Reading Borough Council (202323849)

REPORT

COMPLAINT 202323849

Reading Borough Council

22 November 2024

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. Repairs.
2. The resident’s reports of damp and mould.
3. The resident’s reports of a pest infestation.
4. The resident’s complaint.

Background

The resident is an assured tenant of the landlord. She lives in the property with her child.
According to the landlord, the resident raised a formal complaint to it on 16 May 2023. The complaint was about outstanding repairs, including loft insulation replacement, and damp and mould on her kitchen walls that had affected her kitchen cupboards. She also explained that the landlord’s contractor had missed numerous repair appointments, and that her loft needed clearing of rats. To resolve her complaint, the resident wanted the repairs completed, the rats cleared, and a kitchen replacement.
We have not been provided with a copy of the landlord’s stage one response, but understand that this was sent on 21 June 2023 and set out:
1. The resident’s kitchen was not due to be replaced.
2. Loft insulation would be replaced.
3. Its contractor had been attempting to access the property for repairs since November 2022, and a letter had been sent to the resident on 22 May 2022 asking her to make an appointment.
4. A number of other repairs that were required (including hacking off damp plaster in the kitchen).
The resident responded on the same day and asked for her complaint to be escalated. On 2 October 2023, the landlord issued its final response. It said:
1. Some repairs had been completed, but some remained outstanding.
2. It had not previously explained clearly what repairs it would be doing to the resident’s kitchen due to the mould, and was partially upholding this part of her complaint.
3. The last time its contractor visited about the pest infestation it confirmed there was no rat issue present, and no debris in the roof, so the landlord could not make a finding on this part of her complaint.
4. Its contractor did not keep records of missed appointments, and no dates or examples had been provided by the resident. However, it believed it was probable that the contractor had missed appointments, and so it was partially upholding this part of her complaint.
5. It would review its agreement with the contractor and recommended that the resident work with them to arrange repair appointments for the outstanding works, and that these should take place as soon as possible.
On 29 May 2024, the landlord confirmed to this Service that its contractor had visited the resident on 20 May 2024 to investigate the pest issue. It found that the problem was “severe”, and carried out work to mitigate the issue, including laying traps. It advised the resident to leave the traps for two weeks, and said it would carry out mitigation works after this period. It also said that a work specification for repairs was being drawn up and would be presented to the resident.
The resident remains dissatisfied with the landlord’s response. In her most recent contact with this Service she said that repairs remain outstanding. To resolve her complaint, the resident wants all repairs completed.
In a further update to this Service in November 2024, the landlord confirmed that the resident’s case remains ongoing.

Assessment and findings

The scope of the Ombudsman’s investigation

In her contact with both the landlord and this Service, the resident advised that the pest problem at her home had been ongoing for eight years, and issues with damp and mould ongoing since 2016. However, this report will not consider events from that time.
This is in line with paragraph 42c of the Scheme, which states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising. There do not appear to have been any formal complaints of damp and mould in the 12 months prior to the resident’s formal complaint in May 2023. Similarly, there is no indication of a formal complaint about a pest infestation in the 12 months prior to the formal complaint made in May 2023.
The Ombudsman encourages residents to raise complaints with their landlords at the time the events happened. This is because with the passage of time evidence may be unavailable and personnel involved may have left an organisation, which makes it difficult for a thorough investigation to be carried out and for informed decisions to be made. Taking this into account and the availability and reliability of evidence, this assessment has focussed on the period addressed in the landlord’s response to the resident’s May 2023 complaint.
The Ombudsman also notes that the resident has suggested that the issues in her home had negatively affected her and her child’s physical health. It is beyond the expertise of this Service to make a determination on whether there was a direct link between the landlord’s actions and the resident’s health. The resident therefore may wish to seek independent advice on making a personal injury claim if she considers that her health has been affected by any action or failure by the landlord. While we cannot consider the effect on health, consideration has been given to any general distress and inconvenience that the resident may have experienced as a result of any service failure by the landlord.

The landlord’s handling of repairs.

