Southwark Council (202111047)

REPORT

COMPLAINT 202111047

Southwark Council

21 September 2022

Our approach

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

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

The complaint

The complaint is about:
1. The landlord’s handling of the resident’s reports concerning damp and mould.
2. The related complaint.

Background and summary of events

The resident is a secure tenant. The property is a two bedroom flat. The tenancy started on 28 March 2008.
The resident raised an online complaint with the landlord on 10 December 2019 regarding: “severe damp and mould”. The resident said she believed this was due to external issues and not down to her “lifestyle” which was something the landlord had said in the past. She explained she had used dehumidifiers, had kept the property ventilated and cleaned/painted over the walls but the issue remained. The resident requested that someone inspect the property.
The landlord arranged for a Technical Quality Officer (TQO) to attend the property on 19 December 2019. During this appointment the resident advised that the affected areas were the living room, toilet, kitchen and main bedroom.
The landlord repairs history show that on 7 January 2020, a job was raised by the TQO for repairs to address the mould with a target date of 4 February 2020.
On 14 January 2020, the landlord provided a stage one complaint response to the resident. This stated that following the inspection of the mould and damp affecting different areas in her property in December 2019, its TQO had recommended that repairs were carried out. It said the outstanding repairs had been assigned to its in-house contractor who had arranged a further inspection with her for 16 January 2020. It said this additional inspection was to ensure that they had the appropriate materials to complete the repairs within a sufficient time frame.
The landlord advised that it would continue to monitor the progress following the inspection and ensure the outstanding works were carried out until completion. It provided contact details of the case manager.
The landlord’s repair history for communal repairs to the resident’s block shows that on 22 January 2020, a work order to inspect roof and exterior was raised. The notes referenced that it related to an issue which was affecting resident’s flat.
The internal works to the resident’s property took place during the week beginning 10 February 2020.
The inspection of the roof and external wall took place on 26 May 2020. The landlord’s repair history indicates this led to a works order being raised on 22 June 2020 for scaffolding to be erected at the front elevation for repointing to the external brickwork and application of mastic sealant.
On 19 November 2020, the resident called the landlord to find what had happened with her case. The landlord told her that it was out of date and to send another email as her complaint had not been reviewed. The resident said that she had emailed the case manager a number of times but received no reply.
On 11 January 2021, the resident made a request in writing for a stage two review of her complaint. She advised that whilst works including a mould wash were carried out to her property in February 2020, the contactor had not returned to complete painting to the second bedroom and the ceiling. Furthermore, she said that the black mould had returned in this bedroom and that the room was very cold despite the heating being on. She believed the problem was that the walls in this bedroom were external walls and there was no insulation and as such it was not suitable for her daughter to sleep in this room as she had asthma. She was unhappy about the lack of any resolution to the mould issue which she said had been ongoing for years. She said she was losing energy due to the lack of insulation and the resident requested a refund of her energy payment. The resident attached photos titled “damp”.
On 29 January 2021, the resident contacted the landlord advising that had not received any acknowledgement or response to her stage two escalation request of 11 January 2021. She advised:
1. the walls in her property were cold and damp with black mould requiring continuous cleaning especially during the winter.
2. She was losing energy because the heating escaped through poor insulation
3. She decorated her walls only to have mould return and ruin her walls.
4. Her children no longer slept in their room because it was so cold and the mould always returned.
5. They were all working from home because of Covid-19 pandemic and she was having to keep the house heated twice as long because of the poorly insulated and damaged walls in the property.
The resident reiterated that the issues were not caused by her lifestyle rather due to the property which was why a contractor was sent out last year. She reiterated did not return despite lockdown easing and her sending chaser emails to the case manager. The resident said she would pursue this until a resolution was provided.
On 24 February 2021, the landlord re-raised the work order for scaffolding to be erected at the front elevation of the resident’s building for repointing to the external brickwork and application of mastic sealant.
On 23 March 2021, the landlord provided a stage two review final complaint response to the resident. It apologised for the delay in escalating her complaint and said this was due to it receiving a high number of complaints whilst in lockdown and now there was a backlog of complaints.
It acknowledged that she initially raised a complaint on 10 December 2019 and in response, said a TQO inspected the property on 19 December 2019 and identified that the following repairs were needed to address the issues found:
1. Bedroom one- Hack off existing plaster and skim 8m then paint.
2. Bedroom two- Wash dampness to walls and ceiling then paint entire room including cupboard. Renew 1.5m shelf in cupboard.
3. Living Room- Wash dampness affected areas
4. Bathroom- Remove silicone sealant, clean and renew sealant between wall and bath tub.
The landlord said it advised her in its stage one response dated 14 January 2020 that a further inspection was booked for 16 January 2020 so its contractor could would understand the full aspect of works and have all the required materials.
It said however that it did not give details of the repairs that were required at the time, in its stage one response.
It said there was no further correspondence on the complaint until 19 November 2020 when the resident had requested an update on the case. It confirmed that she was told she needed to send another email.
From reviewing the repairs history for the property and the block it was found that an inspection to the roof and brickwork was carried out by its roofing contractor on 23 May 2020. This works order had been raised by the TQO who attended in January 2020. Works were found to be required from the roof inspection however whilst the findings were provided to the Communal Repairs Manager, the TQO who had raised the works order had assigned the wrong contractor. For this reason, the recommended works were not completed.
Following her stage two request, it requested that the works be carried out and scaffolding was erected outside her building and, as of 18 March 2021, the works were completed. The work that was carried out was repointing of 2m squared of brickwork and the application of 1m of mastic sealant as the findings from its roofing contractor reported that excess moisture was entering into the property explaining the persistent return of mould following cleaning/painting, and these works would address this issue.
It apologised that this was not picked up earlier and that this was raised with the wrong contractor to begin with. It asked her to provide her heating bills from before the issue and more recent bills, it would be able to calculate the difference. It could then discuss this with one of its Repairs Managers to see if they are happy to reimburse the additional costs.
In conclusion, it was clear that the repairs to the external wall the property were not carried out in good time and that after the stage one complaint, the resident was not provided any further information. This caused significant delay in resolving the issue she had been experiencing. It explained that after the order for an inspection to the roof and exterior was raised on 22 January 2020, due to lockdown restrictions, this did not happen until 23 May 2020. However, the subsequent delay was due to an error on its part as the correct contractor was not informed of the required work. This delay totalled 43 weeks between 23 May 2020 and 18 March 2020.
The landlord said that in line with its complaint policy, it would award £5 per week for the delay, this amounted to £215. It said given that most of this time was during milder seasons, it be unable to award a higher tariff. It offered a further £50 for her time and trouble for the effort she had put into getting the issue resolved.
It also asked the resident to monitor any mould/damp issue now that the repointing work had been done. The landlord also advised that if there was still mould in the property, she should send further pictures and it would arrange for a TQO to inspect and if agreed, to have the mould washed off.

