Southern Housing Group Limited (202323310)

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REPORT

COMPLAINT 202323310

Southern Housing Group Limited

29 July 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 reports of damp and mould.

Background

  1. The resident is an assured tenant of the landlord, a housing association. The resident’s tenancy commenced in July 2020. The resident occupies a 2-bedroom ground floor flat in a purpose-built block with her two children. The resident advises that her children have health conditions.
  2. In November 2022, the landlord carried out an inspection of the property following reports from the resident of damp and mould. The landlord found that the bathroom ceiling was affected and inspected the neighbour’s property above for a leak. It also found there was mould in the corners of the lounge and one of the bedrooms. Subsequently in December 2022, it attended the resident’s property and carried out a mould wash. Following a survey conducted in April 2023, the landlord’s contractor found signs of water migration in the ceiling from the property above and recommended that the existing positive input ventilation (PIV) unit installed in the bedroom needed to be upgraded. On 25 May 2023, the landlord’s contractor carried out another mould wash and redecoration and overhauled an extractor fan. In June 2023, it agreed various work to the bathroom, bedroom and lounge including full redecoration. Subsequently, in September 2023, a work order was raised to refit an extractor fan.
  3. The resident made a formal complaint to the landlord on 9 October 2023. She said there was ongoing damp in the property and her youngest child was frequently in hospital for breathing issues. She added she had thrown personal belongings away due to the mould and that despite many surveyors attending, she felt nothing had been done. She wanted to permanently move and added this issue had been ongoing since the start of her tenancy and despite having made a previous formal complaint, she had been chasing works since the contractor’s survey in April 2023.
  4. The landlord issued a stage 1 response on 25 October 2023. It apologised for the time taken to resolve the issues. It added that further appointments for its contractors had been raised to carry out work on 6 November 2023 and 21 November 2023. It provided details for the resident to submit a claim to its insurer for any damaged belongings. With regard to the possibility of moving home, it said it was unable to offer internal transfers and provided her with alternative housing options. It also set out an action plan for its contractors to carry out damp and mould related works and redecoration by 30 November 2023. It offered compensation of £500 made up of £50 for unsatisfactory handling of previous complaint actions, £25 for its failure to respond within agreed timescales, £60 for its failure to repair and £15 for having to chase for updates and a discretionary offer of £350 in recognition of the impact on the household and the inconvenience caused.
  5. The resident asked to escalate her complaint on 8 November 2023. She said the stage 1 response was the same as its previous formal complaint response in 2020 and the actions proposed were the same. She felt this would not resolve the damp issues and that the compensation offered needed to be higher as it did not compensate for items replaced due to mould damage and for the impact caused. She wanted the landlord to find and treat the source of the damp and mould and provide further compensation.
  6. The landlord issued its stage 2 response on 15 December 2023. It apologised for the distress and inconvenience caused by the mould issues and upheld her complaint. It recognised the recurrence of damp and its previous inability to provide a lasting resolution. It also said that, to tackle the damp issue, it had requested a survey from a specialist which took place on 1 December 2023. They recommended replacing vents in both bedrooms and applying a mould wash, which were scheduled for 15 December 2023. A heat loss survey was also carried out on 14 December 2023 to ensure that the radiators were functioning and appropriately sized and it said it would act on the recommendations. It advised that its policy did not cover damage to personal belongings and said that the resident would need to make a claim under her contents insurance. It also provided an action plan with target completion dates. It increased its offer of compensation by an extra £100, to a total of £600, in further recognition of the impact the situation had on her family.
  7. In the resident’s referral to the Ombudsman, she felt that the landlord had not done enough to provide adequate housing conditions and the issue remained unresolved. She added that the compensation offered was not enough considering the time she had taken off work. As a resolution, the resident would like the landlord to resolve the mould in the property and provide further compensation.

