Cobalt Housing Limited (202100866)

REPORT

COMPLAINT 202100866

Cobalt Housing Limited

19 April 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:
1. The landlord’s handling of damp, mould and associated works.
2. The landlord’s handling of the complaint.

Scope of investigation

The landlord has provided historical information in relation to damp and mould from as early as 2018 and this includes their complaint response at the time. This is useful information, but it has not been taken into consideration during the complaint investigation as there is no evidence of reports of damp from 2018 until the recent complaint in 2021.
These are outside of the scope of this investigation in accordance with paragraph 42(b) of the Housing Ombudsman Scheme (the Scheme) which states that we may not consider complaints which, in the Ombudsman’s opinion, were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the landlord’s complaints procedure.
The landlord has also provided information in relation to specific repairs to alleviate the damp and mould issue that were raised after the final complaint response and include delays in roof works. This has been summarised below to give context but has not been assessed as the landlord has not had the opportunity to deal with these matters through a complaint.
In accordance with paragraph 42(a) of the Scheme, this is outside of the scope of this investigation because they refer to repairs that have not exhausted the landlord’s complaints procedure.

Background and summary of events

Background

The resident lives in a three-bedroom property and her tenancy began in August 2013, on an assured shorthold tenancy agreement that was converted to an assured non shorthold tenancy in August 2014.
The landlord’s records show a mobility disability relating to the resident and the resident has referenced to the landlord that her eldest son has Asperger’s syndrome.
Landlord repair obligations are set out within the Tenant and Landlord Act 1985 and outlined within the Tenancy Agreement paragraph 6c which states:
1. The landlord will keep in repair:
  1. The structure and exterior of the premises including external door and window frames.
  2. Ceilings, floors, internal plasterwork (not hairline cracks), and internal doors and frames.
  3. The services within the building, including heating and hot water supply, and electrical services excluding fuses and plugs.
2. It also states that it will decorate the exterior of the premises and any communal parts.
The Housing Act 2004 ensures landlords are responsible for assessing hazards and risks within its rented homes. When assessing any such hazards and risks, the assessment should be considered in line with the Housing Health and Safety Rating System (HHSRS) and damp and mould growth are potential hazards that may require remedy.
The landlord’s responsive repairs policy (January 2019) gives its commitment to deliver an excellent repairs service, ensuring its residents are safe and properties are in a good state of repair. It outlines its repair priorities as follows:
1. Emergency – Include repairs affecting the safety or security of the property. Examples include gas leaks, uncontrollable water leaks, loss of heat in winter months and serious electrical faults. It commits to attend within four hours and aims to complete the job within 24 hours.
2. Urgent – These are repairs that are not classed as an emergency, but which could result in the loss of a basic facility, or where further damage will be caused if the problem is not dealt with urgently. Examples are minor roof leaks and partial loss of heating. It commits to complete all urgent repairs within three working days.
3. Routine – Repairs that can wait without causing major inconvenience to the resident and might include repairs such as leaking gutters or damaged kitchen units. It aims to complete these within 10 working days.
The landlord’s complaints process and policy is outlined on its website including its self-assessment against the Ombudsman’s Complaint Handling Code. It confirms that it has a two-stage complaint process and aims to respond to stage one complaints within 10 working days and stage two complaints within 20 working days. It also has a complaints and discretionary compensation policy (October 2022) and gives various examples of its discretionary compensation with levels according to the severity of the failure.

