Swindon Borough Council (202230056)

REPORT

COMPLAINT 202230056

Swindon Borough Council

30 April 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:
1. The landlord’s handling of the resident’s reports of damp and mould within the resident’s property, including associated repair work.
2. The Ombudsman has considered the landlord’s handling of the resident’s complaint.

Background

The tenant is a secure tenant of the landlord. The resident lives in a one bedroom flat. The tenancy began on 21 February 2022 and became a secure tenancy on 21 February 2023.
The landlord’s strategy for responding to reports of damp, mould and condensation states that to meet the primary aims of the strategy the landlord has:
1. Produced a step by step inspection template to correctly identify the causes of damp and mould when instances are initially reported including identifying when a specialist survey may be required.
2. Designed and implemented a system to record and monitor all occurrences of damp and mould from the initial report to resolution and review if the current process regarding the tenant’s initial report of damp and mould is fit for purpose.
3. Created a process to assign a lead officer in every case who will be responsible to ensure the process is adhered to.
4. Undertaken works in any void properties to address any damp/mould issues discovered before the commencement of new tenancies.
The strategy states that for reporting and monitoring of damp and mould:
1. All reports of damp and mould will be recorded and monitored from first receiving the report to the undertaking of effective resolution works.
2. The inspection/survey/works will be broken down into stages so the correct response can be identified as required and work completed.
3. The tenant will be contacted after every stage of the survey/works and kept informed of the program of works.
The landlord’s repairs policy states it categorises repairs as emergency repairs, urgent repairs and non-urgent repairs.
1. Emergency repairs will be attended within two hours and complete the repair or ‘make safe’ the situation.
2. Urgent repairs will be completed the next working day.
3. Non urgent repairs will take no longer than 40 working days to complete.
The landlord’s customer feedback and complaints handling policy states it has a two stage complaints process. At stage one, once the landlord has received the complaint, the resident will receive an acknowledgment within three working days and a response within ten working days. At stage two the landlord will issue it’s response within 20 working days.

Scope of the Investigation

The resident has told this Service that the outstanding damp and mould works have negatively affected his health. This Service does not doubt the resident’s comments, but it is beyond the remit of this Service to make a determination on whether there was a direct link between the landlord’s actions and the resident’s ill-health. The resident may wish to seek independent advice on making a personal injury claim if he considers that his health has been affected by any action or failure by the landlord. While this Service cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced as a result of any service failure by the landlord.
As part of the resident’s complaint to this Service he has provided evidence of reports made to the landlord regarding anti social behaviour and uncapped pipes. These matters did not form part of the original complaint and were not addressed within the landlords final response issued in April 2023. These issues have therefore not been considered in this investigation. This is in accordance with paragraph 42(a) of the Housing Ombudsman Scheme which provides that the Ombudsman may not consider complaints which are made prior to having exhausted a member’s complaints procedure. The scope of this investigation is limited to the damp and mould issues which have exhausted the landlord’s formal complaints process.
From the evidence provided it appears that the resident has made a separate complaint to the landlord regarding the anti social behaviour. If the complaint completes the landlord’s complaint process and the resident is dissatisfied with the outcome he may wish to refer that complaint to this Service to be investigated.

