Estuary Housing Association Limited (202221371)

REPORT

COMPLAINT 202221371

Estuary Housing Association Limited

30 November 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

1. The complaint is about the landlord’s handling of the resident’s reports of damp and mould. The Ombudsman has also considered the landlord’s complaint handling.

Background

2. The resident occupied a one-bedroom flat under an assured shorthold tenancy agreement. This service understands that the resident moved out of the property on or around 31 July 2023.
3. In or around October 2021, the resident reported problems with damp and mould in the property to the landlord. In response, the landlord carried out an inspection of the property on 26 November 2021. The inspection report identified:
   1. severe condensation which was affecting the resident’s health and possessions
   2. significant mould growth on the ceilings and walls of the property
   3. that most windows in the property appeared to be blown
   4. the appearance of penetrating damp in the property
   5. high humidity throughout the property.
4. The report recommended that the landlord carry out the following repairs and investigations:
   1. strip wallpaper from the property
   2. carry out mould treatment
   3. re-seal and reglaze the windows
   4. investigate the walkway above the property for signs of water ingress.
5. The landlord provided evidence illustrating the provision of dehumidifiers, to assist the resident in her circumstances in December 2021. It was further accepted that a mould wash and stain block was conducted in January 2022. Although there has been no evidence issued to the Ombudsman which confirmed that the re-seal or re-glaze of the windows was completed, the landlord has provided evidence to illustrate that the raising of the job on 14 February 2022 and the job date booked on 3 March 2022, with no further suggestion that it was not completed on the date of the booking.
6. The resident raised a concern regarding mould within the storage cupboard in June 2022.
7. The landlord has asserted that three further repair appointments took place during August and October 2022 in which no concerns of damp and mould were raised. Furthermore a visit on 21 September 2022 for a damp inspection which the landlord stated did not find any concerns of damp and mould.
8. The resident raised a complaint on 3 October 2022, which included a complaint that the landlord had not carried out the remedial works identified in the 26 November 2021 report. In its stage 1 complaint response on 5 October 2022, the landlord stated that it was not aware of any outstanding repair works relating to the resident’s home.
9. The resident explained in an email dated 1 November 2022 that she was dissatisfied with the landlord’s response, which included:
   1. the recommended repairs had not been carried out
   2. the damp and mould had caused extensive damage to her possessions in the previous year
   3. she had not been compensated for the damage caused to her possessions during the previous year
   4. she was unable to use her bedroom during the previous year and therefore had to sleep in her living room
   5. that the damp and mould problem had not been resolved
   6. that the damp and mould were having a significant impact on her health.
10. The landlord carried out another inspection of the property on 30 November 2022. That inspection report also identified the presence of damp and mould, and high levels of humidity throughout the property. The report recommended the landlord carry out the following repairs and investigations:
    1. remove the boarding from the bedroom wall
    2. mould treatment
    3. replace the extractor fans
    4. investigate the external brickwork
    5. carry out a heat loss test.
11. On 1 December 2022, the landlord decanted the resident to a hotel for five days. During this time, the landlord adjusted the resident’s heating to run continuously to determine whether it would reduce the humidity in the property to acceptable levels.
12. The landlord carried out another inspection of the property on 6 December 2022. That inspection report identified that the humidity in the property had been reduced to normal levels. It also recommended that the landlord carry out the following repairs:
    1. remove boarding from the bedroom wall
    2. mould treatment
    3. check, clear and replace trickle vents as necessary
    4. re-sealing the windows to reduce heat loss.
13. In its stage 2 complaint response on 9 December 2022, the landlord confirmed that any reduction in the level of heating to the property would cause the humidity to rise and the damp and mould to return. It confirmed that it would install new extractor fans and remove boarding from the bedroom wall. It also offered £100 in compensation to assist the resident in replacing items damaged by the damp and mould.
14. The landlord confirmed that high level areas of mould were treated on 7 February 2023 including a mould wash to the living room ceiling and an investigation into the walkway above for signs of ingress.
15. The landlord provided evidence to confirm the extractor fans within the property were renewed and installed on 27 March 2023.

