Torus62 Limited (202323921)

REPORT

COMPLAINT 202323921

Torus62 Limited

16 April 2025

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

The complaint is about:
1. The landlord’s handling of the resident’s reports of damp and mould following the completion of work outside his home.
2. The landlord’s handling of the resident’s complaint.

Background

The resident has an assured tenancy agreement which started on 2 May 2022. The property is a 1-bedroom bungalow. The housing records confirm the resident has microcytic, hypochromic anaemia.
The resident told the landlord on 21 November 2022 that water pooled on the path in his back garden. An inspection was undertaken on 30 December 2022 and it was determined that a drain needed to be installed and the paving flags relayed. This work was completed on 27 January 2023.
The resident told the landlord on 21 April 2023 that water still pooled on the path. A job was raised on the same day to reposition the drain against the wall.
The resident made a complaint on 27 July 2023. He said his path flooded and he was worried the water would enter his home through the air vents which were in the wall. He also noted the landlord had not responded to his request for updates or visited his home.
The landlord’s stage 1 complaint response was issued on 15 August 2023 and said:
1. A job had been raised to relay the drain in the rear garden but was not completed. This was because the resident did not agree the scope of the works.
2. The scope of works was revised following consultation with the landlord and included relaying the drain underneath the ramp at the rear of the property so that the water could drain into a gully. The ramp would need to be re-laid to facilitate this.
The resident told the landlord on 11 September 2023 there was mould on his bedroom furniture and clothing. He said this was due to water pooling on the path and entering his home. He also said he could not sleep in his bedroom due to the damp and his ongoing health issues. He asked for his complaint to be escalated on 12 September 2023.
The landlord issued its final complaint response on 11 October 2023 and said:
1. A job was raised on 30 December 2022 to install a drain and relay the paving at the rear of the property.
2. The resident told the landlord that the paving continued to flood after the work was completed. This was because the drain was not placed alongside the property wall.
3. Further works were raised on 21 April 2023 to reposition the drain alongside the property wall following an inspection.
4. The resident reported damp and mould in his property on 11 September 2023. The landlord attended on the following day and washed mould off the furniture.
5. The resident confirmed the drain was repositioned on 14 September 2023.
6. Temporary accommodation was offered to the resident, but this was declined.
7. A damp and condensation inspection was completed on 18 September 2023 and a job was raised to take up the laminate flooring in the bedroom to check for signs of water ingress. This was done on 9 October 2023.
8. Whilst no further works were identified after lifting the laminate flooring, it arranged for a dehumidifier to be provided. The dehumidifier was delivered on 11 October 2023.
9. It upheld the resident’s complaint given the length of time it took for repairs to be completed and the impact the situation had on him.
10. It would offer the resident £2500 compensation. This included £500 for failing to initially diagnose the problem, £250 for the delay in completing the work, £500 in recognition of the loss in the use of the bedroom, £500 for the distress and inconvenience that was caused and £800 for the damage to the resident’s possessions.

Post complaint events.

The resident told the landlord on 28 November 2023 that the compensation offered totalled £2550 and not £2500 as stated in the final complaint response. He also noted he had purchased his own dehumidifier given the one provided by the landlord was expensive and noisy to run.
The resident told this Service that he first reported issues with water pooling in September 2022. He also said the drains that were installed in January 2023 were incorrectly positioned next to the lawn rather than against the wall. The delays in completing the work resulted in damp and mould in his home and his possessions being damaged.
The resident said he accepted the landlord’s offer of £2550 compensation but noted it did not cover his losses. This included the cost of replacing the laminate flooring and removing his damaged possessions. He also noted the landlord had agreed to install a further drain against another wall given problems with water pooling at the side of his property.

Assessment and findings

The landlord’s obligations, policies and procedures.

