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Aspire Housing Limited (202017181)

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REPORT

COMPLAINT 202017181

Aspire Housing Limited

25 February 2022


Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about the landlord’s response to reports of damp and mould.

Background and summary of events

Background

  1. The resident is an assured tenant of the landlord living in a 1-bedroom ground floor flat.

Summary of events

  1. The resident moved into the property in June 2020 and first raised concerns about damp on 20 October 2020. A damp survey was arranged.
  2. The damp survey was carried out on 2 November 2020 and the surveyor report recommended a courtesy mould wash in both the kitchen and the lounge in response to condensation forming on cold unheated and unventilated surfaces. The Surveyor recommended that the windows were also checked to ensure they were weather tight, that the external downpipe had been vandalised causing rain to cascade down the wall, therefore a repair was required. It was also suggested that potentially, internal insulation could be fitted as the property had poor thermal qualities due to the concrete wall with no insulation. The surveyor advised that the lounge and kitchen walls needed replastering.
  3. As per the surveyor report, the resident was advised on how to manage the heating and ventilation in the property, to wipe down condensation after showers, washing up or cooking and to invest in mould and mildew treatment spray, with an explanation provided on how to use this to kill damp spores. The Surveyor also suggested the resident invest in dehumidifiers from local stores, roughly £1 per item and put these in the worst affected rooms, keeping furniture and belongings at least an inch from the walls and extractor, to allow sufficient circulation.
  4. The resident contacted the landlord again on 24 November 2020 to request another damp survey and to report that her kitchen fan was not working. The landlord explained that works had already been allocated to contractors following the initial damp survey.
  5. On 9 December 2020 the contractor attended the property to check all the windows (seals and locks). The contractor confirmed these were watertight and none required replacement.
  6. On 11 December 2020 the contractor attended to survey and quote for thermal boarding the gable wall.
  7. On 11 December 2020 the landlord’s contractor attended to carry out a full mould wash as per the damp survey. The notes advise that there was a particularly bad area of mould in the kitchen between the sink worktops. It was washed several times with most removed, but some mould remained, and the resident was aware of this. Additionally, as the existing window frame was metal, it was covered where possible, with plastic strips.
  8. An appointment was booked on 14 December 2020 for the kitchen extractor fan to be fixed however the contractor was unable to gain access. The landlord’s records indicate that the downpipe was repaired in December 2020.
  9. The resident contacted the landlord on 30 December 2020 to report that her electric fire was not working. The landlord arranged for this to be fixed the following day. The resident reported it was not working again on 6 January 2021 and this was repaired by the landlord on 12 January 2021.
  10. From 11 January 2021 to 15 January 2021 the contactor attended the property to thermal board the wall in the kitchen and perform a water-repellent treatment to the render coat on the external side of the kitchen wall. It also replastered the areas of the lounge and kitchen walls where required.
  11. On 8 February 2021 the resident contacted to advise that both the kitchen and bathroom extractor fans were not working. The landlord attended the property the following day to renew one of the humidistats fans and repair the other. A joint visit also took place with the landlord and specialist contractor to further survey the resident’s property. During the inspection an internal temperature reading of 13 degrees Celsius was recorded. It was also found that clothing was being dried on the radiators and were currently so at the time of the survey. It confirmed that there were no issues with the windows within the property. The resident was advised to heat her property to between 18 and 21 degrees consistently, not to dry clothes on the radiator and when condensation formed, to remove it immediately using antifungal spray.