As part of this investigation, we asked the landlord to provide copies of its records relating to repairs, damp and mould, and pest control issues. To date it has not done so, which has hampered this investigation. In lieu of evidence from the landlord we have relied on the information and account provided by the resident.
The landlord’s website says it is responsible for the structure and outside of the building, and kitchen fixtures.
The landlord’s responsive repairs and maintenance policy says:
1. Urgent works are works that are not classed as emergencies, but which would cause a high degree of inconvenience over time. The landlord aims to attend these within 48 hours of them being reported.
2. Routine works are works that do not directly affect occupier’s use of the property or their safety and security, but which could be classed as cosmetic or a nuisance. The landlord aims to complete these within 15 calendar days of them being reported.
3. Specialist works with an agreed timeframe will be commenced within 40 days of being reported.
In her formal complaint to the landlord in May 2023 the resident reported issues with outstanding repairs to the kitchen, the floorboards in the bedroom, the back of the toilet and the rendering on the brickwork outside her bathroom, and the contractor not attending appointments for repairs as scheduled. In response, the landlord stated its contractor had been trying to gain access to the property for repairs since November 2022, but the resident had been unavailable. However, it also told the resident that it was unable to clearly evidence this, as the contractor did not keep a record of missed appointments. It also said in response to the resident’s complaint that it was probable appointments had been missed by the contractor.
Additionally, the resident has provided text messages from the landlord’s contractor sent to her confirming an appointment to carry out repairs on 31 August 2023, which she later told the landlord did not take place. Given the lack of evidence provided by the landlord and its acceptance that it was probable some appointments were missed by its contractor, we have found a failing here.
In its final response to the resident’s complaint in October 2023 the landlord also recognised that some repairs had been completed, but others remained outstanding. It said that these should be completed as soon as possible. Given the lack of repairs records or other evidence to show that repairs were completed in the timeframes as set out in the repairs policy or following on from this response, we have found a failing in this regard.
The landlord also explained that it had planned to carry out repairs to the kitchen as agreed with the resident, but had not communicated this to her properly. When it contacted this Service in May 2024 it confirmed that a schedule for repairs was being drawn up for presentation to the resident. We have not been provided with a copy of this schedule and so it remains unclear what repairs have been planned.
In her most recent contact with this Service the resident confirmed that as of August 2024 some repairs had been carried out, but others remained outstanding. The landlord has also confirmed that the resident’s case remains open, and has provided no further information to confirm that outstanding repairs have been completed.
Based on the limited information available, the resident appears to have been reporting repairs to the landlord for sometime, and as of at least August 2024, repairs remained outstanding. This was not in adherence with the timescales set out in its repairs and maintenance policy, and meant that the resident and her child were left in a property in disrepair for an unreasonable length of time, which would have likely caused the resident distress and inconvenience. Therefore, based on the information provided by both parties, the Ombudsman finds that there was maladministration by the landlord in its handling of repairs for which it will be ordered to pay an appropriate remedy.
The landlord has been ordered to pay the resident £400 in compensation to recognise the delays in handling repairs. This is in line with the Ombudsman’s remedies guidance for failures that a landlord has made some attempt to put right, but failed to address the detriment to the resident.
The landlord has also been ordered to complete a schedule of repairs for the outstanding work, with a timeline for completion, and present a copy to both the resident and this Service. A recommendation has also been made for the landlord to remind its contractors on the importance of clear record keeping in regard to appointments.

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

Landlords have a responsibility under the Housing Health and Safety Rating System, introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
The Ombudsman’s Spotlight Report on Damp and Mould provides recommendations for landlord’s, including that they should “adopt a zero-tolerance approach to damp and mould.”
The landlord’s website provides information for residents on how to manage damp and cold in their homes, and information on how to deal with existing condensation and mould growth, and avoid condensation.
The causes of damp and mould can vary and range from condensation as a result of moisture in the property but can also be indicative of leaks or structural issues as well as inadequate insulation and ventilation. The focus of the information the landlord provides to residents on condensation, damp, and mould, is on how they should manage and deal with the issue. As the root causes of damp and mould can relate to structural defects or aspects of the building that the landlord is responsible for, it is important that the landlord’s materials recognise this in order to strike the right tone. This approach is explained in the Ombudsman’s Spotlight Report. A recommendation has been included below for the landlord to read this report and review the information it provides to residents to ensure it does not put the onus solely on them to address the issue.
Due to the lack of repair records or other evidence, it is unclear when the resident first raised concerns about damp and mould in the kitchen affecting the kitchen cupboards. However, she raised this as a concern in her May 2023 complaint. An appointment for mould treatment then appears to have been arranged by the landlord for September 2023, some four months later, however the outcome of this is unclear. In her contact with this Service in August 2024, the resident confirmed the issue had not been resolved. In lieu of any evidence from the landlord to the contrary, we have found a failing in its handling of this issue.
In addition, the landlord has provided no information to show whether it investigated and identified the cause of the damp and mould, which would have been appropriate and what this Service would expect a landlord to do in response to damp and mould problems. This likely caused the resident further distress and inconvenience, and the Ombudsman therefore finds that the landlord was responsible for maladministration in its handling of damp and mould.
Subsequently, the landlord has been ordered to pay the resident £300 in compensation to recognise the stress and inconvenience caused to the resident by the delays. This is in line with the Ombudsman’s remedies guidance for maladministration where a failure has had a significant impact on the resident. An order is also made to carry out an inspection, identify the cause and resolve.

