Islington Council (202338896)

REPORT

COMPLAINT 202338896

Islington Council

30 August 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 the landlord’s handling of:
1. Leaks into the property.
2. Damp and mould.
The Ombudsman has also considered the landlord’s knowledge and information management.

Background and summary of events

Background

The resident is the secure tenant of the property, which is a 2-bedroom flat within a converted period house. The landlord is a council.
The resident has told this Service that she would like to move as an outcome of this complaint. Unfortunately, the Ombudsman cannot grant such a remedy. This is because the Ombudsman cannot order a remedy that would put matters right for the resident but would adversely affect other individuals or mean that the resident had received preferential treatment compared to others in the same situation.
Under the tenancy agreement conditions the landlord is responsible for repairing the structure and exterior of the property, including the roof, guttering and pipework, external walls and window frames. This is in line with section 11 of the Landlord and Tenant Act 1985.
Within its repairs policy the landlord categorises repairs as either emergency due to immediate danger (attend within 2 hours), urgent affecting day-to-day living (attend within 24 hours), or routine (repair within 20 working days). It says it will give at least 24 hours’ notice for routine repair appointments and sets out what it will do if there is a no access, including trying to call the resident, taking a photograph of the front door and leaving a card.
Under its damp and mould policy the landlord says it will respond to reports of damp and mould by firstly checking for any water leaks or penetration which may be the cause. Only once eliminated will it then consider if condensation is the cause. When a report is made it will raise a repair, chase up a repair, or raise a surveyor’s inspection to be completed within 10 working days. The surveyor will look for any water leaks or ventilation and heating faults and will produce a report with damp meter readings and photographs. If repairs are recommended the landlord will raise these within 3 working days. If the damp is not resolved after 2 months, it will re-inspect with a second surveyor in attendance.
The Housing Ombudsman’s spotlight report on Damp and Mould ‘It’s not lifestyle’ sets out 26 recommendations for landlords in relation to their handling of damp and mould and complaints relating to this. The landlord has provided a copy of its self-assessment against the recommendations to this Service.
Within its complaints policy the landlord defines a complaint as per paragraph 1.2 of the Housing Ombudsman’s Complaint Handling Code (the Code). It operates a 2 stage complaints process. It will acknowledge complaints within 3 days and respond at stage 1 within 10 working days of acknowledgement. It will acknowledge stage 2 complaints within 3 days and respond within 20 working days from receipt of the escalation request. It will only consider complaints about events up to 12 months prior to the complaint.
The landlord has a compensation guidance document which says it can consider offering compensation for disrepair, distress, time and trouble. The guidance contains a table of suggested bandings for compensation based on guidance from the Local Government and Social Care Ombudsman.
The Housing Ombudsman’s spotlight report on Knowledge and Information Management sets out 21 recommendations to help landlords improve their management of knowledge and information. These include developing an organisational key data recording standard to set out the minimum standard to which data must be entered in the landlord’s databases.

Scope of investigation

The Ombudsman’s Dispute Resolution Principles are to be fair, put things right and learn from outcomes. This Service will apply these principles when considering its decisions. However, some matters fall outside of what the Ombudsman can make a determination on.
The resident has raised through her complaint and contact with this Service that she believes damp and mould in the property have cause her and her adult daughter to become unwell. This Service is unable to determine complaints about personal injury. This is because under Paragraph 42(g) of the Scheme, the Ombudsman may not consider complaints where it is quicker, fairer, more reasonable or more effective to seek a remedy through the courts. The resident may wish to seek independent legal advice if she wishes to pursue a personal injury claim.

