Your Housing Group Limited (202310534)

REPORT

COMPLAINT 202310534

Your Housing Limited

11 November 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. Damp and mould, including the presence of woodlice and garden flooding.
2. Window, guttering and an extractor fan repair.
3. Shower and sink drainage problems and shower adaptations.
4. Cold in the bathroom.
The Ombudsman has also considered the landlord’s record keeping and complaint handling.

Background

The resident has an assured shorthold tenancy of a 3-bedroom bungalow which started on 7 November 2018. The resident has multiple sclerosis and breast cancer. She advised the landlord of her conditions on 14 March 2023. The landlord’s repair records note on 15 October 2019 that the resident is vulnerable and has cancer.
The landlord was first aware that the resident had leaking guttering on 6 May 2021. The landlord’s repair records from 12 January 2022 noted the resident reported that:
1. her shower was in poor condition, and it leaked onto her floor
2. there was a damp black mark on the wall outside by her bathroom window
3. her bathroom was cold and damp and there was damp on a wall

On 14 March 2023 the resident complained to the landlord about:
1. rising damp in the bedroom and mould in her bathroom
2. her shower leaking and not been tall enough for her to shower properly
3. unspecified problems with water flow and the bathroom flooring
4. cold from her bathroom coming into her bedroom.
On 6 April 2023 the resident told the landlord that damp and mould had damaged two wardrobes, clothes, footwear, and the carpet. The resident also told the landlord that a surveyor visited her property on 29 March 2023 and recommended work.
On 5 June 2023 the landlord completed a damp and mould survey. This identified condensation and black mould in the property was caused by insufficient ventilation and fresh air. It recommended the upgrade on the extractor fans in the kitchen and bathroom.
On 25 August 2023 the resident told the landlord that:
1. her shower did not drain away and flooded her hallway carpet
2. the bathroom sink did not drain properly
3. someone told her that the shower needed to be moved and the shower head needed raising but this was outstanding
4. the hallway carpet needed replacing and the damp had ruined her clothing and stopped her being able to store her clothing.
The landlord provided its stage 1 complaint response on 15 September 2023 and said:
1. it replaced the resident’s kitchen and bathroom extractor fans on 28 June 2022
2. it treated the resident’s bathroom and bedroom for mould on 20 July 2023
3. it delayed the tiling and regrouting in the bathroom because the resident had an operation
4. it attended on 12 September 2023 to assess the problems the resident experienced with drainage in the shower and agreed to arrange remedial works
5. it agreed to do a mould wash on 20 September 2023 and rake out and regrout the bathroom tiling
6. it agreed to arrange a CCTV drainage survey
7. it aimed to complete all work by 31 December 2023 and offered £400 compensation.
The landlord spoke with the resident on 8 November 2023 and the resident further complained about woodlice and flooding in her garden. The resident also said that the landlord agreed to move her showerhead and complained about a slow-draining shower and water pooling. The resident reiterated that she had draughts coming from her bathroom.
The landlord attempted to arrange a call with the resident between 18 December 2023 to 17 January 2024 to discuss her complaint, but the resident was too unwell to speak.
The landlord sent a letter to the resident on 18 March 2024 and said:
1. it had been unable to discuss the complaint because the resident had been unwell
2. it visited the resident on 20 March 2023 and applied a mould treatment to her bathroom and bedroom
3. it made appointments to grout the tiles in the bathroom for 14 April 2023 and 24 May 2023 however the landlord had to re-arrange these because of the resident’s medical appointments
4. the resident had told it that she did not need this work as her whole bathroom needed to be replaced
5. it raised a damp survey on 5 May 2023 and completed the recommended works on 20 July 2023 that included:
  1. a bathroom fan upgrade
  2. treatment of the bathroom for mould using an anti-bacterial and fungicidal solution
  3. painting of the bedroom walls with an anti-mould paint.
6. it had to rearrange an appointment it made for 29 August 2023 for 13 September 2023, and it completed the following repairs on the dates in brackets:
  1. CCTV drainage survey (15 September 2023)
  2. repositioning of the shower head rail (8 November 2023)
  3. raking out and regrouting of the tiles in the bathroom (during the week commencing 7 November 2023) with further follow-on work identified on 13 November 2023 to rectify some grout that had come away which it arranged for 24 April 2024
  4. supply and fitting of a low-level shower screen that it planned for 22 February 2024 but re-arranged for 15 March 2024 as the shower screen was not on site on 22 February 2024
  5. it rearranged a further appointment to fit the shower screen and booked this for 26 April 2024 as the operative attended at the wrong time on 15 March 2024
  6. removal of the fixed seat in the shower (8 November 2023)
  7. resealed the front and rear windows with brown silicone (9 November 2023)
  8. boxed the top of the boiler to block a draught (9 November 2023)
  9. repainted the bathroom (8 December 2023)
