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North Star Housing Group (202225344)

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REPORT

COMPLAINT 202225344

North Star Housing Group

29 February 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 landlord’s handling of a reported leak and damp and mould at the resident’s property.

Background

  1. The resident was an assured tenant of the landlord. The landlord’s records confirm that the resident and her son who also lived at the property, had a disability.
  2. On 20 December 2021, the resident reported issues with condensation within the property.
  3. On 18 November 2022, the resident reported a leak from the roof entering her property. It was indicated that the leak led to damp and mould within the resident’s property.
  4. On 24 November 2022, the resident’s son submitted a complaint to the landlord on behalf of the resident. He stated there were holes in the roof which were not being fixed and explained that there was a callout on 18 November 2022 due to rain leaking into the property. The resident’s son stated that they had to call numerous times and stated that the electrics went off, and he stated that he was still waiting for the roof to be fixed.
  5. The landlord provided its stage 1 complaint to the resident on 30 November 2022. It explained as previously discussed in a telephone call with the resident, it’s roofer would visit the resident’s property on 2 December 2022 to inspect and undertake works to the roof. The landlord apologised for the delay in the works being carried out and for the inconvenience or stress that it may have caused the resident.
  6. On 2 December 2022, the resident’s son requested the complaint to be escalated to the next stage of the landlord’s complaint process. He explained that the roofer visited the property and stated that it was not the roof causing the leak. The resident’s son stated that the leak requires investigating and resolving because his mum is very vulnerable.
  7. The landlord provided its stage 2 complaint response to the resident on 15 December 2022. It explained that its roofing contractor and property surveyor inspected the roof and found that the roof tiles and felt were in good condition and stated there was no obvious cause of water ingress. The landlord also stated that its property surveyor inspected the inside of the resident’s property, and it identified significant condensation on the windows in the rear bedroom. It also explained that mould was identified in the front bedroom and front hall ceiling. The landlord also responded to the resident’s concern that damp was previously reported but not addressed. It explained that there was a previous report about issues with condensation and the landlord raised a job for the loft insulation to be upgraded, which was completed shortly after. The landlord confirmed that it had raised works to resolve the areas impacted by mould and condensation. It stated that it would relay the loft insulation, wash mould from both bedroom ceilings and front hall ceiling and reconnect the bedroom light. The landlord also stated that its benefits team was unable to offer any additional benefits to support the resident’s energy bills. However, it offered the resident a £60 gift card to purchase groceries over the winter period.
  8. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was for all the repairs to be completed and to receive compensation for the distress and inconvenience caused.
  9. In June 2023, after the resident had submitted her complaint to the Ombudsman, the landlord reviewed the complaint and offered the resident £250 compensation and also a new mattress which cost the landlord around £140. The offer was to recognise the delays in completing the outstanding repairs.

