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Stonewater Limited (202200365)

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REPORT

COMPLAINT 202200365

Stonewater Limited

21 June 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

  1. The complaint is about the landlord’s response to disrepair, including damp and mould, in the property.

Background

  1. The resident has lived in the property since August 2013. The property is a 3-bedroom semi-detached house. The resident told the Ombudsman that she had reported damp and mould since 2019. She said the landlord had carried out work, but it did not resolve the problem.
  2. On 26 January 2021, the resident told the landlord that she was unhappy that damp and mould in the bathroom had not been resolved and it had not contacted her about a complaint she made in 2020. The landlord said it would discuss the damp and mould with contractors and get back in touch with her.
  3. Contractors attended the resident’s property on 16 March 2021 to treat mould and repaint the bathroom. The same day, the resident told the landlord that the new paint had peeled away not long after the contractors left.
  4. On 9 September 2021, the resident complained that attempts to resolve the damp and mould in the bathroom had not worked. She also said the bathroom ceiling had been removed over Christmas 2019, which meant she was unable to use the bathroom. Because of this, she wanted a rent refund.
  5. In its complaint response on 19 October 2021, the landlord acknowledged it had been slow to respond to the resident’s communications and carry out the required work. It said it had booked an inspection of the property for 27 October 2021. On the rent refund, it said the bathroom had been usable and because of this, it would not refund any rent. It offered £400 compensation for inconvenience, delays, and miscommunications.
  6. On 6 April 2022, the resident contacted the Ombudsman and said she had heard nothing since the landlord had carried out the inspection in October 2021.
  7. The resident’s MP contacted the landlord about damp and mould in the bathroom on 13 April 2022. In response, the landlord said previous work had been carried out correctly, but it would arrange for a surveyor to visit the resident to discuss any concerns.
  8. On 29 November 2022, the resident told the landlord that damp and mould in the bathroom had not been resolved. In response the landlord sent a complaint acknowledgement and said it would investigate at stage 1 of its complaints process.
  9. In March 2023, the Ombudsman contacted the landlord about the status of the resident’s complaint. On 24 April 2023, the landlord sent its final response. It apologised that the repairs reported had not been registered on its system. It also referred to a visit to the resident’s home on 11 April 2023, and said it would arrange the repairs it had discussed and keep the resident updated. It apologised that work had taken a long time to resolve and offered £550, which comprised of £250 for delays, £150 for poor communication, and £150 for inconvenience and distress caused.
  10. The resident remained dissatisfied and escalated her complaint to the Ombudsman. She said the repairs had not been completed and the property still had a damp and mould problem. She said she had suffered emotionally, psychologically, and physically because of the condition of the property, and wanted to be compensated, the outstanding works to be completed in a timely manner, and for the landlord to apologise.
  11. In September 2023, the resident engaged a solicitor to bring a claim against the landlord using the Pre-Action Protocol for Housing Conditions Claims (England). The solicitor arranged for an expert to carry out a survey of the property to identify any disrepair. In May 2024, the landlord reached a settlement with the resident that included paying the resident £3,900 and agreeing to carry out the repairs identified in the expert’s report.

Assessment and findings

Scope of investigation

  1. The Ombudsman has noted that the resident made complaints about the condition of her property going back to 2019. In investigating this complaint, the Ombudsman will look at the landlord’s actions from when the resident said damp and mould had not been resolved in January 2021 until the landlord’s final response in April 2023. However, the Ombudsman has noted that the resident continued to raise concerns about the condition of the property after April 2023 and will consider the landlord’s response to these concerns.

