Bolton at Home Limited (202100885)

REPORT

COMPLAINT 202100885

Bolton at Home Limited

27 January 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

The complaint is about the landlord’s:
1. Response to reports of damp in the property.
2. Response to damage to the property when the roof was replaced.
3. Complaint handling.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme (the Scheme). When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
After carefully considering all the evidence, in accordance with paragraph 39(a) of the Scheme, the following aspect of the complaint is outside of the Ombudsman’s jurisdiction – the landlord’s response to damage to the property when the roof was replaced.
Paragraph 39(a) of the Scheme says that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:
1. Are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
The resident told this Service that his property had been damaged when the roof of the property was replaced. However, as this matter has not been considered as a formal complaint by the landlord, the Ombudsman cannot investigate this issue. This report will therefore focus on the landlord’s response to reports of damp in the property and its complaint handling.

Background and summary of events

Background

The resident has an assured shorthold tenancy with the landlord that started in 2017. The landlord noted that the resident had vulnerabilities including ADHD. The property is a one-bedroom first floor flat. The tenancy agreement says that the landlord will, among other things, keep in repair the structure and exterior of the property. It also says that the landlord may require access to the property. The repairs policy says that residents must allow access to the landlord’s identified employees, agents and contractors at all reasonable times or in an emergency to carry out repairs and gas servicing to the property or adjoining property.
The landlord’s repairs policy says routine repairs will be carried out within 21 calendar days; these are repairs that do not pose an immediate risk such pointing, broken guttering, roof repairs with no leak. The landlord has a planned repairs and maintenance programme of work which deals with work of a non‑urgent nature that is not a responsive repair. It usually involves the replacement of items (such as a bath), external brickwork or plastering. For this type of work, the landlord will contact the tenant before the work takes place, to let them know when it will happen. If there are no plans for the work to be done, it will keep a record of this so it can be planned for the future and let the customer know.
The repairs policy also says that internal decoration is the responsibility of the resident except when the damage is caused by a structural defect. In this case, the landlord may issue the resident with vouchers towards the cost of materials.
The landlord’s damp and condensation policy says it shall provide a simple, clear process and procedure to enable reports of damp and condensation reported by residents to be correctly assessed. Each assessment will generate an appropriate response to the resident. Additionally, there will be an option for the resident to request for a home visit appointment by a technical officer to inspect the conditions reported and to establish possible causes.
The policy says that, should obvious causes of damp be identified, the technical officer will report these repairs to the customer service team and an appointment will then be booked to complete the repairs within 21 days. In extreme circumstances where lifestyle issues are evidently the cause of condensation leading to mould growth on surfaces, the landlord will arrange to treat the affected areas. This is usually a one visit gesture, which would then have to be repeated as necessary by the resident.
The landlord operates a two-stage formal complaints procedure. At stages one and two it aims to respond within fourteen days from the date of receiving the complaint. The procedures say that if the landlord needs more time to complete the investigation at either stage, it will write to the resident and let them know, explaining why and providing a new timescale. The landlord told the Ombudsman during the first lockdown that it was advising residents who had a complaint with it that it was unable to action complaints that required a routine repair and they would be completed once the situation had returned to normal.
The landlord’s compensation policy says that there might be instances where it will consider compensating someone as a goodwill gesture where it had made a serious mistake. It said that, in some cases, it may give a small goodwill gesture.
This policy also says that, if it carries out improvement works that it knows will definitely cause damage to internal decoration; it would let the resident know this in advance of work starting and advise if they would be entitled to a decoration allowance.
On 23 March 2020 the UK government announced a national lockdown due to covid-19. This was eased from June 2020 when schools and non-essential retail outlets re-opened. The government introduced new restrictions from 22 September 2020 and a second full national lockdown was announced on 31 October 2020 that came into effect from 5 November 2020. While restrictions were lifted slightly over Christmas, there was a new national lockdown from 6 January 2021. During lockdown the landlord operated an essential repair service only inside properties.