Post final response

On 7 April 2021, the resident contacted the landlord reiterating that some of the works undertaken in 2020 were not fully or adequately carried out and she provided details, much of which were a repeat of the information give in her January 2021 communications.
The landlord’s repair history show that on 8 April 2021 it raised a work order for an inspection of the property. A work order was raised on 23 April 2021 to carry out stage three mould treatment throughout and fit shelf.
The landlord’s internal records show an operative attended on 12 May 2021 however the work was not completed until 16 June 2021.
On 17 November 2021 the resident raised a further stage one complaint with the landlord regarding its handling of the damp and mould. As this complaint has not exhausted the landlord’s complaint process, the Ombudsman is unable to consider this later complaint in this review.
On 28 December 2021, the resident advised the Ombudsman that there was still mould in her property that she said was so bad it was affecting her and her children’s health. She mentioned that the landlord’s surveyors had recently attended whom she said advised her the issue was due to lack of insulation and damage to the brickwork externally.

Assessment and findings

The landlord’s Repairs Guide (policy) states where damp is reported, it will arrange to inspect the property within 20 working days to assess the most appropriate course of action. Under the ‘handy hints’ section of this policy it sets out causes of condensation and states this can cause mould to grow on walls. It says condensation can be reduced by the tenant taking steps to ensure the home is warm and well ventilated and by opening windows and using ventilation whilst cooking, washing or drying clothes and having a bath. It also mentions ensuring there is a gap between radiators and any furniture.
Whilst the presence of damp and mould within a property can be caused by condensation, there are other root causes that can lead to this for example, a structural or building defect issue. Therefore, the landlord’s policy to inspect a property in the first instance where damp and mould is reported is appropriate as it enables the landlord to identify the most appropriate course of action.
In the resident’s case, the landlord arranged for its TQO to initially inspect the property on 19 December 2019 following the resident advising of “severe damp and mould” in her stage one complaint dated 10 December 2019. The landlord’s repair history dated from the start of 2019 indicates the resident made no reports regarding damp or mould prior to her formal complaint. Therefore, the inspection arranged for 19 December 2019 shows the landlord acted within the 20 working day timescale stated in its policy which was appropriate. Furthermore, whilst in her complaints the resident mentioned the landlord previously told her that damp and mould in the property was because of her lifestyle, in the timeframe reviewed there is no evidence of the landlord stating this.
Repairs to address the mould growth within the property were recommended by the landlord’s TQO following the 19 December 2019 inspection. These included: washing off mould growth from walls; replastering and repainting the main bedroom; repainting the walls in the second bedroom and renewing the silicone sealant between bathroom wall and bathtub.
The landlord’s repair contractor attended on 16 January 2020 to further assess the works which were then carried out during the week beginning 10 February 2020. Whilst this work was completed six days later than the target date of 4 February 2020, as it was a minor delay it is not sufficient to amount to any failure in the service provided.
However, the landlord’s TQO had also recommended an inspection of the roof and external wall. A job was raised for this on 22 January 2020 yet this was not carried out by its roofing contractor until 23 May 2020. In its final complaint response the landlord explained that the four month delay with inspecting was due to time taken to arrange scaffolding and have it certified and then because of covid restrictions (applied in late March 2020). The landlord is not responsible for the delay caused by the national lockdown from 26 March 2020 onwards as this was outside of its control, however it is responsible for the two month delay prior to this from 22 January 2020, as regardless of the need for scaffolding, the lack of action during this period constitutes an unreasonable delay.
The landlord then failed to progress works recommended by its roofing contractor to repoint the external brickwork and apply mastic sealant. Its repair records show whilst a job order was raised on 22 June 2020, this was not completed within a reasonable timeframe. It was not until further contact from the resident in November 2020, that the landlord identified that the recommended work to the exterior wall had not been carried out. Whilst this was eventually completed on 18 March 2021 after the landlord re-raised the job order in February 2021 , the ten month delay in completing the work to the external wall constitutes a failure in the service provided by the landlord.
