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Norwich City Council (202218400)

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REPORT

COMPLAINT 202218400

Norwich City Council

28 March 2024


Our approach

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

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

The complaint

  1. The complaint is about the landlord’s handling of:
    1. Damp and mould at the resident’s property.
    2. The associated complaint.

Background

  1. The resident is a secure tenant of the landlord.
  2. On 15 November 2022, the resident submitted a complaint to the landlord. She explained that she had been waiting 2 years or more for the landlord to help her resolve the damp and mould in her property. She stated that her young son was struggling with breathing and had been prescribed an asthma pump. In addition, she also stated that the mould had now damaged furniture.
  3. The landlord provided its stage 1 complaint response to the resident on 24 November 2022. It explained that its surveyor previously attended the resident’s property on 27 September 2021 to carry out a damp survey, and it was recommended to cut out and re-seal the mastic seal around the bath and fill the bath before sealing it. It also recommended increasing the loft insulation above the living room ceiling to ensure sufficient coverage and the landlord also explained that its contractor completed a mould wash on 23 November 2022.
  4. On 12 December 2022, the resident requested her complaint be escalated to the next stage of the landlord’s complaints process. She stated that she was not happy with the outcome and explained that mould had come back, and it was even worse in some places. She also stated that the whole house had mould, not just the bedroom, and stated that the mould had damaged some of her furniture.
  5. The landlord provided its stage 2 complaint response to the resident on 10 February 2023. It explained that the resident contacted the landlord after it had completed the mould wash in November 2022 for more action to resolve the damp and mould at her property. The landlord stated its specialist damp surveyor attended the resident’s property on 18 January 2023 and it was still waiting for the report to be issued, so it could pass over any required works to its necessary contractors.
  6. The landlord also provided the resident with an additional stage 2 complaint response on 16 February 2023. It stated that its specialist damp surveyor recommended the following works:
    1. The windows in the bedrooms and living room are cloaked.
    2. The kitchen extractor fan is replaced with a humidistat model.
    3. A mould wash throughout the resident’s home.
  7. The landlord explained that it had arranged for the contractor to carry out all the work recommended by the surveyor and stated that the contractor would contact the resident soon to arrange a convenient appointment. It also stated that the resident could submit a claim to its liability insurer for her belongings which were damaged by the mould.
  8. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was for the damp and mould to be resolved and to receive compensation for the distress and inconvenience caused. 

Assessment and findings

Damp and mould at the resident’s property

Scope of investigation

  1. The resident has mentioned as part of the complaint that the mould at the property has impacted her son’s breathing and stated that he had been prescribed an asthma pump. The service does not doubt the resident’s comments about her son’s health. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s son’s health. It would be more appropriately suited for a court or liability insurer to investigate it as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant health risk. This service can consider the general risk as well as any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her son’s health.
  2. The resident has also stated as part of her complaint that she had to dispose of furniture and belongings because they were damaged due to the damp and mould at the property. Normally damage to a resident’s belongings would be considered as part of an insurance claim under the landlord’s liability insurance. Landlords are entitled to use liability insurance as a means of managing such claims. A landlord’s insurer is usually a separate organisation, and the landlord informed the resident in its additional stage 2 complaint response of how she can submit a claim.

Assessment

  1. The landlord’s website includes information about repairs. It states that the landlord is responsible for the structure and exterior of the property. The website also includes information on the landlord’s repair timescales. It states that the landlord will respond to an emergency repair within 24 hours. An urgent repair within 5 working days and a routine repair within 60 working days.
  2. The landlord’s website also includes information about damp and mould. It explains that it can arrange a free mould wash and states that if the cause of the damp and mould is not clear, it can arrange for a surveyor to inspect the resident’s property.
  3. The resident submitted her complaint about damp and mould issues to the landlord in November 2022. However, the Ombudsman has noted from the landlord’s records for contextual reasons that the resident had reported an issue with the damp and mould in her property in August 2021. The Ombudsman recognises that the landlord carried out a surveyor inspection on 27 September 2021, which was shortly after the resident reported the damp and mould issues. Following the inspection, the surveyor recommended that the mastic seal around the bath be resealed and that the loft insulation be adjusted. It is unclear whether these agreed works were completed. However, based on the information provided, it is likely they were not completed, as there is no reference to them on the landlord’s repairs log and there are emails from the resident to the landlord stating she was still waiting for the works to be completed.
  4. Following the resident’s complaint submission in November 2022, the landlord completed a mould wash at the resident’s property on 23 November 2022. However, this failed to resolve the issue and the resident contacted the landlord on 12 December 2022, explaining that the mould had come back and was worse in some areas. The landlord responded promptly to the resident’s concern about the damp and mould and arranged for its specialist damp surveyor to attend the property on 18 January 2023. The surveyor recommended the following works:
    1. Windows in the bedrooms and living room are cloaked.
    2. The kitchen extractor fan be replaced with a humidistat model.
    3. A mould wash throughout the resident’s home

The landlord confirmed that its contractor would contact the resident to carry out these works. However, from reviewing the landlord’s repairs log, it is evident that the landlord did not complete all the repairs. Its records indicate that it only carried out a mould wash in April 2023 and mould treatment in August 2023. The Ombudsman also spoke to the resident on 11 March 2024, and she confirmed that the landlord had only carried out mould washes and had not completed any other work. The landlord’s response to the damp and mould issue at the resident’s property was not sufficient, and it failed to carry out all the work recommended by the surveyor.

