Wandsworth Council (202004657)

REPORT

COMPLAINT 202004657

Wandsworth Council

20 January 2021

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 of repairs to the property, including to address damp and mould.
1. The resident’s reports of pest issues in the property.
2. The resident’s request to be moved to a larger property.
3. The associated formal complaint raised.

Background and summary of events

The resident is a tenant of the landlord, a local authority. The property is a ground-floor flat. She is recorded as having vulnerabilities on the landlord’s system. The resident has historically reported several repairs which the landlord, including issues with mould in the property.
In 2019 the resident made an application to be re-housed to a two-bedroom property, but this was declined following the landlord’s medical advisor determining that the resident’s care needs could be reasonably met by visiting carers, and that an extra bedroom was not medically essential.
In January 2020 the landlord raised a repair to address the resident’s report of witnessing a rat in a cupboard near her front door.
In February 2020 the landlord internally corresponded that it visited the resident and:
1. She complained of draughts and rain coming under the patio and front doors.
1. She complained of issues with damp and said she wanted to move to a better ventilated property.
2. It advised the resident she may seek legal advice or approach this Service.
On 3 March 2020 the landlord raised repairs to the resident’s bathroom and kitchen taps. The repairs were marked as complete on 5 March 2020.
The works raised to pest control (a minimum of three visits including minor proofing and bait collection) were marked as complete on 23 March 2020.
The landlord internally advised in May 2020 that it spoke with the resident regarding her wish to move due to the condition of her home and the impact on her medical condition and, although she was previously given no priority for a housing transfer, it asked her to provide further medical evidence so it could look at another transfer.
Furthermore, the landlord noted that it believed the property was prone to damp due to its construction and location and it relied on extractor fans. It said it believed this was worsened by the resident having a lot of furniture, noting that she had moved from much larger accommodation, and had carers stay over and pets which contributed to the moisture in the property. The landlord said that the issue appeared to be inevitable given the resident’s circumstances and confirmed it would be happy to support her to apply to move to a more spacious and better ventilated property, potentially a two-bedroom property, if the need for a carer was accepted by the housing allocations team.
On 18 June 2020 the landlord raised a repair for the resident’s patio and main front doors, which it noted was letting rainwater in.
The landlord raised a repair on 13 August 2020 to resecure the loose toilet pan in the property.
Following contact from the resident, this Service contacted the landlord on 19 August 2020 and advised that the resident said she complained multiple times to the landlord “about being forced to living in a garage with no rear windows”, but the landlord had not replied. She had mentioned having several health issues, and that her living arrangements were making her condition worse. This Service asked the landlord to engage with the resident about her concerns and issue her a complaint response.
The landlord wrote to the resident on 3 September 2020 requesting contact to further discuss the complaint.
On 8 September 2020 the landlord internally advised that it had spoken with the resident. She referred to mould in the property, but it found it difficult to clarify with her what outstanding repairs there were. The landlord said it advised the resident that it would continue to liaise with her to ensure all repairs were complete. She referred to wanting to move from the property on medical grounds and it suggested sending her the appropriate forms and advised that she complete and return them with any supporting evidence if she wished to be considered for a management transfer.
The landlord internally corresponded on 10 September 2020 and reiterated that it had spoken with the resident twice but found it difficult to establish her specific complaints; therefore, it had not yet logged a formal complaint. It noted it would continue to liaise with the resident to try and resolve any outstanding issues but did not intend to treat the matter as a formal complaint at that time. The landlord subsequently updated this Service as such on 17 September 2020.
On 21 September 2020 the landlord internally advised that it had encouraged the resident to report any repairs to the relevant team “but that otherwise she would need to register again on the housing list for a move on medical grounds”. She stated her need for an extra bedroom for an overnight carer and that her medical condition was impacted by the damp in her home and its location/design. The landlord confirmed it had previously sent the resident copies of a medical housing application form and resent them and offered to help with its completion as much as possible, given coronavirus restrictions.
The landlord completed the repair to the loose toilet pan on 25 September 2020.
On 9 November 2020 the landlord completed repairs to the resident’s patio and main front doors. It also renewed the lock to her door.
