Anchor Hanover Group (202107365)

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REPORT

COMPLAINT 202107365

Anchor Hanover Group

31 May 2023

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:
1. Resident’s reports of damp and mould in the property.
2. The associated complaint.

Background and summary of events

Background

The resident has an assured tenancy agreement with the landlord. The resident lives in a two-bedroom ground floor flat.
The resident has advised that she has disabilities, is chronically ill and house bound. The resident is 85 years of age. The resident lives with her son who is also her full-time carer.

Scope of investigation

The resident said that the damp and mould in her property have caused her to suffer from chronic obstructive pulmonary disease (COPD). As a condition this affects a person’s respiratory function.
This Service acknowledges that the resident has explained how the landlord’s handling of the damp and mould significantly impacted her physical health. The Ombudsman cannot draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is outside our jurisdiction, but consideration has been given to the general distress and inconvenience that may have been caused to the resident.
The resident reported historical issues with damp in the property from 2011 and has provided photos to this Service for this time. This investigation is primarily focused on resident’s recent reports from October 2020 as this was considered in the landlord’s complaint process. This is because this Service expects complaints to be brought to the attention of the landlord as a formal complaint within a reasonable period. This is normally within six months of matters arising. Therefore, in this case, given the time that has now passed, the historical aspects of the resident’s complaint fall outside of the Ombudsman’s jurisdiction to investigate.

Landlord’s obligations

Under Section 11 of the Landlord and Tenant Act 1985, the landlord is obliged to keep in repair the structure and exterior of the dwelling house. This obligation is confirmed in section 1.2a (i) of the tenancy agreement.
The resident’s tenancy agreement states the landlord will keep the property in good repair the structure and exterior of the property. This includes carry out repairs for which it is responsible within a reasonable time, giving priority to urgent repairs.
The landlord’s repairs and maintenance policy states that emergency repairs should be responded to within 24 hours, urgent repairs within seven calendar days. It also says that routine repairs should be responded to within 28 working days.
Under sections 9A and 10 of the Landlord and Tenant Act 1985 (as amended), the landlord was under a duty to ensure the property was fit for human habitation, including free from mould.
The Housing Health and Safety Rating System (HHSRS) is concerned with avoiding or minimizing potential hazards. The landlord has a responsibility to keep a property free from category one hazards, including protection from infection and damp and mould.
With reference to damp and mould, the HHSRS says that the possible health effects include breathing difficulties caused by mould as well as depression and anxiety. Preventive measures include damp proof courses, properly installed drainage, and adequate extraction of moisture laden air during peak times, like cooking and bathing and laundry.
The landlord has a two stage complaints procedure which states:
1. At stage one the landlord should acknowledge the complaint within two working days and provide a formal response within 14 working days.
2. At stage two, the landlord should provide a full and final response within 14 days following a full investigation of the complaint.
The landlord’s compensation policy states it may consider an offer of compensation or good will when it has, through its own actions or inactions, failed to deliver services of an acceptable standard.

