Bromford Housing Association Limited (202114474)

REPORT

COMPLAINT 202114474

Bromford Housing Association

25 April 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:
1. The landlord’s handling of reports of damp and mould and the level of compensation offered.
2. Complaint handling.

Background and summary of events

The resident is an assured tenant of the landlord however this investigation relates to the landlord’s approaches to reports of damp and mould at the resident’s previous property. The property is a three-bedroom end of terrace property. The resident lived at the property as an assured tenant until 9 December 2021 with her three children, two of whom were adults at the time she moved out of the property. She moved to another of the landlord’s properties via a management move process. The resident’s reason for moving does not relate to the concerns raised in this investigation. The landlord is a housing association.
The resident has stated that she suffers with asthma, eczema and allergies and also that her youngest child also suffers with asthma. The landlord has confirmed to this Service that it did not have any information recorded on its systems regarding the resident’s vulnerabilities.

Scope of investigation

The resident has complained to this Service that her health was severely affected by the damp and mould issues at the property. It is not within the role of the Ombudsman to establish the cause of any damage to health, this would be for a court to establish through a personal injury claim during which expert medical evidence can be considered. The Ombudsman does take into account a resident’s particular circumstances including health conditions when assessing the landlord’s handling of repairs and other complaints and considering appropriate compensation.
This Service would ordinarily only consider complaints made within a reasonable period of time of a problem occurring (usually six months) prior to a resident making a formal complaint to a landlord. In this case, the resident had made previous complaints to the landlord regarding its responses to damp and mould at the property dating back before April 2021 when the resident made her most recent complaint to the landlord. Therefore the scope of this investigation is between April 2021 and December 2022 when the resident permanently moved out of the property.

