Torus62 Limited (202308116)

REPORT

COMPLAINT 202308116

Torus62 Limited

13 May 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. The resident’s reports about damp and mould.
2. The resident’s concerns about damage caused to his personal possessions by the damp and mould.

Background

The resident was a secure tenant of the landlord at the property from June 2019 until 27 November 2023. The property is a 1–bedroom flat in a block built in 2019. The resident has restricted sight and suffers from physical and mental health issues. The landlord confirmed it was made aware during the complaint process that the resident had been diagnosed with candida oesophagitis. The resident told the landlord this had been caused by the mould at his property.
On 2 November 2022, the resident told the landlord he had found mould in a bedroom, cupboard and on furniture. The landlord booked a damp and condensation survey. A surveyor visited the resident’s property on 19 December 2022. Following this, the landlord raised repair jobs to wash down the mould and touch up paint, install a ventilation system, install a vent to the hallway cupboard, and for a drain survey to take place. Further repair work was ordered on 12 January 2023 to install a larger storm guard to the front door to prevent water ingress.
The resident complained to the landlord on 23 February 2023. The resident told the landlord there was mould growing on his furniture and he had medical issues caused by the mould. The resident said a drain survey had taken place and there was rising damp. The resident wanted the damp works completed and compensation for items which had been damaged by damp and mould.
The landlord responded to the resident’s complaint on 10 March 2023. It said the following:
1. The works order to install a vent to the hall cupboard was due to be completed on 31 January 2023. The operative who attended had felt this would not resolve the issue. It apologised and said it would reschedule this repair.
2. The drain survey had incorrectly found rising damp. This had been checked on a survey visit to the property on 2 March 2023.
3. A mould wash had been completed on 8 March 2023.
4. Following a surveyor’s visit to the property on 2 March 2023, the landlord was chasing up the repairs raised in December 2022. An appointment had been made for 5 April 2023 to renew the radiator in the bedroom. The landlord said its contractors would be in touch with the resident to arrange suitable times to redecorate the bedroom, install a ventilation fan to the hallway, reseal the bedroom and kitchen window, and install vents to the hallway cupboard.
5. Further information was requested about the resident’s medical issues; the landlord said it may have to pass this onto its insurers.
6. It offered the resident £75 compensation for the inconvenience of jobs being booked in but not carried out.
7. It offered the resident £750 for the items damaged by mould. This included a bed, mattress, headboard, 2 bedside cabinets, 1 pair of shoes and 2 suitcases.
The resident escalated his complaint in April 2023. The resident said he had told the landlord of his health concerns during the surveyor visit in December 2022. He said it was affecting his breathing and his mental health. The resident said he had been told at this time not to sleep in his bedroom. The resident said he did not think the mould wash would stop the mould returning. He said he felt pushed into accepting the compensation and did not accept the £75 for inconvenience.
The landlord responded to the resident at stage 2 of its complaints process on 30 May 2023. The landlord said the following:
1. A number of repairs had been completed since the resident had first reported damp and mould in January 2022. This included sealing the bedroom window, hacking off plaster to the front bedroom and replastering, and washing down and treatment of affected areas.
2. All repairs had been completed apart from the installation of the ventilation fan. This work was booked to be completed on 30 June 2023.
3. The resident had told the landlord the recent painting on the bedroom wall was patchy and a repair was raised to rectify this.
4. It upheld the resident’s complaint and said there had been a service failure in its delay to complete the repairs which had affected the resident’s use of his bedroom.
5. It offered the resident total compensation of £1875. This was broken down as £500 for the loss of the use of the bedroom, £500 for the time taken to complete the repair, £825 as offered at stage 1, and £50 for the cleaning of a carpet.
6. It would review its offer of compensation if there was evidence the resident had suffered medical damage as a direct contributory result of the damp in the property.
The resident remained dissatisfied with the response from the landlord. He contacted this Service in June 2023. The resident said the landlord had been aware that he was unwell and living in the property. He said he felt his health condition was a result of the damp and mould and wanted the offer of compensation to reflect this. The ventilation fan system to the resident’s hallway was completed on 2 August 2023. The landlord inspected the property in August 2023 following further reports of damp and mould to the kitchen. The bedroom and kitchen walls were tested and the readings were dry. Further precautionary works to flags outside of the property were completed in November 2023. The resident moved out of the property in November 2023 and transferred to another property of the landlord. The landlord and resident confirmed to this Service the damp and mould was not the principal factor which had led to the transfer.