The landlord’s response to disrepair, including damp and mould, in the property

  1. Under section 11 of the Landlord and Tenant Act (1985), the landlord is responsible for keeping in repair the structure of the property. This means the landlord has a general obligation to repair and maintain the property. The landlord largely accepted that it was responsible for the repairs reported by the resident. It said the resident was responsible for internal decoration. This is made clear in its repairs policy.
  2. The landlord’s repairs policy says it will carry out repairs as quickly as possible, based on an appointment system. Repairs will be prioritised depending upon the seriousness of the defect, the impact it will have on the household, and the potential damage to the property. Repairs are categorised as ‘high priority’ or ‘by appointment’. By appointment repairs are those that do not pose an immediate risk to health or safety.
  3. The repairs policy sets out timescales for the delivery of repairs. It says all non-emergency repairs will be carried out within a maximum period of 28 days, and major repairs will be done within a maximum of 42 days.
  4. The Ombudsman’s spotlight report on damp and mould says landlords should ensure their response to reports of damp and mould are timely and reflect the urgency of the issue. They should share the outcome of surveys with residents to help them understand the findings and be clear on the next steps. They should also act on accepted survey recommendations in a timely manner.
  5. Records provided by the landlord show the resident said on 26 January 2021 that previous work to resolve damp and mould in the bathroom had not worked. In response, the landlord arranged for the mould to be treated and for the bathroom to be repainted. This was reasonable. However, the work was not carried out until 16 March 2021, which was 49 days after the resident reported the fault. In addition, there is no evidence that the landlord looked to identify the source of the damp. The resident told the landlord on the day the work was carried out that the new paint was already peeling off. Records show the resident sent photos of the peeling paint to the landlord. The landlord said on 30 January 2021 that it would send the photos to its surveyor and contractor and would get back to her when it had a response.
  6. On 9 September 2021, the resident complained there was still a problem with mould, and she had not been contacted by the contractor. The landlord’s records dated 4 October 2021, show it had agreed to do further work on the damp and mould “following the resident’s last call”, but the contractor had not arranged the work as agreed.
  7. The Ombudsman has not seen evidence of a communication from the landlord as promised on 30 January 2021. However, based on the landlord’s records, it appears that a follow up appointment with the resident was arranged, and work agreed, but this was not done. The resident then made a complaint about the failure to carry out further work. Because of this, the Ombudsman has found that on the balance of probabilities, there was at this time a failure to carry out repairs in line with the repairs policy and a failure to provide the resident with updates.
  8. The landlord spoke with the resident about her complaint on 6 October 2021. In its complaint response on 19 October 2021, the landlord acknowledged that the resident had reported issues with damp and mould. It said, “due to numerous factors”, it had been slow to respond to the resident’s communications and undertake the required repairs. It said it had recently changed the way it dealt with repairs and introduced a new damp and mould procedure. The landlord said its surveyor had arranged an appointment for 27 October 2021, but in recognition of the inconvenience caused, it was offering £400 for delays in completing works and for miscommunication. The Ombudsman has found that this was a reasonable response at this stage.
  9. The Ombudsman has not seen the outcome of the survey carried out on 27 October 2021. It is unclear whether details were provided to the resident.
  10. On 22 February 2022, the resident contacted the landlord and said she had heard nothing since the survey. On 28 March 2022, an internal email asked for an update on the position with the repairs. It referred to the resident withholding rent payments because of the outstanding repairs. The Ombudsman has not seen a record of work carried out following the survey in October 2021. However, based on the resident’s complaint about a lack of communication, and the internal email referring to the resident withholding rent, the Ombudsman has found that on the balance of probabilities, the landlord failed to carry out repairs following the October 2021 survey. 
  11. On 6 April 2022, the resident contacted the Ombudsman and said she had heard nothing from the landlord since the surveyor’s visit. The resident also contacted her MP to raise concerns about the repairs, and on 21 April 2022, the landlord wrote to the resident’s MP. The landlord told the MP that repairs had been carried out, but it would arrange for a surveyor to visit the resident to discuss her concerns. The Ombudsman has not seen a record of the outcome of this visit.
  12. The landlord opened a new complaint about repairs to an outbuilding and damp and mould in the bathroom following further contact from the resident on 29 November 2022. The landlord responded on 9 December 2022 and said it would arrange a repair of the outbuilding and an inspection of the mould. The Ombudsman has not seen the outcome of this inspection. It is unclear whether details were provided to the resident.
  13. Following contact from the resident, the Ombudsman asked the landlord about the status of the resident’s complaint on 16 March 2023. The landlord visited the resident on 11 April 2023, to discuss her complaint, and issued a final response on 24 April 2023. In its response, the landlord apologised for problems the resident had when trying to report repairs. It said it would arrange various repairs, including work to replace a bedroom window, replace misted double-glazed units, fit a new humidistat fan in the bathroom, reseal tiles around the bath, fit a new bath panel, replace internal doors, and renew the back door. It offered a further £550 in compensation.
  14. The Ombudsman has found that it was reasonable for the landlord to set out what repairs it would do and offer compensation. However, the Ombudsman has noted the landlord did not address the issue of the cause of the damp and mould, which the resident had complained about. At this stage, the Ombudsman would expect the landlord to have taken action to identify the cause of the damp and mould. The Ombudsman has found that a lack of clear information about what it would do about the damp and mould was a failure by the landlord.
  15. The Ombudsman has noted that in September 2023, the resident engaged a solicitor to take forward a case of disrepair against the landlord. It was not until 5 October 2023, 6 months after the landlord’s final response and after the resident engaged a solicitor, that the landlord carried out a damp and mould survey. The Ombudsman has been provided with a copy of the survey report, which shows the resident was experiencing problems with mould caused by a leak from the bathroom. The report said there was a water stain on the hallway ceiling, minor mould in the bathroom, and the flooring in the bathroom was “spongey” because of the moisture trapped under the vinyl. The survey said various making good repairs had happened but were never finished. It recommended extensive works to resolve a leak and make good the bathroom and hallway.
  16. Overall, the Ombudsman has found there were failings in the way the landlord handled the resident’s reports of damp and mould in the property. The landlord acknowledged these failings in its complaint responses, but after sending the responses it did not address the cause of damp and mould. This left the resident living with its effects for a considerable period. It was not until after the Ombudsman and solicitor interventions that the landlord carried out a damp and mould survey that identified the cause of the damp and mould. This was a failure to meet the obligations set out in the tenancy agreement and repairs policy.
  17. The Ombudsman has also noted the difficulties the resident had progressing her complaint. Between January 2021 and April 2023, the resident contacted the landlord many times about the ongoing issues with damp and mould. She also contacted her MP and the Ombudsman, who asked the landlord for information on the situation. However, the landlord did not send a final response until April 2023, and even opened a new complaint in November 2022.
  18. Because of these failings, the Ombudsman recommends the landlord looks at how it handled the resident’s reports of damp and mould when carrying out a review of its practice against the recommendations in the Ombudsman’s spotlight report on damp and mould.
  19. In May 2024, the landlord reached an agreement and paid £3,900 to the resident and agreed to complete all works identified in the survey report carried out in January 2024 by August 2024. It is the Ombudsman’s view that this is reasonable redress in the circumstances.

Determination

  1. In accordance with paragraph 53.b of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in response to disrepair, including damp and mould, in the property.

Recommendation

  1. The Ombudsman recommends the landlord looks at how it handled the reports of damp and mould when carrying out a review of its practices against the recommendations in the Ombudsman’s spotlight report on damp and mould.