Regarding the internal mould growth and associated damage, despite works being carried out in February 2020, in her 11 January 2021 stage two escalation request, the resident advised the mould had returned to the walls and said the previous contractor had not completed works in the second bedroom. Whilst the landlord did then arrange for a further inspection which led to works including a more extensive mould wash being applied on 16 June 2021, this was after the resident reiterated the issues in a further email to the landlord on 7 April 2021. This is further evidence of a delay by the landlord when responding to the resident’s 11 January 2021 report about further mould growth on the internal walls (which she attached photos of) – it was reasonable to expect that the landlord to have taken this action sooner than it did in this regard.
During the timeframe reviewed, the landlord arranged inspections and raised works orders to repair damage and also address the issue that its TQO found could be the root cause of mould growth.
However, there were some significant delays by the landlord with progressing and completing the recommended works. With regard to works to the exterior wall, in its final response, the landlord acknowledged this work was not done within a reasonable timeframe and explained this was due to a failure on its part to inform the relevant contractor. It also offered the resident £5 per week in compensation from 23 May 2020 until 18 March 2020 for the inconvenience caused by this delay (£215 in total) plus £50 for time and trouble. The landlord’s offer is in accordance with its complaints policy, further, it asked the resident to provide evidence of higher energy bills and said it would reimburse any additional costs, which was reasonable.
However, it is noted that the landlord did not acknowledge its delay in taking steps to investigate the resident’s 11 January 2021 report of ongoing issues relating to mould growth. Therefore, on balance, the landlord’s offer of compensation does not fully recognise the time, trouble and inconvenience caused by its delays whilst handling the resident’s reports of damp and mould. As such, the redress provided does not sufficiently resolve the complaint.
It is noted from correspondence provided to this service that the resident raised a further formal complaint with the landlord in November 2021 regarding the same issue. She also told the Ombudsman on 28 December 2021 that there was still mould in her property that was badly affecting her and her children’s health and said surveyors who had attended the previous week told her this may be due to lack of insulation and damage to the external brickwork.
Whilst the scope of this investigation is restricted to the events and complaints that were raised by the resident during the landlord’s complaints process prior to the landlord’s final response on 23 March 2021, as the resident’s ongoing reports may indicate further steps are required to address the matter, a recommendation has been included below for the landlord to respond to these further reports via its complaint process, if not already done so.

Complaint handling

The landlord operates a two stage complaint process which requires the landlord to provide a complaint response within 15 working days during the (stage one) complaint phase and within 25 working days for the (stage two) review stage.
In response to the resident’s formal complaint raised on 10 December 2019, the landlord provided a stage one response on 14 January 2020, therefore, this indicates the landlord’s response was provided outside of the timescale stated in its policy however this was a relatively short delay.
There was a longer delay by the landlord in providing its stage two response after the resident raised a stage two complaint on 11 January 2021; it did not issue this until 23 March 2021 indicating a failure by the landlord to adhere to the timescales in its complaints process. The landlord did acknowledge and apologise for the delay and said this was due to it experiencing a higher numbers of complaints whilst in lockdown which had resulted in a backlog of complaints to escalate.
Nonetheless, it did not provide any updates to the resident regarding her complaint during the delay indicating poor communication. Further, it did not offer any compensation for the delay which would have been appropriate in the circumstance. Therefore, the landlord did not sufficiently put right its failure to follow its complaints process when handling the resident’s related complaint.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord when handling the resident’s reports of damp and mould.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s related complaint.

Reasons

The landlord took appropriate steps to address the reports of damp and mould including in relation to defects with the property that its TQOs believed may be the root cause of the issue. However, there were significant delays with providing repairs which the landlord is responsible for. Its offer of compensation was not sufficient to resolve the complaint.
The landlord did not issue its complaint responses within the timescales in its policy and did not put this right during its complaints process.

Orders and recommendations

The Ombudsman orders that the landlord pay the resident further compensation of £300 comprising:
1. An additional £200 for the delays when handling the resident’s damp and mould reports.
2. £100 for failing to follow its complaints process.
3. Comply with the above orders within four weeks.
The Ombudsman recommends that the landlord responds to the resident’s more recent damp and mould reports through its complaints process if it has not already done so.