The new improved webform is online now! Residents and representatives can access the form online today.

London Borough of Ealing (202128445)

Back to Top

 

REPORT

COMPLAINT 202128445

London Borough of Ealing

10 January 2024

 

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:
    1. Damp and mould at the resident’s property.
    2. The associated complaint.

Background

  1. The resident is a secure tenant of the landlord. The resident’s son is representing her in this complaint.
  2. On 16 December 2021, the resident submitted a complaint to the landlord. She stated that her property was severely affected by mould. She explained that she was told that works to resolve the damp and mould would be completed in August 2021. However, no action was taken.
  3. The landlord provided its stage one complaint response to the resident on 15 March 2022. It explained that the resident reported damp and mould affecting the property on 9 December 2020 and a surveyor inspected the resident’s property on 14 December 2020. The landlord explained that there was a delay in carrying out the required works, and it had rearranged for the works to be completed on 21 March 2022. It apologised for the delay and offered the resident £50 compensation to recognise the delay.
  4. On 28 March 2022, the resident requested her complaint to be escalated to stage 2 of the landlord’s complaint process. She stated that it took the landlord over three months to respond to her and that the repair work was still outstanding. The Ombudsman contacted the landlord on 5 October 2022 asking for it to issue a stage 2 complaint response to the resident.
  5. On 8 September 2022, the resident submitted a disrepair claim in relation to the damp and mould at the property to the landlord via a solicitor. The landlord has confirmed that the disrepair claim is still in negotiation and no settlement has been agreed yet.
  6. On 12 October 2022, the landlord issued its stage 2 complaint response to the resident. It explained that it would be rearranging for its surveyor to inspect the resident’s property on 14 October 2022 to draw up a schedule of works. The landlord stated it would discuss the timeline of works with the resident. It offered the resident £50 compensation for the delay in responding to her complaint.
  7. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was for the works to be completed immediately to resolve the damp and mould at the property. She also stated that she would like compensation for the distress and inconvenience and for items which were damaged by the damp and mould.
  8. The landlord informed the Ombudsman 16 November 2023 that the works to resolve the damp and mould at the property were still outstanding.

Assessment and findings

Damp and mould at the resident’s property.

Scope of Investigation

  1. The resident has mentioned as part of the complaint that the mould at the property has impacted her asthma. The service does not doubt the resident’s comments about her health. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s health. It would be more appropriately suited for a court or liability insurer to investigate as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant risk to health. This service can consider the general risk as well as any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her health.
  2. The resident has also stated as part of her complaint that she had to dispose of clothing and belongings because they were damaged due to the damp and mould at the property. Normally damage to a resident’s belongings would be considered as part of an insurance claim under the landlord’s liability insurance (if it has one). Landlords are entitled to use liability insurance as a means of managing such claims. A landlord’s insurer is usually a separate organisation from the landlord and the Ombudsman cannot look at the actions of insurers, only at the actions of the landlord. However, it would have been appropriate for the landlord to advise the resident that she could make a claim to its liability insurer for her damaged belongings.  As noted above, this service cannot comment on the outcome of a claim on the landlord’s liability insurance if a claim is made to it. It is recommended that the landlord provides the resident with details of how to contact its liability insurer (if it has one) so she can make a claim for her damaged belongings if she wishes to do so.