Summary of events

The full landlord repair records were not available. Therefore, this investigation has relied upon information contained in emails and complaint records as evidence of the repair action taken.
There is evidence of activity on the repair log from November 2019 which it is reasonable to assume related to the damp and mould that the resident was experiencing. The case notes indicate that there was a target date for repair of 26 December 2019.
On 24 February 2020 the landlord’s damp contractor (the damp contractor) carried out a survey and identified that the kitchen fan was not working; a fan was needed in the bathroom; and that more radiator(s) were required. It noted that a further visit should take place.
On the following day, the resident spoke to the landlord unhappy about the time it was taking to resolve the damp issues at the property and that he wanted to log a formal complaint. It noted he wanted the work carrying out as soon as possible and that he had mental health vulnerabilities. It explained that someone would be in touch regarding the work that needed doing at the property.
On 9 March 2020 the landlord acknowledged the complaint and said it would respond by 23 March 2020. It made the following points:
1. The kitchen fan had been repaired on 29 February 2020.
2. It would install a fan in the bathroom in the future but the installation was subject to budget controls and once it had a new contract in place it would be in touch.
3. A damp survey had been arranged for 10 March 2020. Once the report had been received it would decide what treatments would be required.
4. It has also been decided that the insulation in the loft should be checked and a radiator installed in the hallway of the property.
On 18 March 2020 the damp contractor carried out a survey of the property. They noted that mould growth was evident in four areas (the landing, kitchen, bathroom and bedroom) and the probable cause was due to condensation from a lack of ventilation. It noted that the roof had recently been repaired and a treatment for severe mould was required as well as an environmental biocidal fogging to kill all air-borne mould spores.
On 7 April 2020 the landlord wrote to the resident with an update on work to remedy the damp issues in the property. It said that a new humidity-controlled bathroom fan had been added to the new programme for the current financial year and would be installed once current covid restrictions had been removed. It added that its damp contractor was unable to complete work at that time due to the restrictions in place; the loft inspection and survey for the hall/stair/landing was also on hold for the same reason. The landlord explained that it was not sending operatives into customer’s homes except in the most severe of emergencies. It added this would cause a delay to the progress of the complaint investigation and it would resume the investigation and repairs relating to his complaint once its services were back to normal.
On 12 May 2020 the landlord sent a holding reply with regard to the resident’s complaint.
On 29 June 2020 the damp contractor tried to carry out damp works at the property; the resident was not aware of the appointment and turned them away.
On 13 August 2020 the landlord noted that the mould issue was “a lifestyle issue (lack of ventilation etc)”.
On 17 August 2020 the damp contractor carried out work to remedy the mould in the property as identified during their visit of 18 March 2020. They also identified further work in the bedroom which it carried out at the same time.
On 18 August 2020 the landlord wrote to the resident at stage one of its formal complaint procedure. The main points were:
1. The delay in completing repairs to remedy damp in the property were due to the pandemic restrictions. It said its damp contractors had attended the property on 17 August 2020 to carry out the mould treatment work. It was noted the resident had stripped the walls and that most of the mould spores had been removed; however, the treatment went ahead as planned.
2. A technical officer had noted a couple of damp patches on the top of the chimney breast but, as the roof was quite new, thought this might be a result of the loft insulation getting damp when the roof was renewed. He would return in the near future to check on this and to look in the loft space.
The landlord explained how the resident could escalate the complaint. The resident requested an escalation. We have not seen a copy of that escalation request.
On 24 August, 8, 17 September, 18 November, 7 December 2020 the landlord wrote to the resident saying there would be a delay in issuing the complaint response and it would write again in ten days.
On 3 September 2020 the landlord noted, following contact from the repairs team, that the loft needed checking to see if it was insulated, if not then it would need insulation installing. It noted that there was a possibility that any insulation might be getting damp from a defect around the base of the chimney stack; a roofing inspection had been raised. The landlord also noted that it was recommended that the chimney breast in the living room should be lined with vapour board which may resolve issues in the future with condensation within the chimney flue.
During the week of 28 September 2020, the contractors identified that the chimney breast was saturated. The stack was removed on 28 October 2020.
On 3 and 11 December 2020 the landlord could not gain access to the property for plastering works. The plastering was completed on 14 January 2021.
Meanwhile, on 10 December 2020 the landlord issued a final response to the resident under its formal complaint procedure. The main points were:
1. Chimney breast and ceilings were wet: a technical officer visited the property on 2 September 2020 following mould treatment work carried out by its contractors. The technical officer observed two small damp patches near the top of the chimney breast but did not find the ceiling to be wet at the time of his visit. A different technical officer had recommended a check of the loft insulation which might have become damp when the new roof was fitted in 2019.
2. The repairs and maintenance contracts manager arranged for scaffolding to be erected during week commencing 28 September to enable its contractors to carry out external repair work. They found the brickwork to the chimney breast to be saturated as it was evidently porous; the stack was removed on 28 October.
3. Insulation in roof space was not checked: a technical officer visited the property on 25 November to carry out a post inspection following the chimney stack removal. He checked the loft insulation and found it to be dry and sufficient. He noticed some areas of water ingress on the kitchen and bathroom ceiling and the requirement for a humidistat fan to replace the current one in the bathroom.
4. It set out the following work that had been arranged:
  1. Plastering to bathroom and kitchen ceiling to commence on 11 December 2020.
  2. Contractors to fit a humidistat fan in the bathroom during January 2021.
The landlord signposted the resident to the Ombudsman.
On 12 January 2021 plastering works to the property were completed.
On 3 February 2021 a contractor surveyed the bathroom to ensure a fan could be fitted. The fan was fitted on 21 May 2021.
On 10 May 2021 the landlord issued a decorating allowance of £140 to the resident (£35 a room) as a goodwill gesture.
On 12 May 2021 the landlord could not gain access to the property to carry out a survey for the installation of the radiators.
On 21 May 2021 the landlord sent a further stage two complaint response following contact from this Service. It said:
1. Damp and mould in property – an inspection on 2 September 2020 confirmed the loft space to be dry and mould treatment to the walls to have been completed. A small area of damp was observed on the chimney breast and a visit arranged to assess this was arranged for 20 May 2021, however, it could not gain access. It asked the resident to contact the officer concerned to arrange a new appointment and gave his mobile number.
2. Radiator installation – a survey was carried out on 28 April 2021 by the repairs supervisor who confirmed that two radiators required replacement, one in the kitchen and another which was adjacent to the front door. The work will take place on 28 May 2021.
The landlord apologised for its failure to communicate with him following its stage two response dated 10 December 2020. It said that, although the lockdown was partly responsible for the delay in completing agreed repair work, it accepted it did not keep him sufficiently updated. The landlord signposted the resident to the Ombudsman.
When the resident approached the Ombudsman, he said that condensation meant that the wet walls prevented him from redecorating and having new carpets laid. Recently he said that the plasterboard had been put around the chimney breast a few weeks before Christmas. The resident said the damp issues had not been resolved completely as mould had returned in the kitchen. He said that he wanted the flat to be redecorated as condensation had damaged his earlier redecoration.