Summary of Events

The landlord has provided a copy of the resident’s complaint letter (no date). This is in relation to the damp and mould in the bathroom and it references that the resident has spent lots of money trying to resolve the issue herself. It confirms that a surveyor has attended in the past with works completed but then the problem recurred.
On 29 April 2021, the landlord sent the resident a stage one complaint acknowledgement letter in relation to mould in the bathroom. It stated that it would carry out an investigation within 10 working days.
On 20 May 2021, the landlord issued a complaint holding letter, advising the resident that it was still investigating the complaint. It confirmed that the surveyor had attended on 14 May 2021, and he was exploring some options. It went on to say that some mould was partly due to condensation, however, the surveyor was going to consider insulating the bathroom and carry out an inspection of the cavity walls. It confirmed that it would extend the complaint for two weeks until it knew the findings of the investigations.
On 8 June 2021, as a follow on from the surveyor’s inspection, an internal email confirmed works to ‘cut out bricks to a one square metre area to access the cavity, make good insulation, remove spoil, clean and replace bricks and repoint.’
On the same day, another landlord internal email confirmed the mould issues in the bathroom and a job was raised to install insulated plasterboard to the ceiling. It also confirmed work to look at the cavity to see what insulation was in place and if it was full of rubble and to decide what repairs or improvements were required.
On 14 June 2021, the landlord issued its stage one complaint response letter to confirm that a damp proof course was not required. It said that the surveyor did believe some of the mould was due to condensation and ventilation was required but it had issued preventative work to be completed within the next four weeks that included:
1. Insulated plasterboard to the bathroom ceiling that would help reduce the condensation.
2. Investigations to the cavity wall in the utility room and the issue of required works.
It closed the complaint and advised the resident how she could progress to stage two of the complaints procedure and that she would need to explain what she believed the landlord should do. The landlord also explained that condensation could be a difficult matter to totally remove and referred to it being classed as a lifestyle issue.
On 22 July 2021, the landlord’s records show an internal email referencing a long running complaint that had never successfully been resolved. Photos of the damaged render were attached and have been provided to this Service.
On 23 July 2021, the landlord’s records show that the work had been booked in for the cavity and on the next day, it opened up the cavity. However, there are no records showing the outcome.
On 12 August 2021, after the resident contacted the Ombudsman, this Service issued its final request to the landlord for action advising that it should send its complaint response to the resident within five working days and provide this Service with a copy of it by 19 August 2021.
On 16 August 2021, the landlord sent its stage two acknowledgement letter to the resident. It confirmed that it had reissued the works with its newly appointed contractor, and it agreed to ring the resident twice per week to keep her updated. It gave advice about controlling the condensation and confirmed that it aimed to respond to the complaint within 20 working days.
On 6 September 2021, the landlord’s records show that it attended to assess the mould and ventilation issue in the bathroom. It confirmed that the enviro vent fan was fully operational and referenced a few minor black spots on the ceiling. It also commented that the resident was expecting the ceiling to be mould washed and painted completely which it confirmed was not required.
On 7 September 2021, the landlord’s records show that appointments were made for the following works:
1. Open up the cavity – appointment 17 September 2021.
2. Insulate the bathroom ceiling – appointment 16 September 2021.
On 8 September 2021, the landlord sent the resident a stage two complaint holding letter. It apologised for the delay and confirmed that the work would commence 16-17 September 2021.
On 21 September 2021, the landlord’s records show the following:
1. Repair booked for 30 September 2021 to open up the cavity to look for bridging/debris.
On 23 September 2021, the landlord’s records show that the insulation job should have been completed the previous week, but the operative turned up at 5pm and the resident turned him away and he had not been back. It also confirmed:
1. The gutters were booked in for 24 September 2021 and it confirmed the resident had been advised of this the same day.
2. The extractor fan had been booked for 30 September 2021.
3. Render repairs had been booked in for 4 October 2021.
4. It asked for a wash of the bathroom walls to be organised.
5. It commented that a small amount of plasterwork was required in the small room.
On 1 October 2021, the landlord’s records show a photo of the hole in the wall from where the cavity had been opened up. It confirmed that the previous tenant had had an extension built privately in trench block above the damp proof course, leaving no cavity.
On 7 October 2021, the landlord’s records show an internal email clarifying that the wall was not constructed in trench block but a lightweight thermal block which had very different properties.
On 18 October 2021, the landlord’s records show an email confirming that the complaint had been open for a long period and it had been at stage two since 16 August 2021. It asked if a way forward could be agreed.
On 22 October 2021, the landlord’s records show an internal email about the insulation work to the bathroom. It confirmed that the plasterers had given the resident some wrong information about the works required and they had been told to carry out works as per the specification. The job was stopped, and it asked for it to be set up again as a matter of urgency with the correct materials and skilled labour. It also confirmed that a site inspection would be carried out to ensure that it was done correctly.
On 27 October 2021, the landlord’s records show that it had spoken with the resident, and she had not heard anything about the bathroom ceiling or the extension issues. It confirmed that the resident had reported high levels of condensation appearing in the extension. An internal email was sent to the surveyor asking for the decision to be progressed and the resident be updated the same day.
Further chaser contacts were made by the surveyor to the contractor on 4-5 November 2021.
On 8 November 2021, the landlord’s records show that it contacted the resident and access for work was arranged for the following day.
On 10 November 2021, the landlord’s records show an internal email querying whether the job to insulate the bathroom ceiling had been completed.
On 16 November 2021, the landlord issued its stage two complaint response as follows:
1. It apologised for the time taken to issue the response letter and confirmed that the resident wanted the complaint to stay open until the repairs were concluded but that this Service had advised it to close the complaint.
2. It confirmed that the resident had reported damp rooms for a number of years and that it had explained this was connected to condensation as explained in the stage one complaint response.
3. It explained that the surveyor had requested additional works to assist maintenance of a regular temperature and reduce condensation.
4. The surveyor arranged the following work:
  1. Additional insulated plasterboard in the bathroom to help with condensation.
  2. Fitting an upgraded extractor fan in the bathroom and kitchen – it confirmed that these had been fitted.
  3. Investigate the small extension to establish the wall structure (installed prior to the landlord acquiring the property).
5. The surveyor confirmed that there had been some disagreement about the ceiling plasterboard as the contractor intended to fit a quality that did not comply with the specification, and this was stopped which caused delay.
6. The wall cavity was exposed and there was a conversation about the build type and if this was contributing to the ‘cold’ wall. Further investigations on the flat roof were intended.
7. The landlord commented that the resident kept her home neat and tidy, and signs of damp and mould were limited but did appreciate her frustrations.
8. It suggested keeping air flow constant by having windows open on the trickle vent.
9. It confirmed the following works orders:
  1. Loft insulation
  2. Wash down walls
  3. Repair to gutters and outside grid.
  4. New extractor fans.
  5. Alternative plasterboard.
  6. Check for wall cavity in extension.
  7. Inspection of the flat roof.
10. It recognised the delays which it explained were partly due to the covid-19 pandemic and a change in repair contracts. It apologised and offered the following compensation:
  1. £20 for being slow in issuing its stage two complaint response.
  2. £100 in recognition that the contractor had come back multiple times to discuss the works.
  3. £80 for the inconvenience and poor communications.
11. It also offered to replace the shower rail, curtain and bath panel as a gesture of goodwill.