The landlord has an obligation to ensure it complies with the Housing, Health and Safety Rating System (HHSRS). The HHSRS does not specify any minimum standards, but it is concerned with avoiding or minimising potential health hazards. Damp and mould are potential hazards that can fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified.
Whilst reasonable timescales are not defined in law, the potential health risks from damp and mould are significant. It is this Service’s view that landlords should take urgent action following reports of damp and mould.
The resident’s tenancy agreement says the landlord is responsible for keeping the structure and exterior of the property in repair. This includes pathways, external walls and drains. The resident is indicated as being responsible for reporting repairs and for insuring his personal possessions.
The landlord’s repairs and maintenance policy says it will keep its properties in good condition and comply with its statutory and contractual responsibilities. Responsive repairs are prioritised into the following categories:
1. Emergency repairs include jobs which affect the health of the resident or the safety or security of a property. Emergency repairs are completed within 24 hours.
2. Routine repairs are completed within 20 calendar days and include jobs which do not cause a major inconvenience to a resident.
3. Programme repairs include non-urgent jobs and are completed within 60 days of being reported.
The landlord’s repairs and maintenance policy also says:
1. It will arrange for a surveyor to visit resident’s homes where a technical inspection is required. This includes reports of damp and mould. Appointment times are agreed with residents. Once an inspection has taken place, residents are advised if a repair is required, and if so, what priority the repair has been given.
2. It will keep residents updated of any potential delays in completing repairs.
3. It will not accept liability or responsibility for maintaining or replacing items installed by residents which may be damaged when carrying out repairs.
4. Residents are responsible for insuring their own contents.
The landlord’s damp and mould policy sets out its approach to preventing and tackling reports of damp and mould. This includes completing inspections to determine if there is an issue with the fabric of the building, ensuring there is sufficient ventilation in the property and supporting residents. No timescales are included in the policy for carrying out inspections.
The landlord’s decant procedure says it will only consider offering residents temporary rehousing in exceptional circumstances and where works cannot be carried out with the resident in situ.
The landlord’s complaints policy comprises of 2 stages. Residents are contacted within 2 working days of making a complaint. The landlord’s contractor responds to stage 1 repair complaints within 10 working days. The landlord responds to escalations at stage 2 within 20 working days. If more time is needed, the landlord says it will contact the resident to advise them.
The landlord’s compensation policy says it will offer an apology and financial redress where there has been avoidable inconvenience, distress or harm. Compensation is also considered if any damages that are caused are a direct result of actions or omissions by the landlord or its contractors.

The landlord’s handling of the resident’s reports of damp and mould following the completion of work outside his home.