Summary of events

On an unknown date, because the landlord has not provided evidence, the resident contacted it to report that her extractor fan was not working properly, and she had mould in her bathroom. It cancelled the repair on 22 December 2022, as the resident had asked for a bigger extractor fan, and it said it was unable to install one.
The landlord completed a mould wash and painting of window frames and walls in the bedroom on 24 January 2023 but has not provided evidence of when this repair was reported. It completed a damp and mould survey on 22 May 2023. It found water staining above the window in the bedroom from a leak recently repaired and mould in the bathroom from condensation. It said it had painted the wall before it was dry.
On 23 May 2023 the landlord repaired a window in the bedroom which could not be opened. It raised repairs on 29 June 2023 to mould wash and paint following its inspection and completed these on 13 July 2023.
The resident used the landlord’s online complaints form to make a stage 1 complaint on 31 October 2023, which it acknowledged that day. The complaint was about:
1. Having ongoing leaks, damp and mould since she moved in, in September 2020.
2. A leak through her bedroom ceiling, which caused damp and mould, damaged her possessions and was affecting her health.
3. There had been scaffolding up, but the landlord had not fixed the leak.
4. Having complained in the past about these issues.
On 3 November 2023 the landlord completed a damp and mould survey. It noted there was water staining above the window in the bedroom and still a leak. It also found excess moisture in the second bedroom due to poor ventilation and lack of heating. It said there was no mould in the bathroom.
Following the inspection, the landlord exchanged internal emails about the previous roofing repair. It set out the faults it found when it previously inspected the roof and what work it completed, which did not cover all faults found. It said it had not requested any further works at the time. The resident called it on 10 November 2023 to chase repairs following the inspection. It said it would raise a new repair on 13 November 2023.
On 14 November 2023 the landlord provided its stage 1 response in which it said it:
1. Could only investigate events over the previous 12 months.
2. Inspected the roof on 9 January 2023, and further repairs were needed. It said further works were needed on 23 February 2023 and it completed these on 19 April 2023.
3. Requested a damp and mould survey on 5 April 2023 but had exceeded its 20-working day timeframe as it attended on 22 May 2023, and apologised.
4. Completed the mould works outside of its policy timeframe and apologised.
5. Inspected again and raised further repairs on 3 November 2023 including for the roof leak but it had yet to complete them and said it would chase these.
6. Apologised that personal items had been damaged but directed the resident to make a claim on her own insurance or a public liability claim against it.
7. Upheld the complaint and offered £100 compensation for inconvenience and distress. It also said how she could escalate the complaint if she remained dissatisfied.
The landlord raised a new roofing repair on 17 November 2023 and for scaffolding on 22 November 2023, which was erected on 28 November 2023.
On 29 November 2023 the resident emailed the landlord and asked to escalate her complaint. She said she had been complaining about mould for 3 years which it had only painted over. She has had a leak in her bedroom, mould in the bathroom as there is no window and mould in the other bedroom due to lack of insulation. She lives with her 2 adult children and mould had caused health problems for her and her daughter, and damaged personal possessions of which she included photographs. She had bought a dehumidifier which she runs constantly and showed high readings. She was trying to move or exchange but had had no success. The landlord acknowledged escalation the following day.
The landlord completed roofing repairs on 2 January 2024 by re-pointing lead around the gutter hopper. It noted it did not get access to inside the property. The resident reported a leak again the following day, on the same day it completed a mould wash and painting in the bedroom. It attended on 4 January 2024 and completed further repairs to the guttering.
On the same day the landlord provided its stage 2 response in which it:
1. Said it had raised a repair to treat damp and mould on 20 December 2023 which it completed on 3 January 2024.
2. Accepted there had been a significant delay in repairing the leak from 9 January 2023. It had chased internally and would update her within 10 working days with its plan going forward.
3. Apologised for the delays and distress caused and upheld the complaint.
4. Replaced its stage 1 compensation offer with a new offer of £600 for inconvenience and distress.
5. Said how she could contact this Service if she remained dissatisfied and that she could do this whether or not she accepted its compensation offer.