Summary of events

On 6 November 2020, the landlord’s surveyor attended the property. The surveyor identified black spot mould growth in the kitchen, bathroom, lounge, and main bedroom. The surveyor said the main area of concern was the main bedroom where black spot mould growth is evident on external wall surfaces. The surveyor tested the external walls of the property and did not find high levels of dampness. Therefore, the surveyor said the damp in the property was linked to condensation. The surveyor recorded that the relative humidity in the property was over 60%.
The surveyor noted that the existing ventilation by way of fans in the kitchen and bathroom were switched off. He recommended a replacement new passive vent in the bedroom, installation of air vents in the hallway cupboard and mould treatment in the bedroom, lounge, bathroom, and kitchen. The surveyor said it was imperative that the resident allowed units to run to improve air quality. As well, as removing excess moisture as and when produced. For reference, when relative humidity goes above 50% mould can grow in a property. The surveyor recommended that the landlord improved indoor air quality to prevent further issues in the future. The records show the resident was not provided a copy of this report. The resident requested a copy of the report on 2 July 2021. The records show the resident received a copy of this on 8 July 2021.
A further landlord inspection took place on 15 December 2020 of the property. This identified that the external walls of the flat were unsound. The landlord said that there was a cross contamination of materials which were adjacent to the damp area in the main bedroom. The landlord said new vents would be required in all rooms and the vent in the bedroom would need to be cleared as the resident had blocked it. The landlord provided a picture of an external vent blocked by material. Also, cavity wall insulation was required. The pictures provided to this Service shows readings of between 56% and 59% relative humidity in the property. The landlord has not provided any evidence to confirm what work was ordered or agreed with the resident at this time.
On 2 July 2021, the resident raised a complaint with the landlord regarding the damp and mould in the property. The resident complained about the length of time taken for the landlord to resolve the issues with damp and mould. The resident said she was unhappy that originally the landlord said she was at fault. The resident said due to the damp and mould in the property she has lost considerable personal belongings and suffered an increase of ill health.
The landlord emailed the resident on 5 July 2021, to confirm it would contact the resident in the next two working days to discuss the complaint.
On 8 July 2021, the resident had a face-to-face meeting with the landlord to discuss the damp and mould in her home. In resolution to the meeting the landlord agreed on a schedule of work to be delivered to rectify the problem. This included external work to the property and some internal work. The notes from the meeting state that the landlord would complete work within four weeks. The landlord said it would contact the resident when it could confirm a start date.
On 12 July 2021, the landlord raised an order to complete the outstanding external work to rectify the damp and mould in the property. This including adding a trench to the property and damp proofing external walls.
The resident contacted the landlord on 12 July 2021, the resident said that she had only just obtained a copy of the survey from December 2020. As such, the resident said she was unhappy that she was told that the damp was due to her not ventilating the property. However, the survey showed the damp and mould was caused by the flat’s external walls.
On 9 August 2021, the resident contacted the landlord. The resident said she was seeking compensation for the damaged carpet, mould infested furniture due to the mould and damp. The resident said the landlord’s recommendation of fans would not help resolve the situation.
The landlord started work on the external property on 11 August 2021. This included excavating and backfilling a trench in the perimeter of the property. The landlord carried out a camera survey of the down pipe and applied tanking compound to the damp proof level. The external work was completed by 19 August 2021.
On 15 September 2021, the landlord said it was planning to upgrade the fans in the bathroom and bedroom. Additionally, it was going to look at another form of ventilation for the bedroom as the resident had blocked the vent with rags. The landlord said the resident had asked for internal work to be paused as she was due to have an operation in September.
In contact with this Service dated 16 September 2021 the landlord said it was awaiting contact from the resident to complete repairs.