  1. The delay in resolving the damp and mould issue would have caused significant distress and inconvenience to the resident. The Ombudsman recognises that it must be very difficult for the resident and her young child with asthma living at the property with damp and mouldy conditions for such a long period.
  2. The resident confirmed with the Ombudsman on 11 March 2024 that there were still ongoing damp and mould issues at the property and the works to resolve the damp and mould at her property were still outstanding. She also stated that the damp and mould was in every room apart from the kitchen. The delay in the landlord carrying out the work is unacceptable. The resident and her family have been left to live in a property with damp and mould present in most of the property for over 2 years. In addition, the landlord has failed to provide an adequate reason for the delay and failed to provide the resident with any compensation to recognise the distress and inconvenience caused.
  3. The resident told the Ombudsman that she had to purchase a dehumidifier to help deal with the damp and mould. She also mentioned to the Ombudsman that prior to purchasing the dehumidifier she did ask the landlord if they would be able to provide one, but they failed to do this. The Ombudsman believes it would be appropriate for the landlord to reimburse the cost of the dehumidifier, which the resident has stated was £300, as a dehumidifier is an effective tool to help manage damp and mould. Furthermore, the landlord failed to carry out all the works agreed upon by the surveyor and take appropriate steps to resolve the damp and mould at the resident’s property.
  4. The landlord only carried out mould washes and treatment and failed to complete the other works recommended by the surveyor. The damp and mould has been an ongoing issue for over 2 years without sufficient action from the landlord. Therefore, there has been severe maladministration by the landlord in its handling of damp and mould at the resident’s property.
  5. It would be appropriate for the landlord to pay the resident £1000 compensation to recognise the distress and inconvenience caused by the significant delay the resident has experienced due to the landlord’s failure to resolve the damp and mould within a reasonable period.
  6. The Ombudsman’s approach to compensation is set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £1000 or more where there have been serious failings by the landlord which had a significant long-term impact on the resident.
  7. In addition, as a considerable amount of time has passed since the landlord last carried out a surveyor inspection and as the mould is present in most rooms in the property, the Ombudsman requires the landlord to arrange for an independent specialist damp surveyor to inspect the whole of the resident’s property. In addition, following the surveyor inspection, the landlord should draw up a schedule of works with timescales to resolve the damp and mould at the resident’s property. The landlord should now carry out the necessary work to resolve the damp and mould and then notify the service once the works have been completed.

The associated complaint.

  1. The resident submitted her complaint to the landlord on 15 November 2022. The landlord responded to the resident’s complaint at stage 1 on 24 November 2022. The Ombudsman’s Complaint Handling Code (the Code) explains that a stage 1 response should be provided within 10 working days of acknowledgement. The response time by the landlord was reasonable in this instance and in line with the landlord’s complaints policy and the Code.
  2. On 12 December 2022, the resident contacted the landlord and requested her complaint be escalated to the next stage of the landlord’s complaints process. The landlord provided its stage 2 complaint response to the resident on 10 February 2023. The Code explains that a stage 2 response should be provided within 20 working days from the escalation request. It took around 41 working days for the landlord to provide its stage 2 complaint response. The response was late and not compliant with the timescales referenced in the landlord’s complaints policy or the Code. The resident had to chase the landlord for a response in January 2023. The delay would have caused inconvenience, and the resident was delayed in progressing her complaint to the Ombudsman because she needed to wait for the landlord’s final response before contacting our service.
  3. Given the delay in the landlord providing its stage 2 complaint response, there has been a service failure in the landlord’s handling of the associated complaint. It would be appropriate for the landlord to pay the resident £100 compensation for the distress and inconvenience caused. In this case, although the delay would have been inconvenient, there may be no permanent impact.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of damp and mould at the resident’s property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the associated complaint.

Orders

  1. The landlord is ordered to:
    1. Arrange for an independent damp specialist surveyor to inspect the resident’s property and draw up a schedule of the required works to resolve the damp and mould issues. The schedule must include timescales of when the work will be completed. A copy of the schedule should be sent to the resident and the Ombudsman. 
    2. Provide a written apology to the resident for its handling of the damp and mould at the resident’s property. The apology should come from the landlord’s chief executive.
    3. Pay the resident £1000 compensation for its handling of damp and mould at the resident’s property.
    4. Pay the resident £100 compensation for its complaint handling errors.
    5. Reimburse the resident £300 for the dehumidifier, which was purchased to help manage the damp and mould. The resident should provide the landlord with a copy of the receipt for the dehumidifier.
  2. The landlord must comply with the above orders within 4 weeks of the date of this determination.
  3. The landlord must review the resident’s case and also all determinations issued in the last 3 months relating to damp and mould and repairs and identify any areas for improvement. The review should be completed by a senior member of staff at director level. The landlord should draft a report on its findings and provide a copy of the report to this service and the resident. The report should also be presented to the landlord’s scrutiny committee to provide additional oversight.
  4. The landlord must provide evidence of compliance with the above order within 8 weeks of the date of this report.
  5. The landlord must carry out the necessary works to resolve the damp and mould at the resident’s property and inform the service once the works have been completed. 
  6. The landlord must provide evidence of compliance with the above order within 12 weeks of the date of this report.