Assessment and findings

  1. The landlord’s repairs and maintenance policy states that the landlord is responsible for the roof structure and coverings, guttering and rainwater goods. The policy also explains that the landlord is responsible for foundations and damp proofing.
  2. In addition, the landlord’s repairs and maintenance policy includes response timescales for the following repair categories:
    1. Emergency repairs – landlord will attend within 24 hours.
    2. Urgent repairs – landlord will attend within 3 working days.
    3. Routine repairs- landlord will attend within 20 working days.
  3. The landlord’s damp mould and condensation policy states that when it receives a report of mould at a resident’s property, its property surveyor will assess whether there have been any previous reports of damp and mould. The policy explains that if there are no previous reports of damp and mould it will arrange for its contractor to attend the resident’s property and wipe down, treat and redecorate the affected areas utilising stain block. However, if stain blocking was previously completed, the landlord will arrange for its property surveyor to inspect the resident’s property and normally an inspection would be carried out within 10 working days of it being raised. The policy states any repairs identified following the surveyor inspection will be raised within 24 hours and completed in line with the landlord’s repairs policy.
  4. The resident first raised issues relating to damp and mould and condensation in her property on 20 December 2021. The landlord addressed the residents’ initial report of damp and mould in its stage 2 complaint response, as the resident had raised that the issue was not previously addressed.
  5. From reviewing the landlord’s repair records, it appears that the landlord inspected the reported condensation at the property on 20 December 2021, which was the same day it was reported. Following the inspection, the landlord raised works to wash the mould from the ceiling and upgrade the loft insulation. The works were completed on 10 January 2022. The landlord responded to the resident’s initial report of damp and mould promptly and in line with the timescales referenced in its repair policy. In addition, there were no further reports of damp and mould from the resident until the resident reported the leak in November 2022. Therefore, the landlord acted appropriately in response to the resident’s initial report of damp and mould.
  6. On 18 November 2022, the resident contacted the landlord and reported a leak from the roof entering the inside of her property. The reported leak affected the electrics inside the property, so it was classed as an emergency repair. The landlord’s electrician visited the property on 18 November 2022 and disconnected a light in one of the bedrooms. Therefore, the landlord took reasonable steps to temporarily make the repair safe. The landlord’s contractor also visited the property on 21 November 2022 to inspect the roof and identify where the leak was coming from. The contractor identified that there was an issue with the laying of the loft insulation which resulted in condensation entering the light and adjusted the insulation to resolve the issue. The Ombudsman believes that the landlord acted appropriately in this instance and responded to the reported leak promptly and in line with the timescales referenced in its repairs policy.
  7. The resident’s son stated that there was still an issue with the roof, and it required fixing. The landlord took reasonable steps to resolve the resident’s concerns by confirming in its stage 1 complaint response that it had booked an appointment for 2 December 2022 for its roofer to inspect the roof for a second time and complete any necessary works. After the visit, the landlord’s contractor confirmed that there were no issues identified with the roof and confirmed that it had been replaced within the last 10 years. The landlord acted appropriately to address the resident’s concerns about the roof, by inspecting the roof on two separate occasions. As there were no issues with the roof identified, the Ombudsman would not have expected the landlord to take any further action in relation to the roof. However, it would have been reasonable for the landlord to arrange for the inside of the resident’s property to be inspected.
  8. In December 2022, the landlord’s property surveyor inspected the inside of the property. From the inspection there were no signs of a leak, but there was significant condensation in the rear bedroom. There was also mould identified in both the bedrooms and front hall ceiling. The surveyor was also informed by the resident that she had not used her heating for over a year due to concerns over energy bills.
  9. In response to concerns identified about the resident not using the heating, the landlord arranged for its benefits team to contact the resident to see if she was eligible for any further benefits which could support her with paying her energy bills. Unfortunately, the resident was not eligible for any further benefits. However, the landlord’s benefit team did offer the resident a £60 gift card to purchase groceries over the winter period. The landlord also offered to upgrade the property’s heating system to an air source heat pump. However, the resident had concerns about the level of disruption the upgrade would cause. In this instance, the landlord was right to arrange for a surveyor to inspect the inside of the resident’s property. In addition, it took reasonable steps to address the concerns regarding the resident not using her heating, and the landlord demonstrated good practice by signposting the resident to its benefits team and offering her a £60 gift card.
  10. Following the surveyor’s inspection of the property, further works were to resolve the mould and condensation issues. The works included relaying the loft insulation, washing mould from both bedroom ceilings and from the front hall ceiling and reconnecting the bedroom light. The landlord explained in its stage 2 complaint response that all the works referenced above would be completed by 11 January 2023. The landlord’s contractor washed mould from the ceilings in one of the bedrooms and from the front hall ceiling on 10 January 2023, which was within the agreed timescale. However, the landlord’s contractor was unable to wash mould from the ceiling in the second bedroom due to a large amount of furniture requiring moving to access the mould affected areas. In addition, the contractor was also unable to relay the loft insulation as the contractor was still waiting for the required ladder. The Ombudsman acknowledges that these delays would have been outside of the landlord’s control. However, it would have been appropriate to book a follow-up appointment as soon as possible to complete the outstanding works, which also included reconnecting one of the bedroom lights which the landlord also failed to complete within the agreed timescale.