Assessment and findings

Scope of Investigation.

Although it was noted that the resident confirmed he had reported damp and mould at his property in January 2022. This investigation has primarily focused on the landlord’s handling of the resident’s reports from November 2022 onwards that were considered during the landlord’s complaint responses. This is because residents are expected to raise complaints with their landlords in a timely manner so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live,’ and while the evidence is available to reach an informed conclusion on the events that occurred.
The resident raised further reports of damp and mould in the kitchen, and damage to a sofa, after 30 May 2022. This investigation has considered matters from the date of the reports of damp in November 2022 to the date of the landlord’s final response on 30 May 2023. In accordance with the Ombudsman’s jurisdictional authority under the Scheme, and in the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s formal complaint. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to the investigation of this Service. Any further issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if required.
The resident has referred to the impact of the damp and mould on his health. He said during the complaint process that he had experienced breathing problems and was diagnosed with candida oesophagitis. The Ombudsman is very much aware of the detrimental impact that mould in homes can have on health. However, it is not within the jurisdiction of this Service to make a finding on whether the issues raised in this complaint have had a material effect on the resident’s health. This is because it is outside our role to establish whether there is a direct link between the landlord’s handling of the damp and mould and the resident’s health. Such matters may be more appropriate for a court or liability insurer to decide. However, consideration has been given to the landlord’s response to the resident’s concerns about his health as well as any general distress and inconvenience the resident may have experienced as a result of errors by the landlord.
Part of the resident’s complaint relates to damages to furniture and personal items. Determining liability and awarding damages are legal aspects that this service has no jurisdiction over. Such matters require a binding decision from a court or consideration via an insurance claim. This service can, however, consider the landlord’s response to the resident and if it had acted fairly and reasonably, and in line with its policies and procedures.

