Settle Group (202330572)

REPORT

COMPLAINT 202330572

Settle Group

12 June 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 reports of damp and mould.
2. Repairs to the bathroom.
3. Repairs to the kitchen draws.
4. The resident’s reports of an infestation of silverfish.
This service has also considered the landlord’s complaint handling.

Background

The resident is an assured tenant of the landlord. She moved to the property in June 2022 and has a joint tenancy with her partner. The property is a 2 bedroom first floor flat built in 2016. The landlord is a housing association.
The resident first reported mould in the bathroom on 2 February 2023 and the landlord arranged to carry out an inspection. It completed this on 7 March 2023. It recorded that there was “minor damp” in the bathroom. The inspection recommended that it check the ventilation to the bathroom and carry out a mould wash. The landlord’s contractor checked the ventilation system on 12 June 2023 and found it was in working order. The resident contacted the landlord for an update on the mould wash on 13 and 22 June 2023. In her correspondence on 22 June 2023, she reported further repairs. These included a report that the “kitchen draws had started to fall apart”. The landlord raised a repair order for the kitchen draws on 28 July 2023.
The resident raised a formal complaint with the landlord on 9 August 2023. The landlord acknowledged her complaint on 16 August 2023. It carried out a damp and mould inspection on 23 August 2023 that found “small amounts [of mould growth] on the bathroom walls and ceiling”.
It provided a stage 1 complaint response on 11 September 2023. The landlord recorded that her complaint was about the time taken to address the condensation and mould within her home, the lack of information given to her and the quality of the inspection carried out. In its reply the landlord said:
1. Following her contact on 2 February 2023 it had initially arranged an inspection appointment for 17 February 2023. It had rearranged this at her request to 7 March 2023. The inspection noted only a minor area of damp in her bathroom and recommended follow on works.
2. It acknowledged that there had been a delay in it arranging the follow on works. It had escalated this to its damp and mould team. On 3 May 2023 it had booked an appointment to carry out the damp and mould wash on 28 September 2023.
3. Its contractor had checked the bathroom ventilation system on 12 June 2023. The contractor confirmed that the ventilation system was clear of obstruction and working. It had removed and cleaned the filters.
4. It completed a further inspection on 23 August 2023, and it had found further works were needed to the bathroom.
5. It was sorry for the length of time taken to complete the works to her home. It confirmed that it would undertake work on 28 September 2023 to “re–skim plaster around bathroom radiator and repaint and carry out mould treatment to bathroom walls and ceiling”. It would then complete any follow up works on 3 October 2023. It provided a named officer who would have oversight of the works to completion.
6. It offered her £200 compensation. This was in recognition of the service she had received, and the time and trouble caused to her.
The landlord emailed its stage 1 complaint response to the resident on 11 September 2023. Within its cover email it gave an update on her reported repairs to the kitchen draws and the pop up waste to the basin. It confirmed that it had ordered the required materials, and it would book an appointment with her once it had received these.
The resident completed a new webform which highlighted the outstanding repairs to the kitchen draws and the pop up waste. This set out that she was still waiting for the landlord to carry out these repairs, which she believed it should have completed before she moved into her home. She further reported that she had found silverfish in her home. This document is undated within the evidence provided by the landlord but is included as her complaint escalation request. The landlord escalated the resident’s complaint and acknowledged this on 2 October 2023. The resident followed up with the landlord on 9 and 15 October 2023. The landlord spoke with and wrote to the resident on 30 October 2023 extending the time for its response to her stage 2 complaint. In her reply to the landlord on the same date, the resident set out the issues that remained outstanding. These included a damp smell in the bathroom by the bath panel, her report of silverfish in the property, repairs to the kitchen draws, painting in the bathroom and cracking to the grouting/sealant in the bathroom.
The landlord completed a property inspection on 3 November 2023 and agreed further works to the resident’s bathroom. It listed these as:
1. “Grout around the window.
2. Remove sealant and reseal around the bath.
3. Remove the bath panel, check for leaks, and renew.
4. Paint underneath the sink area”.
The landlord emailed the resident on 7 November 2023 following a telephone conversation the previous day. This set out the schedule of works it would undertake and included details of its proposed compensation. It provided its written stage 2 complaint response on 10 November 2023. It set out the detail of her complaint. It confirmed that it had completed the repair works set out in its stage 1 complaint response. It noted that the resident had reported further concerns about damp on 9 October 2023, together with issues of silverfish and outstanding works to her kitchen draws. It apologised that there remained outstanding repairs and that there had been a lack of communication with her about the progress of these. It said that it was keen to resolve these issues for the resident and was working with her to arrange convenient times to do so. It confirmed the action it had taken in inspecting the property and set out the schedule of works it had agreed. This was as follows:
1. It had ordered replacement draws from its supplier and once it received these it would confirm an appointment with her.
2. Its specialist pest control contractor would contact the resident to arrange a convenient time to attend to address the reported issue of silverfish.
3. It would further investigate her concerns of damp around the bath area and replace the bath panel. It would also carry out works to renew the silicone around the bath, re grout those areas that were cracked and repaint around the sink. Its contractors would contact her to schedule a date to start the works, with a view to start the week beginning 13 November 2023. Its repairs team would keep her updated.
Within its stage 2 the landlord said that it would keep her complaint open until it had completed all the works. It further considered its offer of compensation at stage 1 of £200. It noted the issues that the resident had raised with it and the history of multiple repair appointments since moving to her property. It offered her a further £400. It broke this down as:
1. £150 for the added time and trouble she had experienced since its stage 1 complaint response.
2. £50 for unclear and missed appointments.
3. £200 for the delays in completing repairs promptly.
In an email to the landlord dated 21 November 2023, the resident confirmed that its contractor had attended on 17 November 2023 and completed the works to her bathroom. Its pest control contractor attended on 17 November 2023 and carried out follow up visits in December 2023.