Summary of Events after landlord’s complaints process

In December 2021, the landlord’s records show contact from the resident. It confirmed that she had not heard from the landlord and the flat roof was leaking causing a flood. The landlord arranged to attend to the roof the following day. It is unclear what work was carried out at this stage but later in January 2022, after further contact by the resident, an inspection took place and it was found that 12 metres of square felt, and boards needed to be replaced to the roof. This work was completed in January 2023.
The landlord has provided a comprehensive statement from the surveyor dated 27 September 2022 which confirms his assessment of the bathroom, extension and other works completed to eliminate the damp and mould including the plasterboard to the bathroom which was completed December 2021.
On 28 September 2022, the landlord issued a complaint follow on letter. It summarised the previous complaint and outlined its findings from the previous complaint response.
The landlord confirmed to this Service that it would carry out a visit to the resident’s home on 6 October 2022, to agree outstanding works to reduce any further confusion. The outcome of this visit has not been provided.
This Service gave the resident and landlord the opportunity to provide any relevant information. The landlord provided its most recent letter to the resident and advised that it offered a payment of £100 which has been accepted, confirming work has been completed and the resident was satisfied. The letter is dated 13 February 2023, it confirms that an inspection took place on 2 February 2023 to agree remaining works to the small utility extension and confirmed a new flat roof had been completed and the plasterwork and decoration could now be considered. The following were agreed:
1. To complete plasterboard and skimming on the walls in the room.
2. Box in the radiator pipework.
3. To replace the skirting board.
4. Replace current extractor fan with enviro vent style extractor fan.
5. Alter pipework and sockets as required.
6. Make good the windowsill.
7. As a gesture of goodwill, it agreed to supply and install a double wall unit and decorate the extension. It also offered to remove the existing toilet and sink which the resident declined.
8. It confirmed the previous compensation of £200 plus the fitting of the shower rail, curtain and bath panel. It agreed an offer of an additional £100 for the delays in completing the roof works and the fitting of the double wall unit and repaint of the utility room.
The resident has confirmed acceptance of the additional £100 but it is unclear if the full works to the utility have been completed.

