Birmingham City Council (202313168)

REPORT

COMPLAINT 202313168

Birmingham City Council

26 July 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

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

Background

The resident is a secure tenant. The property is a 2-bedroom, 1st floor flat. The resident told the landlord her daughter was allergic to mould and her son suffered from anxiety.
The resident reported a number of repairs on 16 September 2022, including a loose handrail, water ingress through the living room balcony door and damage to the bathroom ceiling following a leak from the flat above. She reported a leak on the hot water cylinder on 10 November 2022 and said her daughter had been hospitalised due to mould in the airing cupboard. The landlord’s out of hours team attended on the same day to repair the leak. The operative reported back that the cylinder thermostat needed replacing and a mouldy panel in the airing cupboard needed removing. An appointment was arranged on 11 November 2022 to remove the panel in the airing cupboard on 23 December 2022. The job was subsequently cancelled as the resident said the work was urgent.
The resident’s mother made a complaint on 12 November 2022. She said there were a number of outstanding repairs and there had been a recent leak on the hot water cylinder which had caused mould to grow on the wooden panel. She also said her granddaughter had been hospitalised as a result of the mould and although the landlord attended it did not treat the matter as an emergency and said it could not remove the wooden panel until 23 December 2022.
The landlord carried out an inspection of the property on 22 November 2022. It found no evidence of mould and offered the resident advice on drying clothes in the flat and how this could cause mould. A number of repairs were ordered following the visit including repairing a loose electrical socket in the lounge, treating an external wall with a water-resistant sealant, replacing floor tiles in the bathroom, rehanging the UPVC balcony door, replastering the bathroom ceiling and fitting a new electrical socket in the kitchen.
The landlord issued its stage 1 complaint on 30 November 2022. It said:
1. An inspection was carried out on 22 November 2022 and no mould was found in the property. Advice was offered on drying clothes in the property.
2. A further inspection would be arranged if the resident found any evidence of damp and mould.
3. There was a current live damp case and it have been recommended that an external wall was treated with a water-resistant sealant with some thermal protection.
4. A number of repairs had been ordered following the inspection of the property.
The resident asked for her complaint to be escalated on 30 November 2022. She said no work had been completed and she wanted a copy of any reports and paperwork related to the inspection and identified repairs. She noted that the appointment booked for the electrician for 25 November 2022 had been cancelled, as had a rearranged appointment for 29 November 2022.
The resident’s solicitor issued a letter of claim in December 2022. The landlord undertook a further inspection of the property on 19 December 2022. Minor mould spotting was identified on an external wall in the kitchen larder, which it said was due to condensation. The ceilings in the kitchen and bathroom were water stained and the decoration was damaged due to leaks from the flat above. Further repairs were ordered on the 20 December 2022.
The landlord issued its final complaint response on 21 December 2022. It apologised for the delay and said:
1. It would monitor the situation closely to ensure things moved forward at pace.
2. A member of staff would be in contact to assess the work required and would escalate any works the resident believed had not been responded to appropriately.

Post complaint events.

The landlord contacted the resident on 29 September 2023 following contact from this Service. It said:
1. The resident had consistently reported leaks from the flat above since 2018 and that despite repairing leaks to the kitchen sink, bath and toilet in the neighbouring property, she continued to experience leaks.
2. The resident’s property was inspected on 19 December 2022 following receipt of a section 11 claim from her solicitor. A schedule of works was drawn up following the inspection, which included the defects identified in the letter of claim and additional repairs.
3. The section 11 repairs had been underway since April 2023 but had been placed on hold since its contractor was unable to gain access.
4. No response was received from the resident to the contractor’s request to make contact on 14 September 2023. It had arranged for the works to resume on 30 October 2023.
5. It could not complete the damp improvement works to the resident’s home until the leak was rectified. Its contractor would resume its investigation on 2nd October 2023 and include other properties on the floor above and continue until it had located the source of the leak.
The landlord told this service all of the outstanding works were completed in April 2024. It also said works were delayed due to difficulties gaining access to the property given the resident’s commitments.
The resident told this Service her daughter’s health was affected by the mould and the situation made her depressed. She said the landlord had not completed all of the identified work, she had not denied access and no one contacted either her or her mother to arrange repair appointments.

Assessment and findings

Scope of the investigation.

In considering the landlord’s response to the issue of damp and mould, it is noted that the resident has referred to a possible impact upon her own and her children’s health. Whilst these concerns have been referenced in this report, it should be noted that the Ombudsman is not in a position to make findings about the possible impact of the issues under investigation on a person’s health, as this would be more appropriate for a court to consider. In this respect, the resident is advised to seek legal advice if she wishes to take her health concerns further.

The landlord’s handling of the resident’s reports of repairs.