Events after the end of the landlord’s complaints process

On 26 November 2023 the resident reported new patches of damp on the wall and expressed her concern that the beams under the bath were mouldy. In consultation with the resident the landlord arranged to undertake a property inspection on 4 January 2024. Following this visit, it arranged a further check of the ventilation system, together with a check under the bath. The landlord’s electrical contractor attended on 7 February 2024. They increased the flow on the ventilation system and changed the filters. It completed checks to the area under the bath on 27 March 2024. The landlord has told us that the resident confirmed to it on 12 May 2024 that she was satisfied that it had completed all the damp and mould works.
The landlord continued to investigate the presence of silverfish in the resident’s home and instructed contractors to carry out necessary treatment, raising a further order in January 2024. The landlord has told us that it has also contacted neighbouring properties to investigate the issue more widely.
It completed the repairs to the kitchen draws on 24 January 2024. The landlord has said that these were non-standard items that it had to order from the kitchen manufacturer.
The landlord wrote to the resident on 22 March 2024 acknowledging that the resident remained dissatisfied with the speed of repairs and the communications received following her stage 2 complaint. It confirmed the further works that it would be carrying out, including the investigation of the area under the bath for signs of damp. In recognition of the delays in resolving all the issue noted in its stage 2 complaint response, it offered an added £150 in compensation for the time and trouble experienced. It further said that it would contact her to discuss any outstanding repairs and the silverfish treatment.
This service spoke with the resident on 29 May 2025. She confirmed that the landlord had completed repairs to her home. It was continuing to monitor the humidity levels and has undertaken further servicing of the ventilation system. She said that she was still experiencing issues with silverfish, although the numbers have reduced. She expressed concern as to the accuracy and effectiveness of the treatment it carried out. The landlord has further told us that it has focused on balancing the heating and ventilation system. It has installed sensors into the property that show a reduction in humidity levels.

Assessment and findings

The resident’s reports of damp and mould.