Summary of events

The landlords records show that the resident called the landlord on 9 April 2021 and highlighted her concerns as follows;
1. She was unhappy with the landlord’s lack of response to her ongoing issues with damp and mould in the property.
2. She requested that the landlord attended her property to address damp and mould in the kitchen and bathroom and for it to be cleaned and treated.
3. She also requested that the landlord removed the kitchen cupboards to fully inspect the cause of the damp and mould.
4. She was very unhappy with the landlord’s previous responses to her complaints of damp and mould and felt that the issues were having a serious impact on her health.
On 12 April 2021 the resident called the landlord to report that the damp and mould in the property was getting worse and spreading to other rooms and she was unhappy that it had not responded to her. She reported that she had been treating the affected areas herself but the issues remained. She stated that the damp and mould was making her asthma worse.
On 1 June 2021 the resident contacted the landlord and requested that it opened a formal complaint around its handling of her reports of damp and mould. The landlord attended the property the following day and carried out a damp and condensation inspection. The inspection identified the following;
1. The heating system required adjustment.
2. The cold water feed in the kitchen to the resident’s washing machine had a small leak.
3. The air vents in the bathroom were closed due to a recent bee infestation in the property.
4. The trickle vents in the rear bedroom were closed as a neighbour was cutting their lawn.
5. The landlord noted several “lifestyle” matters including;
  1. Clothes being dried on the radiators.
  2. Furniture positioned very close to the radiators.
6. The landlord found that the core issue in the property was condensation. It stated that the resident needed to control the moisture by venting and heating the property correctly. It further stated that it would carry out works to clean and treat the areas affected by damp and mould and that it would repaint those areas as necessary.
On 25 June 2021 the resident contacted the landlord to seek an update. She stated that the ongoing issues were having a huge impact on her and her families health. She outlined her frustrations in not receiving any response from the landlord regarding follow-on work to address the damp and mould in the property.
On 8 July 2021 the landlord issued its stage one complaint response to the resident in which it stated;
1. It had set up a new team dedicated to dealing with damp and mould issues within its housing stock.
2. Its contractors would contact the resident directly to arrange an inspection and to identify and complete any necessary works.
3. Its response did not confirm if it did or did not uphold the resident’s complaint.
On 3 August 2021 the landlord’s records show that the resident called the landlord to report that there was a smell of damp throughout the house and that mould was present on her laminate flooring, skirting boards, sofa and also on her son’s bed. She stated that her son had not been able to use his bedroom for five months due to the mould and that her daughter had been sleeping on the floor in the lounge for the last two months. The resident informed the landlord that she believed the damp and mould was not caused by her lifestyle and believed that it was due to structural issues. She reported that she felt ignored by the landlord.
On 17 August 2021 the landlord’s contractors carried out an inspection of the property in which it noted black spot mould in all of the rooms inspected. It also noted that the property was likely to generate high levels of moisture, especially during the winter months based on the number of occupants. It also noted that several radiators were blocked by furniture which was likely to restrict the airflow and circulation around the property. The contractor also made recommendations to the landlord for further inspection of the property as follows;
1. To investigate as to whether external walls had cavity wall insulation, whether its fills the full cavity and is dry.
2. To investigate the adequacy of insulation in roof space, minimum of 250mm in depth particularly at perimeter of roof and into the roof eaves.
3. To investigate whether trickle vents are operating effectively.
4. To carry out an energy efficiency assessment of the property this should include a thermographic survey internally and externally to identify areas of cold bridging and adequacy of wall insulation.
In its report, the contractor also made recommendations for remedial works as follows;
1. Repair mortar pointing where required.
2. Addition of external wall insulation.
3. Install mineral wool loft insulation in roof space to minimum 250mm depth, wedge pack into perimeter and eaves, whilst ensuring roof ventilation at eaves is maintained.
4. Install continuous humidity sensitive mechanical extract fans in kitchen and bathroom.
5. Undertake anti-fungicidal cleaning to mould affected ceilings, walls, skirting, and window reveals throughout.
6. Redecorate with anti-mould paint.
7. Upgrade heating system where radiators are not double panelled, installing TRV’s on any radiators without one.
8. Replace any bathroom sealant damaged by black mould.
9. Consider insulating cold water pipes.
10. Install an above hob mechanical air extractor in the kitchen vented to the outside.
11. Replace any sealant damaged by black mould.
12. Vent tumble dryer if a model that requires venting and is not vented to the exterior.
The resident contacted the landlord via email on 10 September 2021 and stated that she did not agree with the findings of its contractors inspection of the property on 17 August 2021. She stated that the operative who attended had verbally informed her that the damp and mould in the property was caused by structural issues. She highlighted again her concerns that the damp and mould were having on her and her families’ health and she asked the landlord to consider arranging temporary accommodation for them whilst the issues were resolved.
On 14 September 2021 the resident request that the landlord escalated her complaint to stage two of its complaints process. The following day the resident contacted it again to report that she had observed lots of spiders in the property and she felt that this was due to the damp and mould. She asked again for it to consider arranging temporary accommodation for her and her family whilst the works were completed and also asked for it to remove all of her furniture which had been affected by the damp and mould.
On 16 September 2021 the resident contacted the landlord again and asked for it to urgently decant her and her family to another property. She stated that her son had not been able to sleep in his own bedroom for over five months due to the impact of the damp and mould and the damage caused to their belongings.
On 24 September 2021 the resident asked the landlord again to escalate her complaint to stage two of its complaints process.
On 5 October 2021 the landlord advised the resident via email that the works to address the damp and mould at the property were estimated to take two days to complete, and its contractors were available to complete the works as soon as possible. It also informed the resident that due to the works taking two days, it was not necessary to decant her and her family to another property. On 12 October 2021 it provided the resident with a letter which outlined the schedule of works and advised that its contractors would contact her directly to arrange a start date. The letter confirms that the landlord would carry out the works identified in its contractors report dated 17 August 2021. The letter did not provide detail of how long the works would take to complete.
Also on 12 October 2021 the resident sent an email to the landlord and stated that she wanted it to pay her £4388.72 in compensation for damage caused to her belongings and furniture caused by the damp and mould. She provided the landlord with receipts for the damaged items. She also stated that this figure reflected the effect the damp and mould had on her and her families’ health. The resident further stated that she had only been able to use two of the three bedrooms in the property and she was seeking a reduction in her rent due to this.
The landlord issued its stage two complaint response to the resident on 19 October 2021 in which it outlined;
1. It had instructed an external contractor to complete an inspection of the property.
2. Its contractor’s inspection had identified a number of works to address the damp and mould at the property.
3. It had instructed another contractor to complete the works and they had attended the property and informed the resident that the works would take two to three days to complete.
4. It confirmed that the resident and her family could remain in occupation of the property whilst the works were completed. It asked the resident to assist in moving her personal items in the property to enable the contractor to access the affected areas.
5. It believed that the works would remedy the damp and mould in the property however it advised the resident that it would monitor the effectiveness of the works and she could discuss any further concerns with its staff.
6. With regards to the resident’s claim that the damp and mould had affected her health, it stated that it without supporting medical evidence, it was unable to comment or progress further investigations.
7. It stated that it did accept liability for the damage to her son’s bed and would compensate her. It asked for a receipt or proof of purchase for a new bed.
8. It confirmed that it would not offer the resident a reduction in her rent as her son had remained living at the property. It asked the resident to provide supporting information if that was not the case.
9. It offered the resident £150 as a goodwill gesture and confirmed that this was an additional payment to the compensation agreed for her son’s bed.
10. Its response did not confirm if it did or did not uphold the resident’s complaint.