The landlord internally advised on 12 January 2021 that it had spoken to the resident, who called “to make further complaints about the condition of her accommodation”. She had reiterated concerns about the damp conditions in her home; stated that she found a mouse in her kitchen; and that a small window in her living room area remained screwed shut after a contractor attended some time ago. The landlord noted that she still wished to move to different property and had to reapply for this. It was unable to further assist her with the application, as there were restrictions on home visits due to the coronavirus.
On 13 January 2021 the landlord raised a repair for a defective bathroom light fitting. It was marked as complete on 18 January 2021.
Following further contact from the resident, this Service wrote to the landlord on 19 January 2021 to advise that the resident had complained about the landlord’s handling of her:
1. Reports of repairs needed in the property, including to fix a draught under the front door and blocked vents in the windows.
1. Reports of damp and mould in the property.
2. Request to be re-housed in a two-bed property with the landlord’s support.
3. Reports of mice in property.
This Service asked the landlord to contact the resident for further details of the complaint and respond in line with its complaints procedure.
On 20 January 2021 the landlord raised several repairs, including to: address the reports of mice; a light fitting; the resident’s windows, patio and main entrance door; a loose kitchen unit; and to install extractor fans in the living room and bedroom of the property.
On 25 January 2021 the landlord completed the repair to the resident’s light fitting and raised a further repair for her kitchen taps.
The landlord internally advised on 28 January 2021 that when it spoke to the resident in October 2020, she was upset about the condition of her property but confirmed that repairs raised previously had been completed. It confirmed it received further contact from the resident on 12 January 2021 and spoke with her on 20 January 2021. The landlord said that during this conversation the resident raised the following concerns:
1. Mice in the property.
1. Windows, patio and main doors allowing rainwater into the property despite previous works being carried out.
2. Unable to open the patio door as she has misplaced the key.
3. Kitchen light hanging off.
4. A request for extractor fans in bedroom and living room to reduce the condensation and mould growth in the property.
5. Kitchen wall unit not secure.
6. Worktop lifting and loose.
The landlord also confirmed it provided the resident with a copy of a housing application form in September 2020, but recently the resident suggested she had not received it and so it sent her another. She confirmed receipt of the form on 25 January 2021, and it was awaiting its completion and return.
Further to this Service’s emails to the landlord, it advised on 28 January 2021 that it considered the matters regarding the resident’s transfer and repairs as ongoing service requests. Therefore, the landlord advised that it would not be logging the resident’s complaint under its formal complaints procedure.
The landlord’s pest control contractor attended on 1 February 2021 and laid bait.
On 24 February 2021. the landlord raised a repair to resecure the resident’s toilet, and this was completed on 1 March 2021.
This Service wrote to the landlord on 6 March 2021 and reiterated the complaints that the resident had raised on 13 January 2021. We advised that the resident had since contacted us on 5 March 2021 to confirm she received a call from the landlord and how some of the repairs have been completed. However, we advised that the resident said:
1. There were still many outstanding repairs and pest control attended but did not return as agreed. The resident was unhappy that the new ventilation system would use her electricity and she was experiencing issues with her toilet coming away from the wall.
2. She received a housing application form and would be completing this; however, she was unhappy the landlord placed her in accommodation which she felt was not suitable for her health conditions.
This Service requested that the landlord responds within ten working days or, if this was not possible, to provide a date the resident could expect to receive a response.
Pest control re-attended on 8 March 2021 and confirmed no mice activities were detected. They laid more bait and confirmed they would arrange a further appointment after three weeks to remove the bait if no further activity was found.
On 9 March 2021 the landlord wrote to the resident to acknowledge the complaint and confirmed it would respond within 20 working days.
On 26 March 2021 the landlord raised works to replace the resident’s front door.
The landlord provided a stage one complaint response, on 29 March 2021, as follows:
1. It recounted the pest control events (as detailed in paragraphs 28 and 32). A further visit was booked for 9 April 2021 and, should there be no evidence of further mice activity the bait would be removed, and the treatment deemed successful and complete.
1. Works to the kitchen light fitting and to secure the WC were completed shortly after the orders were raised and the resident confirmed during a call on 25 March 2021 that there were no further problems with these.
2. The contractor assigned the repair to all windows and the patio door advised that they had difficulty contacting the resident to carry out the works as she did not respond to their calls or messages. It then arranged with the resident directly to complete the works on 25 March 2021, and they were completed that day. However, a new living room window was required, and the landlord raised a work order.