  10. fixed the gutter leak by replacing four stop ends, one union joint and two internal corners and realigning the gutter (18 January 2024)
7. the only outstanding jobs were fitting the shower screen and some loose grout.
8. it acknowledged a lack of ownership and communication and said it would offer an additional £800 compensation.
On 7 April 2024 the resident told the landlord that:
1. it had let her down and there were outstanding jobs
2. she needed to place the shower screen on hold as she needed to do a referral to occupational therapy (OT)
3. the sink still drained slowly, and the shower did not “follow right”
4. she believed the OT referral would resolve the problem with the drainage
5. the plaster in the bathroom had come off and the mould had returned to her bathroom
6. there was a “horrendous draught in the bathroom” which entered her bedroom and affected her health
7. the landlord had put lots of putty on the windows, but this had not worked, and she still had a draught from her lounge window and front bedroom
8. the roofers had not repaired the guttering by the side gate properly and it had leaked
9. the roofers had left a hammer on the roof
10. there were lots of woodlice which the resident said was a sign of dampness and the area surrounding her property regularly flooded
11. the landlord had not completed the works recommended in March 2023 and she never received a report following this inspection
12. her furniture and clothes had been damaged by the damp and she had experienced “terrible stress”.
The landlord provided its stage 2 on 29 April 2024 and said:
1. it confirmed following on from its letter of 18 March 2024 that it raised a few repairs following the inspection in March 2023 and completed a damp survey in May 2023
2. it fitted a fan in the bathroom and kitchen on 28 June 2023
3. its contractor completed works on 20 July 2023 to upgrade the bathroom and bedroom fans, mould treat the affected areas and painted the bedroom walls with anti-mould paint. It delayed completing this because the resident was in hospital
4. it upgraded the bathroom fan on 20 July 2023
5. the resident declined further visits after April 2024 and told the landlord she was awaiting an occupational health assessment and so did not want any further work in the bathroom at the time
6. it completed a repair to seal the resident’s windows on 9 November 2023 but agreed the gasket of a window needed to be pushed back into place and agreed to arrange this for 26 April 2024
7. it acknowledged that the guttering works completed in January 2024 were unsuccessful and agreed to reattend on 30 May 2024
8. when it inspected the resident’s property for damp and mould on 15 April 2023 it had no concerns
9. it acknowledged that the photograph from the resident showed a mould build up. It said this was due to the resident’s use of the property and was not down to a defect
10. it would arrange for the hammer to be removed from the roof if it were still there, but this was not mentioned when the landlord visited on 15 April 2024
11. it apologised for the lack of ownership, communication and delays and confirmed it had paid the resident the £800 it offered on 18 March 2024
12. it had attempted to speak with her between 18 December 2023 and 17 January 2024 but could not as the resident was unwell. It agreed, on 7 March 2024, to write to her with its findings
13. the resident would have to claim on her home contents insurance for any damage to her property.
On 28 June 2024 the resident told this service that the landlord recommended a new radiator in her bathroom following an inspection on 29 March 2023.
The resident told this service on 23 July 2024 that she still has:
1. mould on the bathroom tiles and floor
2. a slow draining sink and a shower that “does flow right”
3. a shower that needs to be relocated to an outside wall, a shower seat that needs to be removed, and a shower head that the landlord needs to place higher
4. seals on the lounge, bedroom and bathroom windows that are gone
5. cementing that is needed again outside a bedroom window
6. a gap by the boiler in the kitchen
7. guttering at the front and back that was still leaking after two repairs
8. a rusty bathroom radiator
9. outstanding works from the inspection on 29 March 2023 and the survey that was done on 5 June 2023.
The landlord was aware that the resident alleged that the damp and mould damaged two of the resident’s wardrobes, footwear, clothes and that she had to run a dehumidifier at her own expense.

Assessment and findings

The scope of the investigation

The resident has expressed concerns regarding the impact of the damp and mould on her health. She has specifically referred to this affecting her cancer and more generally causing her stress.
Where claims are made that a person has been injured or that a medical condition has worsened because of a landlord’s actions or inactions, the Ombudsman must consider the available evidence. When this type of dispute arises, the courts rely on expert evidence in the form of a report from an independent medical professional. This will give an expert opinion on the cause of any injury or deterioration. A court will also allow the cross examination of witnesses and allow the evidence to be tested. This process helps the court determine whether a person’s health has been injured by the landlord’s actions or omissions. It would be fairer, more reasonable, and more effective for a court to consider this. The Ombudsman can consider any distress and inconvenience likely caused to the resident by the landlord’s handling of the damp and mould.