Summary of events

On 8 June 2022 the landlord’s repair records stated it established that it needed to send an operative to inspect the resident’s property. It noted the resident had damp around a door frame which it thought could be down to the porch above leaking but was best to get an inspector to look at the floors noting there was a concrete floor, there were cracks all over and damp. The landlord’s records show this request was completed on 29 June 2022 but the records do not state the outcome of the visit.
On 16 November 2022 the landlord raised works which stated water was leaking in every room and there was damp and mould everywhere. The landlord’s record’s show that this repair was abandoned however the landlord stated in it’s evidence to this investigation that a damp and mould clean was requested.
On 21 November 2022 the landlord raised works for it’s guttering team to clean out the front and back gutters and fix leaking down pipes by the front door. The landlord’s records stated there was damp or mould on the walls/ceiling, bathroom hallway and in most corners. The records state the resident had advised he had various mould patches growing around the property. The landlord noted an inspection was needed.
On 29 December 2022 the landlord attended the residents property following a repair raised for water leaks. The works raised stated the leaks related to the kitchen, bathroom and hallway and that most pipework was moist or dripping. The resident had stated to the landlord he had silverfish. The landlord’s repair records stated works were completed on this date but the records did not state what works had been completed and if any further works were required.
There are no further records of works taking place until 2 February 2023 when the landlord’s repairs record stated it had cleaned out 5 elevations of gutter between the resident’s and another property.
On 8 February 2023 the landlord’s records show a job was raised stating damp or mould effecting the hallway ceilings, the walls and, due to the gap in the front door, the water came through and formed the damp and mould. The landlord’s repair records state this job was uncompleted.
On 5 March 2023 the resident contacted the landlord. The landlord’s records states the resident reported water was getting in the property through windows, walls and doors. There was mould unable to be reached even with a step ladder. The property had no flooring, and was completely unfinished and stripped bare before moving in. The landlord noted the resident was disabled and could not make the repairs himself. The records also stated the need to insulate windows, walls and re concrete the concrete doorway. The landlord has provided this contact as evidence of the formal complaint made by the resident.
The landlords records state a damp and mould clean was completed at the resident’s property around 11 March 2023. The report provided to the landlord noted:
1. Damp/mould found in most of the rooms and stairs.
2. The property was cold and damp.
3. The extractor fan in the bathroom was not working.
4. There was recently a new drain pipe fitted outside.
5. The loft was in need of new insulation and a PIV system was recommended.
6. All areas were fully cleaned and sanitised.
On 15 March 2023 the landlord’s records show it requested a general inspection of the property as the resident had been getting a horrible smell from his front doorway which was concrete and had also been getting damp and mould issues. The landlord’s records show it visited the property in relation to this on 12 June 2023.
On 20 March 2023 the resident emailed the landlord and informed it that since moving in he was misled into taking a property thinking there would be underlay and flooring, and other fitments. Instead, he had moved into a derelict unfinished and damaged house. The resident said the costs could be up to £2000 for the home to be repaired and about £450 – £800 for the floor alone. The resident said the landlord had refused any access to funds to cover the damage and replace necessities or any flooring and told him he had to fix everything himself. The resident said all his complaints had been disregarded. The resident informed the landlord he was dealing with multiple illnesses, disabilities including Autism and had limited capability in his movement when doing manual work.
On 3 April 2023 the landlord’s record state it was contacted by the resident who informed it he had no flooring in the whole home and none in the communal area, most of the hallway flooring tiles had cracked and the concrete underneath was broken up.
A surveyor visited the resident’s property on 6 April 2023. The surveyor identified that:
1. The pebble dash render to the exterior of the building, front entrance, and the rear elevation was in fair condition.
2. There was a displaced tile that should be reset when next conducting roof works.
3. The resident had reported wildlife entering the vented eaves.
4. There was a gap between a door threshold and slab. That area should be appropriately sealed to prevent the elements.
5. The porch had a solid floor.
6. Hallway ceiling was uninsulated.
7. The kitchen, living room, bedroom and bathroom were in fair condition.
8. Insulation in the roof void should be increased to 270mm and spread evenly.
9. The roof slope void area to be infilled with loose cellulose insulation.
10. The loft hatch should be insulated to match the roof void area.
11. Recommended insulation of the floor throughout the property.
On 20 April 2023 the landlord records show a contractor had renewed all of the missing broken soffit vents to all three elevations. It had arranged an electrician to attend on the 2 May 2023 to renew two extractors. It requested to raise a job for a complete loft installation top up including eaves at the property, inspect the roof to ensure there was no water ingress into the cavity/home and make safe.
On 21 April 2023 the landlord issued a stage 2 complaint response to the resident. The landlord stated:
1. It was writing in regard to the resident’s recent complaint that he had chosen to escalate to stage 2 following it’s initial investigation. It regretted that it was not able to meet the resident’s expectation for handling his complaint at the first attempt.
2. The resident had made it aware that he did not feel additional survey visits were required due to the previous surveys completed and that it was not using all of the information available to it.
3. It had a new damp and mould strategy in place and had engaged with specialist surveyors as part of the new strategy. To ensure that it provided the resident with a high level of service and to resolve the issues he faced with damp and mould it would pass his details to one of its surveyors and would undertake a specialist survey.
4. A repairs manager had spoken with the resident that day and discussed the reason for undertaking a new survey with a specialist surveyor. It was happy that he had agreed to the visit and a damp and mould surveyor would contact him within seven days to arrange the visit.

