Leeds City Council (202116938)

REPORT

COMPLAINT 202116938

Leeds City Council

21 March 2023

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 repairs for:
1. Leaks that caused damp, mould, and damage.
2. Gaps in electrical trunking.
The Ombudsman has also investigated the landlord’s complaint handling.

Background and summary of events

The resident was a secure tenant of a ground floor flat of a block owned by the landlord. The tenancy started on 3 September 2020. The resident complained of leaks from the stack pipe causing damp, mould, flaking paint and plaster. She was unhappy that the leaks had not been resolved whilst the property was void, and that the toilet and bathroom were painted to cover the problem, but the underlying problem remained unresolved. The property was also let with gaps in the trunking covering the cables. The resident was concerned that the situation was making her unwell. At the point of contacting this Service she was awaiting results from a chest X-ray, however no further information or medical evidence has been submitted as part of this investigation.
The resident has explained that she reported the problems to the landlord and made a formal complaint when, after five months, the issues had not been resolved. The repairs log shows that reports of leaks and damage were made on 24 September, 13 October, and 9 November 2020. There is also an entry relating to ‘Void FOW’ which was raised on 30 September 2020 but cancelled. It is understood that this refers to Void Follow on work.
The landlord issued its response at stage one of the complaints process on 20 April 2021. This noted that the resident had been reporting the issues since she moved in and set out the complaints and its response as follows:
1. Leak at toilet – a contractor had attended but no appointment had been made to complete the work. The landlord confirmed that its records showed the contractor had attended twice and that a repair was completed on 31 March 2021.
2. Black mould around the soil pipe – the landlord raised an order to have the mould treated.
3. Incomplete trunking in the hallway – the landlord raised an order for an electrician to install trunking as required.
4. Paint in bathroom is flaking which, it noted, the resident believed was caused by damp. – A technical officer would attend in relation to the possible damp.
The repairs log shows that works were raised for a generic inspection of the property, to replace a kitchen base unit, and the trunking of the electrical cabling. All three of these jobs are marked as cancelled. A mould wash was also ordered and a dehumidifier was supplied to help dry out the property.
On 26 June 2021 there was another leak from above the kitchen that came down the wall and through the electrics and caused a cabinet to fall from the wall. The resident requested that the complaint be escalated on 28 June 2021, as none of the issues had been resolved, the flat smelt damp and she was increasingly depressed and distressed by the situation.
The landlord confirmed that works had been undertaken in the flat above to resolve a leak in the stack pipe whilst that flat was void. It agreed to send a plumber to check the pipes above.
An internal email noted that the resident’s main complaint was that the issues were not picked up at voids. It also stated that she contacted the voids team within a 30 day recall period and they had apparently ignored the request.
An inspection took place on 1 July 2021. This confirmed that there was visible water coming down the stack pipe into the resident’s flat. The cancelled jobs relating to the trunking and inspection were raised again, along with a repair to replace all the kitchen units, including wall units, worktops, sink and base units.
The resident chased for a response to her complaint and the situation on 9 August 2021. She also raised concerns that running the dehumidifier had caused an increase to her utility bills.
The landlord issued its stage two response on 9 September 2021. The landlord acknowledged that the resident had experienced a number of repair issues since moving into the flat. It apologised for this and for the delay in responding. It detailed the complaints and set out the following:
1. Damp and leaks – it confirmed that a leak had been remedied in the flat above, but a further leak had been identified two floors above the resident’s flat that was believed to be the source of the leak. A contractor had been asked to address this as a priority. The landlord hoped that this would resolve the situation. The letter noted that the damp was causing peeling paintwork in the bathroom and toilet, in part due to poor ventilation as there were no windows.
2. Dehumidifier – the letter noted that this was delivered on 5 May 2021 and would be removed following a request from the resident. The letter acknowledged that the use of the dehumidifier had increased the electricity usage and offered £50 towards these costs as a goodwill gesture.
3. Trunking – the letter confirmed that the repair had been cancelled but that it had been raised again and remained open on the system whilst matching trunking was sourced. The landlord explained that there were supply issues and the trunking was not currently in stock. It apologised for the delay.
4. Kitchen Units – following a property inspection on 1 July 2021 an order was raised for new wall units, sink base and base units. The replacement of all of the kitchen units, rather than just the water damaged units, was in part a gesture of goodwill to acknowledge the landlord’s previous poor service. The letter confirmed that there had been a communication failure between it and its contractors and apologised for the delays. It had raised an order for an asbestos survey to be completed along with any removal work. Once this was completed its contractors had been instructed to replace the kitchen units at the earliest opportunity.
The situation was not resolved. On 29 November 2021, the landlord undertook a CCTV inspection of the pipework. A further inspection of the flats above the residents and the void flat was undertaken on 23 December 2021. This found corroded copper waste pipes were leaking in four of the flats above the residents. All were repaired on the same day.
On 3 March 2022 further works were undertaken in five of the flats above following an inspection for leaks. This included the renewal of two basin waste pipes, two kitchen sink waste pipes and a bath waste pipe.
Following correspondence from the resident’s MP the landlord reviewed its handling of the matter. On 2 February 2022 it offered the resident £200 for the time and trouble she had to take dealing with the matters which were caused by delays in identifying the source of the leak. The landlord confirmed that it would also be carrying out works to ensure that the cosmetic repairs were undertaken. The £50 towards the costs of running the dehumidifier was also offered again.