Assessment and findings

The landlord’s handling of reports of damp and mould in the property

The repairs

16. The Ombudsman’s Spotlight report on Damp and Mould published in October 2021 made several recommendations to landlords on how damp and mould should be addressed to prevent the ongoing risks. This included that landlords ensure that their responses to reports of damp and mould are timely and reflect the urgency of the issue.
17. The landlord’s repairs policy stated that it would carry out routine repairs within 20 working days of being raised.
18. The landlord’s inspection of the property on 26 November 2021 identified various repairs and investigations. The landlord confirmed that various works were undertaken such as the provision of dehumidifiers, to assist the resident in her circumstances. It was further accepted that a mould wash and stain block was conducted in January 2022. Although there has been no evidence issued to the Ombudsman which confirmed that the re-seal or re-glaze of the windows was completed, the landlord has provided evidence to illustrate that the raising of the job on 14 February 2022 and the job date booked on 3 March 2022, with no further suggestion that it was not completed on the date of the booking.
19. The landlord accepted that two items mentioned within the inspection report dated 26 November 2021 were not acknowledged within the landlord’s complaint response and had taken place subsequently. The wallpaper to be stripped and high-level areas treated, such as the mould wash to the living room ceiling had been conducted on 7 February 2023 and the investigation into the walkway for signs of ingress had not taken place.
20. In its stage 1 complaint response, the landlord stated that it was not aware of any outstanding repairs to the resident’s home. This was not appropriate. The Ombudsman expects landlords to be able to maintain adequate records of repairs and carry out those repairs within a reasonable time, without the involvement of this service.
21. The inspections of the property which were carried out in November and December 2022 identified further repairs and investigations for the landlord to carry out. In its stage 2 complaint response, the landlord told the resident it would remove the boarding from the bedroom wall which was retaining moisture and install new extractor fans. It did not explain why it had decided not to undertake the entirety of the repairs and investigations it had already identified. This was not appropriate.
22. The landlord had already carried out three inspections of the property which had identified a range of repairs and investigations that ought to have been carried out, in addition to removing the boarding from the bedroom wall and installing new extractor fans. The Ombudsman expects landlords to be able to carry out repairs and further investigations that have already been identified without the involvement of this service.
23. In correspondence with this service, the resident stated that the landlord installed new extractor fans. The landlord provided evidence to this service to verify this was completed on 27 March 2023.
24. The evidence shows that a further mould wash was carried out on 7 February 2023.
25. The Ombudsman considers the landlord’s approach to the substantive repairs was unreasonable. This is because the landlord had already carried out three inspections of the property which had identified a range of repairs and investigations that ought to have been carried out. These were in addition to removing the boarding from the bedroom wall and installing new extractor fans.

Heating the property

26. Following an inspection of the property in November 2022, the landlord decanted the resident to a hotel for 5 days while it continuously heated the property. It also paid the resident £50 to assist her with the additional heating costs for this period. The Ombudsman considers this was fair and proportionate in the circumstances.
27. In its stage 2 complaint response, the landlord advised the resident that if she did not continuously heat the property, the humidity would rise, and the damp and mould would become worse. The resident informed the landlord on several occasions that she would be unable to achieve this as she was on a low income and could not afford the added cost of continuous heating.
28. In its inspection reports, the landlord identified that the windows at the property were damaged, and that it ought to repair the windows and undertake a heat loss test at the property. As noted above, there is no evidence to show that the landlord undertook these repairs or investigations.
29. This was not appropriate. The Ombudsman’s Spotlight Report on Damp and Mould recommends that landlords should avoid taking actions that solely place the onus on the resident. They should evaluate what mitigations they can put in place to support residents in cases where structural interventions are not appropriate and satisfy themselves they are taking all reasonable steps.
30. Furthermore, under the Decent Home Standard, landlords are obliged to ensure that homes provide a reasonable level of thermal comfort. If the landlord had undertaken the repairs to the windows and conducted a heat loss test, it could have minimised the heat loss in the property. This would have assisted the resident by reducing the cold and thus the humidity.