Assessment and findings

Damp, mould and associated works

The Ombudsman’s Dispute Resolution Principles are to:
1. Be fair;
2. Put things right; and
3. Learn from outcomes.
The recent complaint submitted in April 2021 started with concerns about damp and mould in the bathroom. The landlord subsequently acted appropriately, and in accordance with HHSRS, in arranging a surveyor to carry out an inspection of the property in May 2021. The surveyor was proactive in not only concentrating on the bathroom but other areas that included the small extension utility room on the ground floor. It confirmed proposed preventative works to install insulated plasterboard to the bathroom ceiling and complete investigations to the cavity with the work to be done within four weeks.
Delays were caused in carrying out work to insulate the bathroom as there was an issue with the plasterer not complying with the specification of work which resulted in the work being cancelled and another order having to be raised. However, these works were not completed until December 2021, six months later. This shows that the landlord did not carry out the necessary works within the 10-working day timescale stated in its repair policy or within a reasonable timeframe. This is evidence of a failure in the service provided by the landlord, particularly given the resident’s disability and her attempts to chase the repair.
The other work identified by the landlord in mid-2021 was to inspect the cavity walls, presumably in case this was contributing to condensation dampness. However, there is no evidence that these investigations, and any resulting remedial action, were completed over subsequent months and this was apparently still unresolved by the time of the landlord’s final complaint response in November 2021.
It is unclear how many times the cavity wall was opened up as there are various dates shown. In mitigation, it is understandable that, given that the landlord acquired the property prior to the resident moving in, it needed time to explore investigations on what was a non-traditional build extension. The landlord was also proactive in its exploratory works and reasonable in its steps to eliminate and monitor the effectiveness of works which it rightly classed as improvements.
The landlord recognised the delays in fitting the insulated plaster board to the bathroom in its stage one complaint response and provided an explanation of why this happened. It offered compensation of £180 in recognition of repeat contractor visits and inconvenience and poor communications.
Further, in November 2021, as part of the stage two complaint, additional works were confirmed to be necessary, including the upgrade of fans and checking the flat roof on the extension. By reviewing the works needed, the landlord demonstrated that it was being thorough in its approach in attempting to eliminate the damp and mould issue.
The landlord also provided additional redress by way of carrying out extra improvement work in the utility room to supply and fit a double wall unit and decorate the utility room as well as other works to remove the existing toilet and sink. This was a resolution-focused approach and offered additional redress for its earlier unreasonable delay.
Nevertheless, the landlord’s compensation award of £180 was within the range that the Ombudsman would recommend for a short-term failure with no significant impact. Given the landlord delayed in completing works over at least six months which it knew would reduce the likelihood of the resident experiencing damp and mould living conditions, this level of compensation was insufficient. The Ombudsman’s view is that compensation should instead have been awarded that recognised the landlord’s failure over a considerable period of time to act in accordance with policy and the multiple attempts made by the resident to chase progress.

The landlord’s handling of the complaint

It is unclear when the resident first raised a stage one complaint, but this was acknowledged by the landlord on 29 April 2021. It realised that it could not respond within its 10-working day timescale and sent a holding letter on 20 May 2021. This was because the landlord was exploring some options to resolve the damp issue. It agreed to extend the complaint for two weeks, but failed to respond fully until six weeks later which was outside of its complaint policy timescale.
On 16 August 2021, after intervention by this Service, the landlord issued its stage two acknowledgement letter, aiming to respond within 20 working days and committing to keep the resident updated twice per week. Records have not been provided to confirm that this happened nor was the complaint responded within the stipulated timeframe. It did however send a holding letter on 8 September 2021, apologising for the delay and confirming that work was scheduled in. This was a service failure as the landlord again did not respond within an appropriate timescale or keep the resident informed as it promised to.
The landlord kept the complaint open, hoping that it could complete all the works before full closure, but this went on for three months and it was not until November 2021 that it sent its stage two complaint response. This was not in accordance with the Ombudsman’s Complaint Handling Code. Section 5.5 outlines that a complaint response must be sent to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed. Outstanding actions must still be tracked and actioned expeditiously with regular updates provided to the resident. The landlord failed to act in accordance with its complaints policy and the Ombudsman’s Complaint Handling Code and this is maladministration.
The landlord recognised the delays and offered redress of £20 for its complaint handling. This level of compensation was insufficient given the landlord delayed in offering responses at both stages of its complaints process and the delays were over several months which will have caused inevitable frustration to the resident.

Determination (decision)

In accordance with section 52 of the Scheme, there was service failure in the landlord’s handling of damp and mould.
In accordance with section 52 of the Scheme, there was maladministration in the landlord’s handling of the complaint.

Reasons

Damp mould and associated works

The landlord failed to carry out preventative works to the plasterboard in the bathroom within its repair timescales. Although it offered some compensation and completed additional works after the end of the complaints process, the landlord did not offer sufficient redress given the circumstances of the case.

Handling of the complaint

The landlord failed to comply with its complaint timescales, delayed unreasonably in closing the complaint and its compensation award was insufficient given the circumstances of the case.

Orders and recommendations

Orders

The landlord to write to the resident within four weeks of the date of this report to apologise for the service failures identified in this report.
The landlord to pay the resident additional compensation of £320 (on top of the £180 it offered through its complaints process) within four weeks of the date of this report in recognition of the distress and inconvenience caused to her by its failings in the handling of damp and mould.
The landlord to pay the resident additional compensation of £200 (on top of the £20 it offered through its complaints process) within four weeks of the date of this report in recognition of the inconvenience caused to her by its complaint handling delays.
Within eight weeks of this report, the landlord should review its handling of this complaint and provide this Service with an action plan on how it intends to improve its complaint handling in accordance with the Ombudsman’s Complaint Handling Code.
The landlord should reply to this Service with evidence of compliance with the above orders within the timescales set out.

Recommendations

It is recommended that the landlord confirm with the resident how it intends to complete work to the utility room, if it has not already done so.
The landlord should reply to this Service within four weeks of the date of this report to confirm its intentions in regard to the above recommendations.