Clarion Housing Association Limited (202014623)

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REPORT

COMPLAINT 202014623

Clarion Housing Association Limited

7 December 2021

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 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:
1. The landlord’s handling of the resident’s reports of damp and mould in his property.
2. The landlord’s associated complaint handling.

Background and summary of events

Policies and procedures

As per the landlord’s “coronavirus: guidance and services” document, repairs that do not represent an immediate health and safety risk to residents have a target completion timescale of 28 days.
The landlord’s compensation policy confirms that it will consider paying discretionary compensation to recognise a particular adverse effect and impact on a complainant, with reference to this Service’s remedies guidance. It confirms that:
1. Awards of £50 to £250 may be paid where instances of service failure have resulted in some impact on the complainant; for example, repeated failures to reply to letters or return phone calls.
2. Awards of £250 to £700 may be paid where there has been considerable service failure but there has been no permanent impact on the complainant; for example, a failure over a considerable period of time to act in accordance with policy and to address repairs.
3. Discretionary compensation payments will be used to offset rent or other arrears.
The landlord’s complaints policy confirms that it will respond to stage one complaints within 10 working days, and final stage complaints within 20 working days. If it needs longer, it will inform the resident.

Background

The resident is a tenant of the landlord. A signed copy of the tenancy agreement between the resident and the landlord has not been provided to this Service.
The landlord’s repair records confirm that various inspections and repairs were carried out between August 2019 and February 2020, in connection with the resident’s reports about damp and mould. During March 2020, a further repair order was raised in connection with the damp and mould reports but subsequently cancelled by the landlord due to the national lockdown. No evidence has been provided to show that the resident reported the damp and mould issue again until January 2021.
The resident initially raised a formal complaint with the landlord about the damp and mould issue in August 2019. The landlord responded to this complaint in November 2019. During January 2021, the resident asked the landlord to escalate his complaint. The landlord did not agree to this due to the time that had elapsed since it issued its stage one complaint response, and instead logged a new complaint from the resident.
This Service expects residents to raise complaints with their landlords within a reasonable time, which is usually within six months of the matter complained about occurring, and to then escalate their complaint in a timely manner if they remain dissatisfied with the landlord’s response. Because of this, it was reasonable for the landlord to open a new complaint following the resident’s escalation request in January 2021, and this investigation will focus on the landlord’s handling of the resident’s complaint in 2021.
In relation to the damp and mould reports, this investigation will focus on the landlord’s handling of the reports between January 2021, when the resident reported the damp and mould issue again, and 27 May 2021, when the landlord issued its final complaint response. This is because this Service is only permitted to look at matters that have first been considered by a landlord though its complaints procedure.