Damage to the resident’s possessions

31. The landlord’s compensation policy does not contain any details relating to damage to residents’ possessions, nor does it quantify or give examples of any compensation it will offer in any circumstances.
32. The evidence shows that on several occasions, the resident complained to the landlord that the ongoing damp and mould had caused extensive damage to her possessions, including carpets, curtains, sofa, other furniture, clothes and shoes.
33. In its stage 2 complaint response, the landlord offered the resident £100 compensation to assist her with the cost of replacing damaged possessions. Separately from its complaints process, the landlord also paid the resident £461 to contribute to the cost of her replacing the sofa and curtains.
34. There is insufficient evidence to support that the landlord undertook investigation of the damage to the resident’s possessions or made any assessment of the extent of its liability for the damaged possessions. Therefore, it is not possible for the Ombudsman to conclude that the landlord’s offer of redress was reasonable in the circumstances.
35. The landlord requested photos of the damaged items so this could be reviewed and included in the application of funding on 30 November 2021. Email correspondence from 1 December 2021 illustrated an application would be made for a new set of curtains and new chest of drawers, but there would be no application about clothes, due to the resident’s income and expenditure form allowing for £100 per month for new clothes.
36. Considering the circumstances of the case surround damp and mould, it is reasonable that from the period the damp and mould persisted, the resident would continue to face issues with damage to possessions. Furthermore, said damage was raised during the resident’s email correspondence dated 1 November 2022 almost one year later.
37. The landlord’s response in its stage two response dated 9 December 2022 simply stated, “You did not receive any compensation a year ago. I apologise for this and in view of the recurrence I am offering £100 to enable you to replace items damaged.”
38. Therefore, at this stage, there was no evidence to support that the landlord undertook sufficient investigation to the damage of the resident’s possessions or made any assessment of the extent of its liability for the damaged possessions.
39. Furthermore, it was not reasonable for the landlord to assert that as the resident allowed £100 per month for new clothes, that this would negate its responsibility for damaged possessions, primarily clothing and shoes.
40. Furthermore, the landlord offered the resident no compensation for the unreasonable delay in carrying out repairs or the distress and inconvenience caused to the resident. This was not appropriate. The Ombudsman’s Spotlight Report on Damp and Mould recommends that landlords should ensure that their complaints policy is effective and in line with the Complaint Handling Code, with clear compensation and redress guidance. Remedies should be commensurate to the distress and inconvenience caused to a resident, whilst recognising that each case is individual and should be considered on its own merits.
41. Considering all the circumstances and the totality of the failings that have been identified in this report, it is the Ombudsman’s opinion that there has been severe maladministration by the landlord in its handling of the reports of damp and mould.
42. The resident has reported that living with the damp and mould throughout the property for an extended period harmed her health and well-being. It is therefore reasonable to conclude that the failure to carry out repairs and investigations had an impact on the resident’s enjoyment of her home, for which she paid rent. On this basis, the landlord must refund 50% of the rent for the period that the repairs remained outstanding, namely from 26 November 2021 (the date at which the repairs were first identified) to 31 July 2023 (the date at which the resident moved out of the property), which was 612 days.
43. The Ombudsman also orders the landlord to pay the resident compensation for:
    1. the failure to investigate the damage caused to the resident’s possessions
    2. the failure to assess its liability for the damage caused to the resident’s possessions
    3. the distress and inconvenience caused to the resident.
44. The Ombudsman also orders that the landlord carry out all the repairs to the property that it has identified in its inspection reports, undertake a heat loss test at the property, and take appropriate remedial action if required.

Determination

45. In accordance with paragraph 52 of the Scheme, there was severe maladministration by the landlord in respect of its handling of the resident’s reports of damp and mould and the associated complaint.

Orders

46. The Ombudsman orders the landlord to, within 28 days of the date of this determination:
    1. Pay the resident compensation, for the loss of enjoyment of their home, based on a 50% rent refund from 26 November 2021 until 31 July 2023.
    2. The landlord must provide the resident and the Ombudsman with its calculation of the rent refund (including the rent level for the period).
    3. Pay the resident £1,000 compensation consisting of:
       1. £250 for the failure of the landlord to adequately investigate the damage caused to the resident’s possessions
       2. £250 for the failure of the landlord to assess the extent of its liability for the damage caused to the resident’s possessions
       3. £500 for the distress and inconvenience caused to the resident.
       4. These amounts are in addition to what the landlord has already offered.
    4. Provide the Ombudsman with evidence of these payments.
47. Within 56 days of the date of this determination, the landlord must:
    1. complete all the repairs it identified in its inspection reports
    2. undertake a heat loss test at the property to determine what it may do to improve heat efficiency. The landlord must take any remedial action that may be required as a result of the heat loss test.