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

The landlord has a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep in repair the structure and exterior of the property.
The tenancy agreement says the landlord will repair the structure and interior of the property. This includes external and internal walls. A resident is responsible for decorating the inside of the property and keeping it in a reasonable state of repair.
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 was required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
The landlord’s damp and mould policy at the time of the resident’s complaint says the landlord will:
1. Ask a number of questions to help diagnose, to ensure it has enough information, and can keep records.
2. If the outcome shows that damp is likely to be present, it will fix the problem if it is the landlord’s responsibility and advise the resident of how to resolve the issue if it is a lifestyle issue and not a problem with the building.
3. Carry out a full property inspection and/or a full property survey. The property inspection reviews things like heating, pipes, rainwater goods, damp proof course and loft insulation where the problem is not as easy to identify. The property survey includes an inspection of cavity wall insulation, thermal imaging, damp and humidity measurements and an underground survey via CCTV if appropriate.
The landlord’s responsive repairs policy says residents will be offered appointments for all repairs. When the repair is not an emergency, these will be either by arrangement or will be programme repairs. Those made by arrangement will be where the repair can wait without causing major inconvenience. The repair will be scheduled to suit the resident’s availability and the landlord will aim to complete these within 20 calendar days. Programme repairs are non-urgent and can be complex in nature, such as structural repairs. The landlord will aim to complete this work within 60 days of reporting.
The responsive repairs policy also says repairs may take longer than usual where works require certain parts, specialist engineers or services. Residents will be kept informed of any potential delays with a repair. The policy says operatives will keep appointments made or make contact if they are going to be delayed or have to rearrange. The policy also says when a repair is reported, residents will receive an acknowledgement by text with an appointment or target date for completion. Where possible, the resident will receive a call or text prior to the appointment to confirm access arrangements.
The landlord’s discretionary compensation policy says it may consider compensation where there has been avoidable inconvenience, distress, detriment, or other unfair impact of the service failure. For compensation for quantifiable financial loss, for example the cost of replacing damaged property, evidence of expenditure will be required and only reasonably incurred costs will be considered. The policy says compensation calculations will be based upon what is considered fair and reasonable in the particular circumstances of a case.
This Service published a spotlight on damp and mould report prior to this complaint. This stated that landlords should have a ‘zero tolerance approach’ to damp and mould and be proactive in identifying potential issues. It says that landlords should look beyond the immediate symptoms, such as wet walls, and look to find the cause.
The landlord acknowledged in its final response that the resident had first reported damp and mould in January 2022. It was not clear from the evidence provided, the investigations or repairs which had taken place following this earlier report. The resident’s complaint followed reports of damp and mould made in November 2022. Therefore, it was reasonable for this investigation to have assessed the landlord’s response to the reports of damp and mould from the timeframe of November 2022.
The resident reported mould on a cupboard, and to his furniture in the bedroom on 2 November 2022. The landlord arranged for a surveyor to visit the property on 19 December 2022 to complete a damp and condensation survey. It was noted an initial appointment on 18 November 2022 was cancelled due to no access. The initial action by the landlord to investigate the mould was appropriate and in line with its damp and mould policy.
Following the initial surveyor inspection, the landlord raised several repair jobs. This was because the inspection had identified mould in the bedroom and storage cupboard in the hallway. The repair work raised included a mould wash and touch up of paint, the installation of a vent and ventilation system to the cupboard and a drains survey. This was appropriate action for the landlord to take, to treat the mould, install a solution to prevent it returning, and to investigate the possible causes.
It was evident that the completion of the works ordered on 19 December 2022 was delayed. The landlord said a mould wash was completed on 10 February 2023. This was 53 days after the repair was raised. The delay here was excessive and did not meet the timescales in the landlord’s responsive repairs policy.
The installation of a vent to the hallway cupboard was completed on 3 April 2023. This was over 3 months after the job had been raised. The delay here was again excessive and did not meet the timescales in the landlord’s responsive repairs policy. It was noted the landlord had booked this repair for 31 January 2023. However, the operative attending told the resident it would not solve the damp and mould and the repair was cancelled. This caused the resident the inconvenience of the cancelled appointment, and also having to chase up the work with the landlord following this.
The landlord’s repair log showed the job raised to install a ventilation system to the resident’s hallway was completed on 2 August 2023. This was over 7 months after the work was raised. However, the landlord’s records showed the appointment was booked for 30 June 2023, but the resident contacted the landlord the day prior to this to rearrange. Although the landlord had offered an earlier appointment, this was still over 6 months after the repair was raised. The landlord advised this Service that the delay to this work was due to supply issues which were outside of its control. While it is acknowledged that installation of equipment such as a ventilation system may require specialist contractors and take longer, this work took too long. While the landlord had here identified the need to take action to the ventilation in the property, it had failed to complete these works within a reasonable timeframe.
The drain survey was completed on 23 February 2023. This was 66 days after it had been raised following the surveyor inspection. The landlord’s repair records showed an appointment had been made for 9 January 2023 but had been cancelled due to no access. The resident told the landlord he had not been aware of the appointment. The landlord did not provide evidence to this Service to demonstrate that it had informed the resident of the appointment. The resident had here experienced the inconvenience of contacting the landlord to rearrange this appointment and a delay to the survey taking place.
Following the resident’s complaint on 23 February 2023, the landlord took the appropriate step of arranging for a further surveyor visit to the property. This visit took place on 2 March 2023 and further works were raised to renew a radiator in the bedroom and a mould wash was completed on 8 March 2023. The landlord here took prompt action to visit the property and identify further work required.