  12. The landlord provided its first response on 9 February 2021, explaining that it could not find fault with its service and the decision was based on its specialist contractor survey. It confirmed that the problems with damp in the property were due to the residents living habit. It suggested the resident follow the advice given during the survey. The landlord confirmed that it had fitted 2 humidistat extractor fans within the property to help reduce the amount of moisture and that it was important for the resident to ensure that these remained on in order for them to perform as designed.
  13. On 16 March 2021 the contractor attended the property to further assess for damp. It noted some black mould was evident to the new skirting board in the living room, though this had not been decorated. It was explained to the resident that mould does not grow through walls but forms on the surfaces. It advised that porous surfaces such as undecorated timber, fibrous backs of furniture and leather goods were particularly vulnerable. The resident explained that she had run out of credit on her gas meter and could not afford to heat the property. The contractor noted the kitchen extractor was switched off at the fuse spur. The bathroom extractor fan was tested and was not working, so advised to contact the repairs team. The contractor conducted a walk around the block and found only the resident’s windows had excessive condensation running down the inside. The resident advised that she wished to move to another property.
  14. On 22 March 2021 the resident contacted the landlord to report that her extractor fans and electrical fire were not working. The contractor attended the following day as arranged with the resident however it was unable to gain access to the property. The landlord’s records show that a new electric fire was installed on 7 May 2021.
  15. The landlord issued its second stage response on 22 March 2021. It confirmed the resident’s concerns were that mould kept coming back through the plaster, the electric fire suite hadn’t worked properly since installed, the window was leaking, and the extractor fans in the bathroom and kitchen were not working. Following the investigation, the landlord confirmed that a specific home survey had been done through the use of necessary equipment and it was found that all the areas checked were not reporting issues of damp or building defects. The landlord confirmed that the issues of mould growth were deemed as a result of condensation. It confirmed that the presence of condensation within the home could produce mould growth and instances of water forming on the inside of the windows. The landlord found that it had responded to the resident in a timely manner with regards to her reports and sought to assist where possible.
  16. The landlord explained that the formation of condensation was not something it could take responsibility for nor offer compensation for any effects caused by the condensation. Despite this, the landlord advised that it did assist the resident by fitting plastic strips and cover sills to the base of the windows, undertaking a removal of mould growth in the property, and installing humidistat-controlled extractor fans to the kitchen and bathroom. It appreciated the resident’s frustration caused by the situation and offered further guidance on managing condensation from its delivery officer if the resident required. It noted a second mould wash was arranged a fortnight ago, however the resident had cancelled this and that she could re-arrange this.
  17. The landlord advised that it had arranged for its in-house repairs team to contact the resident to agree an appointment date and ensure that the newly fitted extractor fans were working correctly. With regards to the electric fire, the landlord confirmed that its contractor would attend on 23 March 2021 to ascertain the fault and try to remedy this. It confirmed the windows were previously assessed and the moisture recorded was as a direct result of condensation, and there was no evidence to suggest there were any entry points that could allow water to penetrate the property.