Assessment and findings

Scope of investigation

  1. The Ombudsman acknowledges the resident advised that damp and mould had been present in her home since she took up the tenancy in July 2020. The Service notes the resident exhausted the landlord’s complaint procedure in respect of a previous formal complaint about the same issues in January 2021 but did not refer that complaint to the Service within 12 months. Under paragraph 42b of the Scheme, the Ombudsman may not consider complaints which were not brought to the Ombudsman’s attention within 12 months of having exhausted the landlord’s complaint procedure. Therefore, the Service will not investigate the damp and mould issues as far back as 2020. Accordingly, this investigation will focus on the landlord’s actions in response to the resident’s reports from October 2022 up until the landlord’s final responses and will examine whether it followed its policies and treated the resident fairly in the circumstances.
  1. The resident has said that the damp and mould in the property had a negative impact on her family’s health, and asserted the landlord’s failure to resolve this as a repeat trigger for her daughter’s poor health. While the Ombudsman is sorry to hear of these health problems, it is beyond the expertise of this Service to determine a causal link between the landlord’s action (or lack thereof) and the impact on the resident’s child’s health. Often, when there is a dispute over whether someone has been injured or a health condition has been made worse, the courts are able to rely on expert evidence in the form of a medico-legal report. This will give an expert opinion of the cause of any injury or deterioration of a condition. This would be a more appropriate and effective means of considering such an allegation and so should the resident wish to pursue this matter, she should do so via this route.  This investigation will therefore consider whether the landlord acted in accordance with its policy and legal obligations, and fairly in the circumstance.