The landlord’s obligations

The landlord was responsible for keeping in order and repairing the resident’s sink, windows, extractor fan and guttering. The landlord was also responsible for the drainage and wastewater pipes serving the resident’s shower and property. This was under the resident’s tenancy agreement.
The law requires the landlord to complete repairs within a reasonable time. The resident’s tenancy agreement requires the landlord to give the resident at least 24 hours’ notice to access the property, except in emergencies.
The landlord’s repair policy states that the landlord must:
1. complete emergency repairs, where the resident is vulnerable, within 4 hours. This includes situations where there is a serious risk to a resident or their home
2. complete urgent repairs within five working days
3. respond to reports of damp and mould within 21 calendar days
4. respond to routine repairs within 28 calendar days
5. monitor and keep residents updated on any repairs that exceed this length
6. make another appointment if it cannot access a resident’s property, making at least three attempts to access it before closing the repair.
There is also a provision in the landlord’s repair policy to offer an enhanced service to vulnerable residents.
The landlord’s damp, mould and condensation policy requires it to comply with all legal and regulatory standards. The policy states the landlord must offer a “suitable and sufficient response” to reports of damp and mould. This includes identifying the cause of any damp and mould and completing any repairs it is responsible for in line with its repairs policy.
Sections 9A and 10 of the Landlord and Tenant Act 1985 place an obligation on landlords to ensure that their properties are fit for human habitation. This includes being free from hazards caused by cold and damp and mould under the Housing Health and Safety Rating System (HHSRS).
The HHSRS is a risk-based tool to help councils identify and protect against risks and hazards to health in properties within their area. Landlords are also under a duty to see that residents are safe from personal injury or damage caused by defects. This is under the Defective Premises Act 1972, s 4.
The landlord was also under an obligation to consider making reasonable adjustments where the resident is assessed as a disabled person within the meaning of the Equality Act 2010. The usual process would be for the resident to seek an occupational health report which would set out what adjustments made need to be made to the property.