Assessment and findings

The landlord’s handling of repairs for leaks that caused damp, mould, and damage

The Landlord and Tenant Act 1985 and the tenancy agreement confirms that the landlord is responsible for maintaining the structure of the property, including the external and internal walls, floors, and ceilings.
The landlord must also ensure that the homes it provides meet the Decent Homes Standard. This was updated in 2006 to take account of the Housing Health and Safety Rating System (HHSRS).
The Housing Health and Safety Rating System (the HHSRS) is concerned with avoiding or, at the very least, minimizing potential hazards. Under this rating system the landlord has a responsibility to keep a property free from category one hazards, including damp and mould growth. For damp and mould this means taking preventative measures that could have a significant effect on likelihood and harm outcomes relating to moisture production and ventilation. This may include damp proof courses and ensuring that the external fabric of the building is kept in good repair and that the roof and under floor spaces are well-ventilated.
The repairs log shows that the landlord was aware of the leak in the toilet and bathroom prior to the resident moving in. A works order was raised on 30 June 2020 for “Void – Prime Trace leak in WC and bathroom & repair plaster”. This work does not appear to have been completed before the property was let. As a result, the resident had to report the problem on 24 September 2020, and it is only at this point that the works order was marked as complete.
The repair to the void flat above did not resolve the issue. The repairs log included three further reports of ‘serious water leaks from systems’ in the period up to 1 July 2021. These were made on 13 October 2020 and 28 June and 1 July 2021. These reports provided sufficient notice to the landlord that the source of the leak was not solely related to the void flat, but there is no evidence of any action to investigate this further until December 2021. Part of the reason for the delay appears to relate to difficulties in finding staff with the requisite technical expertise. The landlord should have identified opportunities for extending the scope of its diagnosis within the building to ensure its response early on was as effective as possible. It should have taken steps to ensure that professional staff with the relevant technical expertise were involved. This did not happen. The landlord therefore missed the opportunity to resolve the leaks at an early point in time, despite the repeat repair requests.
It is not known how frequently the resident had to report the leaks after 1 July 2021, but it is noted that works to the pipework above the void flat was not started until December 2021 and that replacement was necessary to some of the waste pipes in March 2022.
This delay caused inconvenience and distress for the resident. She was living in a flat where there was a slow leak into the toilet and bathroom causing damp and mould. In addition, a further leak into the kitchen caused damage to the decorative finish and kitchen units. It is noted that the landlord was taking steps to remedy the problem from inside the flat, however, this work was unlikely to be successful in the long-term given the source of the leak in the flats above had not been located or addressed.
There is no evidence of the landlord considering ways to increase ventilation in the toilet, even though it had acknowledged this was a contributing factor to the damp. While landlords are generally not obliged to carry out improvements, given the longevity and severity of damp and mould it should have considered whether it was possible to fit additional extractor fans or radiators to ensure it was providing a safe, warm home.
The landlord’s repairs policy distinguishes between different types of repairs and sets out the target time frame for each:
1. Emergency repairs – to be attended within three hours and emergency repairs completed within 24 hours
2. Priority repairs will be carried out within three to seven days.
3. General repairs will be carried out within 20 working days
4. Batched repairs, such as repairing loose plaster, damp proofing, and replacing kitchen units will be carried out within 60 days.
On 2 February 2022, 17 months after the initial report of the leak, the landlord offered £200 as redress for the inconvenience caused to the resident by the time taken to repair. Applying the policy timescales the leak should have been repaired within 20 working days and the plaster repaired within a further 60 days, following a drying out period. Works to finally complete the repair were taken on 3 March 2022. The landlord’s offer therefore fails to fully reflect the length of time that the resident was left living in damp conditions, and the delays in meeting its own targets.
The landlord has recognised that there were delays in it locating the source of the leak. Landlords are entitled to rely on the opinions of their qualified staff concerning what works were needed to resolve the leak, damp and mould. However, once these works had been attempted and had not resolved the problem, the landlord needed to look again rather than simply allowing the problem to continue.
With respect to the leak and the delays, the resident continued to pay full rent for the property over this period. She was entitled to expect that the property would be repaired within a reasonable time frame. As leaks remained a problem 18 months later, it is difficult to conclude that the landlord remedied the problem within a reasonable time, even though it was taking steps to try and resolve the issue. This left the resident living in an unpleasant and difficult situation and the landlord’s offer fails to fully recognise this. The Ombudsman therefore considers it appropriate to award a further amount which, in our opinion, reflects the impact on the resident.
Since the commencement of the tenancy the resident has been liable for £67.35 rent. For the first 18 months of the tenancy the resident experienced leaks, damp and mould in the toilet and bathroom, and for some of that time the kitchen was similarly affected. Whilst these rooms were not uninhabitable, the evidence suggests the resident’s enjoyment of several rooms was severely reduced. The Ombudsman therefore orders the landlord to compensate the resident an amount which reflects 15% of the resident’s rent over and above identified 60 week period of delay in addition to distress and inconvenience that will have been caused to her.
The Ombudsman is satisfied that the offer of £50 towards the costs of running the dehumidifier was fair in the circumstances. No evidence of any increase in billing was provided and it was therefore reasonable that the landlord made its own estimate as to the likely cost increase.
It is noted that this is a block problem with the stack pipe leaking in a number of properties, albeit that this was likely to be worst on the ground floor. The landlord could have acted earlier and prevented some of the distress and damage caused to its residents. There is little evidence of learning or changes in practice from the complaint. There appears to have been little engagement from the Voids team in the management of this complaint and it is difficult to see how improvements can be made without this. The landlord should have identified the problem and remedied the leak before the property was let. There remains a risk that residents in blocks with older stack pipes may experience similar problems. The Ombudsman therefore makes some recommendations for these aspects.

