Stonewater Limited (202314861)

REPORT

COMPLAINT 202314861

Stonewater Limited

3 June 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 the resident’s reports of leaks from the roof and interior mould.
The Ombudsman has also investigated the landlord’s complaint handling.

Background

The resident is an assured tenant of the landlord, a housing association. The property is a 2-bedroom flat on the second floor (top floor) of the building. She has lived in the property with her partner and children since October 2021. At the time of moving in, they had a young son and the resident was pregnant with her second child. Her second child has since been born.
When the resident took up the tenancy in October 2021, she noted mould growth in the four corners of the flat. The landlord reassured her it would fix the issue.
In October 2021 the landlord identified mortar damage on the roof and issues with coping stones which needed to be repointed. It noted there were leaks through the extractor fans from the vents, and a dehumidifier was needed. It erected scaffolding and conducted external roof repairs in November 2021. Two dehumidifiers were sent to the resident separately in January and February 2022 (which were removed later at an unknown time). The landlord also isolated power to the extractor fans as a temporary fix in January 2022.
The resident first complained on 3 February 2022 to say roof leaks and black mould were recurring, causing damp and mould in the main bedroom, bedroom and kitchen. There were also leaks through the fans. She reported concerns over her newborn baby’s health due to ongoing damp and mould issues.
The landlord provided a stage 1 response on 18 February 2022 summarised as follows:
1. it had developed a new action plan including repairs to the roof gutters, replacing the vents, stain blocking the interior damp and mouldy areas, and replacing the extractor fans
2. it assigned a new subcontractor for these works
3. it offered £250 to the resident in recognition of its poor communication, service failures in relation to the repairs, and the resident’s time and trouble.
The resident subsequently chased the landlord in March 2022 for this response as she had not received it. The landlord re-sent this and also credited £168 to the resident’s account for unspecified service failings relating to the ongoing issues.
In March 2022, the landlord erected scaffolding for a second time to conduct repairs to the roof and loft. The works were completed in April 2022. The contractor further attended to refit parts of the gutter.
On 16 August 2022, the resident reported a water leak in the hallway. The landlord’s operative attended the next day and noted recurring leaks near the front entrance. The landlord carried out roof repairs again from September to October 2022 and completed tiled roof repairs on 31 October 2022.
The resident contacted the complaints team on 31 October 2022 to chase a reply to her former complaint (raised in February 2022) which she said she had not received. On 7 November 2022, she raised a written complaint about the unresolved roof leaks, damp and mould. She also complained nothing had been done to replace the extractor fans and the guttering was still damaged. She asked the landlord to compensate her for damaged property (including carpets) and the distress and inconvenience.
The landlord treated this as a new complaint and provided a stage 1 response on 7 December 2022 (after an agreed extension) which is summarised as follows:
1. temporary works on the roof to prevent leaks had been completed;
2. full roof assessment was pending;
3. it acknowledged delay in replacing the extractor fans, which was being actioned;
4. it apologised and offered £250 for the delay in repairs, poor communication and in recognition of stress and inconvenience to the resident;
5. the resident should recover the property loss for the carpets through her contents insurer.
On 17 January 2023 the landlord also conducted repairs on the gutter and drain pipe in the car park. In early February it started new repairs on the roof.
The resident remained dissatisfied and asked for escalation of her complaint on 2 February 2023. The landlord provided a stage 2 response on 16 February 2023 which is summarised as follows:
1. new roof repairs with scaffolding would start in mid-February 2023;
2. new repairs on the roof started on 7 February 2023 but the contractor found new areas (the four corners of the flat) that needed repairs;
3. the assessment by its former contractor was missing information and did not identify the need for scaffolding;
4. the new contractor needed time for a re-assessment and putting up scaffolding, which caused delays;
5. interior fixes to the bathroom, bedroom and kitchen would be conducted on 21 February 2023;
6. it had scheduled interior mould treatment for 21 February 2023 and the resident could get in touch if the timing was inconvenient;
7. it apologised for the delays and not updating the resident about the change in contractors
8. it offered £450 for the delays, poor communication and distress and inconvenience.
On 21 February 2023 the landlord carried out repairs and refitting to the bedroom, bathroom and kitchen. It replaced bathroom facilities including tiles, bath and shower riser unit. It also carried out mould washes and repainted the walls and ceilings in those rooms.
In April 2023 the landlord erected scaffolding for a third time, carrying out an investigation to find the cause of the leaks and repairs to the roof. This was completed on 21 April 2023.
The leaks recurred in August 2023 and the resident asked our Service to intervene. She reported ongoing property damage from the leaks (carpets, wardrobe and mattress). She was also concerned about the potential health risks to herself and her family from the persistent damp and mould. She asked the landlord to relocate her.
The landlord continued to carry out intermittent repairs to the roof from August to December 2023 as leaks kept recurring. The contractor worked on the coping stones and proposed creating more vents in the roof.
On 1 March 2024, the landlord engaged a damp and mould specialist to conduct an inspection of the property. They recommended an investigation of defects in the guttering and parapet walls at roof level. They also recommended a range of remedial works including repairing cracks on the parapet walls, repairing the valley guttering, and re-pointing the coping stones. To address the interiors they recommended mould cleaning and decoration.
The landlord delivered a dehumidifier to the resident on 6 March 2024. It also made a further compensation offer to the resident on 5 March 2024 for £1,775 (inclusive of £1,150 for distress and inconvenience caused by delays to repairs, £500 for poor communication and the resident’s time and trouble and £125 for failure to follow repairs and communication policies).
The resident informed our Service that the contractor made further appointments for interior mould painting around March 2024 but did not attend. She therefore purchased mould resistant paint and treated the interior walls of the flat herself around March/April 2024. The landlord reimbursed the resident £34 for the mould paint. It also paid her £420 towards electricity costs from using the dehumidifier.
In early May 2024 the landlord erected scaffolding for the fourth time to carry out repairs as recommended by the damp and mould specialist. This appears to be the most extensive round of repairs so far. The works were completed on 9 May 2024 and the landlord has undertaken to contact the resident for follow-up by 6 June 2024.
The resident stated she remained unhappy about the length of time it took for the repairs which still had not resolved all of the issues, the delays caused by patchwork repairs with “cowboy” contractors, and poor communication. She explained all of this had caused distress and inconvenience on herself and her family and they were worried about the impact on their health. They have also had to replace a lot of their possessions, for which she has accepted some compensation from the landlord.