The landlord’s handling of damp and mould

The resident reported damp and a “black mark” on the outside wall by her bathroom window on 12 January 2022. The landlord ought to have inspected the resident’s property to find out the cause of the damp and black mark. While it is unclear if or when the landlord inspected the property, it raised a repair on 27 January 2022. This was to locate and repair a leak in the cold-water pipe that had caused the brickwork to go black. This was an appropriate response, but the landlord’s repair records do not state the outcome of this repair. Therefore, the Ombudsman cannot be satisfied that the landlord completed this repair.
The repair records do show that the landlord raised a job on 24 February 2023 for a mould wash and a job to regrout the bathroom tiles. This was over a year since the landlord raised the last job. The delay in taking action and absence of any evidence to explain what the landlord did between January 2022 to February 2023 means that the Ombudsman cannot be satisfied that it acted reasonably.
The landlord’s records show that it completed a mould wash on 20 March 2023 and raised a job for a damp and mould inspection three days later. The resident’s account is that a building surveyor came over on 29 March 2023 and recommended work to address the damp and mould. The landlord has not disputed this. The landlord has not provided either the Ombudsman or the resident with a copy of the report from this visit. Therefore, the Ombudsman is unable to assess whether the landlord acted on any recommendations within a reasonable time.
The landlord said in its final stage 2 that it completed a damp survey on 5 May 2023 although it has not provided a copy of this.
The landlord’s evidence is that it booked an appointment to regrout the resident’s bathroom tiles on 14 April 2023 and 24 May 2023, but the resident cancelled both because of medical appointments. It was appropriate of the landlord to offer appointments for this work. The evidence shows that the resident told the landlord on 23 May 2023 that it did not need to do the regrouting work as the whole bathroom needed replacement. The Ombudsman considers that it was reasonable of the landlord not to pursue this follow-on work. This is because the resident told the landlord it was not necessary for it to do this.
There is no other reference to the regrouting until the landlord wrote to the resident on 15 September 2023 to say that an operative would rake out and regrout the bathroom tiling on 20 September 2023. It is unclear from the evidence what prompted the landlord to offer this so the Ombudsman cannot determine if the landlord acted within a reasonable time. The resident emailed the landlord at 1:11pm on 20 September 2023 to ask the landlord to rebook the appointment as she needed to rest.
The resident expressed dissatisfaction that the landlord failed to attend after it left her a message to say that the operative would come at 3:20pm. The landlord’s account is that it cancelled the appointment as it had not heard from her that this time would be convenient. In the Ombudsman’s opinion this was reasonable as the landlord did not want to disturb the resident and the resident did not confirm this time was convenient.
The landlord acted appropriately in rebooking the appointment to regrout on 28 September 2023 for 9 November 2023. The landlord’s repair policy allowed it to complete repairs beyond 28 calendar days. The landlord’s damp, mould, and condensation policy states that the landlord can complete planned work within 63 calendar days. This action was therefore in line with these policies.
The landlord told the resident on 18 March 2024 that on 13 November 2023 it noticed a small amount of grout had come out, so it arranged for it to re-do this on 26 April 2024. The Ombudsman has not seen any repair records for the attendance on either the 9 or 13 November 2023 and the Ombudsman considers that the landlord ought to have arranged an earlier appointment. This is because a delay in completing this minor work of five months was unreasonable and not in line with its policies.
When the resident complained of damp and mould throughout her property on 23 May 2023 the landlord arranged a survey on 5 June 2023. This was a reasonable step to take as it was in line with its damp, mould, and condensation policy. This survey recommended that the landlord replace the bathroom and kitchen ceiling extractor fans. It also recommended that the landlord mould wash the bathroom tiles and mould wash and “anti-white wall” the bedroom.
While the landlord visited on 28 June 2023 to assess the extractor fans, it did not replace them or complete a mould wash until 20 July 2023. The landlord has not provided any photographic evidence to verify what paint work it completed on this day and the resident disputed on 25 July 2023 that it had painted her bedroom with anti-mould paint. Given the lack of detail or photographic proof over what work the landlord completed and the disputed account of the work done, the Ombudsman cannot be satisfied that the landlord satisfactorily completed all the work recommended on 5 June 2023.
The landlord’s view in its stage 1 response is that it agreed to another mould wash on 20 September 2023 but that this did not go ahead because the resident needed to rest. While the Ombudsman cannot fault the landlord for not completing a mould wash it ought to have arranged an appointment for another one. The landlord’s repair policy states it should make at least three attempts to complete a repair, therefore the landlord’s actions were not in line with its policy.
By 8 November 2023 the landlord was aware that the resident had concerns that the woodlice in her property and the garden flooding were further evidence of the damp and drainage problems she experienced. The Ombudsman has not seen evidence that the landlord inspected the property for garden flooding or for a woodlice infestation. The Ombudsman considers that the landlord ought to have inspected the property and provided the resident with a considered response to these issues.
This is because the presence of woodlice is indicative of a moisture problem and the resident had complained of dampness. The resident had also raised concerns about garden flooding which she believed were connected to the drainage problems she experienced internally. The landlord ought to have investigated to satisfy itself on whether this was an issue and if so whether it was something it was responsible for.
The resident told the landlord on 7 April 2024 that mould had returned to her bathroom. The landlord’s account is that it visited the resident on 15 April 2024 and concluded that there was no mould present. While it was appropriate of the landlord to have inspected, the resident has disputed its findings and the landlord has not provided evidence, photographic or otherwise, to support its conclusions. The Ombudsman cannot therefore be satisfied that the landlord acted reasonably. The Ombudsman has therefore made an order in respect of the damp and mould and resident’s concerns about woodlice and flooding.
The landlord was aware since 29 August 2023 that the resident used dehumidifiers to help manage the damp and mould. The Ombudsman has not seen evidence the landlord considered whether one was necessary or if it should cover any additional costs of this in line with its compensation policy. The Ombudsman has therefore made an order in relation to this.
Overall, the Ombudsman cannot be satisfied that the landlord provided a “suitable and sufficient” response to the damp and mould, to both identify the cause and do any repairs. This is because of:
1. the lack of evidence of the action it took between January 2022 to February 2023
2. the lack of evidence that it completed all the work recommended on 29 March 2023 and 5 June 2023 in a timely way
3. the delay in making an appointment to finish the regrouting between 13 November 2023 to 26 April 2024
4. its failure to inspect the property for garden flooding or consider the resident’s concerns about woodlice which she believed were connected to the dampness.
The landlord, in its stage 2 response, told the resident the mould build up was because of her use of the bathroom. The Ombudsman expects landlords to avoid placing blame on residents for damp and mould. In the Ombudsman’s opinion, having regard to the matters outlined in the preceding paragraph, the landlord did not demonstrate an effective or fair approach to the damp and mould. Therefore, the Ombudsman has found maladministration in the landlord’s handling of this.

