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Vivid Housing Limited (202328542)

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REPORT

COMPLAINT 202328542

Vivid Housing Limited

24 February 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

  1. The complaint is about the landlord’s handling of damp and mould repairs at the property.
  2. The Ombudsman has also looked at the landlord’s handling of the associated complaint.

Background

  1. The resident is an assured tenant of the landlord since 2013. The property is a 2-bed bungalow. The resident has told this Service he lives at the property with his wife who suffers with chronic obstructive pulmonary disease (COPD).
  2. On 25 July 2022 the resident first raised damp and mould repairs at his property. The resident raised further damp and mould repairs on 16 January 2023 and then 17 August 2023.
  3. The resident complained to the landlord on 26 September 2023. He said he was concerned with the damp and mould at his property, and he felt “fobbed off” by the landlord.
  4. On 6 October 2023 the landlord replied to the resident at stage 1 of its internal complaints process. It said it had acted quickly to the resident’s reports of damp and mould and did not uphold his complaint. On the same day the resident escalated his complaint.
  5. The landlord replied to the resident at stage 2 of its internal complaints process on 16 November 2023. It said it recognised there had been failings with its handling of damp and mould at the property and the resident’s complaint. It awarded the resident £500 compensation.
  6. The resident escalated his complaint to this Service and on 20 January 2023 said he is still concerned with the damp and mould at his property.

Assessment and findings

Scope of investigation

  1. Throughout the complaint and in communication with this Service, the resident has said he was concerned about the impact the damp and mould has had on his wife’s health and wellbeing. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an injury, oral testimony can be examined in court. While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced because of any service failure by the landlord.
  2. The scope of an Ombudsman investigation can be limited by various factors. This includes the amount of time that has passed since the events in question. In the interest of fairness, the scope of this investigation is limited to repairs raised from 25 July 2022 and that completed the landlord’s internal complaints procedure on 16 November 2023. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions before the involvement of this Service. In addition, residents must bring their complaint to the Ombudsman within a reasonable period.

The landlord’s handling of damp and mould repairs

  1. On 25 July 2022 the resident reported to the landlord a possible leak under the shower and damp and mould within the bathroom of the property. The landlord’s repair log shows it attended on 27 July 2022 and resolved the leak under the shower.
  2. On the same day the landlord raised a job to “overhaul fans in property” due to damp and mould. This was marked as completed around 3 months later. The repair log noted an inspection for damp and mould was raised. However, the landlord has told this Service the inspection did not take place.
  3. The resident told the landlord on 16 January 2023 there was damp and mould at his property. On the same day the landlord’s repair log shows a damp and mould wash was raised for the resident’s property. This was marked as completed on 24 February 2023.
  4. On 7 August 2023 the landlord fitted a new kitchen at the resident’s property. The resident told the landlord on 17 August 2023 that he was concerned the new units had been fitted over black mould on the walls in the kitchen.
  5. The landlord conducted a damp and mould survey at the property on 22 September 2023. It’s visit notes said there was “no mould found at time of survey. However, the landlord said there was mould behind the kitchen units. It said this was usual as “most units trap condensation behind them”. The landlord raised routine repairs for the cladding, brickwork and an external drain at the property as follow on repairs.
  6. The resident’s tenancy agreement states the landlord will keep in good repair the following at the property:
    1. Internal and external walls.
    2. Skirting boards.
    3. External pathways.
    4. Showers.
  7. The landlord’s damp and mould policy states residents with “respiratory issues” or over 65 years old will come under its “highrisk” category with mould present at their property. For high-risk cases the policy states it will:
    1. Arrange a damp and mould specialist visit to survey the property within 2 working days. 
    2. Raise an emergency repair for any remedial works for damp and mould, such as a mould wash.
    3. Complete root cause remedials within 1 week and other remedial works within the usual “28-day target”.
  8. The resident complained to the landlord on 26 September 2023. He said he was concerned about the damp and mould at the property. The resident said he felt he was being “fobbed off” by the landlord and his wife’s doctor had told her the damp and mould was affecting her health. He said there was now a large gap between the skirting board and the floor in the bedrooms where he could touch the breeze blocks behind it. The resident also said there was a “hole” in the path at the side of the property.
  9. On 6 October 2023 the landlord replied to the resident at stage 1 of its internal complaints process. It said that following its damp and mould inspection it had raised the following repairs:
    1. An inspection of cladding below the kitchen window and the external path at the property.
    2. A repair to extract and refill cavity wall insulation.
    3. The landlord said that from “the moment” the resident reported damp and mould it acted by arranging a damp and mould survey and follow on repair works.
    4. It did not uphold the resident’s complaint.
  10. In its stage 1 response the landlord confirmed that followon remedial works had been arranged for within the 28-day target as per its damp and mould policy. This was appropriate of the landlord.
  11. However, the following were not in line with the damp and mould policy and were therefore inappropriate failures by the landlord:
    1. It did not arrange a specialist damp and mould visit or any remedial repairs when the resident first reported damp and mould in 2022.
    2. The landlord’s repair to overhaul the fans of the property was delayed by 2 months.
    3. A mould wash raised that should have been classed as an emergency repair took 29 working days to be completed.
    4. It delayed the damp and mould inspection by around 24 working days following the resident’s concerns of damp behind the new kitchen units.
  12. The landlord also failed to address the resident’s concerns of the gap between the skirting board and the flooring in the bedroom. The resident had reported his wife had vulnerabilities that were specifically highlighted as a high risk in the landlord’s damp and mould policy. The landlord’s inaction and delayed repairs caused the resident distress and inconvenience.
  13. On the same day as the landlord’s stage 1 response the resident escalated his complaint with the landlord. He said he felt the landlord was “masking” the damp and mould issue in his property.
  14. The resident received a letter from the landlord on 13 October 2023. It said it was closing the damp and mould case it had open for his property as there had been no activity on the file. The resident contacted the landlord, and it apologised to him for this error in communication.
  15. On 10 November 2023 the landlord completed a damp and mould survey at the resident’s property. It found:
    1. The property “lacked ventilation” and there were very high humidity readings in all rooms.
    2. The TV ariel was allowing rainwater to drip into a cavity.
    3. The bathroom extractor fan needed to be upgraded to a “humidity unit”.
  16. The landlord replied to the resident at stage 2 of its internal complaints process on 16 November 2023. It said the following:
    1. The landlord had learnt from the complaint. It said it would consider using external contractors for hard to resolve damp and mould cases or when residents have health conditions.
    2. The following repairs had been raised:
      1. Wall cavity repair and the repointing of the brick work was booked in for 21 November 2023.
      2. An inspection and to address any mould behind the kitchen units. An appointment would be confirmed with the resident.
      3. Upgrade the bathroom extractor fan to a humidity fan on 18 January 2024.
    3. Due to household vulnerabilities, it would look at installing an “additional ventilation system”.
  17. The landlord apologised and offered £500 compensation to the resident, broken down as:
    1. £150 for the failure to resolve the issues at stage 1.
    2. £50 for the failure to identify the need to install a humidity fan.
    3. £100 in recognition of internal decoration that may be required.
    4. £200 for the distress and inconvenience caused.
  18. At stage 2 the landlord compensated for a failure to not upgrade the bathroom fan at the property. The landlord said it would explore other ventilation systems for the property. Both of these actions were reasonable. Its acknowledgement of learning aligned with the Ombudsman’s Dispute Resolution Principles: Be Fair, Put Things Right and Learn from Outcomes.
  19. However, the appointment given for the bathroom extractor fan meant a delay for the repair of around 18 working days. The landlord also failed to recognise the repair for the wall cavity was delayed by around 4 working days. This is compared to the timeframes stated in the landlord’s damp and mould policy for remedial repairs.
  20. In summary, the landlord failed to fully adhere to its policy when the resident reported damp and mould at his property. It then did not recognise the failings in handling the damp and mould at stage 1 of its complaints process. The following year when the resident raised concerns again, it took appropriate action. However, not within the timescales stated in the damp and mould policy. At stage 2 there was recognition of its failure, but it did not acknowledge where there had been further delays. The resident’s wife was living with a vulnerability which can be aggravated by damp and mould. The landlord’s failures and delays caused the resident distress and inconvenience.
  21. Where there are admitted failings by a landlord, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right for the resident. The landlord’s offer of £500 went some way to put things right. However, it does not fully reflect the extent of its failings and the distress and inconvenience this caused to the resident. As such a determination of maladministration is made and £100 further compensation is ordered. This is in line with the Ombudsman’s remedies guidance of maladministration where there was a failure of the landlord, and this had a physical and emotional impact of the resident.