The landlord’s handling of the resident’s reports of a pest infestation

The landlord’s website states that treatments are available to residents for rats and mice problems. A single course of treatments consisting of three visits is offered.
In her complaint to the landlord in May 2023, the resident told it she had ongoing problems with rats at her home, and that the loft space needed clearing of “dead rats and their mess.”
In its final response to her complaint in October 2023, the landlord said a previous visit from its contractor confirmed that there were no signs of rat issues at the resident’s home. However, the landlord has provided no information to confirm when this visit took place, and it has provided no report that supports such a finding.
In addition, the landlord confirmed to this Service that in a further visit to the resident in May 2024, its contractor confirmed there was a “severe” rat issue in the resident’s loft, and set out traps for two weeks. It also confirmed that after the two weeks, works would be done to seal the resident’s roof. This would indicate that the conclusions of the previous contractor visit may have been incorrect. From the limited information available it appears that it took the landlord an unreasonable length of time to address this issue. This would have understandably caused the resident distress and concern, particularly as she was living at the property with her child.
The Ombudsman therefore finds that there was maladministration by the landlord in its handling of the resident’s reports of a pest infestation. The landlord has been ordered to pay the resident £200 in compensation. This is in line with the Ombudsman’s guidance for failures which have adversely affected a resident.
The landlord has also not provided any information to confirm the issue has been dealt with, or that the roof has been sealed. A further order has therefore been made for the landlord to confirm with a supporting report from its contractor that the issue has been dealt with. A copy of the report must be provided to the resident and this Service.

The landlord’s handling of the resident’s complaint

The Ombudsman’s Complaint Handling Code (Code) is a guidance document that sets out the Ombudsman’s expectations for how landlords should handle complaints. The Code encourages landlords to adopt a positive complaint handling culture that enables them to resolve disputes, improve the quality of the service it provides to residents and ensure that complaints provide an opportunity for learning and positive improvement.
In line with the Code, the landlord must acknowledge a complaint at stage one of its process within five working days and supply a written response within 10 working days from the date of acknowledgement. It must also acknowledge a stage two complaint within five working days and supply a written response within 20 working days.
The resident raised her stage one complaint on 16 May 2023, and it was acknowledged by the landlord on the same day. It then issued its stage one response on 21 June 2023, 26 working days after the complaint was raised. No explanation has been given for the delay, and there is no information to show that the landlord told the resident there would be a delay in responding.
The resident escalated her complaint on 21 June 2023, and the landlord again acknowledged it on the same day. It then issued its stage two response on 2 October 2023, 74 working days after the complaint was escalated. Again, no explanation has been given for the delay, and there is no evidence that the resident was told there would be a delay in responding.
The Code states that any delays in providing a complaint response must not exceed an additional 10 working days without good reason. The delays experienced by the resident prevented her from being able to bring her complaint to the Ombudsman Service for an unreasonable length of time.
The landlord failed to handle the resident’s complaint in line with the Code, causing further frustration for the resident in prolonging the complaints journey. Therefore, the Ombudsman finds that the landlord was responsible for service failure in its complaint handling.
An order has been made below for the landlord to pay the resident £100 in compensation. This is in line with the Ombudsman’s remedies guidance for failures which a landlord has failed to acknowledge or put right.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of:
1. Repairs.
2. The resident’s reports of damp and mould.
3. The resident’s reports of a pest infestation.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s complaint.

Orders and recommendations

Orders

Within four weeks, the landlord is ordered to:
Pay the resident a total of £1,000 in compensation. This should be paid directly to the resident, and not offset against any arrears. This compensation comprises of:
1. £400 for its failures in regard to repairs.
2. £300 for its failures in regard to the resident’s reports damp and mould.
3. £200 for its failures in regard to the resident’s reports of a pest infestation.
4. £100 for its failures in handling the resident’s complaint.
The landlord must inspect the property and complete a schedule of repairs for the outstanding repair work, and present a copy to both the resident and this Service. Any works as identified as required to resolve the repairs should be completed within two months of the date of the survey.
The landlord must carry out a survey (by a suitably qualified person) of any ongoing damp and mould at the property, identifying the cause. A record should be made of the inspection, it’s findings and any recommendations, and shared with this Service and the resident. Any works as identified as required to resolve the issue should be completed within two months of the date of the survey.
The landlord must confirm with a supporting report from its contractor that the pest issue has been dealt with. A copy of the report must be provided to the resident and this Service.
The landlord must provide the Ombudsman with evidence of compliance with the above orders.

Recommendations

The landlord should remind its contractors of the importance of accurate record keeping for repair appointments.
The landlord should read the Ombudsman’s Spotlight Report on Damp and Mould report and review the information about damp and mould that it provides to residents, to ensure it does not put the onus solely on them to address the issue.