On 20 October 2021 the resident sent emails to the landlord in which she outlined further concerns with the property and stated that she would be staying in a hotel with her son due to the issues affecting their health. She advised that she had been sleeping on her sofa for the previous five weeks due to the level of damp and mould in her bedroom. The resident also stated that she was at the point of resigning from a job she had held for three weeks, such was the impact on her. She felt that the landlord was ignoring her. On the same day, the resident’s social worker sent an email to the landlord in which they outlined their concerns for the resident and her families’ wellbeing, should they not be offered temporary accommodation.
On 26 October 2021 the resident sent an email to the landlord and advised that she had paid £371.70 to stay in a hotel with her son. She advised that she would be paying £53.30 rent due to this. The resident again stated that she felt the landlord’s lack of action was affecting her health and wellbeing.
On 1 November 2021 the resident sent an email to her local councillor and outlined the issues at the property and the impact on her. The councillor later agreed to act as her designated person on her behalf, dealing with her enquiries with this Service.
On 2 November 2021 the resident emailed the landlord and challenged their decision regarding the impact on her health. She stated that she wanted the landlord to compensate her for all of her damaged belongings and items. The following day the resident emailed the landlord again and stated that she wanted a reduction in her rent having been unable to use one of her bedrooms. She also stated that she wanted it to pay compensation for her loss of earnings as she had left her job due to the impact of the damp and mould issues on her and the landlord’s lack of action.
On 9 November 2021 an officer from the local authority sent an email to the resident in which they stated that they had spoken to the landlord regarding the planned works at the property. They confirmed that the landlord had informed them that the works were due to start on 15 November 2021 and had suggested that it would take eight days to complete.
The resident then called the landlord that same day and asked for it to decant her to alternative accommodation due to the length of time that the works would take. The resident stated that the works and treatment of the damp and mould were due to take place in every room in the property. The landlord’s staff member informed the resident that they were not dealing with the matter and that its specialist team was, but did confirm that the resident did not need to be decanted. The resident stated that she felt it was inhumane for the landlord to expect her to remain in the property, and that it had not helped her and she considered its actions to be due to racism. The landlord’s notes state that after further conversation the call was ended by the resident.
The resident followed up on this telephone call by sending an email to the landlord the following day. She stated again that she wanted to be decanted whilst the works took place due to the potential impact on her health. She also requested a copy of the schedule of works that we due to be completed.
Also on 10 November 2021, the resident’s doctor sent a letter to the landlord which stated;
1. They outlined the health concerns of the resident and her son and that her son needed to carry an adrenaline pen in the event of anaphylaxis.
2. They were concerned that the planned works would affect the resident and her son’s health.
3. They felt it was very positive that the landlord had arranged for the works to be completed imminently but they stated they were extremely concerned that the works may affect the resident and her son’s health, should they remain in the property whilst the works were completed.
4. They asked the landlord to consider providing alternative accommodation to the resident whilst the works took place.
The resident contacted this Service on 10 November 2021 and stated the following;
1. She was unhappy with the landlord’s findings in its stage two response dated 19 October 2021.
2. She was unhappy that the landlord’s contractors did not contact her to confirm the length of time that the proposed works at the property would take to complete.
3. She felt that the landlord’s contractors were not specialists in damp and mould.
4. She stated that neither the landlord nor its contractors had ever inspected the roof of the property and therefore believed that their inspection reports were incorrect.
On 11 November 2021 the resident called the landlord. She stated that she felt it was ignoring her requests to be moved to temporary accommodation whilst the works took place at the property. The landlord advised that it would not normally offer temporary accommodation in these circumstances, however the resident mentioned her allergies and stated that she felt it was not treating her fairly. The resident also stated that she felt the landlord was being racist to her by not responding to her requests. The landlord apologised for the team handling her case being very busy. The resident stated that she wanted a response that same day, or she would not allow its contractors access to the property on 15 November 2021 to complete the works.
During November 2021, the landlord made an offer to the resident of a permanent move to another of its properties under its management move process. As highlighted earlier in this report, this move was not due to the resident’s concerns highlighted within this investigation.
On 19 November 2021, the landlord sent an email to the resident which confirmed that if she did not wish to accept its offer of another property, it would approve the resident access to temporary accommodation whilst the works took place at the property. It confirmed that this would be for an approximate period of eight days. It also accepted that the chemicals which its contractors would use during the works may affect the resident’s son’s allergies and it based this decision on the medical evidence provided by the resident. It referred the resident back to its stage two complaint response with regards to the level of compensation offered.
On 23 November 2021, the resident sent an email to the landlord in which she challenged their liability around the damage caused by the damp and mould to her belongings. She also stated that it should be admitting liability for damages, distress and loss of earnings as she stated that she had left her job due to the impact of the damp and mould on her. She again requested a reduction in her rent as she was sleeping on her sofa and her son was not able to sleep in his bedroom.
A new officer assigned to the resident’s case replied to her via email that same day and sought clarification on the level of compensation she was seeking and for which specific items. The landlord confirmed that it had only accepted liability for her son’s bed at a cost of £440.98. The resident replied the following day and stated again that she felt the landlord should be liable for damages to her health and loss of earnings because she had to resign from her job.
On 1 December 2021 a clinical psychologist who was working with the resident’s son sent a letter to the landlord which outlined their concerns about the impact of the damp and mould in the property on the resident and her son.
The resident contacted the landlord on 3 December 2021 to inform them that its contractors had attended the property that day to commence the planned works. The resident was unhappy with this and stated that she had not been informed of this. The landlord apologised to the resident and stated that she should have been contacted.
On 6 December 2021 the landlord sent an email to the resident in which it stated the following;
1. It admitted liability for damage caused to some of the resident’s belongings. Its decision was based on the advice given from its surveyors who completed the inspection at the property on 17 August 2021. It requested that the resident provided supporting evidence such as receipts.
2. It apologised for not being more specific in its stage two response around the other items that the resident stated it was liable for.
3. From the findings in its contractor’s report, it believed that some of the damage caused was low-level and suggested that the resident cleaned the items, but would compensate for damage to some of the items as a gesture of goodwill.
4. It advised that it was initially offering £765.98 in compensation but had revised this to £1000 which included the £150 goodwill payment.
5. It outlined that it will not pay compensation for damages to health as this was outside of the remit of its compensation policy. It stated that she would need to consider a personal injury claim.
The resident responded to the landlord the same day and again stated her position in that she felt the landlord was liable for the damage to all of her belongings, health, loss of earnings and not being able to use two of the bedrooms. She highlighted that she would not be able to take her laminate flooring to her new property as the damp and mould had damaged it. The resident also stated that she was now asthmatic and using an inhaler due to the actions of the landlord’s staff. It is also noted that on the same day the resident accepted the landlord’s offer of a new property as per its management move process.
The resident provided receipts for the damaged items and on 8 December 2021 the landlord sent her an email in which it confirmed that it would pay compensation for the items damaged by the damp and mould. It advised that it would not pay for her laminate flooring as she could not take it to her new property. It advised again that it could not consider damages to health and loss of earnings and that she would need to pursue a personal injury claim.
On 15 December 2021 the landlord and the resident reached an agreed amount of £1111.00 in compensation. The resident permanently moved out of the property shortly after this. It was confirmed that the landlord later carried out the full schedule of proposed works at the property.