While it took a long time to resolve the problem, the Ombudsman does acknowledge that certain problems can be complex and take time to diagnose, with an element of trial and error involved. The landlord here had demonstrated that it had taken appropriate steps to investigate the cause of the damp and mould by arranging the drain survey. It arranged works to prevent the mould from returning and treated the mould.
For more complex repairs that may require additional time to be completed, this Service expects the landlord to keep in communication with the resident and update them on the progress of the repairs. It was evident the resident followed up with the landlord on several occasions to find out what was happening with the repairs between January 2023 and 30 May 2023. The landlord did not provide evidence to this service that it had kept the resident updated on the status of the work. It also did not show that it had contacted the resident to inform him of expected timescales for the completion of the various works. This did not meet the service standards set out in the landlord’s responsive repairs policy. As a result, the resident had to take the time and trouble to continue to follow up with the landlord on the status of the repair appointments. He did not know when to expect the work to be completed.
It was evident that the resident had endured a high number of repair appointments for which he needed to facilitate access. While the surveyor and repair appointments were necessary, it was acknowledged that this caused the resident significant inconvenience. The resident told the landlord on 9 January 2023 that he had missed an appointment, but had not been aware it had been booked in. A further repair appointment was also cancelled on 31 January 2023 by the operative attending. This caused the resident further distress and the inconvenience of having to rearrange appointments. This caused the resident further frustration and had a detrimental impact on the landlord and resident relationship.
During the complaint process the resident repeatedly raised to the landlord that he was concerned about the impact of the damp and mould on his health. It was not clear from the evidence provided to this Service if the landlord had considered a decant for the resident in consideration of his health concerns. The resident had provided his medical information to the landlord and told the landlord throughout the complaint process that the damp and mould was affecting his health.
The resident confirmed to this Service that he had discussed his health concerns during the surveyor visit in December 2022. He said he was told during this visit not to sleep in his bedroom. While the landlord did offer the resident compensation to account for the loss of his bedroom in its final complaint response, it had not evidenced that it took this into consideration at the time. The landlord had not demonstrated that it had risk assessed the resident’s health concerns and explored if the option of a decant was required. In consideration that the property had 1 bedroom, the landlord had here failed to consider the impact on the resident of the loss of the use of this room at the time of the ongoing repairs.
In his complaint, the resident said he had medical issues as a result of the damp and mould at his property. In its stage 1 complaint response, the landlord told the resident that in order to fully deal with this part of his complaint it needed further information on the medical issues raised. It also advised the resident that it may have needed to pass the information onto its insurers. This was an appropriate response to a potential personal injury claim. It was reasonable for the landlord to request further information given the serious nature of the claim.
The landlord said in its final complaint response that it would review its offer of compensation if there was evidence that the resident had suffered medical damage as a direct contributory result of the damp at his property. This was an appropriate response, given that it did not have the information to be able to assess this at the time. It would have been beneficial for the landlord to have been clear with the resident about the process of submitting a personal injury claim with its insurers. It was noted that the resident provided further medical information in July 2023. Following this, the landlord had provided information to the resident about making a claim. However, it was evident that the resident was unclear on the process during the complaint period.
To provide a fair response, landlords are expected to resolve complaints by addressing both the main issue raised and any inconvenience that happened. When a landlord agrees that it failed to provide a service, the expectation is for the landlord to offer redress. The landlord attempted to resolve the substantive complaint through a total offer of compensation of £1125. This was broken down as £500 for the loss of the bedroom, £575 for the length of time for the repairs to be completed and £50 for the cleaning of a carpet.
While the offer of redress made by the landlord shows good practice in trying to resolve complaints and learn from outcomes, the compensation was not fully appropriate for the failings identified. The resident informed this Service that the complaint had a significant and detrimental impact on his ability to enjoy his home and he had spent considerable time and trouble chasing the landlord for responses throughout and after the complaint process.
In summary, the resident had experienced delays to the works ordered to rectify the damp and mould in his property. The work identified as required to the property was not fully completed until 8 months after the resident’s report of mould in November 2022. While the landlord had here taken appropriate steps to arrange mould washes, completed investigations, and raised works to prevent the recurrence of the mould, the repairs had taken too long. The landlord was aware of the resident’s health concerns during the complaints process. However, it failed to explore if a decant was necessary while the works were ongoing due to the resident’s health vulnerabilities.
As a result, the resident experienced significant distress and inconvenience over an extended period of time, which included concerns over the impact of the damp and mould on his health. The landlord had attempted to put this right for the resident through its offer of compensation and had acknowledged some of its failures. This included the loss of the use of his bedroom. However, its offer of redress did not go far enough to reflect the full impact of its failures here to take into consideration the impact on his health at the time. As such there was service failure in the landlords handling of the resident’s reports of damp and mould. A further amount of £150 of compensation has been ordered in addition to the compensation previously offered by the landlord. This is in line with the Ombudsman’s remedies guidance for cases where the landlord’s failures have had a serious, and detrimental impact.
In addition, a recommendation has been included for the landlord to review its staff training needs in regard to the importance of communicating with residents throughout the repair process.