Post Complaint

On 26 April 2023 the resident contacted this Service and stated that he had been waiting to paint and floor his home for a year and a half but could not because of condensation, damp, mould and holes. He had no underlay or flooring and was walking on contaminated flooring. The resident said the landlord tried sending the same inspector that had already made recommendations in response to his complaints. The surveyor had already been to his home previous to the complaint and the landlord had still not acted on the recommendations and findings.
On 12 June 2023 the landlord’s repairs records state the resident said the mould team had previously attended but was only there for a short period of time and mould was returning. The landlord raised works including:
1. To reattend and ensure wall treatment was correctly applied and left on for the correct period of time to be effective.
2. Remove remaining floor covering, prep surface and replace ground floor front entrance door floor covering leading to first floor flat with easy clean vinyl and seal all edges.
3. Insulate loft hatch and top up loft areas where needed allowing for additional ventilation where significant amount added.
The landlord’s repairs records provided to this Service showed each of these jobs were uncompleted.
On 28 June 2023 the landlord visited the resident’s property in response to the works raised on 3 April 2023. The landlord noted the kitchen and bathroom floor covering was fitted and that it had previously requested the front entrance to have floor covering installed.
On 29 June 2023 the resident emailed the landlord and informed it of water damage around a door frame and a new radiator needed in a doorway. The resident also stated there was cementing needed around the door block externally to cover big cracks and uneven surfaces causing damp around the home, it was cleaned poorly and there was a fourth grow back after cleaning. The bathroom needed damp proofing from inadequate tiles and there was mould on the attic door.
On 26 October 2023 the landlord conducted a survey of the resident’s property. The survey found there was damp and mould in:
1. Ground floor hallway flooring.
2. Bathroom/WC on ceiling and perimeter/external wall.
3. Bedroom ceiling
4. First floor landing on ceiling and perimeter/external wall.
The survey also noted advanced water ingress from the roof.
The survey proposed the following works to be completed:
1. Roofer to check leak in the rear elevation.
2. C&S fillets to be racked out and redone with lime mortar.
3. Plumber to check kitchen sink overflow.
4. Gravity flaps to bathroom fan to be replaced with wind cowl.
5. Renew kitchen fan with 4″ fan, straight swap, constant heating with humidistat, wind cowl.
6. The underside of the first flight of stairs to be insulated.
7. Aco channel to be installed at the bottom of the wall on the left hand side of the front door.
8. Front gutter to be cleaned, rear gutter to be checked.
9. Slopping ceiling in the rear side of the house to be hacked off, Celotex type insulation installed, insulation backed plasterboard and skim over.
10. Plumber to bleed radiators.
11. Mould wash to external wall in the stair well.
The landlord has stated to this Service that the works were completed on 12 April 2024.

Assessment and findings

The landlord’s handling of the resident’s reports of damp and mould within the resident’s property, including associated repair work.

Following notification of damp, the landlord would be expected to carry out an investigation within a reasonable period. From the evidence provided the resident alerted the landlord to damp in the property on 8 June 2022. The landlord’s records stated it should send an officer to inspect the reports. These works show as being completed on 29 June 2022 however it is unclear from the landlord’s evidence what the outcome of the works were and if any further works were required. In addition, the landlord has not provided evidence in relation to any action taken to address the reported damp.
There was no evidence provided by the landlord of the actions it took for the damp and mould reported in November 2022. The evidence provided implied works were sent to a contractor as part of an outstanding project but the works had been abandoned and were to be reraised. It is therefore not evidenced that the landlord took appropriate action at that time.
In February 2023 the landlord raised a job for works relating to damp and mould on 8 February 2023 but this job also showed as uncompleted in the landlord’s repairs records.
In March 2023 it is clear that the landlord was made aware, if it was not already, that the resident had vulnerabilities and it would have been reasonable for the landlord to have considered those vulnerabilities, reviewed what works it had already taken and prioritise any outstanding works accordingly. Although the landlord has indicated in its evidence that it made a phone call to the resident to discuss his health. There is no evidence from the landlord when this call took place and if it considered and recorded if any reasonable adjustments were required for the resident given his stated disabilities.
The mould wash was completed around 11 March 2023 after being raised by the landlord four months earlier. The landlord has not provided evidence why there was this delay in the mould wash taking place.
A surveyor inspection did take place on 6 April 2023, 212 working days after the landlord’s records show it was first notified of potential damp and mould. The lack of clarity in the landlords records meant this Service could not determine the reasons for the length of time taken for the survey to take place. The survey inspected the whole property and advised works that would be required including recommendations for insulation around the property and roof works.
The landlord’s stage two response on 21 April 2023 confirmed that the damp and mould issue remained outstanding at that time. The landlord’s records also show that works raised post complaint on 12 June 2023 were recorded as uncompleted.
Delays in completing works is not always a failure of the landlord if there are appropriate reasons for the delays and the landlord can evidence the actions it had taken during that time. In this case the landlord has not evidenced it was actively dealing with the damp and mould issue and instead there was a ten month period of repeated abandoned or unrecorded outcomes of visits to the resident’s property. The landlord may have been actively dealing with the resident’s report of damp and mould but it’s failure to sufficiently evidence it’s actions means this Service cannot determine that the landlord’s response to the resident’s reports were reasonable.
The evidence provided does not suggest that the landlord took appropriate action to inspect the property, carry out identified works, or that the actions it did take was within an appropriate timescale or to appropriate standards. This is further substantiated by the landlord’s stage two response failing to provide any summary of actions it had taken in tackling the resident’s reports of damp and mould and instead choosing to undertake a new specialist survey in it’s stage two response issued on 21 April 2023. The lack of action taken by the landlord up to the stage two response was unreasonable and it delayed significantly in responding to the matter.
The survey offered to the resident in the landlords stage two response was completed on 26 October 2023. This was 131 working days after the survey was proposed by the landlord. This was an unacceptable length of time for the resident to wait for the survey especially considering the delays in tackling the damp and mould up to that point. This survey identified some works that had previously been identified in the original survey conducted in April 2023 indicating that those works had not been completed up to that point.
The landlords evidence therefore does not show in this case it followed its damp mould and condensation strategy. From June 2022 to February 2023 there is no evidence of substantial works being completed to address the residents reports of damp and mould in the property and no evidence of works identified in the Survey conducted in April 2023 being completed resulting in some of those works being identified again in the second survey conducted in October 2023.
The landlord has stated the works were completed on 12 April 2024 and a carpet was due to be fitted on 25 April 2023. It took 467 working days from the residents initial report of damp and mould to completing the required works. This is maladministration by the landlord for which it should apologise to the resident and pay him £800 compensation. Although the landlord has stated the works identified had been completed on 12 April 2024 it has not provided evidence of those works so an order is made for the landlord to visit the resident’s property to inspect and verify the works have been completed and provide the outcome to this Service. If any works are outstanding the landlord is to provide a timetable of works to the resident for any outstanding works to be completed.