Assessment and findings

The Ombudsman’s Dispute Resolution Principles are:

• Be fair

• Put things right

• Learn from outcomes

This Service will apply these principles when considering whether any redress is appropriate and proportionate for any maladministration or service failure identified.

The landlord’s obligations

The landlord’s repairing and maintaining assets policy states that it is responsible for maintaining the structure and fabric of its properties. This includes roofs, and internal walls, floors and ceilings. It also outlines its customer’s responsibilities to take all reasonable precautions to heat and ventilate the home to reduce the potential for damp and condensation.
The landlord’s complaints policy details that it will acknowledge stage one complaints within five working days, and will issue its response within 10 working days. It will then acknowledge stage two complaints within five working days, and will issue its response within 20 working days. It also confirms that it does not cover personal injury claims and may refer to its insurers to progress claims for significant financial loss or damages, and personal injury.
The landlord’s compensation policy outlines that customers claiming damage to their possessions should initially look to claim through their home contents insurance first. It also states that it will make discretionary payment awards for financial loss, distress and inconvenience but also for loss and damage to possessions.
The landlord’s decant policy states that it aims to undertake planned repair works with customers remaining in occupation of their homes, unless health and safety reasons make this unsuitable. In making its decision on which option is best, it will consider;
1. The preferences of the customer,
2. The length and extent of the works needed to their home,
3. The availability of alternative accommodation for the timeframe required.
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’s handling of reports of damp and mould.