The landlord’s handling of the resident’s concerns about damage caused to his personal possessions by the damp and mould.

The tenancy agreement says the landlord is not responsible for insuring a resident’s contents or personal belongings.
The resident told this Service that his furniture had been damaged by mould. This damage was identified during the surveyor visit to the property in December 2022. The resident also followed up with the landlord on 4 January 2023 about the damage to his belongings.
The landlord offered the resident £750 compensation for the damaged items in its stage 1 response on 10 March 2023. This was for the bed, mattress, headboard, 2 bedside cabinets, a pair of shoes, and 2 suitcases. However, it was noted that this response on the matter was provided 47 working days after the resident had raised the issue. The resident also had to raise it as a complaint to receive a response from the landlord. The landlord’s delay here was inappropriate. As a result, the resident had taken the time and trouble to continue to follow up with the landlord on this matter. He contacted the landlord on 17 January 2023 to follow up on his contact on 4 January 2023. The landlord did not demonstrate that it returned the resident’s calls to discuss this, until after it had received a complaint.
This Service was not able to comment on whether the landlord was liable for the damage to the resident’s possessions, because we do not have the authority or expertise to determine or award damages for liability in the way that a court or insurer might. However, the landlord had delayed in responding to the resident on this matter. As a result, he had to follow up with the landlord on this and raise a complaint to receive a response. This had caused the resident distress and inconvenience. Therefore, there was service failure in the landlord’s handling of the resident’s concerns about the damage caused to his personal possessions by the damp and mould. It would be appropriate for the landlord to pay the resident additional compensation of £50 to account for its failure here.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s reports of damp and mould in his property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s concerns about damage caused to his personal possessions by the damp and mould.

Orders and recommendations

Orders.

The Ombudsman orders the landlord to apologise to the resident for the failings identified in this report.
The Ombudsman orders the landlord to pay the resident a total of £2075 compensation. This amount includes the £1875 offered during the complaints process. Compensation not already paid, should be paid directly to the resident, and not offset against any arrears. The compensation comprises of:
1. £1225 for the distress, and inconvenience caused by the landlord’s handling of the resident’s reports of damp and mould.
2. £50 as previously offered for carpet cleaning.
3. £750 as previously offered for the items damaged by mould.
4. £50 for the distress, and inconvenience caused by the landlord’s handling of the resident’s concerns about damage caused to his personal possessions by the damp and mould.
The landlord is to provide evidence of compliance with the above orders to this Service within four weeks of the date of this report.

Recommendation.

The landlord should review its staff training needs in regard to the importance of communicating with residents throughout the repair process.