The landlord’s handling of reports of damp and mould

  1. The landlord has an obligation under the tenancy agreement to keep the structure and outside of the property, including ceilings and internal walls, in a reasonable state of repair. Further, its responsive repairs policy dated December 2022 states that it will maintain any of its installations including ventilation fans. Its policy adds that it would confirm an appointment with the resident as soon as possible and, where possible, for a time that suits them.
  2. The landlord’s damp and mould procedure states that it will carry out an inspection within 10 working days of a report. Where the resident reported serious adverse health impacts on the household, it will carry out an inspection within 5 working days. It aims to find a resolution within 6 weeks. Additionally, it states that it will track the damp and mould cases closely, which are prioritised by risk, and keep residents up to date with proposed resolutions and progress every 3 days. Following completion of works, residents should be contacted by telephone at 3, 6, and 12-month intervals. If the matter had not been resolved in 6 weeks, the landlord will consider any barrier to solutions and may consider whether temporary accommodation should be provided.
  3. On 2 November 2022, the landlord carried out an inspection of the property following the resident’s reports of damp and mould. It also found there was a possible leak into the bedroom from the flat above. The landlord repair records indicate that it traced and rectified the leak on 16 November 2022. It acted fairly by attending to the leak within a reasonable time. However, it is concerning that its repair logs indicated that it previously addressed a leak from the neighbour’s property around June 2022. This may suggest the landlord failed to undertake an effective and lasting repair at its previous visit. It subsequently carried out mould treatments on 21 December 2022. This initial approach shows a willingness to improve the resident’s situation.
  4. In April 2023, the landlord arranged for its contractor to survey the property, and signs of water migration in the ceiling from the property above were found. This suggested, as before, that it did not adequately resolve a leak from the property above when it attended to rectify the issue. Additionally, it is unclear what prompted the landlord’s April 2023 survey of the property. It is of concern that the landlord provided no correspondence or reports from the resident from October 2022 up until her formal complaint in October 2023, despite work being carried out in December 2022 and a survey in April 2023. Moreover, while repair logs were provided, there were no notes to accompany the completion details of each repair. It also did not provide call logs to show that regular contact was made with the resident to advise progress in line with its policy.
  5. Furthermore, the landlord’s records showed a lack of communication with the resident about the works intended to resolve the issue. The Service has seen no evidence that any appointments were arranged with the resident in line with its repairs policy. Although the landlord provided its repair and case history records, these lacked sufficient detail for the Service to understand what the landlord did and when. In line with our Spotlight report “On the record: Spotlight on Knowledge and Information Management” of May 2023, the landlord should have a robust record-keeping system to ensure appropriate recording of repairs to ensure delivery of its operational service. In this respect, a recommendation has been made.
  6. Following the survey in April 2023, its contractor found the humidity to be above the average level, which could lead to condensation. It recommended upgrading the existing ventilation, the PIV, and wall vents. The contractor attended on 9 October 2023 and 11 October 2023 and carried out remedial works to the bathroom. In early November 2023, the landlord’s contractor upgraded fans in the bathroom, replaced bedroom wall vents and installed a PIV in the lounge. It also undertook mould treatments across the property. It is unclear why it took the landlord over 7 months from the survey date to complete these works. This was a considerable delay and contrary to its damp and mould operating procedure seeing as a matter first reported as early as October 2022 was not resolved within 6 weeks. Furthermore, there is no evidence to suggest the resident was updated about any delays in the intervening time. This would have caused distress and inconvenience to the resident who lived in damp conditions for a prolonged period.
  7. Following the contractor’s heat loss survey of 14 December 2023, they recommended replacing the radiators. This was consistent with a previous inspection carried out on 1 December 2023 which stated “we are of the opinion that the existing radiators may be under-sized for the rooms they are being asked to heat”. The landlord arranged for a job to be carried out on 25 January 2024 where its heating contractors would “isolate and drain down central heating system, remove existing radiators and install large radiator”. Given the landlord was made aware of the result of the inspection in early December 2023, it is concerning that it took nearly 2 months for this to be carried out, especially as this was during the winter months.
  8. The landlord does not dispute that there were failings in its handling of reports of damp and mould. Where the landlord admits failings, the Ombudsman’s role is to consider whether the landlord resolved the resident’s complaint satisfactorily in the circumstances and offered appropriate redress. In considering this, the Service assesses whether the landlord’s actions were in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right and learn from outcomes.
  9. Having upheld the resident’s complaint, the landlord stated that it had also identified learning from the complaint including the importance of addressing issues with lasting and effective solutions rather than temporary fixes, responsive and tailored communication, and the need to constantly evolve its approach to maintenance and repairs including learning from previous experiences to prevent a recurrence of similar issues.
  10. While it is appreciated the resident felt the landlord’s actions did not resolve the matter and informed the Service that there was still damp and mould in the property, the landlord did endeavour to conduct a number of surveys and carry out work in response to her reports. The resident expressed dissatisfaction about the number of surveys undertaken. Although it may have been necessary for the landlord to continually monitor the situation, and it was entitled to rely on the opinion of its contractors, it should have managed the resident’s expectations and reassured her that these inspections were necessary. It missed many opportunities to complete necessary works sooner.
  11. A significant aspect of the resident’s complaint was how the landlord responded to her concerns about her daughter’s health. The resident said she had provided a letter from her GP to the landlord but felt this was not taken into account. The potential detriment of damp and mould to a resident’s health and wellbeing has been highlighted in the Ombudsman’s October 2021 Spotlight report entitled “Damp and mould: It’s not lifestyle”, and it is the case that the longer it is left untreated, the more damaging it can be to a person’s health. Under the Housing Health and Safety Rating System, damp and mould growth is classified as a hazard.