Summary of events

On 18 January 2021, the landlord’s records confirm it received a report of severe damp in the resident’s property, where a gutter had fallen “away”.
On 27 January 2021, the resident submitted his stage one complaint to the landlord, which is summarised as follows:
1. He felt that his property was “deteriorating”, and the internal and external walls had been damaged from damp and mould and were “falling apart”. He had raised several repair requests since August 2019 but they had not been completed.
2. He felt that the damp and mould in the property was impacting on his health, he also reminded the landlord that he suffered from nerve damage and vision impairment.
3. He raised concerns over the guttering and brickwork pointing, with this having been identified during the landlord’s visit in 2019. He said there was also a large amount of moss growing around the property and when it rained, water would pool around the property.
4. He felt that it was fair for the landlord to offer compensation as a result of the complaint. This is because he had purchased a dehumidifier and air purifier due to the damp and mould in his property, which increased his energy bills. He had also spent money on the “repair and patch work of the walls including painting and decorating.”
5. He asked for confirmation of the purpose of the landlord’s planned visit on 18 February 2021, as it had already attended “several times”.
On 18 February 2021, the landlord’s records confirm that it inspected the resident’s property and identified that the gutters were blocked. Scaffolding was ordered to allow for the work to be carried out.
On the same day, the resident contacted the landlord chasing a response to his complaint. The landlord subsequently informed the resident that it had attempted to call him to discuss his complaint. The resident was dissatisfied with this as he had previously told the landlord that he wanted to communicate by email.
On 3 March 2021, the landlord issued its stage one complaint response to the resident, which is summarised as follows:
1. It upheld his complaint because of the delay in completing the repairs required to the guttering and brickwork, to stop the damp and mould.
2. In respect to his concerns over the guttering and brickwork, it would be erecting scaffolding on 16 March 2021 to allow it to carry out repairs to address the leaks that were causing the damp and mould in his property.
3. It offered the resident a total of £100 compensation: £50 for the delay to the repair, and £50 for its delayed complaint response. It declined his request for compensation for the cost of the dehumidifier and air purifier because it would have provided a dehumidifier at the time if it had established that this was required.
4. It explained how the resident could submit a claim against its public liability insurance, if he felt that it was liable for the any costs he had incurred because of the delayed repair of his guttering or brickwork.
On 16 March 2021, the landlord attended the resident’s property to clear the gutters. No further work was recommended following an inspection of the brickwork as there was no evidence of water penetration. The records state that the contractor advised the resident to let the property dry out, then call back to arrange a new appointment regarding the internal repair work. The resident has disputed that he was told this by the contractor.
On 16 March 2021, the resident requested the escalation of his complaint, which is summarised as follows:
1. He requested information on the repairs the landlord would be carrying out inside of the property. Although he understood that it would not compensate him for decorating, he felt there was “serious” damage which it needed to repair. This included internal walls being damaged, and moss growing on the walls and paving outside. Photographic evidence of this was provided.
2. He explained that the contractor had advised him to purchase a dehumidifier to reduce the damp, and to use an air purifier to “moderate toxic fumes” from work it was carrying out in his property.
3. In respect to the landlord having recognised its complaint response had been delayed, he listed five emails from January to March 2021 where it had either not responded, or had taken over one month to respond. He did not feel that £50 compensation was sufficient to recognise these delays. Furthermore, he did not feel that it recognised that he had to live with increasing damp and mould issues since moving into the property.
4. In order to resolve the complaint, he wanted the outstanding repairs to be completed to stop the damp and mould, a “clean-up and repair” of the existing damp and mould including “damages to the property inside and out.”
The resident subsequently referred the matter to this Service, who wrote to the landlord on 22 April 2021, to request it issue him with its final stage complaint response.
On 30 April 2021, the landlord’s records confirm that following an investigation into the resident’s complaint, it had no evidence that he had been advised to purchase a dehumidifier or air purifier.
On 19 May 2021, the landlord inspected the resident’s property. Following this visit, it requested work to carry out a mould wash and stain-block to the affected areas following the gutter leak.
On 27 May 2021, the landlord raised an order to repair the leaking gutter, which required scaffolding.
On 27 May 2021, the landlord issued its final stage complaint response to the resident, which is summarised as follows:
1. It acknowledged that there was a delay in the completion of the necessary repairs due to the requirement of scaffolding, and that “in hindsight” it should have scheduled a follow up inspection following its visit on 16 March 2021 to clear the gutters.
2. It would be attending that day to repair the leaking guttering, and attending on 4 June 2021 to carry out a mould wash and stain-block. It had not scheduled any work to the brickwork as it did not find any water penetration during its inspection.
3. It had found that it had not issued a timely stage one complaint response to the resident. Furthermore, it had also not honoured the resident’s request for communication to be in large font and by email as it was aware that he was partially sighted. As a result of his complaint, it had formed a working group to improve how it can better allow for reasonable adjustments for its residents.
4. It offered the resident an additional £750 compensation, which is made up of the following:
  1. £400 for not having regard to his preferred method of contact or contact requirements.
  2. £300 for the delayed repairs, and the time and trouble the resident had gone to in chasing responses and seeking correction of mistakes.
  3. £50 for not following its complaints procedure in escalating his complaint.
5. It could not reimburse the resident for the costs associated with the dehumidifier or air purifier as it had found no evidence that it had advised him they were needed.
6. It reiterated its policy that compensation payment would be used to offset rent or other arrears in the first instance.
On 4 June 2021 the landlord arranged for a mould wash and stain block to take place in the resident’s property. The resident says that no one attended to carry out these works and he waited in all day for the contractor arrive.
On 8 June 2021 the resident told the landlord that the water penetration would continue if the landlord did not arrange for the damaged pointing to the brickwork near the gutter to also be repaired. The landlord’s surveyor attended on 9 June 2021; the landlord has not provided the surveyor’s findings but the resident says that the surveyor confirmed that there were holes in the brickwork and issues with drainage.
On 8 July 2021, the landlord’s records confirm it completed work to clear the gutters and downpipe of debris.
During August 2021, the resident chased the landlord in relation to the internal repairs to his property, and the landlord arranged for a contractor to attend on 16 September 2021. However, during October 2021, the resident told the landlord that contractors had attended on several occasions to complete the internal repairs but they had been unable to complete the works as the walls were still damp. He says that the damp and mould has spread rapidly in his home and his clothing and belongings have been damaged by mould.
The resident has also provided this Service with a copy of a quote he obtained from a third-party contractor. This states that moisture meter readings indicate dampness to the entrance hall, living room, bedroom and bathroom. Further, that the original damp proof course is defective and is allowing moisture to travel up the walls.

Assessment and findings

Although the resident has reported that his health and wellbeing has been affected by the damp and mould in his property, it is not within the authority or expertise of this Service to determine whether the landlord is liable for this or to award damages in the way that a court or insurer might. Therefore, this aspect of his complaint is outside of the scope of this investigation and the resident would need to seek legal advice should he wish to pursue this matter further.