The landlord has a responsibility under the Housing Health and Safety Rating System (HHSRS), 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 must 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 (published October 2021) recommends that landlords should ensure that their responses to reports of damp and mould are prompt and reflect the urgency of the issue.
Over the past few years, there has been an increased awareness of the risks to health from damp and mould. It is understandable that residents would be concerned if damp and mould were present in their property. The issue can cause considerable distress to residents, especially those with small children and certain health conditions.
The landlord responded appropriately to the resident’s first report of damp and mould within her bathroom, arranging an inspection. There was however a delay in it completing the recommended works. This was a frustration to the resident. Having checked the ventilation system in June 2023, the mould wash was scheduled for September 2023. This followed a further damp and mould inspection carried out by the landlord in August 2023. It is unclear why there was a delay in it progressing these works. This was a failure by the landlord in its handling of the resident’s reports.
In responding to the resident’s complaint at stage 1 the landlord set out the actions that it would carry out to address the damp and mould and the timeframe for this. It completed these works as agreed.
In escalating her complaint, the resident raised further concerns about damp in the bathroom. She noted that there was a damp smell around the area of the bath. At this time, she also reported the issue of silverfish in her home. The landlord carried out an inspection of the bathroom on 3 November 2023 and agreed to further works. It completed these on 17 November 2023 in line with the commitment given in its stage 2 complaint response. The resident reported that the damp and mould had returned on 26 November 2023. The landlord appropriately arranged for a specialist contractor to carry out an inspection and it provided the landlord with a report on 8 January 2024. This recommended further works to the ventilation system. The landlord arranged for a specialist electrical contractor to attend, and it completed the works in March 2024.
In considering the landlord’s response to the resident’s reports of damp and mould, there was a lack of timeliness to its responses which amounts to a service failure.
Through its complaints process the landlord acknowledged its service failure. It offered the resident a total of £750 compensation. It broke this down as:
1. £500 for the time and trouble caused to her,
2. £200 for the delays in completing the repairs, and
3. £50 for missed appointments.
This was appropriate in providing a level of redress for the disruption experienced by the resident which is reasonable in the opinion of the Ombudsman.

Repairs to the bathroom.

The landlord raised repairs to the resident’s bathroom because of reports from the resident and as outcomes to its own inspections. The resident expressed her frustration that these repairs had become necessary so soon after she had moved to her new home; first raising an issue of damp 7 months after she moved to the property.
The landlord carried out works to replaster an area of the bathroom wall, replace the silicone and grouting to areas within the bathroom and to remove and replace the bath panel. It completed these works within the timescale it committed to in its stage 2 complaint response. We acknowledge that the resident found it frustrating that these works were necessary and the disruption that these caused to her in arranging appointments with the landlord.
The landlord acted appropriately in responding to the resident’s reports of issues within her bathroom. The landlord’s repairs and maintenance standard sets a target of 28 days for completing routine repairs. The initial repairs fell outside this target by 4 days. The landlord did however complete the repairs within the timeframe that it set within its complaint responses. It acted appropriately in doing so. There was no maladministration in the landlord’s handling of these repairs.

Repairs to the kitchen drawers.

The resident reported that her kitchen drawers had broken in June 2023. The landlord raised repair orders in both July and September 2023. It noted in September the need to order new draws. It got an initial quote in September 2023 before it went back to the original kitchen supplier in October 2023. It found matching draws and raised an order on 15 December 2023. It completed the repair and replacement of the kitchen draws on 24 January 2024.
It is acknowledged that there was a need for the landlord to go to the original kitchen supplier to get the replacement draws, it did not do this until October 2023, 4 months after the resident first reported that her draws had broken. This delay was frustrating to the resident. Furthermore, while she continued to request updates as to when she could expect it to fix the draws, the landlord did not provide clear timescales for when this would be done. The landlord may have had to wait for the draws to be available to it, but it did not communicate with the resident as to when it expected to receive these. It its cover email to its stage 1 complaint response on 11 September 2023 it said that it had ordered the required parts. In its stage 2 response in November 2023, it said that it had ordered the draws from its supplier and would contact her once it had received them. It would have been reasonable for the landlord to provide the resident with a clearer time frame within which it expected to be able to complete the repair. That it did not do so was a failure in its communication with the resident, this left the resident having to pursue the landlord for updates.
The landlord’s repairs and maintenance standard set the timescales within which it will deal with repairs to its homes. It says that it will complete routine repairs within 28 days. For planned responsive repairs it has a target of 90 days. This covers those repairs that are likely to take longer than the standard 28 days, including those where it must measure and order materials. It did not communicate this timeframe to the resident. Furthermore, there were delays in its ordering of the materials. Its completion of the work was outside of the landlord’s 90 day target when considered from when the resident first reported the issue. There was a service failure in the landlord’s handling of this issue and a failure in its communication with the resident.

The resident’s reports of an infestation of silverfish.