From the evidence reviewed by this Service, it is clear that the resident and her family were affected by damp and mould in the property for a significant period of time. It was reasonable for the landlord to instruct a specialist contractor to inspect the property, however it is concerning that the landlord’s own inspections did not fully identify the range of issues within the property. This Service finds that the landlord’s delays in instructing its contractors caused further delays in resolving the situation which added to the resident’s distress and inconvenience. This added to the impact on the resident who had to chase the landlord for updates on the planned works to address the damp and mould within the property.
It was reasonable for the landlord to instruct a specialist contractor to inspect the property and to recommend the appropriate remedies. It is however unclear why the landlord did not instruct its contractors to do this sooner, given that it was aware of the damp and mould in the property, and the resident’s dissatisfaction for a significant period of time; some five months since the resident reported the issues. It is unclear and why its own inspections did not identify the numerous issues within the property, instead citing that lifestyle matters were the main cause. This Service’s spotlight report on damp and mould advises that landlords should review, alongside residents, their initial response to reports of damp and mould to ensure they avoid automatically apportioning blame or using language that leaves residents feeling blamed. The landlord’s findings from its own inspections were at odds with the outcome of its contractors report. This Service finds that by not identifying and addressing the causes of the damp and mould at the earliest possible stage, causing delay and inconvenience to the resident.
This Service has not received any evidence to support the resident’s claim that the contractor who completed the inspection on 17 Aug 2021 had confirmed that the damp and mould was caused by structural issues in the property. Despite this, there is no evidence that the landlord inspected the roof and loft space of the property at the earliest opportunity. In the schedule of works completed to address the damp and mould, completed after the resident had moved out, the landlord did install loft insulation. In light of this, this Service finds that by not identifying that a lack of effective loft insulation at the earliest possible opportunity, this caused further delay and inconvenience to the resident.
The estimated times to complete the works to address the damp and mould increased from two to three days up to eight to nine days. It is not clear from the evidence considered by this Service if the landlord communicated this to the resident directly, instead she learned of the increased timescales via the local authority. This Service finds that the landlord’s poor communication in this regard did not effectively manage the resident’s expectations, causing further distress and inconvenience. It is however noted that it did apologise to the resident for its mistake in instructing its contractors to commence the works on 3 December 2021, without informing the resident of this date.
Once the landlord’s contractors had identified that there were a number of works required to address the damp and mould, the resident asked to be decanted whilst the works took place. As the landlord was aware of the resident’s health issues, and those of her son, it should have given more consideration at an earlier stage to offering temporary accommodation. The landlord’s repairing and maintaining assets policy states that it will ensure that any reasonable adjustments are made to accommodate customer’s specific vulnerabilities. It further states this information will be recorded on its systems and adjustment made, relevant to the specific risk or vulnerability. This Service finds that the landlord did not follow its own policy in this regard as the resident had informed it in April 2021 that she felt the damp and mould was affecting her existing health conditions.
The landlord’s approach was supported by evidence from medical professionals, it only confirmed shortly before the resident moved out permanently that it would offer temporary accommodation. Whilst it was appropriate for the landlord to change its position on offering temporary accommodation on 19 November 2021, this Service finds that the landlord could have made this decision earlier as it had supporting evidence from the resident’s GP on 10 November 2021, some ten days earlier. It is noted that the resident first asked on 10 September 2021 for the landlord to provide temporary accommodation to allow the works to take place.
From the evidence reviewed by this Service there is nothing to support the resident’s claims that the LL was being racist towards her by not offering temp accommodation or in her allegations that it was ignoring her.
The landlord has confirmed to this Service that it did not hold any records of the resident’s or her children’s vulnerabilities on its systems. This is despite in this case, the resident first informed it on 9 April 2021that she believed the damp and mould was affecting her health in. This Service finds that had the landlord noted her concerns at that point, it may have amended its approach and achieved an earlier resolution to her reports of damp and mould in the property.

The level of compensation offered.