Assessment and findings

Scope of investigation

The landlord provided a stage 2 response on 16 February 2023, following which the resident referred the matter to our Service. Since then the landlord has carried out more follow-up repairs and offered the resident more compensation. As these actions are directly linked to the subject matter of the complaint, this investigation will consider the landlord’s actions until May 2024.

The landlord’s handling of leaks from the roof and interior mould

Under section 11 of the Landlord and Tenant Act 1985, the landlord is responsible for repairs to the structure and exterior of the property. The tenancy agreement and the landlord’s responsive repairs policy confirm this.
The landlord’s responsive repairs policy defines non-emergency repairs as “those that do not pose a threat to the safety of residents or their homes” and sets out the expected timescale for repairs as 28 days at maximum from receiving the resident’s notification. Cases requiring major repairs (where there is a significant amount of work required beyond the original repair) have an expected delivery timeframe of a maximum of 42 days. The landlord also undertakes to maintain clear and continuous communication with the resident to ensure they know when a reported repair would be completed, at a time convenient to the resident.
The landlord’s damp, mould and condensation policy states it would proactively identify homes at risk of damp and mould issues, contact residents to assess what intervention was needed and at what level of urgency. It also says it would work collaboratively with any affected resident as a priority and keep engaging with them to check whether interventions have been successful.
The landlord carried out a series of investigations and repairs from October 2021 to May 2024 to identify the cause of the leaks, erecting scaffolding on at least four occasions. Throughout this period, the resident reported recurring leaks from the roof after heavy rain, causing damp and mould to the interior (most notably the ceilings and walls of the main bedroom, kitchen and bathroom). The leaks caused damage to the resident’s property including carpets, mattress and wardrobe which she has to replace. She was also stressed and concerned about the health impact from the damp and mould on herself and her young family.
The roof leaks at the property have been recurring since the start of the resident’s tenancy. Although the landlord kept sending contractors to assess and conduct repairs (with repairs done with scaffolding in November 2021, March 2022 and April 2023), those actions failed to effectively resolve the leaks or mould growth.
Whilst the landlord carried out a number of visits, checks and works over the period, it did not arrange an inspection by a damp and mould specialist until 1 March 2024, which was after contact from our Service. On the recommendations of this specialist report, it then carried out the most extensive repairs to date in May 2024.
The Ombudsman accepts that the diagnosis of causes of damp and mould can be complex. Early recognition of complex problems and specialist intervention therefore plays a key role in effective damp and mould management. As the Ombudsman’s 2021 Spotlight Report on Damp and Mould (Chapter 3) sets out, landlords need to ensure they can identify complex cases at an early stage and have a strategy for keeping residents informed on an effective resolution.
The landlord previously told the resident it would carry out a full roof assessment in its stage 1 response of December 2022. The subsequent assessment by its former contractor in January/February 2023 was missing critical information (that the four corners of the flat had mouldy growth and needed inspection/repairs with scaffolding), which meant another assessment had to be done. This suggests the initial assessment was of poor quality. Despite this, the landlord did not order a specialist inspection until March 2024, more than two years after the resident raised the issue.
While the landlord has apologised for the failure to carry out repairs within its 42-day period and acknowledged it had to re-assess in February 2023, it has not acknowledged it should have arranged a more thorough specialist inspection sooner. There is also no evidence the landlord shared its inspection and assessment findings with the resident throughout.
As early as October 2021, the landlord identified that there were leaks through the extractor fans and they needed to be replaced. It put in a temporary fix with power isolation in January 2022 and again promised to replace the fans in its complaint response of February 2022, but did not action this until January/February 2023 after the resident made another complaint. In accordance with the landlord’s repairs policy, this should have been classified as a non-emergency repair and completed within 28 days. The delay was unreasonable and caused frustration and distress to the resident. It also aggravated the existing damp and mould issues.
There were also delays in gutter repairs. This was first raised in February 2022 but not completed until January 2023 after the complaint. This caused the resident more distress and frustration and compounded the damp and mould issues.