The landlord’s handling of the associated complaint

  1. The resident complained to the landlord on 26 September 2023. The landlord replied to the resident at stage 1 of its internal complaints process, around 9 working days later, on 6 October 2023. This was within the 10-day timeframe for it to respond as provided by the landlord’s complaints policy.
  2. However, in the landlord’s stage 1 response it failed to address the resident’s concerns with the skirting boards in the bedrooms of the property. Point 5.6 of the Ombudsman’s Complaint Handling Code (the Code) states landlords must address all issues raised in a complaint. The landlord failed to do this, and this was inappropriate.
  3. On the same day as the stage 2 response the resident escalated his complaint. The landlord responded to him around 29 working days later on 16 November 2023, at stage 2 of its internal complaints process. This was a delay of around 9 working days beyond the requirement of its policy to respond at stage 2 within 20 working days.
  4. The landlord’s complaints policy states that if more time is required it will make contact with the resident to agree a response date. However, the landlord did not do this, and the delayed response did not acknowledge or apologise for its failing.
  5. In summary, the landlord failed to acknowledge the delay with its stage 2 response and there was a lack of acknowledgement with the resident’s concerns with the bedroom skirting boards in the property. This leads to a determination of service failure. An order for £75 compensation to reflect the inconvenience and delay caused by the landlord’s complaint handling is set out below.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of damp and mould repairs.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the associated complaint.

Orders

  1. Within the next 4 weeks the landlord must:
    1. Provide the resident with a written apology for the failures detailed in this report.
    2. Pay the resident £675 compensation broken down as:
      1. £600 for the landlord’s handling of damp and mould repairs at the property. The landlord may deduct the sum of £500 which it previously offered as compensation, upon receipt it has already been paid to the resident.
      2. £75 for the landlord’s handling of the associated complaint.
    3. The balance of compensation must be paid directly to the resident and not off set against any rent or service charge arrears.
    4. Conduct a survey into the causes of any remaining damp and mould at the property. The landlord will compile a report and schedule of works required to address any remaining issues, together with the associated timescales.
  2. The landlord is to provide evidence of compliance with the above orders to this Service within the timescales set out above.