It is important to note that accurate record keeping is essential and helps ensure landlords meet their repairing obligations. It also ensures accurate information is provided to residents. As a member of the Housing Ombudsman Scheme, the landlord also has an obligation to provide this Service with sufficient information to enable a thorough investigation to be undertaken. In this case, the records provided by the landlord were confusing and its poor record keeping has made it difficult to determine whether its actions were fair and reasonable in the circumstances.
The resident reported a number of repairs on 16 September 2022, including a broken handrail, water ingress through the living room balcony door and bulging on the bathroom ceiling. The landlord was placed on notice at this point and was responsible for completing the necessary work in accordance with the resident’s tenancy agreement. This says the landlord is responsible for keeping the structure of the property and installations in repair and good working order. Its repairs policy confirms it is responsible for doors, walls and ceilings. The resident is responsible for reporting repairs and providing access for work to be carried out.
The identified repairs were ordered on the same day in accordance with the landlord’s repairs policy, although it is unclear from the housing records whether appointments were offered for all the work. This was not in accordance with the landlord’s repairs policy. The landlord’s repairs policy says it completes emergency repairs within two hours. Routine repairs are carried out within 30 days of being reported. The landlord’s repairs policy also says it will advise residents of expected timescales if special materials are required.
The housing records confirm the landlord carried out an inspection of the property on 22 November 2022 and a number of repairs were identified during the inspection. This included repairing a loose electrical socket in the lounge, treating an external wall with a water-resistant sealant, replacing floor tiles in the bathroom, rehanging the UPVC balcony door, replastering the bathroom ceiling and fitting a new electrical socket in the kitchen.
Whilst it was appropriate for the landlord to raise the identified works on the 22 November 2022, there is no evidence the resident was offered appointments for all of the repairs that were ordered. This was not in accordance with the landlord’s repairs policy. An internal email seen by this Service dated 23 November 2022 noted that appointment times could not be provided as these were arranged by its repair contractor.
There is no evidence the landlord responded to the resident’s request for a copy of the inspection report or details about the repairs that were identified during the visit on 22 November, despite her making a request for this information on 30 November 2022. Neither did it address her query about the electrician’s appointment, which she said had been cancelled on 2 occasions. This was a failure by the landlord.
The housing records confirm the landlord checked the UPVC lounge door on 9 December 2022 and identified the parts were obsolete and a new door was required. The job was passed to a subcontractor and an appointment booked for 21 December 2022. It checked the kitchen electrical socket on 12 December 2022 and confirmed it met regulatory standards. It is unclear why the job to repair the living room electrical socket was cancelled on 14 December 2022. Internal correspondence confirms appointments were booked to replaster the bathroom ceiling on 21 December 2022 and renew the bathroom floor tiles on 5 January 2023, however, there is no evidence this information was shared with the resident. This was a failure by the landlord.
The resident’s solicitor submitted a disrepair claim in December 2022, although it is not clear what was included in the claim or when it was made given the landlord has not provided this Service with a copy of the document.
The housing records confirm a further inspection of the property was carried out on 20 December 2022. A large number of repairs were identified, some of which it said were actionable under section 11 of the landlord and tenant act, 1985. This included repairs to the kitchen door, overhauling the toilet system, resealing the kitchen sink and repairing the immersion heater. It is unclear from the housing records why these repairs were not identified during the initial inspection on 22 November 2022 and indicates the landlord did not undertake a comprehensive inspection of the property at the time. It is also unclear from the housing records what repairs were ordered following the visit.
However, the landlord agreed to complete a number of other repairs which it said it was not responsible for. This included installing an electric plug socket for the washing machine, providing a new kitchen worktop and cleaning the vents in a cupboard. This demonstrated it was resolution focused and wanted to put things right for the resident.
The housing records confirm the bathroom floor tiles were checked on 5 January 2023 and it was determined that they did not need to be replaced. A further job was, however, raised on 10 January 2023 to replace the floor tiles and an appointment booked for 27 January 2023. The landlord attended as planned and it was identified that more time was needed to undertake the work. Given an inspection had recently been carried out, it would have been reasonable for the landlord to have ensured sufficient time was allocated for the work to be completed. A further appointment was booked for 17 February 2023 but was subsequently cancelled due to no access.
There was a delay in replacing the UPVC lounge door given the landlord identified the parts were obsolete. It was reasonable for the landlord to order a new door and arrange for this to be replaced on 2 February 2023. It is unclear from the housing records if and when the living room electrical socket was repaired or the bathroom ceiling replastered.
The resident told this Service that the landlord had not completed all of the identified work. In particular, she noted the bathroom floor had still not been replaced, the external wall had not been sealed and she was still experiencing leaks from the flat above. She also said the landlord had not maintained contact with her, despite agreeing to do so.
Although the housing records state all of the work was completed in April 2024, it is unclear what repairs were carried out or what the reason was for the delay. The landlord said it struggled to gain access to the resident’s home to undertake the work, although it has not provided this Service with any information confirming what steps it took to gain access. If appropriate, this should have included taking legal action to ensure it met its repairing obligations. There is also no evidence it communicated with the resident regarding needing access to the property. This was a failure by the landlord.
In summary, the landlord’s poor record keeping has made it difficult to determine exactly which repairs were completed and when. However, it is evident that it did not take a proactive approach to the resident’s reports and there was an 18-month delay in carrying out some of the identified work, some of which the resident said is still outstanding. Its communication with the resident was also poor at times. It is evident the situation caused the resident inconvenience and distress. In this case, there was maladministration by the landlord for which it is ordered to pay £720 for the distress and inconvenience caused to the resident. This has been calculated at £40 per month for the 18-month delay in completing the repairs.