The landlord acted appropriately to provide dehumidifiers to mitigate the impact to the household while investigations were ongoing. However, it delayed in doing so. It identified the need for dehumidifiers in October/November 2021 but did not provide them until January/February 2022. After some time it removed the dehumidifiers (it is unclear when this happened). No more dehumidifiers were provided until March 2024. On the second occasion, the landlord reimbursed the resident for the energy costs of operating the dehumidifiers which is in line with our Spotlight Report recommendations. However, it should have supplied the dehumidifiers sooner as well as reimbursed the resident for energy costs the first time.
There were issues with communication and keeping the resident informed. As the Spotlight Report sets out, the landlord should keep the resident informed on its strategy for resolving damp and mould. This is also confirmed in the landlord’s repairs policy. While the landlord communicated with the resident on the dates when contractors would attend for scaffolding and repairs, it did not keep her informed on other aspects, for example, when she could expect roof investigations to take place and the findings. In its stage 1 response of December 2022, the landlord told the resident it would carry out a full roof assessment, but gave no timeframe. Subsequently, its contractor did not carry out an adequate assessment, leading to a change in contractor and a new assessment. The landlord did not update the resident about this at the time. It has since apologised to the resident and explained why there was a delay in putting up scaffolding in its stage 2 response.
Overall, the landlord has partially acknowledged its failures, including delays in repairs, failures to follow its own repairs policies and poor communication. It recognised these failures caused prolonged distress and inconvenience to the resident over a period of more than two years, as well as costing her time and trouble to pursue her complaint. Having said that, it has not acknowledged in full where things went wrong, including the delay in seeking specialist intervention, not sharing inspection findings, and the delay in providing dehumidifiers.
The Ombudsman has asked the landlord to provide an account of what compensation it has paid to the resident to date. Based on this evidence, the Ombudsman is satisfied that the landlord paid the following:
1. in February 2022, it paid £250 to the resident in recognition of delays in repairs, poor communication, stress and inconvenience, as part of its stage 1 response of the first complaint;
2. in March 2022, it credited £168 to the resident’s rent account for related service failures;
3. in February 2023, it paid £450 in recognition of delays in repairs, poor communication and the distress it caused, at stage 2 of the second complaint;
4. in March 2024, following contact from this Service, it paid £1,775 in recognition of the resident’s distress and inconvenience and in compensation for failures to follow repair and communication policies, in addition to the previous offers as part of its complaint review;
5. in March to May 2024, it made reimbursements to the resident for energy costs for dehumidifier use (£420) and mould paint (£34);
6. in total, it has paid £3,097 to the resident in compensation.
Where there was a single significant failure in service or a series of significant failures which have had a seriously detrimental impact on the resident, the Ombudsman may find severe maladministration. In these circumstances, a financial compensation of £1,000 or more may be appropriate.
Given the length of time it has taken to investigate the leaks and the repeated repair attempts which have not satisfactorily resolved those issues over more than two years, the failures to handle the repairs could have warranted an overall finding of severe maladministration. However, the Ombudsman has taken into account the continued actions taken by the landlord after the end of the internal complaints process and the recent revised compensation offer.
Taking all the circumstances into account, including the history of reports, works and inspections, the Ombudsman considers the landlord should have ordered a specialist inspection at an earlier point which would have led to the extensive works and repairs being completed sooner. It should also have reconsidered its position on compensation at an earlier point when it was clear that matters had not been resolved following its stage 2 response. Failing to take those steps at the right time meant more delay in resolving the leaks, which prolonged the resident’s sense of distress and frustration. Therefore, whilst noting the landlord’s subsequent offer of redress, the Ombudsman has made a finding of maladministration.
The resident has complained of loss of personal items including carpets, mattress and wardrobe due to the leaks and mould, which she has had to replace. The landlord asked the resident to recover this through her contents insurer, which was in line with its compensation policy. It is unclear if the resident has done so. If she has not done this, she should proceed with this procedure and the landlord should consider paying the policy excess in line with its own compensation policy. If the resident does not have contents insurance or has not been successful in her claim, in line with the policy, she should provide the landlord with information on the costs for replacement of those items so that it can forward this to its insurer.

