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The Riverside Group Limited (202326296)

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REPORT

COMPLAINT 202326296

The Riverside Group Limited

5 July 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:
    1. The landlord’s response to reports of missing loft insulation.
    2. The landlord’s response to concerns of damp and mould in the property.
    3. The landlord’s handling of repairs to the thermostat device.
    4. The associated complaint handling.

Background

  1. The resident holds an assured tenancy which started in 2008. The property is a 2-bedroom upper-floor maisonette.
  2. The resident made a complaint to the landlord on 31 July 2023. She said that loft insulation works completed in 2020 had only insulated half of the loft which contributed to the extreme cold felt in the property. She noted that it was expensive to keep the heating on continuously at the property because of the cold bedrooms. She said that she had not had any updates on the insulation request since March 2023 and asked it to install loft insulation.
  3. On 3 November 2023, the landlord provided its stage 1 complaint response. It upheld the complaint and apologised for not providing timely communication to the resident because of staffing absences. It said that its contractor would inspect the insulation in around 3 to 4 weeks, and it would then contact her to arrange a date to install the insulation. It said it would monitor the progress of the works.
  4. The resident escalated her complaint to stage 2 on 3 December 2023. She said that she had not received any updates from the landlord or its contractors. She said that the cold property caused condensation to form on the windows which caused mould to grow. She asked it to provide an update on the insulation survey and also asked it to change the thermostat in the property.
  5. On 21 February 2024, the landlord provided its stage 2 complaint response to the resident. It upheld the complaint and apologised for the delay in inspecting the property. It acknowledged that the resident had asked it to remove the smart thermostat device in September 2023 and said it had raised a repair to swap this to a standard thermostat. It said she had originally raised issues with mould in the property in December 2023 and it would refer the matter to its damp and mould team to inspect and that after the inspection, it would consider her request for compensation for damaged belongings caused by the mould. It acknowledged it should have inspected the loft insulation sooner. It confirmed that it would review the report from the survey on 8 February 2024 and action any works recommended.
  6. The resident escalated her complaint to this Service as she remained unhappy with the ongoing issues with the loft insulation, faulty thermostat device and damp and mould. The complaint became one that this Service could investigate on 30 April 2024.

Assessment and findings

Scope of investigation

  1. The resident said that damp and mould in the property impacted the health of the household. While this Service does not doubt the resident’s comments, it is outside our remit to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is in accordance with paragraph 42(f) of the Housing Ombudsman Scheme. This Service has considered the general distress and inconvenience which the situation may have caused the resident and her household.

