Clarion Housing Association Limited (202017590)

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REPORT

COMPLAINT 202017590

Clarion Housing Association Limited

8 October 2021


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The resident complained about the landlord’s response to their reports about:

a.     Mould growth and damp.

b.     An infestation of pests in the property.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant following the Ombudsman intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The resident submitted a complaint to the landlord concerning its handling of repairs to address mould, damp and a pest infestation in the property. Within the complaint, they noted their dissatisfaction with the standard of communication from the landlord concerning the works.
  2. The landlord issued its final response to the complaint on 26 July 2021. It said that a damp inspection had been carried out by a specialist contractor and following this, it installed a bathroom fan and carried out a mould wash to the areas affected. It said that additional repairs for the installation of a kitchen fan and thermal boarding was identified, and the thermal boarding works were completed on 13 July 2021. The landlord agreed to visit the property to review the effectiveness of the works to the damp and mould, during the colder weather, as the resident requested. In respect of the pest infestation, it confirmed that a survey and treatment was carried out by the pest control contractor, on 27 May 2021. The contractor reported back that the damp needed to be rectified to eliminate the risk of pests again, and repairs to entry points were required. The landlord apologised for its lack of communication with the resident regarding the complaint issues. In recognition of the issues and service failures it identified, it offered the resident £1330 compensation. In response to the resident’s request for compensation for their personal belongings, which they reported were damaged by the damp and mould, it said that the resident would be expected to make a claim through their own contents insurance. Though, it provided its own insurance details in case the resident wanted to claim against it.
  3. The resident referred the complaint to this Service. We discussed the complaint with the resident on 17 August 2021 and they informed that to resolve the complaint, they wanted the landlord to:

a.     Increase the compensation offered, to £4000 in recognition of the distress experienced, the damage sustained to their possessions and the handling of the complaint.

b.     Confirm the date of the inspection that had been planned to take place in August, to review the effectiveness of the repair to the damp and mould.

c.      Inspect the property during the winter months to ensure the effectiveness damp and mould works carried out.

d.     Ensure contractors attend to scheduled appointments. 

e.     Communicate and provide an action plan for the completion of the outstanding repairs associated with the complaint, including the following:

  1. Pest proofing – Filling any entry points.
  2. Thermal boarding.
  3. Stain block treatment to the living room walls.
  4. Application of sealant around the windows.
  5. Replacement of windows and installation of a fan in the kitchen.
  1. We wrote to the landlord with the details of the resident’s outstanding complaint and the outcomes sought. It confirmed on 31 August 2021, that it would provide the outcomes requested by the resident and explained that repairs were being completed on 1 September and 10 September 2021 respectively. It advised it was awaiting a date for the damp proofing works but, had arranged a point of contact for the resident until all the issues were resolved.
  2. On 9 September 2021, we spoke with the resident and confirmed the landlord’s agreement to provide the outcomes requested. During the conversation, the resident discussed the outstanding repairs related to the complaint and noted that they had raised additional repairs to the landlord, not related to the complaint issues. During the conversation, the resident noted they were seeking compensation in excess of £4900. As this differed from the amount mentioned during the initial discussion about the complaint on 17 August 2021, we advised the resident that we would review the case and would follow up.
  3. The resident sent the Service a follow up email on 11 September 2021, confirming that the following repairs were arranged to be completed by the landlord, by 30 September 2021:

a.     The installation of two windows in the bedroom and living room.

b.     Sealant application around windows.

c.      Paint to the living room walls to match existing paint.

d.     Painting of the skirting boards in the living room.