Events after the end of the landlord’s complaints process

On 17 February 2024 the landlord attended and looked for the leak inside the property. It then carried out further roofing works, which it said it had half completed due to weather conditions.
The landlord completed a damp and mould inspection on 27 March 2024. It said it did not find any damp or mould, and its damp meter readings confirmed this. It said the windows needed repairs as some were painted shut. It said there was condensation, and it should install a humidity operated extractor fan in the bathroom.
On 26 April 2024 the resident reported a further roof leak. The landlord completed further repairs on 30 May 2024 and confirmed no more repairs were needed. It took the scaffolding down on 5 June 2024. It attended to install the new extractor fan on 18 June 2024 but marked it as a no access. It attended again on 4 July 2024, but its note said the current extractor fan was working.
The resident emailed this Service on 18 July 2024 and said:
1. She still had a leak, damp and mould, and she was unable to open a bedroom window. She reported this in February 2024, but it had not been repaired.
2. Her daughter had had to move out, as the damp and mould was affecting her daughter’s and her health.
3. “Mould grows on my wooden furniture, fabrics, clothes and shoes. Our clothes smell of damp”.
4. She was having to spray and clean mould frequently.
5. She was desperate to move.
The resident has told the Ombudsman that she had tried to arrange repairs appointments as she and her daughter both work. She emailed the landlord on 8 June 2024 and said she had called it and was told it had tried to attend at 7:30am when the appointment was booked for between 8am and midday. She said the landlord repaired the window on 13 August 2024. She has also provided photographs showing discoloured walls in the property.

Assessment and findings

The landlord’s handling of leaks into the property

It is not clear when the resident first reported a roof leak, as the landlord has not provided records of her reports in 2022, however, it said it inspected on 9 January 2023 and identified works needed. For unknown reasons it said it inspected again on 23 February 2023 and completed works on 19 April 2023. There was a delay of 71 working days between its first inspection and doing the works, which exceeded its 20-working day policy timeframe for routine repairs and was a failing. It is not known, due to lack of evidence provided, whether it carried out a water test, or check for leaks, following these works which it should have as accepted industry practice.
During its damp and mould inspection on 22 May 2023 the landlord noted water staining but presumed the leak had been repaired. It has not provided information on what it based its presumption on, and it failed to check for an active leak, which it says it will under its damp and mould policy as part of its survey.
When the resident raised her stage 1 complaint the landlord identified the leak during its survey. It then reviewed the previous work and attempted to recall the job, but this did not happen. It said in its stage 1 response that it had raised new repairs, but it delayed in raising the roof repair for 13 working days after she made her complaint. This was unreasonable considering its 20-working day timeframe to complete the repair. The landlord failed to update the resident about the repairs which led to her escalating her complaint.
Although the landlord carried out repairs this was after 42 working days which was a failing. It noted it did not get access to the property but has not provided any evidence that it agreed the appointment with the resident or of what, if any, notice it gave her as required under its repairs policy. It did promptly re-attend when the resident reported there was still a leak.
Within its stage 2 response the landlord correctly admitted that it had delayed in repairing the leak. It said it would update her within 10 working days but has not provided evidence that it did this. It did however attend again 32 working days later and complete further repairs. It promptly carried out more repairs in April 2024 when the resident reported the leak again.
In relation to the failures identified, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles, as well as our own guidance on remedies.
Within its stage 2 response the landlord apologised for the delays and offered £600 compensation for all distress and inconvenience caused. The offer was in line with its compensation policy. However, it failed to provide the update promised within its stage 2 response, and reattended after the 10 working days it stated. It also took a further repair to fix the leak. There was maladministration which caused distress, frustration, inconvenience, time and trouble for the resident. To reflect this an order has been made that the landlord pay £800 compensation, inclusive of its stage 2 offer.

The landlord’s handling of damp and mould

The resident said in her complaint she had been reporting damp and mould for 3 years. The landlord said in its stage 1 response it would investigate complaint events up to 12 months prior to the complaint, which is in line with its policy and the Code.
When the resident reported mould in her bathroom, she asked the landlord to fit a bigger extractor fan. It said it could not do this and the repair was cancelled in January 2023. Due to the lack of records supplied, it is not known whether the landlord visited the property. Equally, there is no evidence it inspected or when it raised a repair under its damp and mould policy. It did carry out a mould treatment on 24 January 2023 but knew there was an unresolved roof leak and did the painting regardless which was illogical.
The landlord raised a damp and mould inspection on 5 April 2023 but missed its policy timeframe of 10 working days. It correctly admitted this and apologised within its stage 1 response. During the inspection it accepted it should not have completed the painting repairs. It failed to follow its damp and mould policy by presuming the leak had been repaired, although its inspection was one month after the roofing works. It correctly identified the works needed to be redone and a window repair for ventilation. However, it delayed past its 3 working day policy timeframe to raise the damp and mould treatment repairs by over a month, which was a failing.
Following the stage 1 complaint the landlord completed a damp and mould survey within its policy timeframe. However, it did not say how it would improve ventilation or heating the property, although it found these to be the causes of mould in the second bedroom.
After the end of the complaints process the landlord reinspected and recommended a different type of extractor fan in the bathroom which was solution focused. However, it failed to install this. It said there was no longer any damp and had damp meter readings to confirm this but has failed to provide this evidence to the Ombudsman.
There was maladministration. The landlord did not follow its damp and mould policy timeframes, or fully assess the causes of damp and mould by missing an active leak. It also failed to detail what it could do to help control condensation within the second bedroom and failed to install the extractor fan it had recommended. To reflect the distress, inconvenience, time and trouble caused an order has been made that it pay £400 compensation to the resident.