  12. With regard to the resident’s request to move home, the landlord’s stage 1 response appropriately advised her of her housing options. The resident contacted the landlord on 19 November 2023 and again asked the landlord to move her. The landlord acted appropriately by signposting the resident to environmental health/community health visitors and provided her with alternative housing options. This showed a willingness from the landlord to assist the resident and her family. Subsequently, on 23 November 2023, it asked for medical evidence so it could review and establish if her circumstances met its threshold for a managed move. After receiving this, the landlord acted fairly by replying the same day explaining it had received an update from its surveyor who advised the required works would not need the resident to be moved. It said it would nevertheless present her evidence to a regional manager and panel in February 2024. This was a satisfactory approach.
  13. As emphasised in our Spotlight report, ventilation, together with sufficient heating and appropriate mould treatments where necessary, is essential for the prevention of mould in properties. The landlord had attended the property as early as November 2022 and was aware of the extent of the issue at the time. The Ombudsman recognises the landlord appeared to undertake mould treatments in December 2022, May 2023, November 2023 and January 2024. While mould washes are useful, in this case such an approach treated the symptoms rather than the root cause. Furthermore, it would have been appropriate for the landlord to carry out a risk assessment in this case given the repeated reports of damp and mould and the fact that two children occupied the property. This did not appear to happen.
  14. With regard to the resident’s personal items damaged by mould, the landlord acted fairly in its stage 1 response by providing details of its insurer. This was an appropriate response. However, in its stage 2 response it then said the resident should claim on her own contents insurance. This would have caused confusion. Moreover, she had previously informed the landlord on 24 October 2023 that she did not have contents insurance. Therefore, the landlord’s advice was inappropriate and it should have confirmed in its stage 2 response that she could make a claim through its insurer. This was an oversight on the part of the landlord and, as it is unclear if the resident has progressed a claim to date, a recommendation has been made below.
  15. On 12 January 2024, the landlord issued a revised stage 2 response. It said that, on reflection, there was a lack of empathy in its previous response and it apologised for this. It said it was confident the works completed on 15 December 2023 would improve the property conditions and set a new post-inspection date of 26 January 2024. It increased its previous compensation offer of £600 by a further £450 to a total of £1,050 in further recognition of the impact the situation had on her family and the inconvenience caused.
  16. The Service expects the landlord to properly investigate the reported issue and review all the circumstances of the case at stage 2. Had this been done, the landlord would have identified its failings at an earlier time and had the opportunity to put things right sooner. It appears to the Service that the landlord undertook a further review and issued its revised stage 2 response only after knowing that the resident intended to raise the matter with the Ombudsman.
  17. There were issues with the landlord’s communication throughout and it did not appropriately manage the resident’s expectations on the progress of the works which was contrary to its procedure. This is particularly important in cases where damp and mould issues are ongoing for a prolonged period of time. The landlord should continually demonstrate to the resident it is taking her concerns seriously and progressing the matter in order to maintain a positive landlord-tenant relationship. The Ombudsman has seen a letter from Children’s Universal Service dated February 2024 that suggest the impact of damp and mould on her daughter’s health was potentially significant, however the landlord’s actions prior to this did not appear to act with the same seriousness. As the landlord was aware of the potential health impacts on the household, it should have acted with more urgency particularly given her repeated reports.
  18. Considering the landlord’s repeated failures to comply with its own damp and mould procedure, and as there is no evidence the landlord post-inspected on 26 January 2024, the Ombudsman has determined that there was service failure in its handling of the resident’s reports of damp and mould. While the landlord apologised and offered a revised compensation figure at the lower end of the Service’s remedies guidance, it is the Ombudsman’s view that the amount offered still does not adequately reflect the detriment caused to the resident.
  19. The resident explained in March 2024 that she felt she was “going back into the cycle of no responses” from the landlord and that her situation was the same despite providing GP and health visitor letters. The resident also advised that a further damp survey appointment by the landlord, which she had scheduled herself, was cancelled without prior warning in April 2024. This was inappropriate. Following this, the landlord arranged for a damp and mould specialist to survey the property on 3 May 2024. During this visit, they did not find any internal or external defects and noted that passive vents and a PIV system had been installed and that the extractor fans had been upgraded recently. They added that, in their view, the lack of regular ventilation was the cause of mould in isolated areas and provided the resident with a hygrometer and advice relating to condensation. This was a satisfactory approach; however, the Ombudsman recognises the resident’s comments that regular window/door ventilation may not always be feasible as she resides on the ground floor and there would be a security risk.
  20. Although it is recognised the issues were ongoing for a prolonged period of time, the landlord has since taken sufficient steps to ensure potential solutions were explored and implemented. It booked a mould wash for 12 July 2024 as recommended in its most recent survey of May 2024. This survey also recommended that a further inspection with a senior surveyor be booked for 6 months’ time, and also a check of the airbricks to ensure they are functioning properly. In view of this, recommendations have been made.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of reports of damp and mould.

Orders and recommendations

Orders

  1. Within 28 calendar days of the date of this report, the landlord must:
    1. Apologise to the resident in writing for the failings identified in this report.
    2. Pay the resident a total of £1,150 made up of:
      1. £1,050 as offered in its revised stage 2 response dated 12 January 2024, if it has not done so already.
      2. A further £100 for the distress and inconvenience caused by the landlord’s handling of reports of damp and mould.
  2. The landlord must provide evidence of compliance with the above orders to the Ombudsman within 28 days of the date of this report.

Recommendations

  1. The landlord should:
    1. Review its record-keeping practices to ensure appropriate recording, handling of and responses to complaints and delivery of operational service including non-emergency repairs, and consider, if has not done so already, implementing a Knowledge and Information Management Strategy.
    2. Contact the resident and establish if she wishes to commence a claim on the landlord’s insurer for the damage to her belongings, if she has not done so already.
    3. Pre-arrange the 6-month inspection with a senior surveyor to monitor the situation and provide the inspection date to both resident and the Service, if it has not done so already.
    4. Arrange for an inspection of the airbricks in the property if it has not done so already.