3. It had not yet completed works to address a kitchen unit and worktop which required resecuring due to coronavirus restrictions on its contractors working on non-emergency jobs within tenanted properties. The landlord would prioritise these works once restrictions were relaxed.
4. To fit extractor fans, replacement glass units needed to be made to accommodate the fans and measurements for these units were taken on 24 March 2021. However, the resident informed the contractor that she was reluctant to have these works completed. The landlord asked the resident to contact it (if she wished you to proceed with the installation of extractor fans in the bedroom and living room) for it to arrange the works. It encouraged her to do this, noting that the fans would assist with any condensation-related issues that the resident may be experiencing.
5. The resident was offered an appointment for 31 March 2021 to replace the taps on her bath and wash hand basin (it is not clear when this repair was first raised); however, she advised that this appointment was not convenient. She had not provided an alternative date. It encouraged her to provide a date that she could give access for the work to be completed.
6. It had raised an order to replace the front entrance door on 26 March 2021 and it would soon be in touch with an appointment.
The landlord confirmed that its medical advisor concluded an extra bedroom was not medically essential in the resident’s case when she applied in April 2019. The resident was subsequently advised about reapplying and that she would need to make a further online application, but no further application was received. It advised her about making a new application and contacting her tenancy support officer to discuss this.
The landlord concluded that it had raised repair orders for works within the property when the resident reported repairs, but there had been delays due to the resident not responding to contractors when they contacted her. Finally, it concluded that the property was suitable for her needs due to it being a ground floor property and her care needs could be met by visiting carers.
Pest control attended to treat the mice infestation on 6 April 2021. The works to overhaul the resident’s windows, patio, and main entrance door and renew the patio door lock were completed on 3 May 2021. The landlord completed the replacement of the bath and basin taps on 10 May 2021. On 14 May 2021 the landlord raised works to adjust the resident’s patio door, and this was completed on 17 May 2021. The works to replace the resident’s door were marked as completed on 20 May 2021.
This Service wrote to the landlord on 10 June 2021, following further contact from the resident. We advised that the resident still wished to move property and for the landlord to assist her with the application process because she was experiencing difficulty completing the relevant forms. This Service asked the landlord to provide a written response within the timescales in its complaint policy or timescales set out in the Ombudsman’s Complaint Handling Code, whichever was sooner.
We wrote again to the landlord on 21 June 2021 and asked it to escalate the resident’s complaint and provide a final response within 20 working days. This Service also reiterated that the resident asked for support in completing transfer application forms.
The landlord acknowledged the stage two complaint on 24 June 2021 and confirmed it would respond by 13 July 2021.
On 1 and 2 July 2021 the landlord unsuccessfully attempted to call the resident to assist with her transfer application forms.
Works to resecure the resident’s loose kitchen wall unit and work top in her kitchen were completed on 8 July 2021.
The landlord updated the resident on 13 July 2021 that it was taking longer than usual to finalise its stage two response and extended the timeframe for its response to 27 July 2021.
On 14 July 2021 the landlord internally advised that it was struggling to contact the resident to support her in completing her housing transfer application and that the resident explained she was in and out of hospital.
In the landlord’s final complaint response of 19 July 2021, it confirmed that the resident’s new living room window had been measured and ordered. It explained that its contractors advised it of a significant lead time on orders of this nature at that time; however, it expected the window to be received and installed within two to three weeks. The landlord confirmed that the resident had not contacted it to arrange the installation of extractor fans.
The landlord reiterated its response when the resident applied for a larger property in 2019, and its advice that she reapplies online. No further application was received, but it had arranged to contact the resident to assist with completing the relevant forms at this Service’s request.
The landlord concluded that all the reported repair issues within the property had either been completed, closed on the resident’s request, or were scheduled to be completed soon. It confirmed that the most recent assessment of the resident’s needs confirmed that the property was suitable for her needs and suggested that she accepts the assistance offered to complete the relevant transfer forms.
On 26 July 2021 the landlord confirmed it had spoken to the resident to support her with submitting her online housing application and was waiting for her to send further medical information.

