The new improved webform is online now! Residents and representatives can access the form online today.

Sanctuary Housing Association (202339263)

Back to Top

 

REPORT

COMPLAINT 202339263

Sanctuary Housing Association

23 May 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 and associated bathroom repairs at the resident’s property.
    2. The associated complaint.

Background

  1. The resident is an assured tenant of the landlord. The resident has restricted mobility, and the property has an adapted bathroom.
  2. In March and April 2023, the resident contacted the landlord and reported damp and mould throughout the bathroom, including in the shower and on the ceiling.
  3. On 21 April 2023, the resident submitted a complaint to the landlord. She stated that she wanted to escalate the damp and mould issue as a complaint, as it was causing health problems. She explained she had raised the issue one month ago but had heard nothing. The resident also stated there was black mould on the wall and asked for the bathroom to be repaired as a matter of urgency. The landlord did not log this email as a complaint.
  4. On 4 July 2023, the resident sent the landlord an additional complaint email and chased her previous complaint submission. She explained that there was damp and mould throughout the bathroom and stated that she had previously sent several photographs of the damp and mould. The resident also explained that because of the severity of mould and her health concerns surrounding it, she escalated the issue to a complaint on 21 April 2023, but had received no response.
  5. On 6 July 2023, the landlord emailed the resident acknowledging her complaint and explained it would respond within 10 working days.
  6. The landlord provided its stage 1 complaint response to the resident on 19 July 2023. It explained that it sent a request to its contractor to carry out the required repairs to the bathroom. However, the contractor informed the landlord that it could not carry out the repairs. The landlord explained it had raised the repairs to be carried out by another contractor. It apologised for the delay and explained that it aimed for the repairs to be completed as soon as possible and stated it would provide the resident with an update within 10 working days.
  7. On 7 August 2023, the resident requested her complaint to be escalated to the next stage of the landlord’s complaints process. She explained she had not received an update from the landlord within the 10-day timescale agreed by the landlord and stated she felt let down with no communication. The resident stated she would like her complaint taken to stage 2.
  8. On 23 August 2023, the resident sent a chaser email to the landlord and asked for the landlord to respond to her stage 2 complaint.
  9. On 27 August 2023, the resident emailed the landlord and stated that she would like her complaint escalated to stage 2 of the landlord’s complaint procedure. She explained she had requested twice for her complaint to be escalated to stage 2.
  10. The landlord provided its stage 2 complaint response to the resident on 27 September 2023. It explained that its subcontractor submitted a quotation for the works to the bathroom, however the landlord stated its customer services team failed to action the quote and obtain approval for it. The landlord stated it had now approved the contractor’s quotation at the first stage of its approval process but explained that it was currently rolling out a new process, therefore it was waiting for the quote to be raised on the system. The landlord apologised for the delay in the repairs being completed and explained it would usually make the offer as part of its formal response to the resident. However, as the works remained outstanding, it suggested that it would consider an offer amount once the order had been raised. Therefore, it explained it would contact the resident within the next 10 working days with a compensation offer.
  11. On 11 October 2023, the landlord offered the resident £1300 compensation. The compensation offered was to recognise the landlord’s complaint handling errors and distress and inconvenience caused by the delayed repairs. The offer also included compensation for the impact of future delays until November 2023, which was the planned date for all the repairs to be completed.
  12. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was to receive additional compensation for the distress and inconvenience caused.
  13. The landlord has confirmed in its file submission that the repairs to the bathroom and to resolve the damp and mould were completed in March 2024. The landlord also offered the resident an additional £450 compensation to recognise the further repair delays up to March 2024.

Assessment and findings

Damp and mould and associated bathroom repairs at the resident’s property.

Scope investigation

  1. The resident has mentioned as part of the complaint that the damp and mould at the property impacted her health and stated it was causing her bad eczema flare ups. The service does not doubt the resident’s comments about her 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 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 and any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her health.

Policies and Procedures

  1. The landlord’s repairs handbook explains that the landlord is responsible for repairing the structure of a resident’s property and items inside, such as baths and toilets.
  2. The repairs handbook also includes information on the landlord’s repairs timescales. It states that the landlord will respond to an emergency repair within 24 hours, and a routine repair within 28 days. It also explains for planned repairs, it will work with the resident to agree a date.
  3. The landlord’s damp and mould leaflet explains measures it can take to help tackle damp and mould at a resident’s property. It states that the measures include washing down walls, repairing a leak, installing ventilation, and providing dehumidifiers or temporary heaters.