The landlord’s handling of the resident’s reports of damp and mould.

The landlord has a duty to carry out repairs and works in accordance with the resident’s tenancy agreement. It also has an obligation to ensure it complies with the Housing, Health and Safety Rating System (HHSRS). The HHSRS does not specify any minimum standards, but it is concerned with avoiding, or minimising potential health hazards. Damp and mould are potential hazards that can fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified. Whilst reasonable timescales are not defined in law, the potential health risks from damp and mould are significant. It is this Service’s view that landlords should take urgent action following reports of damp and mould, in accordance with the housing ombudsman’s spotlight review on damp and mould.
In this case, the records provided by the landlord were confusing and its poor record keeping has made it difficult to determine exactly what happened.
The resident told the landlord on 27 October 2022 that there was a leak on the hot water cylinder and there was mould in the airing cupboard. The landlord attended on the same day in accordance with its repairs policy, although it is not clear from the housing records what work was carried out. It said further works were required to renew the thermostat and replace the mouldy wooden panel in the airing cupboard. It would have been reasonable for the landlord to have removed the wooden panel at this point or soon afterwards given the concerns raised by the resident about her daughter’s health.
The housing records confirm the follow up jobs were raised on 1 November 2022, with an appointment offered for 9 November 2022. This was reasonable and in accordance with advice on the landlord’s website which says it will visit within 30 days of an issue of damp being reported.
The resident asked for the appointment to be rearranged on 9 November 2022 given her daughter was in hospital. She told the landlord on 10 November 2022 that her child was hospitalised because of the damp and mould caused by the leak. In response, it was reasonable for the landlord to arrange a further appointment for 18 November 2022 to remove the airing cupboard panel.
It is unclear from the housing records why a further repair was ordered on 11 November 2022 to remove the wooden panel in the airing cupboard on 23 December 2022. The job was cancelled on the same day as the resident said she wanted the work doing urgently. A further appointment was raised for 8 December 2022 but was again cancelled. The landlord said this was because the resident said she had removed the panel herself. The resident, however, told this Service the landlord removed the panel in early December 2022.
The housing records confirm the landlord carried out an inspection of the property on 22 November 2022.This confirmed there was no evidence of damp and mould in the flat, although the landlord did not provide this Service with a copy of the inspection form. It was reasonable for the landlord to offer the resident advice regarding drying clothes inside the flat and how this can cause mould.
The housing records confirm a further inspection of the property was carried out on 20 December 2022. The inspection found there was minor mould spotting on the kitchen larder wall which it said it would treat.It is unclear from the housing records why the damp was not identified during the initial inspection on 22 November 2022 or whether it carried out any works to remove the mould.
In summary, it is evident the landlord responded to the resident’s report of damp and mould within target and agreed to remove the mouldy panel. In this case, there was no maladministration by the landlord in its handling of the resident’s reports of damp and mould.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s reports of damp and mould.

Orders

Within four weeks of the date of this report, the landlord is ordered to offer an apology to the resident for the failings set out in this report. A copy of the apology must be shared with this Service.
Within four weeks of the date of this report, the landlord is ordered to pay the resident £720 compensation (£40 per month for 18 months) for any inconvenience and distress caused to the resident in its handling of her request for repairs. This must be paid directly to the resident.
Within four weeks of the date of this report, the landlord is ordered to contact the resident to identify if there are any outstanding repairs and agree a plan of action for the work to be completed. A copy of the action plan must be shared with this Service.
In accordance with paragraph 54(g) of the Housing Ombudsman Scheme, within eight weeks of the date of this report, the landlord should conduct a review of this case. A summary of the review findings must be shared with the resident and this Service. The review must include (but not limited to):
1. An exploration of why the failings identified by this investigation occurred, including its lack of consideration of the impact the situation had on the resident.
2. A review of its record keeping processes, in light of the findings in this report and this Service’s spotlight review on knowledge and information management.