Assessment and findings

Landlord’s obligations

The resident’s tenancy agreement explains that the landlord’s employees, agents, or contractors may need to enter the resident’s home at reasonable times to inspect it or carry out repairs or other work and it expects the resident to agree to this. It will tell the resident when it intends to attend. If the resident reports a defect, it will take reasonable steps to put it right within a reasonable time.
In line with the landlord’s repairs procedure, it is responsible for most repairs inside the property. Outside office hours, its emergency team will cover emergency repairs to the property or communal areas where necessary. This may involve making safe or carrying out a temporary repair until it is able to deal with the repair the following morning. The landlord should treat all such repairs as a priority the next day. The procedure does not give timescales for non-emergency repairs.
The landlord’s website provides details on how residents can prevent condensation and mould, including heating and ventilating the property, and reducing moisture levels. It explains that if residents already have condensation and mould, they may use a dry cloth to wipe away moisture from windows, sills, mirrors or walls each morning, and remove and clean mould.
The landlord, being also a local authority, uses a housing allocation scheme to determine priorities and to set out procedures to be followed in allocating housing accommodation. The housing allocations scheme provides details of how applications for housing may be made, the supporting information required to allow the landlord to assess such applications, and how it gives reasonable preference to applicants with certain indicators of housing need.
Under the landlord’s housing allocation scheme, applicants apply for accommodation by completing an online form. Advice on and assistance with completing the form may be provided where appropriate. The housing allocation scheme is framed to give reasonable preference to certain groups, including people who need to move on medical or welfare grounds.
The landlord’s complaints procedure defines a complaint as “an expression of dissatisfaction with the [landlord], however expressed, whether justified or not” and as “an expression of dissatisfaction about the [landlord’s] service (whether that service is provided directly by the [landlord] or by a contractor or partner) that requires a response”. It says that in some cases, it may need further information to fully consider the matter and it should contact the complainant and ask for more information in these cases. Once the landlord receives the information, it should log and acknowledge the complaint within two working days and respond within 20 working days.

The complaint about the landlord’s handling of the resident’s reports of repairs to the property, including to address damp and mould.