The resident said that they were also awaiting an appointment date for the pest control contractor to attend and inspect to ensure the entry points for the pests had been filled. The resident also pointed out that they believed that works were required to a panel in the storage cupboard, as this was a potential entry point for the pests. They said that the landlord agreed to do the following additional repairs:

  1. Repair the damage to the kitchen wall following the installation of the fan.
  2. Take out the water tank frame from the cupboard, as behind this was a potential entry point for pests.
  3. Install a humidistat fan in the bathroom to address condensation.
  1. In respect of the compensation requested, the resident clarified that when discussing the complaint on 17 August 2021, they stated they were seeking £4000, as an approximate figure. However, confirmed they were in fact seeking £4972.54 in compensation, and had requested this in their stage two complaint to the landlord. 
  2. We spoke with the resident on 21 September 2021 and reiterated that the landlord agreed, on 31 August 2021, to provide the outcomes requested during our discussion on 17 August 2021. The resident informed that after the landlord responded to this Service on 31 August 2021, the parties had been in contact and the landlord agreed to compensate the £4972.54 requested. As well as this, they said that the landlord informed that it would issue a letter once all the repairs had been completed, confirming what repairs had been completed. The resident also confirmed that they had been regular contact with their appointed correspondent and some of the repairs were scheduled to be carried out on 23 September 2021. As we had been informed that the landlord agreed additional resolutions to those it informed us of on 31 August 2021, we contacted it to confirm what it agreed with the resident to resolve the complaint.
  3. Following the repair appointment on 23 September 2021, we spoke with the resident about the status of the repairs. They confirmed the outstanding works required and said an appointment had been scheduled for these to be completed on 8 October 2021. The resident mentioned that since our previous conversation, the landlord agreed to offer additional compensation for the cleaning of the carpet, as operatives attending the property were not wearing shoe coverings.
  4. On 27 September 2021, the landlord responded to the Service with confirmation of the resolution it agreed to provide to resolve the complaint. It informed that it had completed the following repairs:

a.     Installation of the two windows;

b.     Application of the sealant around the windows;

c.      Painting of the living room walls to match the existing paint;

d.     Painting of the skirting boards.

  1. Regarding the additional works the resident mentioned in their email of 11 September 2021, the landlord said that it repaired the damaged to the kitchen wall. It said that it could not remove the water tank frame in the cupboard as this was complex works however, said it would box in pipes. It said that the bathroom fan had been ordered and would be installed on 8 October 2021.It confirmed that it agreed to compensate the resident the £4972.54 requested and would issue a letter to the resident once the repairs had been completed.
  2. On 5 October 2021, we contacted the landlord again and asked it to confirm whether it agreed to offer the resident further compensation for their carpet clean. It confirmed that an additional £100 had been offered for this, making the total amount of compensation £5072.54. We contacted the resident the same day to confirm the landlord’s agreement to complete the repairs and pay the compensation. We explained the landlord’s position regarding the removal of the water tank frame and the resident confirmed she had been informed of the works the landlord would be doing instead and accepted this. The resident also confirmed that a wedge had been fitted to stop the pests entering as well and that the pest contractor was due to visit on 8 October 2021, to inspect and ensure all entry points have been filled. 
  3. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:

a.     “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”

  1. I am therefore satisfied, following the intervention of this Service, that by completing the actions agreed, the landlord has taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendations

  1. The landlord has confirmed that it will be completing the following works on 8 October 2021:

a.     Install the bathroom fan.

b.     Boxing in pipes in the cupboard.

In addition to this, the resident was informed that the pest control contractor will also be attending the same date, to inspect and ensure the pest entry points have been filled.

In the event that any of the above noted works cannot be completed on the 8 October 2021, the landlord is to inform the resident of this and confirm the alternative date the repair/s will be completed.

  1. Once the repairs have been completed, the landlord is to write to the resident and send a copy to this Service, with confirmation of the works completed.
  2. When responding to the complaint, the landlord agreed to attend the property during the colder months, to check the effectiveness of the mould and damp works carried out. The landlord is to confirm to the resident within three weeks of the date of this report, what month the resident can expect this to take place.
  3. The landlord is to pay the £5072.54 compensation to the resident within three weeks of the date of this report. If the landlord has already paid the £1330 it offered in the complaint’s procedure, it is to pay the difference.