The landlord’s response to reports of missing loft insulation

  1. Before the resident made her complaint to the landlord, she had raised concerns with missing loft insulation on 8 occasions between 14 February 2020 and 23 April 2023. She asked the landlord to install insulation in the half of the loft that it had not insulated because the bedrooms in the loft space were extremely cold and gathered condensation. As these matters are mostly historic, the Ombudsman will not assess the landlord’s handling of such reports, but it is useful to note for context to the complaint.
  2. The resident sought advice from the local authority’s Environmental Health (EH) team regarding the temperature of the property. The EH team contacted the landlord on 17 February 2023 and the landlord said that it would complete temporary measures to address the issue while it considered any long-term plans because of the property’s poor thermal performance. The landlord has not provided any evidence to the Ombudsman to show whether it installed any temporary measures. The landlord’s lack of action would have understandably caused frustration to the resident.
  3. Following the resident’s complaint on 31 July 2023, she contacted the landlord on 3 occasions between 28 September 2023 and 10 October 2023 about the insulation works. On 12 October 2023, the landlord said it would survey the loft insulation before 10 November 2023. It extended this timeframe within its initial complaint response on 3 November 2023 and said that its contractor would inspect the property within the following 3 to 4 weeks. The extension of the survey would have understandably caused frustration to the resident given the length of time she had already been contacting the landlord for.
  4. The landlord has not evidenced when it raised the repair job to survey the loft insulation. In an email to its contractors on 4 October 2023, where it chased the progress of the survey, it said it had originally raised the job to the contractor on 7 August 2023, but it did not provide the initial request to this Service. It is a record keeping failure that the landlord did not provide this evidence to the Ombudsman, as we are unable to assess what action the landlord took at the time.
  5. Within the landlord’s initial complaint response, it said it would monitor the progress of the survey and keep the resident updated with any likely delays. However, the landlord continued to fail to provide timely updates to the resident which prompted her to escalate her complaint on 3 December 2023 and later request further updates on 17 December 2023 and 10 January 2024.
  6. Following the resident’s complaint escalation, the landlord asked its contractor for an update on 18 December 2023. Its contractor said they had struggled to find a suitable date for both the surveyor and the resident but hoped they would survey the property between the Christmas and New Year period. There is no evidence to suggest that the landlord followed up on this until 1 February 2023, which is also when the local authority’s EH team asked it for an update on the survey and any planned works.
  7. It would have been appropriate for the landlord to have been proactive in managing the survey to ensure that it resolved the resident’s complaint concerns. Instead, it took approximately 6 months between when it said it had raised the survey job to its contractors in August 2023 and 8 February 2024 when its contractors surveyed the property. This delay was not appropriate and would have understandably caused considerable distress and inconvenience to the resident.
  8. The landlord’s contractors surveyed the property on 8 February 2024 and provided the report to the landlord on 27 February 2024. The report listed 4 recommendations which included external wall insulation, installing insulated backed plasterboard to reduce cold bridging, replacing the front door with an insulated door, and completing a thermal imaging survey to establish cold spots and cold bridging to the walls, ceiling and roof areas.
  9. The landlord’s final complaint response said it would action any works recommended following the survey. It also confirmed to the local authority’s EH team that it would complete the works from the report in spring to summer 2024. However, it is unclear whether the landlord communicated with the resident about its plan to complete the recommended works. It is also unclear whether it has yet scheduled any works as the landlord has not provided any such evidence to this Service.
  10. It is a concern that the landlord failed to appropriately consider the resident’s concerns about the loft insulation and temperature of the property. The Decent Homes Standard states that properties must provide a reasonable degree of thermal comfort, which includes having effective insulation. It is evident that the landlord has assessed that the property requires improvement. It has confirmed to the Ombudsman that the property is part of its works to improve energy efficiency in properties with an Energy Performance Certificate rated C or below.
  11. The landlord has told this Service that given the resident’s property was rated E, and considering the concerns raised by the resident and the local authority’s EH team, it would complete the works before the start of the 2024 to 2025 heating season. However, as previously stated, it has not provided evidence to this Service to show that it has scheduled such works yet. It is a concern that it failed to apply urgency with the works given that the resident had reported these issues for a few years.
  12. The landlord’s repair records state that it installed insulation into the eaves in the loft space on 25 March 2024 yet it has told this Service that it has not yet completed any loft insulation works. The landlord’s records are therefore unclear and reflect poor record keeping in relation to repairs.
  13. Despite the landlord’s final complaint response committing to completing the recommended works from the survey, the landlord has not provided any evidence to this Service to show that it has scheduled the works. The landlord is therefore ordered to provide a schedule of works for the recommended actions from the survey completed on 8 February 2024.
  14. The landlord failed to offer full redress for the failings with its response to reports of missing loft insulation within its complaint responses. The handling of the matter, including the delays in arranging the survey and the later delays in arranging the recommended works, would have understandably caused unnecessary distress and inconvenience to the resident. Considering the failures identified within this investigation, the landlord is ordered to pay £500 compensation to the resident. This award is in line with the Ombudsman’s remedies guidance for failures which adversely impacted the resident.