Silverfish are by their nature nocturnal and are usually found in moist areas of a home such as the bathroom or kitchen. Their presence can be a sign of damp. The resident’s tenancy agreement says that she is responsible for dealing with pests within her home. The landlord’s repairs and maintenance standard confirms that the treatment of pests is a resident’s responsibility unless these are in a communal area.
However, given that the presence of silverfish can be associated with areas of damp it was appropriate that the landlord took responsibility to treat the resident’s home. This approach is aligned with this service’s dispute resolution principles of being fair, putting things right and learning from outcomes.
The landlord undertook treatments within the resident’s home in November and December 2023. It raised a new order for further pest control treatment in January 2024. In April 2024 it arranged for a different contractor to attend following feedback from the resident.
The resident says that silverfish are still an ongoing issue at the property. The number of pests has reduced, and the landlord has continued to treat for silverfish in the property. It has also fitted the property with humidity sensors that monitor the levels of humidity in the property, as high humidity may explain the presence of the silverfish.
We considered that the landlord acted appropriately in arranging for its pest contractor to treat the resident’s home for silverfish and in continuing to do so. There was no maladministration in its handling of this issue.
We have however recommended that the landlord meet with the resident to discuss future action to address the issue of silverfish to find a resolution that is appropriate and acceptable to her. This is also an opportunity for the landlord to rebuild its relationship with the resident.

Complaint handling

The resident first raised her complaint in September 2023 following delays in progressing works to address the mould in her bathroom. There was a delay in the landlord’s reply, but in line with its policy, it notified the resident of its intention to extend the target for her complaint. Its response was appropriate in the circumstances, setting out actions it would take to address her concerns and the date by which it would complete these would.
It is less clear from the evidence provided when the resident asked to escalate her complaint. The landlord has provided an undated webform submission from the resident in which she raised other outstanding repairs and reported silverfish in her home. It appears that the landlord has taken this as the point of escalation for the resident’s complaint. It is important that the landlord keeps clear records around a resident’s complaint and when it has acted at each stage within its process. The lack of clarity at this point is a failure in its record keeping.
Having escalated her complaint to stage 2 of its complaint process, the landlord again applied an extension to its response target. It did this with the agreement of the resident, although she did express her unhappiness with this delay. It provided its stage 2 response on 10 November 2023. While this set out the actions it would take to deal with the outstanding repairs, its response did not give clear target dates for these. It would have been appropriate for it to have provided clear dates on which it would carry out the necessary works. This was also an opportunity for it to explain the delay to repairing the kitchen draws. Furthermore, it is unclear what steps were put in place to monitor the outcome of her complaint to ensure that it completed the repairs within a reasonable period.
The landlord continued to undertake repairs to the resident’s home in response to her requests and as an outcome to its own inspections in January and February 2024. The resident raised a new complaint with the landlord in February 2024 about the level of appointments that she had to deal with and the actions of its contractor. The landlord declined to accept this as her original complaint remained open and it said that it had previously investigated this. In keeping her complaint open the landlord was focused on ensuring that it resolved all the outstanding issues. However, this left her without the ability to raise fresh concerns where things went wrong.
This service’s Complaint Handling Code (the Code) requires landlord to see any actions proposed in a complaint response through to completion. These must be tracked and actioned promptly with appropriate updates provided to the resident. Where new issues are raised following the complaint response these must be logged as a new complaint. The landlord’s actions were not in line with the Code. This amounts to a service failure in the landlord’s complaint handling.

Determination

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, addresses the landlord’s handling of the resident’s reports of damp and mould.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of repairs to the bathroom.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of repairs to the kitchen draws.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of the resident’s reports of an infestation of silverfish.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s complaint.

Orders

Within 4 weeks of the date of this report the landlord must:
1. Apologise to the resident for the failures identified within this report. This should be in line with the service’s guidance on remedies.
2. Pay the resident compensation of £250. This is broken down as follows:
3. £150 for its failure to effectively communicate with the resident.
4. £100 for the failures in its complaint handling.
5. This is in addition to the compensation previously awarded. The landlord must provide evidence to the Service that it has paid the resident the £750 offered through its complaints process.

Recommendations

The landlord should arrange to meet with the resident at her home to discuss future action to address the issue of silverfish in her home. This is an opportunity for the landlord to rebuild its relationship with the resident. Together with a chance for her to give her feedback of the works undertaken to date.