The resident reports that damp and mould has caused damage to her property and belongings and is having an impact on her physical health. This Service is unable to comment on liability for health, as this is a matter more appropriate for the courts. However, we can investigate the landlord’s handling of her request for repairs to address damp and mould, window repairs, and other minor repairs.
There are several occasions of the landlord responding promptly to the resident’s reports of repairs and there is no evidence to suggest that any of these repairs would ordinarily be considered an emergency. For example:
1. The landlord completed a repair raised on 3 March 2020 for faulty bathroom cold water tap and kitchen taps on 5 March 2020.
1. On 1 March 2021 it completed a repair raised on 24 February 2021 to resecure the resident’s toilet.
2. It completed a repair raised on 13 January 2021 to a defective bathroom light fitting on 18 January 2021.
3. On 25 January 2021 it completed a repair to a light fitting in the property, raised on 20 January 2021.
4. It completed repairs to the resident’s patio door, raised on 14 May 2021, on 17 May 2021.
5. On 25 September 2020 it completed a repair raised to a loose toilet pan, raised on 13 August 2020.
There were some delays in other works, including to the loose kitchen unit and lifting worktop, which took around 6 months to complete. The landlord explained to the resident that the reason for the delay was due to coronavirus restrictions on its contractors working on non-emergency jobs within tenanted properties. Landlords cannot be held responsible for unavoidable delays as a result of coronavirus restrictions. This is explained in the government’s guidance dated 28 March 2020, which says that “landlords should also know they should not be unfairly penalised where COVID-19 restrictions prevent them from meeting some routine obligations.” Because evidence to suggest that the repairs were emergency has not been provided, and the landlord has provided a reasonable explanation for the delays and completed the work, the landlord’s handling of these repairs were reasonable given the circumstances.
On 25 January 2021 the landlord raised a repair for the resident’s bath and basin taps. On 29 March 2021 it offered the resident an appointment for 31 March 2021 to replace the taps on her bath and wash hand basin; however, she advised that this appointment was not convenient. On 9 April 2021 the resident confirmed to the landlord that the contractor attended to complete some of the works, and the rest of the works were complete on 10 May 2021.
While it is understandably frustrating that the repairs raised to the resident’s window, patio door and front door on 19 January 2021 took several months for the landlord to complete, the evidence demonstrates that the landlord was actively attempting to resolve the issues. According to the landlord’s records some of the delays in the contractor’s first attendance were the result of the contractor not receiving a response to its calls or messages to the resident, so they cannot be attributed to a service failure by the landlord. The landlord completed repairs on 25 March 2021 and determined that a new living room window and front door were required. It is often necessary for contractors to complete inspections and attempt repairs prior to replacing windows and doors, and these were respectively installed on 3 and 20 May 2020.
However, there were occasions where the landlord unreasonably delayed in raising repairs. For example, the resident first reported damp in her home in February 2020, but the evidence suggests that the landlord did not raise a repair or inspection in relation to this until following involvement from this Service in January 2021. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. The landlord also has a responsibility under the Housing Health and Safety Rating System, 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 is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
The landlord eventually raised a repair to install additional extractor fans in the property. It is acknowledged that there were some delays in the arrangement of this repair due to additional parts being required and measurements being taken on 24 March 2021. Furthermore, the resident informed the contractor (and later this Service) that she was reluctant to have these works completed and did not contact the landlord, as it requested, to arrange the repairs. However, the landlord’s delays in acting on the resident’s report was service failure and resulted in the resident incurring time and effort in pursuing the matter. Therefore, it would have been reasonable for the landlord to have acknowledged the failure and offered redress by way of apology and compensation, but it did not.
Furthermore, in February 2020 the resident reported that draughts and rain was coming under her patio and front doors. While there is no evidence to suggest this repair was an emergency, the landlord still should have attended to it within a reasonable timeframe, especially considering that the resident was already experiencing damp. However, the landlord took four months to raise a repair, and a further five months to complete the repairs. It has not provided an explanation for the delays, or offered an acknowledgement, apology, or compensation, which was unreasonable given the circumstances.

The complaint about the landlord’s handling of pest issues in the property.

In line with Shelter’s guidance, landlords are responsible for dealing with pest problems if it needs to complete repairs to stop pests getting in and/or if an infestation makes the resident’s home unsafe to live in. If the landlord is responsible for the pest problem, they should carry out repairs and arrange a visit from pest control.
In this case, the records demonstrate that when the resident has raised concerns about pests in her property the landlord has promptly arranged for pest control to attend to identify any potential infestation and carry out any “proofing works”, in line with its obligations.
Although the resident has stated that she does not believe the landlord has resolved the pest issue, when deciding on how best to proceed with the repair, it is reasonable for a landlord to rely on the conclusions of its appropriately qualified staff and contractors. In this case, the landlord’s pest control contractor did not identify any rodent activity in the property and subsequently no further action was taken. This Service concludes that the landlord’s response to the issue was reasonable in the circumstances.

The complaint about the landlord’s handling of the resident’s request to be moved to a larger property.