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

There were significant failings in the landlord’s handling of the resident’s complaint. The landlord has confirmed to this Service that it failed to issue a stage one response to the resident, however it did not provide a reason for it failing to provide the stage one response. The landlord has further confirmed that it issued a stage two response to the resident after the resident escalated his complaint due to not receiving a stage one response.
The landlord has failed to provide a copy of the resident’s escalation request to stage two. This meant the only evidence of the landlord’s handling of the complaint was it’s stage two response.
In the stage two response however, the landlord stated it was writing in regard to the resident’s recent complaint that he had chosen to escalate to stage two following it’s initial investigation. The stage two response also stated the landlord said it regretted it was not able to meet the resident’s expectation for handling his complaint at the first attempt.
The landlord in the stage two response failed to refer to the fact it had not issued a stage one response to the resident or provide an explanation to the resident why it had failed to do so. There is also no evidence provided by the landlord that it conducted any investigation to the resident’s complaint prior to considering the complaint at stage two. It is therefore not clear why the landlord referred in the stage two response to an initial investigation taking place.
The response at stage two acknowledged that the resident felt further additional survey visits were not required due to the previous surveys completed and that the landlord was not using all of the information available to it. The landlord informed the resident it had a new damp and mould policy in place and would be undertaking a specialist survey. However, although the landlord in the stage two response said it had spoke to the resident on the telephone about why a new survey was needed, the landlord in the stage two response failed to address the resident’s concerns and failed to explain why it felt the surveys already conducted were not sufficient, why a new survey was required or commented on the actions it had taken leading up to the stage two response.
As the landlord has not provided the resident’s escalation request, this Service cannot determine the length of time between the escalation request being made and when the landlord responded with the stage two response. This further highlights the need for the landlord to keep appropriate records and a recommendation is made for the landlord to review this Service’s knowledge and Information management spotlight report and consider if it needs to review its record keeping practices.
The landlord failing to issue a stage one response, failing to provide evidence of the resident’s escalation request and it’s poor response to the resident at stage two is maladministration and the landlord should apologise to the resident and pay him £250.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould within the resident’s property, including associated repair work.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s complaint.

Reasons

The landlord has failed to evidence it inspected the residents’ property and took reasonable action to resolve the damp and mould in the property within an appropriate timescale and it has failed to evidence it has adhered to its own strategy for responding to reports of damp mould and condensation.
The landlord failed to issue a stage one response to the resident, failed to provide a copy of the resident’s escalation request, failed to appropriately address the complaint in its stage two response or complete the actions it proposed in the stage two response within an appropriate timescale.

Orders

Within four weeks of the date of this report, the landlord is ordered to:
1. Apologise to the resident for it’s handling of the reports of damp and mould and apologise for its handling of the resident’s complaint.
2. Pay the resident £800 for its handling of the resident’s reports of damp and mould within the property, including associated repair work.
3. Pay the resident £250 for its handling of the residents complaint.
4. Contact the resident to arrange an inspection of the recent work and to establish if any further works are required to treat the damp and mould and repair any damage the damp and mould has caused. If so, the landlord is to provide a report to the resident stating what works are required and the timescales of those works to be completed.

Recommendations

The landlord to review this Service’s spotlight report on Knowledge and Information management and consider if it needs to review it’s record keeping practices.