The landlord contacted the resident on 20 September 2021 for an update. The resident agreed for internal work to commence. However, the resident said she did not feel that adding further ventilation would be sufficient. The resident requested for the bedroom to be re plastered and decorated. Also, for the rest of the property to be decorated.
The landlord contacted the resident on 30 September 2021 to discuss work going forward. The resident declined this visit and requested a further date for discussing work. An appointment was booked for 13 October 2021 for the landlord to commence mould treatment with re-decoration and to replace the existing passive vent in the bedroom. Also, the supply and install a ventilation unit in the hallway cupboard.
The resident contacted the landlord on 11 October 2021 to cancel the mould treatment and re-decoration due to take place on 13 October 2021. The resident said she will contact the landlord when feeling better to rearrange.
On 21 October 2021, this Service contacted the landlord to advise that it would not expect the landlord to delay issuing a complaint response due to waiting on repairs. This Service advised the landlord that its complaint response should set out what it intends to do and when it expects to complete repairs. The letter went onto say that the landlord should provide a written response to the complaint by 28 October 2021.
The landlord contacted this Service on 28 October 2021 to say it did not feel that it was appropriate to provide a response until all outstanding work had been completed. The landlord said until all work is completed it would review the extent of damaged caused and negotiate any compensation due.
In this Service’s response to the landlord dated 1 November 2021 reiterated that the Ombudsman would expect a landlord to provide a complaint response despite work being outstanding. Also, for the landlord to confirm when it expected to complete outstanding work.
The landlord provided its stage one complaint response on 4 November 2021. In its response the:
1. Landlord apologised for the delay in provided its stage one response. The landlord said it was delayed as it was trying to arrange a time to complete work.
2. Confirmed it had completed all external work to property.
3. Advised that it had made two appointments to complete internal work, but this was cancelled by the resident due to ill health. The landlord said the resident’s son contacted it on 11 October 2021 to request work is postponed until the resident was well. Further, the resident’s son he would be in touch to reschedule. The landlord confirmed as off 4 November 2021 it had not received any contact.
4. It was ready to complete any outstanding internal work for when the resident was ready. The landlord requested for the resident to contact to confirm when was convenient.
5. The landlord said it would consider the resident’s request for compensation after work had been completed.
On 8 November 2021, the resident contacted the landlord to express concern that the stage one response was signed by a repair’s surveyor. Also, that internal work had not yet been completed.
The landlord emailed on the resident on 15 November 2021, to acknowledge that the resident was concerned with its stage one response. The landlord confirmed that the stage one response was legitimate. The landlord confirmed it was waiting on the resident’s permission to carry out work, so a date could be arranged.
The landlord contacted the resident on 2 December 2021 to confirm it was still reviewing all the correspondence on the case. Also, that it would be in touch in due course.
On 15 February 2022 the resident contacted the landlord to request that the complaint is progressed to stage two of the complaint procedure. The resident said she initially reported her concerns in 2021 and work is still outstanding. This included that internal wall still needed plastering, floor tiles needed replacing and the bedroom carpet.
On 28 February 2022, the landlord contacted the resident to say it would aim to provide its final response within 14 days.
The landlord contacted the resident on 8 March 2022 to apologise for the delay in providing its stage two response. The landlord advised that it has had to obtain further information from other departments. The landlord said it would provide its stage two response on 25 March 2022.
The landlord provided its stage two complaint response on 30 March 2022. In its response:
1. The landlord advised that it was due to attend the property on 13 October 2021, but this was cancelled by the resident suffering from norovirus. The landlord confirmed it asked the resident to contact when she felt better so it could rearrange the visit. As such, the landlord said it was still waiting for authorisation to access the property to complete internal work.
2. The landlord reiterated that it is still not in a position to consider offering compensation until work is completed. The landlord said once completed it will review the extent of the damage to negotiate compensation.