The landlord’s initial actions were appropriate and in accordance with its repairs policy. It arranged for the pathway to be inspected and for a job to be raised to lift the paving flags and install a drain. It did this in a timely manner and in accordance with its repairs and maintenance policy.
Whilst the job was completed on 27 January 2023, the work was not done in accordance with the landlord’s instructions. This was because the drain was installed next to the lawn rather than against the side of the property. This was a failure and meant water continued to pool on the path.
The landlord arranged for follow-up work to be completed following a visit to the resident’s home on 21 April 2023. This included agreeing to reposition the drain against the property wall and lay it underneath the access ramp. The landlord’s actions were reasonable in the circumstances and demonstrated it wanted to put things right for the resident.
The identified works were not completed by the target date. There is no evidence the resident was provided with an explanation for the delay. This was not in accordance with the landlord’s repairs and maintenance policy and led to the resident making a complaint on 27 July 2023. He said the water continued to pool on the path and he was concerned it would enter his home through the air vents. Whilst the landlord said its contractor tried to contact the resident several times, no record of this communication was shared with this Service. This demonstrated poor record keeping.
Whilst the landlord’s contractor confirmed in the stage 1 complaint response that the scope of the works had been amended, it did not offer an explanation as to why the job was not completed correctly in the first instance. Neither did it offer compensation for the inconvenience and distress caused. This was not in accordance with the landlord’s compensation policy.
The resident told the landlord there was mould on his furniture and clothing on 11 September 2023 and this was linked to the water that was pooling on the path. He also said he could not sleep in the bedroom given his health conditions.
The landlord responded in a timely manner and in accordance with its damp and mould policy. This included arranging for a mould wash to be carried out on the following day and for a surveyor to visit on 18 September 2023. It also said it would consider whether the resident needed to be moved temporarily following the inspection. This was in accordance with the landlord’s decant policy and demonstrated it took the resident’s concerns seriously.
Whilst the landlord carried out an inspection on 18 September 2023, it did not share a copy of the inspection report findings with this Service. There is also no evidence it shared its findings with the resident at this point. The landlord’s failure to do this meant the resident was not clear on the cause of the damp. This Service’s spotlight review on damp and mould (published October 2021) highlights the importance of landlords clearly communicating with residents and sharing relevant information to ensure they have confidence in it and understand the next steps.
The landlord arranged for the laminate flooring to be lifted to check for any signs of water ingress on 9 October 2023. Whilst it was reasonable for the landlord to do this, it is unclear from the housing records who was responsible for the flooring. The landlord also failed to confirm with the resident if it was responsible for replacing the flooring once it had been lifted. It would have been reasonable for the landlord to have done this given it accepted responsibility for completing the work. Without agreement to the contrary, the landlord was responsible for returning the property to the same condition.
There is no evidence the landlord discussed temporary rehousing with the resident during the inspection, despite previously agreeing to do so. Neither did it advise him to make a claim against his home contents insurance for the damage caused to his possessions. This was a failure and meant the resident was unclear whether the landlord would cover the cost of the damage to his belongings.
The landlord offered the resident temporary rehousing on 3 October 2023, but this was declined by him as he was concerned about the security of his home. It also arranged for a dehumidifier to be delivered on 11 October 2023 and agreed to cover the running cost. The landlord’s actions were reasonable in the circumstances.
The landlord confirmed on 11 October 2023 in its final complaint response that the drain was repositioned on 14 September 2023 and no further works were required following the removal of the laminate flooring. This provided clarity.
It also offered the resident an apology for the identified failings and £2550 compensation (incorrectly calculated at £2500). This included a payment of £800 for the damage caused to the resident’s personal belongings. The landlord’s actions were reasonable in the circumstances given it was not responsible for the damage to the resident’s possessions. The landlord did not, however, arrange for the laminate flooring to be replaced. This was not in accordance with the landlord’s compensation policy.
In summary, the landlord’s initial actions were appropriate and timely. This included carrying out an inspection and ordering the identified repairs. The work was not, however, completed correctly and there were delays in carrying out the follow-up repairs. Whilst the landlord responded to the resident’s reports of damp and mould in a timely manner, its communication with the resident was poor at times.
Whilst the landlord’s overall offer of compensation was reasonable, it failed to either compensate the resident for, or directly replace the laminate flooring. In this case, there was service failure by the landlord in its handling of the resident’s reports of damp and mould following the completion of work outside his home.

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

The resident made a complaint on 27 July 2023. There is no evidence the complaint was acknowledged by the landlord. This was not in accordance with the landlord’s complaints policy or the Housing Ombudsman’s Complaints Handling Code (the Code). This says complaints should be acknowledged within 5 working days. The landlord’s failure to acknowledge the complaint meant the resident was unclear when he would receive a response.
The landlord’s repairs contractor told the resident on 9 August 2023 that it needed more time to investigate his complaint. It said this was because it needed to agree the works with the resident. This was in accordance with the landlord’s complaints policy. A new deadline of 14 August 2023 was given to the resident.
The landlord’s contractor issued it stage 1 complaint response on 15 August 2023. This was 1 working day after the revised deadline date.
The resident asked for his complaint to be escalated on 12 September 2023. The complaint was acknowledged by the landlord via a text message on 14 September 2023. It also discussed the complaint with the resident on 3 October 2023. This ensured it understood his complaint and the outcomes he was seeking.
The landlord issued its final complaint response on 11 October 2023, in accordance with the timescales set out in its complaints policy. It offered an apology and compensation for the failings it identified. This demonstrated it learnt from the complaint and wanted to put things right for the resident.
In summary, the landlord followed its complaints policy in the main. Whilst it did not acknowledge the resident’s complaint, it offered an apology and compensation for the identified failings. In this case, there was no maladministration by the landlord in its handling of the resident’s complaint.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s reports of damp and mould following the completion of work outside his home.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s complaint.

Orders and recommendations

Orders

Within 4 weeks of the date of this report, the landlord is ordered to contact the resident and arrange to pay reasonable costs incurred by him in replacing the laminate flooring.

Recommendations

The landlord arranges refresher training for relevant staff on its compensation policy.