Window, guttering and extractor fan repairs

The window repairs

It is unclear when the resident reported that her windows were in disrepair. This was a failure in record keeping. The landlord’s repair show that it raised a job on 10 May 2022 to reseal the external gable window on the ground floor on 19 May 2022, but the landlord cancelled this without explanation.
The repair records showed that the landlord raised a job on 21 September 2023 to reseal in silicon the front and back windows. The landlord’s said in its stage 2 response that it completed this work on 9 November 2023, however the landlord raised another job on 22 February 2024 to seal the lounge window. Based on the available evidence the landlord failed to deal with this repair in line with its repair policy.
The resident told the landlord on 7 April 2024 that the seals on the lounge window were draughty as was the front bedroom window despite the landlord’s use of putty. The evidence shows that the resident told the landlord about problems with the window seals on an unannounced visit on 15 April 2024. The Ombudsman considers that it was not reasonable of the landlord to have visited without an appointment, this is because the resident told it on 20 September 2023 that she would like a weeks’ notice and the landlord ought to have given at least 24 hours written notice to comply with the tenancy agreement.
The landlord’s account is that when it visited the resident again on 26 April 2024 the sealant on the windows looked fine and the resident would not allow internal access. Although it is unclear the extent of the inspection the evidence indicates that the landlord attended but was unable to complete a full inspection. However, the landlord ought to have arranged another appointment to satisfy its repair policy which requires multiple attempts.
Overall, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair policy. The is also an absence of evidence to verify what work the landlord did on 9 November 2023 and there was a failure to arrange another appointment after 26 April 2024.

The guttering

The landlord’s evidence shows that the resident reported the leaking guttering on 6 May 2021. It raised a job to seal the downpipe and clean the gutter (as necessary) and to extend the valley on 10 September 2021. This was so the water would run into the gutter. It also raised a (unspecified) repair job for leaking guttering on 23 September 2021. There is no evidence of what the landlord did in relation to either of these two reports. This was a record keeping failure. The landlord raised a job to install a gully to the rear yard on 10 May 2022 that was booked for 14 June 2022 but was noted as cancelled without explanation.
The landlord raised a job to repair the guttering on 21 September 2023 in relation to the “coupling” (drainage connection). The landlord booked this for 28 November 2023, but the resident cancelled this on 15 November 2023 as she had a hospital appointment. Although the landlord reorganised this for 14 December 2023 the landlord had to cancel this as the roofer was unwell. It rebooked the appointment for 16 January 2024 but had to postpone this until 18 January 2024 because of snow. The delays were outside the landlord’s control, but the Ombudsman is of the opinion that the landlord should have scheduled the work sooner to satisfy its repair policy.
The landlord said on 18 March 2024 that it replaced four stop ends and one union and two corner pieces of the gutter as well as realigning the gutter on 18 January 2024. The resident complained to the landlord on 7 April 2024 that the roofers had not repaired the guttering properly by the side gate as it still leaked. The resident also said that the roofers had left a hammer on the roof.
This service notes that the landlord raised a job on 18 April 2024 to inspect and clean the gutters, while this was a reasonable response there is no indication of the outcome of this. The landlord also told the resident in its stage 2 response that it booked another appointment for 30 May 2024 but has not provided an update on what the outcome of this was. As the resident told the Ombudsman on 23 July 2024 that the guttering at the front and back were still leaking, the Ombudsman cannot conclude that the landlord provided an effective repair.
Overall, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair policy in dealing with the guttering. This is because of the lack of evidence regarding the action the landlord took in September 2021 and May 2022 in addition to the delay in the landlord completing a repair between 21 September 2023 to 18 January 2024. As the resident has said the guttering still leaks the Ombudsman has included an order relating to this.

The extractor fans

The landlord received a report of a broken extractor fan on 8 February 2022. Although it said it rebooked an appointment for this on 11 March 2022 it is unclear what happened at this appointment. The landlord raised another repair for an extractor fan in the bathroom and kitchen on 10 May 2022 which was booked for 14 June 2022. The landlord’s account is that it had to cancel and rebook it for 15 June 2022. While the landlord’s account is that it could not gain access to the resident’s property on 15 June 2022 there is no evidence of what other attempts it made to do this. This was not in line with its repair policy which required it to make at least three attempts to complete the repair.
The landlord’s evidence shows that it replaced the bathroom and kitchen ceiling extractor fans on 20 July 2023. This was after a survey done on 5 June 2023 recommended this. While this was a reasonable response overall, given the failure to do this work in 2022, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair policy.