Post complaint

On 26 April 2022, the resident contacted the landlord to request for the landlord to send its surveyor. Additionally, the resident requested for work to start on the damp and mould in the bedroom.
The landlord acknowledged the resident’s email on 28 April 2022 and confirmed it would forward it to the surveyor.
On 24 May 2022, the landlord surveyor contacted the resident to say it would continue with the outstanding internal work in the property.
The resident emailed the landlord on 24 May 2022 to suspend all action pending contact from this Service.
The resident confirmed this in a call with this Service in May 2023 that all internal work is still outstanding.

Assessment and findings

When investigating a complaint, the Ombudsman considers its Dispute Resolution Principles. This is good practice guidance developed from the Ombudsman’s experience of resolving disputes for use by everyone involved in the complaints process. There are three principles driving effective dispute resolution:
1. Be fair – treat people fairly and follow fair processes.
2. Put things right, and.
3. Learn from outcomes.

The resident’s reports of damp and mould in the property

In this case, for context the resident has reported damp and mould in the property has been an ongoing issue since 2011. It is understandable this remains a concern to the resident particularly, as the resident says this has greatly impacted on her physical health. This Service recognises the distress caused to the resident by the issue.
For context the evidence provided to this Service shows that the landlord carried out its initial investigation on 6 November 2020. At this time, the landlord found black spot mould growth in the bedroom. At this time the landlord’s records show that the landlord linked the damp to condensation and made recommendations to improved air flow.
The records show that the landlord carried out an external survey of the property on 15 December 2020. The survey identified that the external walls were unsound in an area adjacent to the resident’s bedroom. From the evidence available to this Service the landlord did not raise any repairs following the surveys.
This Service’s spotlight report states that landlords should ensure they have strategies in place to manage these types of cases with an emphasis on ensuring that the resident is kept informed. Also, for the resident to feel that the landlord is taking the issue seriously and that the matter is progressing. With this in mind, it is not reasonable that the landlord was not proactive when it identified mould in the property. Particularly, as the resident was vulnerable and had ongoing issues with damp and mould in the property. Also, the landlord should have been more proactive given the resident was vulnerable and that her bedroom was highlighted as having higher levels of mould present.
Due to the landlord failing to progress the previously identified works to the internal and external walls of the property in November and December 2020, the resident raised a complaint in July 2021. At this time, the resident attended a face-to-face meeting with the landlord. As a result of the meeting the landlord agreed to the proposed work on 5 July 2021. In the evidence considered by this Service, the landlord has not provided a reason for this delay or any mitigating factors. This is not reasonable and suggests that the landlord was not taking the landlord’s complaint seriously. As such, this only sought to exacerbate the resident’s time and trouble chasing the landlord for updates and for action.
The records show that just over a month later on 11 August 2021, the landlord commenced external work on the property. This was completed on 19 August 2021. Overall, this meant that the external work on the property took nine months to complete. This is not reasonable and is not in line with the landlord’s obligations to complete routines repairs within 28 days.
As above, the external work was completed on 11 August 2021. However, this left work outstanding to inside the property. This included fitting new fans and cleaning the walls inside the property to remove mould. Also, to damp proof the property.
This Service recognises that the resident requested that the landlord pause action due to a planned operation at the beginning of September 2021. Also, due to the resident being ill with norovirus planned work was delayed from 13 October 2021. At this time, it was reasonable for the landlord to listen to the resident and respect her health needs and wishes.
In this case however, there were periods of inactivity on the landlord’s behalf since the resident delayed the planned work on 13 October 2021 and 30 March 2022 when it issued its stage two response. The landlord has been clear that it was waiting on authorisation from the resident to access the property. This Service acknowledges that it was the landlord’s view that it was more customer focused to wait for authorisation from the resident to access the property. However, this led to missed opportunities to address the issue of damp and mould in the property.
With this in mind, it is this Services view that the landlord should have had processes in place to follow up with the resident to rearrange the appointment promptly.
In terms of what this Service would expect, the landlord should have demonstrated that it had taken the resident’s and inspection reports in the later part of 2020 seriously. Particularly, given the resident is vulnerable and has been clear throughout her contact with the landlord that the damp and mould was exacerbating her physical health conditions.
This Service has seen evidence in the landlord’s records that it has noted the resident not ventilating the property has contributed to the matter. This Service’s spotlight report on damp and mould published in October 2021 states in summary that landlords should avoid automatically apportioning blame that leaves residents feeling blamed. The report was published after the landlord’s initial contact with the resident in October 2020, however it consolidated some of the good practice that would be expected of landlords for such issues.