Assessment

  1. The landlord’s repairs procedure explains that it is responsible for all repairs to the structure and exterior of the building. The policy also explains that it will respond to emergency repairs within the same working day, urgent and routine repairs within 15 working days and planned repairs within 60 working days.
  2. The landlord’s damp and mould assessment process document explains that as soon as a resident reports damp and mould, it will arrange for its surveyor to inspect the resident’s property and then the recommended works are raised and issued to its specialist contractor.
  3. The resident first complained about the damp and mould at her property in December 2021. However, the landlord confirmed in its final response that the damp and mould was first reported in December 2020. The landlord’s surveyor initially inspected the resident’s property on 14 December 2020. Therefore, it carried out the inspection within a reasonable timeframe and in line with the damp and mould assessment process document and the timescales referenced in its repairs policy.
  4. Although the landlord carried out a survey of the resident’s property within a reasonable timescale, it failed to carry out any repair works to resolve the damp and mould at the property. The Ombudsman acknowledges that some of the delay may have been due to COVID-19 restrictions. However, there is no evidence to suggest that the landlord kept the resident updated about the delay in carrying out the repair works.
  5. The landlord did not take any further action in relation to the damp and mould until after the resident submitted a complaint to the landlord in December 2021. Shortly after the resident submitted her complaint, the landlord arranged for a surveyor to inspect the resident’s property. The surveyor’s report confirmed that there was damp and mould in two of the bedrooms, the bathroom, living room and kitchen. The surveyor recommended that the blocked gutters and downpipes were cleared, and the damp and mould was washed down and treated. The landlord explained that it would be arranging for the works to resolve the damp and mould to be completed the week commencing 21 March 2022. However, the landlord failed to carry out the works on the agreed date and did not provide the resident with a reason for the delay. The delay was unreasonable and would have caused significant distress and inconvenience to the resident, particularly because damp and mould was present in most rooms within the property.
  6. There was no further action in relation to the damp and mould until October 2022, which is when the landlord issued its stage 2 complaint response. The landlord explained that it would be carrying out an additional surveyor inspection at the resident’s property, so the surveyor could draw up a schedule of works. It was not appropriate for the landlord to arrange another surveyor inspection as it had already completed two previous inspections, and this would have resulted in further delays in carrying out the repair works.
  7. After the landlord issued its stage 2 complaint response to the resident there continued to be further delays in the landlord carrying out work to resolve the damp and mould at the resident’s property. The landlord also failed to communicate with the resident and update her about the delays. The landlord contacted the resident in June 2023 and explained that it would be carrying out repair works to resolve the damp and mould on 12 June 2023. The repair works which the landlord stated it would carry out included replastering the lounge and both bedrooms, adding an insulation board and redecorating the walls. Also, a deep clean of the kitchen and bathroom to remove the damp and mould. The landlord failed to carry out any of the works on the agreed date. In addition, the landlord also carried out an asbestos survey at the resident’s property in September 2023 and the results identified that there was a high amount of asbestos in the entire property.
  8. The landlord confirmed with the Ombudsman on 16 November 2023 that the works to resolve the damp and mould at the resident’s property were still outstanding. The delay in the landlord carrying out the works is unacceptable. The resident and her family have been left to live in a property with damp and mould present in the majority of the property for nearly 3 years. In addition, the landlord has failed to provide an adequate reason for the delay. The landlord acknowledged in its stage one and stage 2 complaint response that there was a delay in it carrying out the repair works and offered the resident £50 compensation in its stage one response for the delay in completing the repairs.
  9. Given the damp and mould repairs have been outstanding for nearly 3 years, £50 compensation is not proportionate to recognise the considerable delay and distress the resident would have experienced. Therefore, there has been severe maladministration in the landlord’s handling of damp and mould at the property.
  10. It would be appropriate for the landlord to pay the resident an additional £1000 compensation to recognise the significant delay the resident has experienced due to the landlord’s failure to resolve the damp and mould at the resident’s property within a reasonable time period.
  11. The Ombudsman’s approach to compensation is set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £1000 or more where there have been serious failings by the landlord which had a significant long-term impact on the resident. In addition, the Ombudsman requires the landlord to carry out the necessary work to resolve the damp and mould at the resident’s property which was referenced in its email from June 2023. It is recognised that the landlord may need to arrange for some of the asbestos to be removed before it completes the works to resolve the damp and mould. The landlord should discuss this with the resident and draw up a schedule of works, including timescales so she is aware of when the repairs will be carried out.

The associated complaint

  1. The landlord has not provided the Ombudsman with a copy of its complaints policy. However, the landlord’s website sets out timescales on its website for stage one and 2 complaint responses. The websites states that the landlord will aim to respond to a stage one and stage 2 complaint response within 20 working days. The Ombudsman’s Complaint Handling Code (The Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage one response should be provided within 10 working days of the complaint. It also states that a stage 2 response should be provided within 20 working days.
  2. The resident first submitted his complaint to the landlord on 16 December 2021. Following this, the landlord provided its stage one response on 15 March 2022. This response was sent approximately 3 months after the resident submitted her complaint to the landlord. The response time was late and not compliant with the Code.
  3. On 28 March 2022, the resident requested her complaint to be escalated to the next stage. It took around 7 months for the landlord to provide its stage 2 response, despite the Ombudsman chasing the landlord on one occasion. The response was significantly late, and the delay would have caused considerable inconvenience for the resident, as the resident was delayed in progressing the complaint to the Ombudsman because she needed to wait for the landlord’s final response before contacting our service.
  1. The landlord acknowledged in its stage 2 complaint response that there was a delay in issuing its final response. It offered the resident £50 compensation to recognise the delay. The Ombudsman believes the amount offered does not proportionately reflect the considerable delay experienced by the resident.
  2. Given the significant delay in the landlord providing its stage 2 response and the slight delay in issuing its stage one response. It would be appropriate for the landlord to pay the resident £250 compensation for the distress and inconvenience caused. The amount of the compensation is appropriate to recognise the delay the resident experienced. It is also compliant with the Ombudsman’s remedies guidance. The remedies guidance suggests awards of £100 to £600 where there has been a failure which adversely affected the resident but there was no permanent impact. In this case there may be no permanent impact to the resident, as she eventually received a final response letter from the landlord and was able to submit her complaint to the Ombudsman, but she did experience significant inconvenience in the meantime.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of damp and mould at the resident’s property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s complaint handling.

Orders

  1. The landlord is ordered to:
    1. Carry out the required works to resolve the damp and mould at the resident’s property which was referenced in the landlord’s email dated June 2023.
    2. Provide a written apology to the resident for the errors in its handling of the damp and mould at the resident’s property. The apology should come from a senior member of staff at director level within the landlord’s organisation.
    3. Pay the resident £1000 compensation for its handling of the damp and mould at the resident’s property.
    4. Pay the resident £250 compensation for its complaint handling errors.
  2. The landlord should provide evidence of compliance with the above orders within 5 weeks of the date of this report.
  3. The landlord is ordered to carry out a review into the resident’s case and identify any areas for improvement and there should be a focus on its communication with its contractors regarding repairs. The review should be completed by a senior member of staff at director level. The landlord should draft a report on its findings and provide a copy of the report to this service and the resident. The landlord should provide evidence of compliance with this order within 8 weeks of the date of this report.

Recommendations

  1. It is recommended that the landlord pay the resident its original offer made in its stage one and 2 responses of £100 compensation if it has not already done so. This is in addition to the £1250 compensation ordered above.