The landlord’s knowledge and information management

A landlord should have systems in place to maintain accurate records of repair reports, responses, inspections, investigations, and communications. Good record keeping is vital to evidence the action a landlord has taken and failure to keep adequate records indicates that the landlord’s processes are not operating effectively. The landlord’s staff should be aware of a landlord’s record management policy and procedures and adhere to these.
The Ombudsman’s investigation of this complaint has been hampered by a lack of evidence and detailed reports which have not been provided by the landlord. These include:
1. Full records of calls and emails between the resident and the landlord.
2. Full records of repairs, containing sufficient information on dates reported, completed, and full repair notes. No before or after photographs have been provided.
3. No evidence has been provided that the landlord followed its repairs policy on no accesses.
4. No reports or photographs have been provided for its several damp and mould inspections. This is despite its policy requiring it to produce a report with damp meter readings and photographs for each inspection.
There was maladministration in the landlord’s knowledge and information management.

Determination (decision)

In accordance with Paragraph 52 of the Scheme, there was maladministration in relation to the landlord’s handling of:
1. Leaks into the property.
2. Damp and mould.
3. Knowledge and information management.

Reasons

There was maladministration in the landlord’s handling of leaks into the property as it delayed and failed to adhere to its repairs policy timeframes. It took multiple attempts to repair the leak and its communication with the resident was poor.
There was maladministration in the landlord’s handling of damp and mould as it did not follow its damp and mould policy timeframes. It failed to fully assess the causes of damp and mould by missing an active leak. It did not say what it could do to help control condensation within the second bedroom and failed to install the extractor fan it had recommended.
There was maladministration in the landlord’s knowledge and information management as it failed to record or produce documents and photographs which would have assisted its and the Ombudsman’s investigation. It did not provide records with enough detail to show it followed its policies.

Orders

Within 4 weeks of the date of this report, the landlord is ordered to:
1. Provide a written apology to the resident from a manager or other senior member of staff for the failures detailed in this report.
2. Pay directly to the resident compensation of £1,200 made up of:
  1. £800 (inclusive of its stage 2 offer of £600) for the distress, frustration, inconvenience, time and trouble caused by its failings in handling leaks.
  2. £400 for the distress, inconvenience, time and trouble caused by its failings in handling damp and mould.
3. Install the humidistat extractor fan it previously recommended in the bathroom.
4. Carry out a full surveyor’s inspection of the entire property, to consider, but not be limited to, damp, mould and condensation and how to resolve any causes found, and the condition of the windows. The landlord is to produce a report with photographs and provide a copy to the resident and this Service.
Within 8 weeks of the date of this report the landlord is ordered to:
1. Complete any repairs or recommendations from its surveyor’s report ordered above.
2. Under paragraph 54(g) of the Scheme:
  1. Carry out a self-assessment against the recommendations within the Housing Ombudsman’s spotlight report on Knowledge and Information Management. If it has already done so, it is to provide an updated assessment detailing its progress towards the recommendations.
  2. Carry out a self-assessment against the recommendations within the Housing Ombudsman’s spotlight report on Damp and Mould. If it has already done so, it is to provide an updated assessment detailing its progress towards the recommendations.
The landlord is ordered to confirm compliance with these orders to this Service within the stated deadlines.