The landlord’s response to concerns of damp and mould in the property

  1. The landlord’s repair records show that the first repair raised in relation to damp and mould was on 15 December 2022, following an inspection of the property which found “bad damp” related to poor insulation. It is unclear whether the landlord completed any repairs or referred the matter to its contractors to rectify this because it later noted on 25 January 2023 that this did not require any in-house works. It is also unclear whether it communicated with the resident about the damp and any actions it would take, which is a failing. This would have understandably caused distress, inconvenience and uncertainty to the resident.
  2. Within the resident’s complaint escalation made on 3 December 2023, she noted concerns with condensation and mould growth on the windows getting worse over the years. On 17 December 2023, she said that the damp had previously caused her electrics to cut off and reported further mould growth in the property. It is unclear what action the landlord took, if any, following the resident’s comments until it provided its stage 2 complaint response a couple of months later – this is a failing.
  3. Despite the history of the reports outlined in the landlord’s repair records, it said in its final complaint response that the first report of damp and mould in the property was in December 2023. It is a failing that it did not reflect upon its records to provide an accurate response.
  4. While it was appropriate for the landlord to outline that it would inspect the damp and mould in the property within its final complaint response, it is a failing that it did not action this much sooner. The landlord raised a repair job on 23 February 2024 to inspect the damp and mould, which it did on 14 March 2024. However, the landlord has also evidenced that the loft insulation survey completed on 8 February 2024 found condensation and mould growth within the bedrooms on the second floor.
  5. Following receipt of the survey report on 27 February 2024, the landlord raised a job to inspect the damp and mould, which it did on 6 March 2024. It then raised a repair on this date to complete a mould wash and apply antifungal paint to the affected areas which it completed on 25 March 2024.
  6. It is therefore unclear why the landlord repeated steps to inspect the damp and mould twice, following the survey report identifying this matter already. The repeated actions would have added unnecessary delays in addressing the damp and mould at the property and understandably caused further distress and inconvenience to the resident.
  7. Additionally, the survey report provided to the landlord on 27 February 2024 noted that the property did not have a ventilation system and it did not have any extractor fans. It is a failing that the landlord has not evidenced any steps taken to address these concerns.
  8. There was an overall delay of around 15 months for the landlord to complete repairs regarding the damp and mould, between December 2022 and March 2024. For the purposes of this investigation, the resident raised the damp and mould concerns in December 2023, but it took the landlord nearly 4 months to complete repairs. This delay would have understandably caused considerable distress to the resident as the landlord failed to follow its responsive repairs policy which states it should complete routine repairs within 28 days of receiving a report.
  9. Additionally, in the landlord’s final complaint response, it said it would refer the resident’s compensation request after it had inspected the property because it acknowledged that she had reported a number of belongings which the mould had damaged. The landlord has not provided the resident’s request for compensation to this Service, and it has also not provided evidence that it has since referred her compensation request following the inspection. An order has been made below regarding this.
  10. Considering the distress and inconvenience caused by the landlord’s response to concerns of damp and mould in the property, and the delays in taking appropriate action, it is ordered to pay £400 compensation to the resident. This is an appropriate award in line with the Ombudsman’s remedies guidance for failures which adversely affected the resident. Additionally, given the resident’s understandable concerns about the mould returning because of the lack of remedy to the loft insulation, the landlord is ordered to inspect the property for damp and mould, and complete a further mould wash or other appropriate repairs if required.

The landlord’s handling of repairs to the thermostat device

  1. The landlord changed the thermostat device at the resident’s property from a standard room thermostat to a smart thermostat device which the resident could control through an app on her phone. It is unclear when this occurred due to the landlord’s lack of adequate record keeping.
  2. On 13 September 2023, the resident asked the landlord to replace the thermostat with the previous standard room thermostat because the app did not work which meant she could not control the heating through the app. The landlord inspected the device on 24 September 2023 and noted that it could not carry out a repair as it was a fault with the app itself. It is unclear from the landlord’s records as to what advice, if any, the landlord gave to the resident at, or following, this appointment.
  3. The resident contacted the landlord twice in October 2023 and January 2024 to report concerns with the smart thermostat not working. The landlord has not provided any evidence to this Service which suggests it provided any meaningful communication about the resident’s concerns and it did not raise any further repairs or works regarding the thermostat. This would have understandably caused avoidable distress to the resident.
  4. Within the resident’s contact to the landlord, she noted that the smart thermostat caused her to waste gas which impacted her heating costs. The landlord’s damp and mould policy states that it will refer residents to its affordable warmth team if there are concerns with energy bill costs. The landlord has evidenced that it did so following the resident’s concerns in December 2022, but it would have been appropriate for it to do so again following the resident’s concerns raised during the complaints process. Within an email from the landlord to the local authority’s EH team on 1 February 2024, it said it would refer the resident to its affordable warmth team again, but the landlord has not provided any evidence to the Ombudsman to show that it did so.
  5. Despite being aware of the resident’s ongoing concerns with the thermostat which did not function properly, it only addressed the concerns in its final complaint response. The delay in arranging works to address the concerns would have understandably caused distress and inconvenience to the resident, as well as time and trouble in chasing the matter.
  6. The landlord later agreed to replace the thermostat with a standard room thermostat, and it raised this job on 23 February 2024. On 12 April 2024, the landlord’s contractors cancelled the repair job, and it took the landlord nearly 1 month to follow this up with its contractors to check why they had done so. The delay in the landlord realising its contractor had cancelled the job was not appropriate. It should have proactively monitored the commitments outlined in its final complaint response through to completion. It is unclear whether the landlord has since rearranged the repair. An order has been made below regarding this.
  7. Given the failings identified within this investigation, the landlord is ordered to pay £200 compensation to the resident to offer redress for its handling of repairs to the thermostat device. This is in recognition of the distress and inconvenience caused by the delays in arranging for the thermostat replacement and the impact of the time and trouble the resident experienced in chasing this matter. This is an appropriate award in line with the Ombudsman’s remedies guidance for failures which adversely affected the resident.