This Service’s follow up report on spotlight report on damp and mould published in February 2023, reiterates that residents should be treated with dignity, respect, and fairness. With this in mind, this Service would expect that the landlord considers its language and terminology used when assessing damp.
It is notable, that the Ombudsman’s follow up report was published after the landlord had issued its stage one and two complaint responses. However, the evidence supplied by the resident is clear that the crux of the complaint relates to the resident’s disheartenment from being blamed. This relates to the landlord saying that the resident had blocked vents. This in itself has been an integral part of the breakdown in relations between the resident and the landlord. As such, the landlord did not manage the cause of damp and mould appropriately.
In terms of the landlord’s obligations, its own repair policy states routine repairs would take place within 28 days. Therefore, this Service would expect the landlord to have been proactive to complete damp proofing following the landlords initial survey in November 2020. Also, following its survey on 15 December 2020. Both of which recorded damp in the property and issues with the external wall. As such, in line with its own repair policy the landlord should have completed work with 28 days.
In this case, this Service notes that the landlord listened to the resident wishes to pause internal works whilst she was ill. However, this Service would expect the landlord to actively seek instruction from the resident to arrange for internal work to be completed. As this is not the case, the landlord has not addressed that ventilation needed to be improved in the property. This is due to the fact that the landlord’s survey highlighted that ventilation in the property was a contributing factor so work needed to be completed. This is not reasonable, and the landlord has failed in its service delivery by not having a continuing dialogue with the resident to bring the matter to a resolution.
As of May 2023, internal work has been proposed for two years and five months. This is also not reasonable and not in line with what is expected as confirmed by the Housing Health and Safety Rating System, introduced by The Housing Act 2004. This confirms that landlords have a responsibility to ensure work is undertaken to ensure damp and mould problems do not create a hazard to residents. Therefore, the landlord’s lack of action was inappropriate give damp and mould are potential hazards within the scope of HHSRS.
In conclusion, the landlord did not communicate effectively with the resident regarding progress of damp proofing work in the property. Additionally, the landlord was not proactive in addressing the damp and mould problems in the resident’s home. Therefore, the landlord failed in its service delivery and failed to manage the resident’s expectations. This is maladministration.
In terms of putting things right, the resident has been clear throughout the complaint process that she is seeking compensation. The landlord in both of its complaint responses said it would review the extent of damage once work had been completed. Therefore, the landlord has not offered compensation to the resident in the complaint process. This Service expects a landlord to consider compensation during its complaint process. Our code is clear that landlord’s must consider awarding compensation to residents for any distress and inconvenience caused. Also, for any time and trouble the resident incurred. With this in mind, it is not reasonable for the landlord to not consider compensation in its complaint process.
With regards to compensation, this Service will look at what is fair in all the circumstances. This includes taking into account the duration of any avoidable stress or inconvenience, the detriment to the resident, the landlord’s policies, and procedures and whether the landlord’s or the resident’s actions or lack of action have contributed to any loss, distress, or inconvenience.
The resident requested compensation to cover damages to belongings such a carpet, wardrobe, and bed. Also, compensation to cover the impact on the resident’s health for her living in a property with damp and mould.
It is important to note that this Service cannot make the same findings that court can, and we do not operate the same way a court does. With this in mind, we do not make binding decisions on matters such as negligence and liability. In terms of the resident’s requests for damages the landlord’s handbook for tenants states the landlord has its own building insurance. This states it is responsible for insuring the buildings for loss and damage from fire, flood, explosion, subsidence. It is this Service’s view that during its complaint process that the landlord should have provided information to the resident on making a claim through its insurance to claim for damages.
When considering financial compensation this Service may order a landlord to pay compensation where there has been avoidable inconvenience. Additionally, avoidable distress, detriment and time and trouble.
This Service’s approach to compensation is set out in our remedies guidance, which is published on our website. This guidance states that awards of £100 to £600 may be appropriate for cases where there has been a failure which has had an adverse effect on the resident.
It is clear the landlord should have done more to resolve the issue and, by not doing so, it caused a serious failing. In this case, there was a delay in the landlord completing external works and internal work is still outstanding. Whilst this Service notes that the landlord listened to the residents wishes and paused internal works. On balance, there was a significant delay to commence internal works. The landlord has failed to be proactive in communicating with the resident to obtain access. Further, there was a lack of evidence to suggest that the landlord assessed any risk of additional support or priority to the work based on the resident’s vulnerability. In view of all the circumstances, the landlord should pay the resident £500 compensation for distress and inconvenience caused by its errors in the handling of their damp and mould reports.