It is clear from the records that the resident wishes to move property on medical grounds, in particular to a larger property to accommodate overnight carers. As previously explained, the Ombudsman does not have any say over the landlord’s housing stock, so we will not be able to order it to move the resident. Additionally, the Ombudsman cannot consider complaints which relate to application for re-housing specifically made to the landlord. Complaints about the assessment of such applications, the award of points or banding, are more likely to be considered by the Local Government and Social Care Ombudsman (LGSCO). However, we can investigate whether the landlord has properly considered the resident’s request to be rehoused and provided the appropriate advice.
Considering that the resident’s previous housing application in 2019 on such grounds was denied, the landlord has appropriately suggested that the resident reapply and provide further medical evidence to demonstrate that she needs to move on medical or welfare grounds, in line with its housing allocations scheme. The records also demonstrate that the landlord has attempted to provide the resident advice on and a assistance with completing the application form when the resident has requested it, in line with its housing allocations scheme.
Overall, the landlord has provided the resident with reasonable advice and support in relation to moving property, in line with its housing allocations scheme.

The complaint about the landlord’s handling of the formal complaint.

The landlord took over a year to log the resident’s complaint, which it eventually did following involvement from this Service in March 2021, after she initially complained about the condition of her property and repairs required in February 2020. This is despite the resident attempting to raise a formal complaint again in January 2021, and this Service asking the landlord to raise a formal complaint in August 2020 and January 2021.
While the landlord has expressed that it experienced some difficulty in clarifying the resident’s specific complaints in September 2020, this clarification was subsequently given by both the resident and this Service and therefore the landlord should have raised a formal complaint.
Additionally, the landlord informed this Service in January 2021 that it considered the issues raised regarding repairs and the resident’s wish to move as ongoing service requests. However, this does not align with the landlord’s language throughout the evidence, referring to the issues as ‘complaints’, and even advising the resident that she may seek legal advice or approach this Service in February 2020. Ultimately, the resident had raised her dissatisfaction with the landlord’s handling of the matters, and therefore it should have raised a complaint in line with its complaints procedure and the Ombudsman’s complaint handling code, regardless of whether it considered it to be justified or not.
Given the time and trouble that the resident went to in raising a formal complaint because of the landlord’s complaint handling failures as detailed above, it would have been reasonable for the landlord to have provided redress by way of apology and compensation, in line with this Service’s remedies guidance. However, the landlord did not do this.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s:
1. Reports of pest issues in the property.
1. Request to be moved to a larger property.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s reports of repairs to the property, including to address damp and mould.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the associated formal complaint on the issues.

Reasons

The landlord has provided reasonable advice in response to the resident’s request to be moved to a larger property and has offered support with the resident’s rehousing application. It promptly handled some of the repairs to the property and acted quickly and relied upon its pest contractor’s findings in line with good practice. However, it unreasonably delayed in raising repairs or inspections in relation to the resident’s reports of damp and mould, and a draught and rain coming from under her front and patio doors. The landlord also unreasonably delayed in logging a formal complaint, in line with its complaints procedure and this Service’s remedies guidance, and has not acknowledged this failing or offered redress.

Orders

The landlord is ordered to pay the resident £500 in compensation as follows:
1. £200 for the time and trouble to her of pursuing the aspects of the repairs for which delays were identified, including the issue of damp and mould in the property.
2. £300 for its handling of the formal complaint.
The landlord should contact the resident to arrange a further inspection of the property to ensure that any outstanding repairs are identified and works arranged with the resident.
These orders are to be complied with by the landlord within 28 days of the date of this report.

Recommendation

It is recommended that the landlord review its staff’s training needs in relation to their application of its complaints procedure to seek to prevent a recurrence of its above service failures. This should include consideration of this Service’s guidance on remedies at https://www.housing-ombudsman.org.uk/about-us/corporate-information/policies/dispute-resolution/policy-on-remedies/ and the completion of our free online dispute resolution training for landlords, if this has not been done recently, at https://www.housing-ombudsman.org.uk/landlords/e-learning/;