Assessment and findings

  1. In accordance with the Repairs, Maintenance & Improvements Policy and the Landlord and Tenant Act 1985 the landlord is responsible for keeping in repair the structure and exterior of a resident’s home and the building in which it is situated. It was therefore necessary for the landlord to investigate the resident’s reports of damp or mould in his property and to take appropriate action to resolve any issues it identified which fell within its repairing obligations. However, when investigating the presence of mould, the parties must also be mindful that the repairs policy confirms that the resident is responsible for some minor repairs within his property, as well as ensuring necessary lifestyle changes are made to avoid condensation and mould.
  2. The landlords Repairs, Maintenance & Improvements Policy states the resident is expected to;
    1. make the lifestyle changes necessary to resolve instances of condensation such as not drying washing indoors or leaving extractor fans switched off. Where condensation is the likely cause of any reported dampness, the landlord will advise customers of the action they need to take to deal with the problem and prevent further incidences to the interior and exterior of a property.
    2. make sure windows are opened regularly, particularly in the bathroom, kitchen, and bedrooms to avoid the formation of condensation and mould growth (the landlord does recognise that it has an obligation under the Housing Act 2004 and the Environmental Protection Act 1990 to deal with certain cases of condensation and damp, these will be addressed following completion of a surveyor inspection).
  3. The landlord’s notes indicate that there had been no reports of damp or mould from the previous tenants between 2016 and 2020.
  4. Following the resident’s reports of damp and mould within the property the landlord acted within a reasonable time frame to arrange a surveyor appointment with the resident to establish the cause of the issue. Evidence shows that the landlord followed all the advice provided by its surveyors through the course of the reports. Even after the repairs to the exterior pipe, the initial mould wash, inspection of the windows, and additional insulation to the property, the resident continued to raise reports of mould and damp issues.
  5. The resident experienced problems with her electric fire and extractor fans and the landlord’s records indicate that it was proactive in attending to fix these issues. The landlord’s repair policy states non-emergency repairs will be made by appointment with the resident with the aim to get them resolved within 8-12 calendar days. There were appointments arranged with the resident and the Service notes that there were times that the contractor was unable to gain access, or the resident cancelled these appointments. Therefore, the delay in some of the repairs are noted, however this was through no fault of the landlord.
  6. Although the contractors found no leaks from the windows, these were still improved. The Ombudsman appreciates the resident believes there are still leaks coming from the windows allowing water into the property, however the landlord has clearly explained that the water on the windows was due to condensation as no leaks were identified. The landlord was entitled to rely on the professional advice of its surveyor who concluded that the mould was being caused by condensation. There is nothing to suggest that the mould was being caused by rising or penetrating damp.
  7. Therefore, as the landlord inspected the property following the resident’s reports of damp and mould and advised the resident of how to reduce condensation, the Ombudsman concludes that it acted reasonably. 
  8. The landlord did assist the resident with regards to the mould in the property by arranging mould washes in the kitchen and the bathroom. It is noted that the resident raised concerns about the effectiveness of the mould treatment works. The landlord was entitled to rely on the professional advice of its surveyor in this regard and therefore the Ombudsman is satisfied that the proposed works were reasonable in the circumstances.
  9. Following on from the final response, the landlord arranged for a further damp survey of the property in September 2021. Whilst it also concluded that the cause of mould was condensation, the surveyor made various recommendations to reduce condensation at the property. This indicates that even following the final response, the landlord has been actively trying to assist the resident with the issues of condensation within the property.
  10. Whilst the resident’s representative has advised the resident has followed all the advice given, the surveyor report notes indicate that it found that the extractor fan in the kitchen was switched off, very few windows were open, and that the resident had her reasons for not following the advice she was given. Therefore, there is a contradiction about whether advice previously given was followed.
  11. The Service notes the resident did mention that she could not afford to heat the property, so the Ombudsman recommends that if the resident is having any affordability issues with regards to heating or electricity in the property, this should be discussed with the landlord to establish if there is any assistance or advice it can provide.
  12. In conclusion, the landlord has remained consistent in its advice to the resident about managing the condensation within the property. As the surveys established that there was no evidence of leaks or build defects within the property, the Ombudsman cannot find fault with the landlord’s action.
  13. The resident has raised concerns to the Service about the impact of the situation on her health, both mentally and physically. However, the Ombudsman is unable to establish a causal link between health issues experienced by complainants and the actions of landlords. The resident may wish to seek legal advice about this, as a personal injury claim may be a more appropriate way of dealing with this aspect of his complaint.
  14. The resident has requested to be moved to an alternative property. From the investigation, all repairs that were noted through the course of the case had been repaired and there is no evidence to suggest there are issues with the property itself. The Service is unable to establish a reason to request the resident be moved to an alternative property and therefore this would be at the discretion of the landlord provided the resident meets the criteria for a move. The resident can seek advice regarding her options.

Determination (decision)

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme there was no maladministration in the landlords handling of the resident’s reports of mould and damp.

 

Reasons

  1. The landlord has responded appropriately to the reports by inspecting the property, diagnosing the cause of the mould, making repairs, and arranging for mould treatment works to be carried out. Ultimately the issue was noted as condensation and the landlord has been reasonable in giving advice to the resident on how to manage this.