Assessment and findings

The landlord’s response to reports of damp in the property

Initially the landlord’s response to the report of damp and mould in November 2019 was reasonable by identifying issues that were contributing to the damp in a survey in February 2020. The kitchen fan was subsequently repaired within the routine repair timescale of 21 days and a fan for the bathroom added to a list of works in line. Both these actions were in line with the landlord’s its repair policy (paragraph 7).
A further survey took place in March 2020, before the pandemic lockdown. There followed a period of time when only essential repairs could be carried out in line with the government’s guidelines (paragraph 14); however, when restrictions were lifted in the summer of 2020, the damp contractor undertook work to resolve the mould in the property. Such action was reasonable.
The landlord also acted appropriately by instructing a roof survey once it became aware of damp patches near the top of the chimney breast and subsequently removing a “saturated” chimney stack.
However, by the start of September 2020 the landlord was also aware that there was condensation in the chimney flue and that it should be boarded to resolve this issue. This Service understands that this work was not completed until December 2021. There was also delay in installing the new radiators. This work was identified in February 2020, the survey took place in April 2021 and the installation in May 2021. While the evidence shows that there have been some instances where the landlord was unable to gain access to the property, the time taken to carry out work to resolve the damp – after taking into account the pandemic lockdown – was not appropriate.
The evidence suggests that the issue within the property was one of structural damp (from the chimney stack and flue), rather than being wholly as a result of lifestyle. Overall, it took from the end of 2019 until December 2021 to resolve the damp being caused by the chimney.
The bathroom fan was identified as required in February 2020. Regardless of how the landlord planned to do the works, a delay of eighteen months to install this was not reasonable given that the lack of a fan would have likely contributed to the condensation within the property. These delays in carrying out works in the property to resolve the damp and mould issues were serious service failings.
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 complainant’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: Be Fair, Put Things Right and Learn from Outcomes as well as our own guidance on remedies.
It was appropriate for the landlord to offer a redecoration allowance as it was in line with its policy (paragraph 13). However, it is evident that the delay in resolving the damp and mould in the property has caused the resident distress and inconvenience and meant he was unable to redecorate or lay carpets as soon as would have liked. In its complaint handling, the landlord focused on the work it was carrying out rather than consider the impact the damp was having on the resident. Financial compensation is appropriate in this case impact the delays in carrying out work on the property had on the resident and an order has been made, below, to pay compensation of £250.

Complaint handling

The landlord’s complaint handling was not appropriate. While the complaint was acknowledged on 9 March 2020, a stage one response was not issued until August 2020. While this Service accepts that the delay was not unreasonable during the period of lockdown, a response should have been provided by 23 March 2020 as set out in the acknowledgement letter, which was before the lockdown had started. There was subsequently a five-month delay due to the lockdown which could have been avoided had the stage one been sent out on time.
At stage two, there was a further delay and the stage two response, which was due by around 7 September, was not issued until 10 December 2021. A further delay of over three months. The landlord failed to progress the complaint in a timely manner and therefore missed an opportunity to improve the landlord/resident relationship. In total, there were complaint handling delays of eight months which is a serious service failure.
It is evident that this caused frustration and inconvenience to the resident and I have made an order for financial compensation of £100 to reflect the impact on the resident.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme there was maladministration by the landlord in respect of its:
1. Response to reports of damp in the property.
2. Complaint handling.

Reasons

There were delays by the landlord in taking steps to remedy the damp in the property; in particular, the delay in installing the radiators and boarding around the chimney breast. This caused the resident distress and inconvenience and an order was made for financial redress to reflect the impact on him.
There were extensive delays in the landlord’s complaint handling. After taking into account the effect of the lockdown, such delays were excessive. Again, this caused the resident inconvenience and frustration to the resident and an order has for compensation has been made to reflect that.

Orders

The landlord shall take the following action within four weeks of the date of this report and provide evidence of such to the Ombudsman:
1. Apologise to the resident for the service failures identified in this report.
2. Pay the resident compensation totalling £350 to reflect the impact of those service failures.

Recommendations

It is recommended that the landlord take the following action: investigate the resident’s concerns that mould has returned to the kitchen and take appropriate action to remedy this.