The landlord’s handling of repairs for gaps in electrical trunking

Whilst there were delays in repairing the trunking, the landlord experienced difficulty sourcing materials that matched the original trunking. When this continued to be an issue, it replaced the trunking in its entirety.
This was appropriate and the landlord sought to treat the resident fairly by upgrading the trunking. There was limited inconvenience caused to the resident by this delay. Similarly, the landlord’s decision to replace the entire kitchen, rather than just the water damaged units, was an appropriate action to put things right for the miscommunication and delays in replacing the damaged units.

The landlord’s complaint handling

It is noted that the landlord’s complaint policy uses timescales outside of the Ombudsman’s Complaint Handling Code, of 15 working days for both stage one and stage two. The policy states that if the stage two response is not sent within 15 working days the landlord will provide regular updates at least every two weeks. These will detail the reasons for the delay and when the resident can expect a response.
The complaint was made on 30 March 2021 and a response at stage one was issued on 20 April 2021. This was within the landlord’s target timescale as detailed in the policy but was not compliant with our Code which stipulates that a response should be sent within 10 working days.
The resident requested the matter be escalated on 28 June 2021 and a final response was issued on 9 September 2021. These timescales were outside the requirements of the landlord’s policy (15 working days) and our Code (20 working days). There is also no evidence that the resident received regular updates and explanations as promised in the complaints policy. This will have caused unnecessary distress and inconvenience to the resident.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was:
1. Maladministration in the landlord’s handling of repairs for leaks that caused damp, mould, and damage.
2. No maladministration in the landlord’s handling of repairs for gaps in electrical trunking.
3. Service failure in the landlord’s complaint handling.

Reasons

There were significant delays in the landlord locating the source of the leak that was causing the damp and mould in the resident’s property. This caused distress and inconvenience and its offer of £200 does not provide sufficient redress for the length of time the situation continued.
Whilst there were delays in the landlord repairing the gaps in the trunking, this was due to a stock shortage. When it became apparent that a match was not possible, the landlord acted fairly by updating the trunking in its entirety.
There were delays in the landlord’s final response to the complaint and it failed to keep her informed. As a result, the resident had to contact her MP for assistance.

Orders and recommendations

Orders

The landlord to pay the resident a total of £956.15 compensation to the resident. Compensation should be paid directly to the resident and not offset against any arrears. The compensation comprises:
1. £606.15 for the delay in remedying the damp, mould, and leaks in the property.
2. £250 which the landlord awarded during its stage two response.
3. £100 for any distress and inconvenience the resident was caused by the landlord’s complaint handling.
The landlord to confirm to the resident and this Service the current position in relation to the block and any ongoing works along with a timetable for completion.
The landlord should provide evidence of compliance with the above orders within four calendar weeks of the date of this report.

Recommendations

The landlord to review its current approach to damp and mould, and reports of multiple leaks, including its approach to diagnosing; actions to remedy; effective communications and aftercare, including monitoring. It should also consider the role and responsibilities of its Voids Team to ensure that, wherever possible, appropriate technical expertise is sought early, and work is completed before a property is let.
The landlord to review the current condition of the stack pipe at the block and related repair reports to ascertain whether this needs to be added to a future works programme for renovation, if it has not been already.