Shower drainage

The resident reported on 12 January 2022 that her shower was not in a good condition and the floor of her bathroom was very wet. As the landlord was unclear what the issue was it was appropriate for it to seek clarification from the resident on 19 January 2022. It is unclear what the resident told the landlord from its records, but the landlord raised a job on 20 January 2022 to look at the non-slip floor. It is unclear what the outcome of this was.
On 25 August 2023 the resident told the landlord that her shower did not drain properly and flooded her hallway. She also explained that her sink did not drain properly. She also said that her shower needed to be relocated, and the shower head needed to be raised. Although the landlord responded appropriately by booking an appointment for 29 August 2023 to consider these issues, it failed to attend which was unreasonable. The landlord contacted the resident the day after and offered alternative dates. The landlord then attended without any notice on 6 September 2023. This was unreasonable and not in line with the resident’s tenancy agreement.
The landlord arranged to attend the property at midday on 13 September 2023. There was a delay in the landlord arranging this because the resident lost her mobile phone. The landlord cannot be criticised for not offering an earlier appointment in these circumstances. The landlord agreed to a CCTV drainage survey on 13 September 2023. The Ombudsman considers that this was an appropriate step to agree as the resident experienced drainage problems that the landlord was unable to resolve by plunging the sink and shower. The survey would be able to examine the drains and pipes serving the resident’s property for the cause of the drainage issues.
The landlord completed the CCTV drain survey on 6 October 2023 and found no structural issues with the drains and pipes. The landlord told the resident this on 20 November 2023 and explained it could not place a camera down her shower because the trap would not allow this, but it would consider alternative methods to improve the drainage. While the landlord’s decision to do a CCTV drainage survey and offer were reasonable there is no evidence that the landlord considered or communicated other options to improve drainage. This was a failure as the landlord told the resident that it would do this.
The Ombudsman notes that the resident told the landlord on 7 April 2024 that she planned to ask medical professionals to make a referral for an occupational therapy assessment. The resident told the landlord that she felt this assessment would “get to the bottom of sorting the drains”. The Ombudsman takes the view, however, that the landlord was under a duty to ensure the drainage was repaired and it should not have been necessary for the resident to have to arrange adaptations to resolve matters.

The shower adaptations

The landlord’s repair records from 31 January 2022 state that the resident struggled with her wet room and requested a shower screen as there was not one there before. The landlord took the view that it was not its responsibility to install a shower screen, but it booked an appointment for 11 February 2022. It is unclear what the purpose of this was or if this went ahead. It is also unclear of why the resident requested a shower screen and the Ombudsman has not seen evidence that the landlord told the resident it would not fit one at the time.
There is no provision within the tenancy that would place an obligation on the landlord to fit a shower screen. There is also no provision to say the resident was responsible for fitting one either. Nevertheless, it would have been prudent for the landlord to have considered:
1. what was being used to prevent water egress when the shower was in use
2. why the resident asked for a shower screen

whether the lack of shower screen was contributing to the damp and mould in the property
could this be a reasonable adjustment for which the landlord was responsible, and should it have asked for an occupational health report?

There is no evidence the landlord considered these points and that was a failure.
When the resident told the landlord on 25 August 2023 that she believed the shower needed moving and the shower head needed raising the landlord took appropriate action. On 21 September 2023 the landlord raised jobs to:
1. reposition the rail riser
2. remove the shower seat
3. measure for a low-level fixed shower screen.
The evidence from 8 November 2023 also indicates that the landlord agreed to raise the shower head, this was over eight months after the resident told the landlord her shower was not tall enough for her to shower properly (14 March 2023). This was an unacceptable length of time to consider and act on this given the resident’s vulnerabilities.
Although the landlord said on 18 March 2024 that it repositioned the shower rail and removed the shower seat on 8 November 2023 the resident disputed this in its communication to this service on 23 July 2024. The resident also said that the shower head needed to be moved higher. The landlord has not provided a completion report for 8 November 2023. Given the available evidence it is not possible for the Ombudsman to determine whether the landlord completed these adjustments. Therefore, the Ombudsman has made an order relating to this.
The landlord told the resident on 17 January 2024 that it would fit a shower screen on 31 January 2024. The landlord moved this appointment to 22 February 2024 which was reasonable as this was on the resident’s request. However, the evidence shows that the landlord made the appointment for the morning which was not reasonable as the resident had asked the landlord on 30 January 2024 to only book afternoon appointments because she was unwell. The landlord ought to have accommodated this request as its repairs policy allows it to agree such requests where residents are vulnerable. The landlord also failed to complete the fitting on 22 February 2024 because the shower screen was sent to the wrong site and so could not be collected. This was a failure because the landlord was responsible for ensuring its delivery in time for an appointment which it made to fit it.
The landlord’s account is that it rebooked this for 14 March 2024 but could not proceed because the resident was unavailable. It was appropriate of the landlord to attempt to rebook this as this was in line with its repair policy. The landlord’s evidence is that it rebooked the appointment again for 26 April 2024, but this did not proceed either as the resident refused it access and said she was waiting for an occupational therapy assessment.
The Ombudsman notes that the resident told the landlord on 7 April 2024 that the shower screen was “on hold” as she wanted to ask her medical professionals to make a referral to occupational therapy. Therefore, the Ombudsman considers, given the resident’s position, that the landlord cannot be faulted for failing to fit a shower screen on 26 April 2024.
There was some failure because of the dispute between the resident and landlord over what work the landlord completed on 8 November 2023 and the lack of documentation to verify the work.