The landlord was correct to in advising the resident to pursue a claim for damages through a personal injury claim. The landlord should however have referred the resident to its insurers at the earliest opportunity so that she could have pursued a claim. This Service therefore finds that the landlord did not follow its own compensation policy.
It is also noted that the landlord’s policies appear at odds in that its complaints policy states it will not consider offering financial redress for damages, yet its compensation policy states that it will make discretionary payments in these circumstances. By admitting liability for the damage to the resident’s possessions caused by the damp and mould, and making an offer of compensation, it was confusing for the resident when the landlord stated that it would pay for damages to some items, yet not others.
It was reasonable for the landlord to amend and increase its compensation amounts, once the resident had provided supporting evidence in the form of receipts. It is not however suitable for complaints teams to make an assessment on liability; insurance teams are better placed to look at such matters. The resident has confirmed to this Service that she has not decided not to pursue a personal injury claim or a claim for damages to her possessions.
This Service finds that the landlord’s offer of £1111.00 in compensation to the resident was reasonable. This is because it relied upon the evidence provided by the resident including receipts for the damaged items. Its compensation award does not however make reference to the distress, inconvenience and time and trouble experienced by the resident, which is therefore a service failing.

Complaint handling

The landlord issued its stage one complaint response to the resident on 7 August 2021, which was 28 working days after the resident made her complaint. This Service finds that the landlord failed to follow its own complaints policy by providing its response within the specified timescale of ten working days. This caused further delay, distress and inconvenience to the resident, and the landlord failed to address her complaint at the earliest possible opportunity.
It is noted that the resident had to ask twice for the landlord to escalate her complaint to stage 2 of its complaints process. The landlord issued its stage two response to the resident after 26 working days, where its policy states that it will respond within 20 working days. As such, this Service finds that the landlord did not follow its own policy by responding at stage two of its complaints process within the timescales outlined in its complaints policy.
It is further noted that the landlord’s stage one and stage two responses did not state whether it did or did not uphold the resident’s complaints. In regards to this, the landlord has therefore not recognised its failings in dealing with the resident’s complaints and has not offered her appropriate redress.
Whilst it is positive that both responses did outline the steps that the landlord had taken and was proposing to take in resolving the damp and mould at the property, it did not offer any apology in either response for its delays in addressing the issues, nor for its delays in providing timely responses to her complaints, as per its complaints policy.
This Service’s complaint handling code outlines the following;
1. 3.14 – Landlords shall address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
2. 3.15 – At the completion of each stage of the complaints process the landlord should write to the resident advising them of the following:
  1. the complaint stage
  2. the outcome of the complaint
  3. the reasons for any decisions made
  4. the details of any remedy offered to put things right

Determination (decision)

In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in its response to the resident’s reports of damp and the level of compensation offered.
In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in its response to handling of the resident’s complaint.

Reasons

The landlord’s own damp and condensation inspections were ineffective in identifying the root cause(s) of the damp and mould in the property. Whilst the resident’s lifestyle may have been a contributing factor, it is clear from the landlord’s contractors report that there were issues within the fabric of the property that were also causing damp and mould.
The level of financial redress offered to the resident by the landlord was appropriate and based on the evidence provided by the resident. However, the missed the opportunity to refer the resident to its insurers in its stage two complaint response of 19 October 2021. As a result of this, the resident and the landlord were subsequently involved in numerous emails back and forth where liability and the level of compensation for damages to the resident’s belongings were argued. This caused further distress and inconvenience to the resident.
The landlord has confirmed in its communications with this Service that it does not hold any information on its systems regarding the resident’s health concerns or vulnerabilities. This is a significant failure on the part of the landlord as the resident had told the landlord in April 2021 that she believed the damp and mould issues in the property were affecting her health and her son’s health.
Due to the length of time it took to resolve the damp and mould issues and its unreasonable and unexplained delays in responding to the resident’s complaint at stages one and two of its complaints process, this Service orders an increased amount of compensation as below.

Orders and recommendations

Within four weeks of this report, the landlord is to;
1. Apologise to the resident in writing for the identified failures in this case and to provide this Service with a copy of its written apology.
2. Pay the resident a total of £950.00 in compensation which is comprised of the following;
  1. An additional £700 for the distress, inconvenience, time and trouble that she incurred as a result of its poor handling of the resident’s reports of damp and mould in the property.
  2. An additional £250 for its poor complaints handling.

Recommendations

The landlord to review its approaches to damp and mould cases and to consider the Ombudsman’s spotlight report on damp and mould (Housing Ombudsman Spotlight report on damp and mould (housing-ombudsman.org.uk) – The landlord to self-assess its position and to share the findings with relevant staff, including training where appropriate and to incorporate the findings of this report in its management of reports of damp and mould in future.
The landlord is to consider including in its decant policy reference to resident’s disabilities and/or vulnerabilities when making decisions on offering temporary accommodation.