The associated complaint handling

  1. The resident made a complaint to the landlord on 31 July 2023. On 1 August 2023, the landlord acknowledged the complaint and said that its complaints team would contact her by the end of the following day. The landlord has not provided any evidence to show that it did so. It then sent a further complaint acknowledgement on 12 October 2023 which advised it would respond to the complaint within 5 working days, but it also said it would respond by 10 November 2023 which was 21 working days later. This would have understandably confused the resident and caused her distress by adding further delays to the complaints process.
  2. The landlord provided its stage 1 complaint response 69 working days after the resident made her complaint. This delay was not appropriate, yet the landlord did not acknowledge any complaint handling failures within its response. The response was not in line with the Ombudsman’s Complaint Handling Code (the Code) at the time of the complaint, which outlined that landlords must respond within 10 working days of logging the complaint. The delay would have understandably caused avoidable distress and inconvenience to the resident.
  3. Following the resident’s complaint escalation on 3 December 2023, the landlord took 54 working days to provide its final complaint response on 21 February 2024. The Code outlined that landlords should provide a final complaint response within 20 working days of the escalation request, and it is a failing that the landlord did not do so. This resulted in the resident contacting the landlord twice in December 2023 and January 2024 to query the progress of her complaint.
  4. Despite the resident’s contacts, the landlord did not provide its final complaint response in a timely manner which prompted her to seek support from this Service. The Ombudsman wrote to the landlord on 15 February 2024 and asked it to respond to the complaint within 5 working days by 23 February 2024.
  5. The resident should not have to chase the landlord or contact this Service to receive a response to her complaint escalation. It was not appropriate for the landlord to delay in providing its response. This would have understandably caused inconvenience to her because of the time and trouble spent in chasing the response, while thinking the landlord was not taking her complaint and concerns seriously. The final complaint response did not acknowledge any complaint handling failures which was not appropriate.
  6. As part of the resident’s complaint escalation request, she noted concerns with noise transference and requested soundproofing to resolve this. Where a resident raises a new issue after the landlord has responded to the initial complaint, the landlord should treat the matters as a separate complaint. It was therefore reasonable for the landlord to not address these concerns within the final complaint response.
  7. Considering the failures identified with the landlord’s complaint handling, the landlord is ordered to pay £150 compensation to the resident. This is to offer redress for the distress and inconvenience, and time and trouble, caused by the landlord’s delay in responding to the complaint at both stages.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s response to reports of missing loft insulation.
  2. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s response to concerns of damp and mould in the property.
  3. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of repairs to the thermostat device.
  4. In accordance with paragraph 52 of the Scheme, there was maladministration in the associated complaint handling.

Orders

  1. Within 28 calendar days of the date of this determination, the landlord is ordered to:
    1. Apologise to the resident in writing for the failures identified within this investigation. It should include apologies for specific failings in reference to each complaint point.
    2. Pay the resident £1,250 compensation. This should be paid directly to the resident and not the rent account. This is made up of:
      1. £500 compensation for the landlord’s response to reports of missing loft insulation.
      2. £400 compensation for the landlord’s response to concerns of damp and mould in the property.
      3. £200 compensation for the landlord’s handling of repairs to the thermostat device.
      4. £150 compensation for the associated complaint handling.
    3. Provide a schedule of works, including dates, for the recommended actions outlined following the survey completed on 8 February 2024, as it said it would within its final complaint response. It should provide the schedule of works to the resident and this Service. If it does not intend to carry out any of the recommended works, it should provide a full explanation why this is.
    4. Provide the resident with details of how to make a liability claim to its insurance team regarding the damage reported to her belongings. It should provide support to her in doing so, if requested.
    5. Inspect the property for damp and mould. If further works are required, it should provide a date to return to complete a further mould wash and/or any other appropriate repairs related to the damp and mould.
    6. Replace the resident’s smart thermostat with a standard room thermostat, if it has not done so already.
  2. The landlord should reply to this Service with evidence of compliance with these orders within the timescale set out above.