.
  4. The landlord accepted and acknowledged a stage 1 complaint on 1 September 2023, 5 months later. This was after we contacted the landlord. There was no evidence the landlord contacted the resident to discuss the complaint. In line with our complaints handling code a landlord should give the resident a fair chance to set out their position.
  5. The landlord issued its stage 1 response on 24 September 2023. This was outside its target timescale of 10 working days. There was no evidence the landlord contacted the resident to explain the reason for the delay.
  6. The resident escalated her complaint on 13 October 2023. The landlord acknowledged this on 17 October 2023, which was within its 3 working day timescale. The landlord acted appropriately by contacting the resident to discuss the complaint on 24 October 2023.
  7. The landlord issued its stage 2 complaint response on 9 November 2023. This was within its target timescale of 20 working days.
  8. The landlord’s complaint responses covered the resident’s complaint issues. However, the evidence did not show it fully investigated the outstanding works needed to resolve the damp and mould and it did not tell the resident how it was going to put things right. The resident was left without a resolution to her complaint.
  9. In summary there was a delay in the landlord accepting the complaint and issuing its stage 1 response. The complaint responses failed to state what action it was taking to put things right. There was evidence of poor communication and record keeping. The landlord did not acknowledge these failings in its complaint responses and therefore failed to show it had learnt from the complaint.

Determination

  1. There was maladministration in the landlord’s handling of the resident’s reports of damp and mould (paragraph 52 of the Scheme).
  2. There was no maladministration in the landlord’s handling of the resident’s request to be rehoused (paragraph 52 of the Scheme).
  3. There was maladministration in the landlord’s handling of the resident’s associated complaint (paragraph 52 of the Scheme).

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this report the landlord must:
    1. Apologise to the resident in writing for the failings identified in this report.
    2. Pay the resident £700 compensation. This is broken down as:
      1. £550 for the distress, inconvenience, time and trouble caused to the resident by the landlord’s handling of her reports of damp and mould.
      2. £150 for the distress, inconvenience, time and trouble caused to the resident by the landlord’s handling of her associated complaint.
    3. Confirm to the resident and our service if all the works outlined in the council’s improvement notice, and the landlord’s damp and mould survey dated 20 June 2024, have been completed. It must provide evidence of when the works were carried out. If there are any outstanding works, the landlord must contact the resident to explain why these have not been done. It must agree a timescale within the next 8 weeks in which it will produce an action plan with the resident detailing the outstanding works and estimated timescales for when these will be completed.
    4. Consider if any reasonable adjustments need to be in place for the resident due to her vulnerabilities. Discuss with the resident her preferred method of contact and ensure this is recorded on her file.

Recommendations

  1. The landlord should review its practices in relation to decants. It should ensure its staff are trained to recognise residents’ vulnerabilities, understand when and how they should consider a decant, and are communicating this effectively with residents.
  2. The landlord should review its record-keeping practices. If it has not done so already, it should consider implementing a knowledge and information management strategy, in line with the Ombudsman’s spotlight report on knowledge and information management.
  3. The landlord should contact the resident to discuss her concerns about the windows being fitted incorrectly and causing further issues with damp and mould.
  4. If it has not already done so, the landlord should contact the resident to discuss the damage to her carpet and her missing personal items. It should consider whether she could make a claim through its liability insurance. Alternatively the resident may wish to make a claim through her contents insurance or seek a remedy through the courts.