Cold in the bathroom

The resident reported that her bathroom was cold on 12 January 2022 and again on 20 January 2022. The landlord’s repair records of the later report show it completed this job on 24 January 2022 but there is no evidence of what work the landlord completed.
Although the resident referred to the landlord recommending a new radiator after the inspection on 29 March 2023 there is no evidence of this. The repair records show that the landlord raised a job on 21 September 2023 to seal a gap near the boiler where a draught was coming in. It is unclear when the resident reported this or whether the draught was connected to the cold in the bathroom.
The landlord told the resident on 18 March 2024 that it boxed in the area where the draft was coming in on 9 November 2023, but it has not provided a completion report. This means that the Ombudsman cannot be satisfied that this work completed. The resident complained to the landlord on 7 April 2024 of a “horrendous draught in the bathroom” coming into the bedroom.
The evidence of the resident from 23 July 2024 is that there is still a gap near her boiler and that the seals on her bathroom, bedroom and lounge windows have gone.
Overall, the Ombudsman cannot be satisfied that the landlord acted reasonably or in line with its repair policy. This is because of the lack of clarity over:
1. when the resident reported the gap near the boiler
2. what work the landlord did in January 2022 and on 9 November 2023.

Record keeping

In this case it is difficult to determine the exact points when the landlord completed certain repairs or what work the landlord completed. This was because of the incomplete repair records that the landlord has provided this service with. This has affected the services ability to conduct a thorough investigation, as highlighted at various points throughout this report. This meant there is a lack of clarity over:
1. when the resident reported her windows were in disrepair
2. what the outcome of the jobs to repair the guttering on 10 and 23 September 2021 were
3. what the purpose of the appointment on 11 February 2022 concerning the shower was and what the outcome were
4. what the recommendations of the inspection on 29 March 2023 were
5. the outcome of the mould and damp survey on 5 May 2023 and evidence to support the findings that there was no mould present on 15 April 2024
6. what work the landlord completed on 20 July 2023 and whether it painted the resident’s bedroom with anti-mould paint
7. what work it completed on 9 and 13 November 2023 in relation to regrouting
8. what work the landlord completed on 9 November 2023 concerning the gap near the boiler and windows.
Record keeping is a core function of a repairs service. A landlord should keep accurate and detailed records to create an audit trail and to ensure that it can effectively monitor and manage repairs. The landlord’s poor record keeping highlighted above is likely to have contributed to the delays which the resident experienced, and which increased the resident’s distress. There for the Ombudsman has found maladministration in the landlord’s record keeping.