Complaint handling

The landlord’s complaints policy provides for a two-stage complaints procedure. At stage 1, it should respond to the complaint within ten working days; at stage 2 (the final stage) it should respond within 20 working days. These timeframes mirror those set out in the Ombudsman’s Complaint Handling Code (the Code), which member landlords are expected to adhere to.
As stated in the Code, in complaint responses, the landlord should give details of outstanding actions. This should include the times and dates of planned works so the resident is clear when they can expect issues to be resolved.
The resident first complained on 3 February 2022 about the repairs not having resolved leaks and expressed concerns over health impact to her children, one of which was a newborn baby. The landlord provided a stage 1 response on 18 February. While there was no undue delay, this letter lacked detail. It explained its contractor had not given enough information on what follow-up works were needed and apologised for miscommunication and delays. It referred to further planned repairs but did not give an expected timeframe. There was no acknowledgment of the resident’s worry over health risks.
The resident followed up on her complaint about the same unresolved roof leaking issues in October 2022 and the landlord opened a new case in November, restarting the complaints process at stage 1. Given the time gap between February until November 2022, it was not unreasonable nor against the complaint policy for the landlord to treat this as a separate new complaint. However, the second complaint is essentially a follow-up to the first complaint as the same issues remained unresolved.
The stage 1 response of 7 December 2022 was in time after the landlord agreed on an extension with the resident. This letter referred to a pending “full assessment of the roof” but gave no timeframe for this.
The stage 2 response of 16 February 2023 was also in time. This gave a more detailed update on what works were pending and when they would be carried out. It contained an apology for not keeping the resident updated in the interim about the change in contractor. It acknowledged its initial assessment was insufficient. There was a missed opportunity to review its earlier responses and apologise for the initial lack of information. Neither response addressed the resident’s worry over health risks posed by the mould to herself and her family which included young children.
The Ombudsman therefore finds service failure in the complaint handling as the complaint responses lack appropriate detail. The landlord is ordered to apologise to the resident accordingly and pay £100 to the resident in recognition of the resulting stress and inconvenience.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, the Ombudsman finds:
1. maladministration in relation to the landlord’s handling of the resident’s reports about leaks from the roof causing interior damp and mould;
2. service failure in relation to the landlord’s complaints handling.

Orders and recommendations

Orders

Within four weeks from the date of this report, the landlord is to make a further apology in line with the Ombudsman’s remedies guidance. This apology should address the failings identified in this report which the landlord has not acknowledged before:
1. Delays in arranging a detailed specialist inspection and failure to share findings from its roof inspections with the resident;
2. Not arranging dehumidifiers in good time;
3. The compensation offers made in March 2024 should have been offered earlier at stage 2 in February 2023;
4. Poor communication and lack of information in its stage 1 complaint responses.
Within four weeks from the date of this report, the landlord is to pay £300 to the resident, in addition to the sum of £3,097 previously paid, broken down as follows:
1. £200 in recognition of the prolonged distress and inconvenience caused by delays in arranging specialist inspection and repairs;
2. £100 in recognition of the stress, trouble and inconvenience caused by lack of appropriate detail in the complaint response.
At the time of payment, the landlord is to provide the resident with a breakdown of the sums it has paid her in relation to this complaint and send her proof of payment so that she can check this against her own records.
Within two months from the date of this report, the landlord is to review and update its damp and mould policy, to highlight the need to identify complex cases at an early stage, seek specialist intervention at the earliest appropriate opportunity, and share its inspection findings with the resident. The landlord is to send a copy of this document to our Service and publish it on its public website.
The landlord must continue to monitor the damp and mould situation at the property and check in with the resident monthly until November 2024 (six months after the repairs in May 2024) to ensure the repairs have been effective. The landlord should confirm its commitment to monthly check-ins by writing to the Ombudsman, within four weeks of the date of this report.

Recommendations

The landlord should remind its staff to give an appropriate level of detail in its complaint responses so that residents are clear about timeframes for planned appointments and repairs. Staff should also address the resident’s concerns over health risks and acknowledge any vulnerabilities and special circumstances, including the health of young children living in the property, which may compound the overall impact.