Assessment

  1. In April 2023, the resident submitted a complaint to the landlord about damp and mould in her bathroom. Following the resident’s report and complaint, there was a slight initial delay in the landlord finding a suitable contractor to complete the works. The initial contractor the landlord booked explained that they could not carry out the required repairs. The Ombudsman recognises that this delay would have been outside of the landlord’s control, and it is acknowledged that the resident had an adapted bathroom, so it is likely a specialist contractor would be required to carry out the works.
  2. Shortly after, the landlord arranged for a different contractor to inspect the resident’s bathroom and provided a quote for the works. The contractor provided the landlord with a quote for the bathroom works on 16 May 2023. The required works included applying mould wash and stain block to the ceiling and affected walls, replacing the flooring, and installing a new shower screen and shower seat. The landlord acted appropriately by obtaining a quote for the required works to the bathroom. However, there was a significant delay in the landlord carrying out the necessary steps to approve the quote and book an appointment date for the works to be completed. The delay was unreasonable and resulted in no progress with the approval of the quote until September 2023, which was when the landlord provided its stage 2 complaint response to the resident.
  3. The landlord acknowledged and apologised in its stage 2 complaint response sent in September 2023, that its contractor submitted a quotation for the bathroom works on several occasions, but the landlord’s customer service team failed to arrange for the quote to be approved. The landlord also confirmed in its response that it had now progressed the quote and confirmed it had been approved at the first stage of its approval process. However, the landlord explained it was rolling out a new process, and the quote was waiting to be raised on its system. The landlord acknowledging and apologising for its error was an appropriate initial step to recognise the delay and inconvenience caused to the resident.
  4. The landlord also carried out further steps to recognise the delay the resident experienced. Shortly after, the landlord contacted the resident with a stage 2 follow up response with a compensation offer, which it previously stated it would do. The landlord offered the resident compensation for the delays, distress, and inconvenience she had experienced up to the point of the letter and offered the resident compensation for the impact of the future delays until the works to the bathroom were due to be completed. It explained that the target date for the completion of the works was 31 October 2023, but it explained further time may be required because of stock availability. However, the compensation amount offered included an amount to recognise the delays until the end of November 2023. The total offer of compensation for the repair delays was £900. The amount of compensation offered was reasonable and sufficient to recognise the delay and the distress and inconvenience the resident would have experienced up to that point.
  5. The landlord failed to complete the works to the bathroom by October or November 2023. This was due to a delay with the landlord being able to arrange a date with its flooring installation contractor to attend at the same time as the bathroom repairs contractor. The Ombudsman recognises the landlord needed both contractors to attend at the same time for the works to start. It is also acknowledged from the landlord’s records that it considered using a different contractor, but it was identified this would have caused further delays as the landlord would have to go through the process again of obtaining a quote. Therefore, it was reasonable in this instance for the landlord to wait for a date when the flooring installation contractor was available.
  6. The works to the bathroom and to resolve the damp and mould were eventually completed on 27 March 2024. In March 2024, the landlord also offered the resident an additional £450 compensation to recognise the further delay and inconvenience the resident experienced until the works were completed in March 2024. It was reasonable for the landlord to offer additional compensation to recognise the further delay the resident experienced.
  7. The Ombudsman recognises that the additional offer made by the landlord in March 2024 was after the resident had exhausted the landlord’s complaints process. However, the landlord explained during its complaints process that there could be possible further delays in completing the works. During the complaints process, it also offered the resident a reasonable amount of compensation to recognise the delay and inconvenience the resident experienced until November 2023. The compensation offered to the resident is compliant with the Ombudsman’s Remedies Guidance (published on our website), which sets out the Ombudsman’s approach to compensation. 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. The compensation proportionately reflects the impact of the delay and distress and inconvenience on the resident, and it amounts to reasonable redress in this case.

Associated complaint

  1. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy includes the same timescales as referenced in the Code.
  2. The Code also states that a landlord must accept a complaint unless there is a valid reason not to do so. In addition, it explains when a complaint is made, it must be acknowledged and logged at stage 1 of the landlord’s complaint procedure within 5 days of receipt. The landlord’s complaints policy states that it will acknowledge a stage 1 complaint within 3 working days of receiving it.
  3. The Code defines a complaint as an expression of dissatisfaction, however made, about the standard of service, actions, or lack of action by the organisation, its own staff, or actions on its behalf affecting a resident or group of residents. The landlord’s complaints policy references the same complaint definition as the Code.
  4. There was a delay in the landlord logging the resident’s initial complaint and escalation request. The landlord failed to log the resident’s email from April 2023 as a complaint in line with the timescales referenced in its own complaints policy and the Code. The landlord eventually logged a complaint for the resident on 6 July 2023 after the resident chased it for a response and provided a stage 1 complaint response on 19 July 2023.
  5. The landlord also failed to log the resident’s escalation request email from 7 August 2023. It eventually logged the resident’s escalation request on 31 August 2023 and provided a stage 2 response on 27 September 2023. Both delays were unreasonable, as the resident expressed dissatisfaction and provided valid complaint points for her emails to be considered as a complaint and an escalation request. Its delay in logging the resident’s complaint would have delayed the resident from bringing her complaint to the Ombudsman, causing her inconvenience.
  6. The landlord acknowledged in its stage 2 complaint follow up response that there were delays and errors with its complaint handling and offered the resident £400 compensation to recognise the delay and inconvenience caused. The compensation offered to the resident is compliant with the Ombudsman’s Remedies guidance referenced above. The compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress in this case.

Determination (decision)

  1. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the complaint about damp and mould and associated bathroom repairs at the resident’s property.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the complaint about the landlord’s complaint handling satisfactorily.

Recommendations

  1. It is recommended that the landlord pay the resident its original offer of £1300 compensation made during its complaint process and £450 compensation offered in March 2024, within 4 weeks if it has not already done so. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.