The landlord’s complaint handling

The landlord has a two staged complaint process. It must respond to complaints at stage 1 within 10 working days and to complaints at stage 2 within 20 working days. The landlord’s policy required it to acknowledge receipt of the stage 1 complaint within 5 working days.
The resident complained on 14 March 2023 and the landlord acknowledged receipt of this on 22 March 2023. The landlord attempted to call the resident on 24 August 2023 to discuss the complaint however the landlord did not provide a stage 1 response until 15 September 2023. It took the landlord 127 working days to respond at stage 1 against a target of 10 working days. The Ombudsman notes that it had to contact the landlord on 29 August 2023 to request a response. This was unacceptable as the delay in dealing with the complaint at stage 1 was not in line with the landlord’s policy.
The Ombudsman also notes that the landlord stated in its stage 1 and stage 2 that it replaced the kitchen and bathroom extractor fans on 28 June 2022. It then stated in its stage 2 that it upgraded the bathroom fan on 20 July 2023. However, the Ombudsman has seen evidence from 28 June 2023 that stated the landlord did not replace them on that day. The Ombudsman has also seen emails the landlord received from its contractors on 24 and 27 July 2023 saying that it completed this on 20 July 2023. The landlord also told the resident on 18 March 2024 that it completed a CCTV drain survey on 15 September 2023 however the survey shows that it completed this on 6 October 2023. Therefore, the landlord’s complaint responses contain inaccuracies or conflict with other evidence.
The resident complained again to the landlord on 8 November 2023 and the landlord ought to have treated this as an escalation. The landlord provided a holding response on 18 March 2024 and its stage 2 on 29 April 2024. This was 118 working days after the resident escalated her complaint against a target of 20 working days. This was not in line with the landlord’s policy.
However, the Ombudsman is of the opinion that the landlord ought to have responded sooner as it was aware of the outstanding issues and could have provided a response based on the evidence it had. The delay in responding delayed the referral to this service and added to the resident’s distress. The Ombudsman notes that it sent the landlord an email on 20 November 2023 which outlined the outstanding issues, and which required a response by 27 December 2023.
The Ombudsman notes that the landlord told the resident in its stage 2 to claim on her home contents insurance for the damage to the resident’s wardrobes, clothes, footwear, and carpets. The Ombudsman considers, given the delay and failures acknowledged by the landlord in addition to its duties under Defective Premise Act 1972, it was unreasonable of the landlord not to consider discretionary compensation for these. The Ombudsman has therefore made an order relating to this.

Determination

In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of damp and mould, including woodlice and garden flooding.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of a window, guttering and extractor fan repair.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of shower and sink drainage and shower adaptations.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of reports of cold in the bathroom.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s record keeping.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders

Within 28 days of the date of this determination the landlord must:
1. inspect the property for damp and mould and ensure the inspection is conducted by a suitably qualified person and considers whether there is any garden flooding that is contributing. The landlord should provide the resident and this service with a copy of this report. If any damp or mould is identified and is down to repairs the landlord is responsible for the landlord must agree with the resident a schedule of works saying what work will be done and by when
2. visit the resident’s property and assess whether there is a woodlice infestation and agree steps with the resident to address this, the landlord must provide the resident and this service with a copy of its findings
3. inspect the guttering for any defects and raise any repairs, confirming to the resident and this service its findings and if it needs to do any repairs state when it will complete them by
4. inspect the areas around the resident’s boiler and window seals in the lounge, bedrooms, and bathroom, confirming to the resident and this service its findings and if it needs to do any repairs state when it will complete them by
5. make a referral to occupational therapy, with the resident’s agreement, if this has not already been done
6. check and adjust the shower head hight and report to the resident and this service on the steps it took in November 2023 to deal with the shower rail and shower seat. If these are still outstanding the landlord must either complete the adjustments it agreed with the resident in November 2023 within 28 days of the date of this determination or await the outcome of any occupational therapy assessment with the resident’s agreement
7. write to the resident with confirmation of when it painted her bedroom or if this is outstanding arrange for the affected bedroom to be painted with anti-mould paint in line with the survey of 5 June 2023
8. pay the resident directly £1,300 in compensation (in addition to the payments already made) made up of:
  1. £1,100 for the distress and inconvenience caused by the failures and delays in dealing with the damp and mould, repairs to the windows, guttering and the failures in addressing the shower drainage problems including considering adaptations
  2. £200 for the failings in complaint handling which likely caused the resident distress, delayed a referral to this service and involved her in time and trouble.
The landlord must provide the Ombudsman with evidence of compliance with the above orders within 28 days of the date of this determination.
The landlord must within 56 days of the date of this determination:
1. offer compensation to the resident for losses to the resident’s wardrobes, footwear, clothes, and carpets on production from the resident of evidence of the damage, losses, and confirmation from the resident that she made no successful insurance claim
2. consider compensation for the use of a dehumidifier from 29 August 2023 on production of an electricity bill from the resident showing an increase in electricity usage from the year before. The landlord must write to the resident and this service explaining its decision with reference to its compensation policy
3. inspect the property to assess any drainage problems and agree an action plan to address any defects, having regard to any recommendations from occupational therapy. The landlord must provide the resident and this service with a copy of the action plan or confirmation that the resident has agreed to await the outcome of an occupational therapy assessment.
The landlord must provide evidence to the Ombudsman of compliance with the above orders within 56 days of the date of this determination.

Recommendation

The Ombudsman recommends that within 28 days of the date of this determination the landlord inspect the radiator in the resident’s bathroom to see if it needs replacing. It should write to the resident with its findings.