The associated complaint

The Housing Ombudsman’s Complaint Handling Code (the Code) was introduced with the aim of improving complaint handling across the housing sector. As a member of the Scheme, the landlord is obliged to establish and maintain a complaints procedure in accordance with any good practice recommended by the Ombudsman.
The resident initially complained to the landlord on 2 July 2021, regarding damp and mould in the property. The landlord acknowledged the complaint on 5 July 2021. The resident and the landlord attended a face-to-face meeting on 8 July 2021 to discuss the complaint.
Over four months later the landlord provided its stage one complaint response on 4 November 2021. It is notable that this followed contact from this Service on 13 September 2021 and 21 October 2021. Therefore, this is not in line with the landlord’s own complaint policy to provide a response within 14 working days.
In accordance with the Code, it is recommended that a landlord’s provide its stage one response within ten working days from receipt of the resident’s complaint. Therefore, the landlord’s own complaint policy to respond within 14 working days is out of line with our Code.
The records show that the resident requested that the landlord escalate the complaint to stage two on 8 November 2021. The resident cited that internal work was outstanding and no compensation had been offered. Over four months later the landlord provided its stage two response. In correspondence with this Service, the landlord said it was waiting for work to be completed before providing its stage two complaint response. In terms of the timescale, this is not in line with the landlord’s own complaint policy.
The evidence provided shows that the landlord acknowledged the resident’s request for stage two on 15 November 2021. On 2 December 2021 the landlord confirmed it was still looking into the resident’s concerns. At this time, the landlord did not provide a timescale for providing a stage two response. The landlord instead said it would be in touch in due course. Therefore, the landlord failed to manage the resident’s expectations and was not customer focused.
The resident contacted the landlord on 15 February 2022, for an update and for the landlord to progress her complaint. As such, the landlord contacted the resident on 28 February 2022 to confirm it would provide its response within 14 days. The landlord issued its stage two complaint response just under a month later on 25 March 2022.
Overall, a four-month delay in providing its stage two response was unreasonable. This is not in line with the Code which states stage two responses should be provided within 20 working days. Neither was it in line with the landlord’s own complaint policy.
This would have caused the resident distress. Further, the landlord waiting for updates on outstanding damp proofing work left the resident in the complaint process for a prolonged period of time without a final resolution. This would have caused frustration for the resident, as well as time and trouble chasing it up. Additionally, this led to a missed opportunity for the resident to access this Service. Further, it is not reasonable for the landlord to delay the complaint process until work has been completed. This is due to the fact that the landlord should seek to obtain a resolution as soon as possible within agreed timescales and actions.
In the landlord’s stage one response it apologised for the delay in providing its initial complaint response. The landlord did not acknowledge its delays in its stage two response. In terms of putting things right, the landlord did not make any service improvements to ensure that future complaints are handled in a more timely way. Therefore, this Service finds financial redress appropriate for the substantial delay and frustration caused to the resident as a result of the complaint handling failures identified.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was evidence of maladministration by the landlord in its handling of the resident’s reports of damp and mould in the property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was evidence of maladministration by the landlord in its handling of the associated complaint.

Reasons

Following the landlord having two surveys of the property at the end of 2020, the landlord has failed to complete internal and external work in a timely way. This led to a nine-month delay in the landlord completing external work. Also, internal work as of May 2023, internal work has been proposed for two years and five months.
This Service acknowledges that the resident requested for planned work to be initially moved due to illness. This Service recognises this impacted on the landlord progressing works. However, the landlord should have been proactive in completing the outstanding work and had effective communication with the resident. Overall, the evidence provided to this Service the landlord has not acted in line with its obligations.
There was a significant delay in the landlord issuing its stage one and two complaint responses. This was not reasonable and not in line with what this Service would expect. Further it is not in line with the landlord’s own complaint policy.

Orders and recommendations

Orders

The landlord shall take the following action within four weeks of the date of this report and provide the Ombudsman with evidence of compliance with these orders:
1. Pay the resident the sum of £800 made up of:
  1. The £500 for the distress and inconvenience caused to the resident by the landlord’s delay in handling the resident’s reports of damp and mould in the property.
  2. £300 for the inconvenience, time and trouble caused by the landlord’s poor complaint handling.
2. The landlord to review and contact the resident and confirm outstanding work required. Also, the landlord should agree a timescale for when it will complete outstanding work required.
3. The landlord should apologise for the failings identified in this report.
4. The landlord should assist the resident in making a claim via its own insurance provider for the items damaged by the damp and mould in the property.

Recommendations

The Ombudsman recommends that the landlord take the following action:
1. The landlord should review the Housing Ombudsman Spotlight report on damp and mould. This has been published on the Housing Ombudsman’s website. The landlord should consider incorporating some of the recommendations made in the report into its policy/framework.
2. Review its complaints policy to bring it in line with the Ombudsman’s Complaints Handling Code.