  11. Whilst some of the works still remained outstanding to resolve the mould and condensation at the property, the landlord arranged for a ventilation specialist to inspect the property to identify if it could benefit from any additional ventilation systems. The ventilation specialist attended the property on 7 February 2023. The specialist recommended that a loft mounted positive input ventilation system and a kitchen extractor fan should be installed.
  12. On 30 March 2023, the landlord’s contractor washed the mould from the ceiling in the second bedroom. However, the relaying of the loft insulation and reconnection of the bedroom light was still outstanding at this point. In addition, the ventilation system and extractor fan were still yet to be installed. The landlord failed to take any further action in relation to the works until June 2023. On 27 June 2023, the landlord’s executive director of assets and growth visited the resident’s property on 27 June 2023 to review the outstanding works. Following this visit, the landlord offered the resident £250 compensation for its delay in completing the repairs and also offered to purchase a new mattress as the previous one had been damaged by mould. The landlord also provided the resident with appointment dates during July and August 2023 to complete the outstanding works.
  13. The landlord completed works to renew the loft insulation, reconnect, and replace the bedroom light and stain block the bedroom ceiling in July 2023. In addition, the landlord had arranged an appointment with the resident for 23 August 2023 for the ventilation unit and kitchen extractor fan to be installed. However, the resident cancelled the appointment. It is acknowledged that this would have been outside the landlord’s control.
  14. Although the works to renew the loft insulation and replace the light were eventually completed, it is evident that there was a significant delay in the landlord completing these works. The landlord initially agreed to complete the works in January 2023, but they were not completed until 6 months later after the agreed date. The resident informed the Ombudsman that she was not able to use her bedroom for the period that there was no working light and explained that as she was disabled, it would have been dangerous to use the bedroom with no working light. The Ombudsman recognises that it must have been very difficult for the resident living in her property with no bedroom light for such a long period of time.
  15. The Ombudsman would have expected the landlord to repair the light much quicker than it did, particularly as they were aware that the resident had a disability. In addition, as a temporary measure whilst the light was awaiting to be fixed, it may have been appropriate for the landlord to provide the resident with a temporary plug-in light which she could have used in her bedroom. However, the landlord failed to do this. In addition, as the vent specialist contractor visited the property in February 2023, the delay in the landlord booking an appointment for the extractor fan and ventilation unit to be installed was also unreasonable. An appointment was not booked until August 2023, which was 6 months after the inspection had taken place.
  16. The landlord informed the Ombudsman on 14 February 2024, that the resident ended her tenancy with the landlord in August 2023 and moved out of the property on 17 September 2023.  Considering this, the Ombudsman will not be ordering the ventilation unit and kitchen extractor fan to be installed as the resident is no longer living in the property. However, the landlord should consider completing this installation as part of any required work to be done to the property if the property is still empty and has not yet been let to a new tenant.
  17. Overall, the landlord initially responded promptly to the reported leak and arranged for its surveyor to inspect the inside of the property within a reasonable timescale and in line with its repairs policy. However, the landlord’s delay in completing the agreed works by the surveyor and booking an appointment for the extractor fan and ventilation unit was unreasonable. After the complaint had been submitted to the Ombudsman, the landlord acknowledged that there had been delays in completing the agreed works. To recognise the delays, the landlord offered the resident £250 compensation and also a new mattress which cost the landlord around £140.
  18. There has been maladministration in the landlord’s handling of a reported leak and damp and mould at the resident’s property. It would be appropriate for the landlord to pay the resident additional compensation of £150 to recognise the distress and inconvenience the resident would have experienced due to the landlord’s delays. The Ombudsman’s approach to compensation is set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £100 to £600 where there has been a failure by the landlord which adversely affected the resident, but there was no permanent impact.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of a reported leak and poor insulation which resulted in damp and mould at the resident’s property.

Orders

  1. The landlord must pay the resident £150 compensation. This amount is in addition to the £250 and new mattress which the landlord previously offered the resident.
  2. The landlord must comply with the above order within four weeks of the date of this report.

Recommendations

  1. It is recommended that the landlord creates a vulnerability policy in order to effectively manage its approach when dealing with vulnerable residents.
  2. It is recommended that the landlord install the ventilation unit and kitchen extractor fan at the property to prevent any further issues with condensation and mould when the property is let to a new tenant.