The landlord’s handling of the resident’s reports of damp and mould

Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. This includes carrying out repairs to stop rising or penetrating damp. The landlord also has a responsibility under the Housing Health and Safety Rating System (HHSRS), introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
The resident reported concerns about damp and mould on 18 January 2021, but the landlord did not inspect his property until a month later on 18 February 2021, when it identified that the gutters were blocked and scaffolding was required. This work was subsequently carried out on 16 March 2021, exceeding the landlord’s 28-day target to carry out repairs. The landlord did not take any further action to address the internal remedial repairs required to the resident’s property until it carried out an inspection on 19 May 2021, despite the resident raising clear concerns following the gutter clearance that the internal repairs needed addressing.
In its final complaint response of 27 May 2021, the landlord recognised that there were delays in completing repairs to remedy the damp. It offered the resident a total of £350 compensation for the service failures in its handling of the repairs and communication with the resident. This offer was proportionate to the distress and inconvenience caused to the resident up until the time the landlord issued its final complaint response. It was also in line with the landlord’s compensation policy and this Service’s remedies guidance which confirms that awards of £250 to £700 may be paid where there has been considerable service failure.
In its final complaint response, the landlord also outlined a reasonable plan for remedying the damp based on the advice it had received; by carrying out further guttering works and making good the damaged internal areas. It is noted that the resident has concerns about the landlord’s diagnosis of the cause of the damp, however the landlord is entitled to rely on the advice of the professionals it engages in the matter, such as its contractors and surveyors. Therefore, at the time of issuing its final complaint response, the landlord had taken reasonable steps to address the outstanding repairs and to put things right by offering compensation to the resident.
The landlord also took reasonable steps to address the resident’s concerns about incurring costs buying a dehumidifier and air purifier as it checked its records and could find no evidence that it had advised the resident to buy this equipment. In the absence of any such evidence, the landlord would not be expected to reimburse the resident for these costs.
However, it is of concern that the internal repairs appear to remain outstanding and that the resident has reported ongoing water penetration into the property. It is also of concern that the resident has reported that mould is spreading throughout his property and that this is damaging his belongings. Therefore, various recommendations have been made below, in order to assist with resolving any outstanding repairs and in putting right the resident’s ongoing concerns.

The landlord’s associated complaint handling

The landlord issued its stage one complaint response 26 working days after receiving the resident’s complaint. This significantly exceeded the 10 working day target and therefore a failing has been identified in this regard. This was acknowledged in the landlord’s stage one complaint response, with £50 compensation being offered. This was a proportionate offer and in line with this Service’s remedies guidance which suggests awards of £50 to £250 may be paid where instances of service failure have resulted in some impact on the complainant.
The landlord issued its final complaint response 51 working days after it received the resident’s escalation request. This significantly exceeded the 20 working day target and therefore there was a further failing in the landlord’s complaint handling. In the intervening period the resident went to the time and trouble of seeking assistance from this Service with progressing his complaint. This failing was acknowledged in the landlord’s final stage complaint response, with £50 compensation being offered. This was a proportionate offer and in line with this Service’s remedies guidance.
The resident has expressed concern over compensation payments being used by the landlord to offset against any rent or other arrears. In line with the landlord’s policy as detailed in paragraph 3, the landlord is permitted it use compensation awards to clear any rent or other arrears first, and no failing has been identified for this aspect of the complaint.

Determination (decision)

In accordance with paragraph 55(b) of the Housing Ombudsman Scheme, the landlord has offered redress to the resident which, in the Ombudsman’s opinion, satisfactorily resolves the complaints about:
1. Its handling of the resident’s reports of damp and mould in his property.
2. Its associated complaint handling.

Reasons

There were delays in the landlord remedying the damp and in responding to the resident’s formal complaint, causing distress and inconvenience to the resident. However, it made reasonable attempts to put things right in its final complaint response by setting out how it would address the repair issues, and offering compensation in line with its compensation policy and this Service’s remedies guidance.

Recommendations

It is recommended that the landlord does the following within the next six weeks:
1. Pays the resident the compensation offered during the complaints process, if this has not already been paid.
2. Arranges for a surveyor to inspect the property internally and externally, in order to establish if there is ongoing rising or penetrating damp. Following the inspection the landlord should provide the resident with a schedule of work addressing any issues identified, including the internal remedial works to remedy any damage, with timescales attached.
3. Reviews its handling of the resident’s damp and mould reports since the end of May 2021, and assesses whether there have been any further service failures and whether further compensation is due to the resident. The landlord should confirm its findings in writing to the resident and confirm how he can escalate his complaint should he be dissatisfied with the response.
4. Addresses the resident’s claim in relation to damaged belongings from mould. This should include an inspection of the items and confirmation provided to the resident of how his claim will be dealt with e.g. via a direct offer of compensation if any damage has resulted from a failure to repair the building, or via the landlord’s liability insurance if liability for the damage is unclear.
5. Reviews its staff’s training needs in relation to their application of its policies and procedures with regard to repairs and complaints, to seek to prevent a recurrence of its service failures in the resident’s case. This should include consideration of this Service’s complaint handling code and online dispute resolution training for landlords, if this has not been done recently, details of which are available on our website.