Citizen Housing (202204533)

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REPORT

COMPLAINT 202204533

Citizen Housing

26 May 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 the landlord’s handling of the resident’s:
1. Report of damp and mould in the property.
2. Request for alternative accommodation due to suitability concerns about the property.

Background & Summary

Background

The resident has an assured tenancy which began on 9 December 2013. The property is a two bedroom ground floor flat in a block. The landlord is a housing association.
The landlord’s records note that the resident has a physical disability.

Scope of Investigation

It is noted from the evidence that the landlord addressed the resident’s historic request for aids and adaptations, in its response to her complaint about the suitability of her accommodation.
The evidence indicates that it had provided disability aids/equipment to assist the resident with transfers in the bathroom between 2015 and 2018 as requested by her occupational therapist.
The evidence also indicates that the resident requested adaptation works to her bathroom around 2019 and that the landlord submitted a referral for a disabled facilities grant (DFG), to her local authority in December 2019 for the installation of a low-level shower. The landlord however cancelled the application around September 2021, and said that the resident had instructed it to do so as she had decided to move.
The resident did not however raise the matter as a formal complaint, whilst the DFG application was active, thereby limiting the scope of this Service’s investigation due to the time that had elapsed. This aspect of her complaint will therefore not form part of this investigation. This is because resident’s are expected to raise complaints with their landlords in a timely manner, so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.
This Service notes the resident’s comments regarding her health and the impact caused by the delays during the course of her complaints. This Service is unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. Matters of personal injury or damage to health, their investigation and compensation, are not part of the complaints process, and are more appropriately addressed by way of the courts or the landlord’s liability insurer as a personal injury claim.

Policies and procedural information

Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in repair. The landlord also has a responsibility under the Housing Health and Safety Rating System, introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying.
The landlord has a quick resolutions process where it aims to respond to complaints which do not require a formal investigation within three days.
It aims to acknowledge complaints within three days and respond to:
1. Stage one complaints within 10 working days.
2. Stage two complaints within 10 working days.
The landlord’s complaints policy states that when dealing with repairs complaints, it will obtain relevant information from the resident and undertake an initial investigation to ensure that it is not just a request for service before proceeding to logging the complaint.
The landlord’s tenancy and licence management policy, sets out how it allocates properties. It will advise on the options available to residents who wish to move including other forms of tenure. It will offer:
1. Emergency transfers – where there are circumstances that threaten the life or safety of the resident or other household members, if they remained in the property.
2. Decants – due to the demolition or refurbishment of their home where it will ensure that residents affected by such schemes are offered rehousing that is fair and timely to ensure schemes are not delayed.

Summary of events

On 7 June 2022, the resident contacted this Service regarding her reports of damp and mould in her property. She said the landlord had investigated the issue but that it had not been resolved satisfactorily. The resident was advised to pursue the matter with her landlord through its internal complaints process.
The resident made a formal complaint to the landlord on 8 June 2022 regarding damp and mould in her property. She said:
1. She had mould throughout the flat, mildew and a leak from the bathroom ceiling.
2. The bathroom was dangerous for her, and she could not use the bath.
3. She was allergic to mould which was making her very ill.
4. The property was no longer suitable due to her disability.
5. The outcome she was seeking was for the landlord to move her to another local area and to cover removal and storage cost.
The landlord contacted the resident on 9 June 2022, to discuss her complaint but it left a message as the call was not answered. The resident returned the landlord’s call and the below was noted from their discussion:
1. It advised the resident that it could not move her from the property, but it could arrange works for a mould inspection.
2. It tried to explain that if she needed to move, she would need to continue to bid for properties.
3. It explained the process for requesting aids and adaptations, due to concerns raised about her bath not being suitable. It noted that the resident said that she had already gone through the process, and that she had decided not to proceed as it was taking too long.
On 7 July 2022, the landlord wrote to the resident and noted that it was in response to an enquiry raised through her online account. It said:
1. It would be happy to raise any damp and mould repairs in her property.
2. It last attended her property in December 2021 to inspect if for damp in her bathroom.
3. If she required aids and adaptations to her bathroom, this would need to go through an occupational therapist referral.
4. In regards to her request for alternative accommodation, she would need to contact her local council, to discuss her situation with them to see how they could help. All applications need to go through her local council, as it does not facilitate transfers as had requested.
The landlord opened a stage one complaint investigation on 15 July 2022 following contact from this Service regarding the resident’s complaint. It said that the resident’s original communication was dealt with as a quick resolution within three working days. The landlord also acknowledged the resident’s stage one complaint and advised her of the timescale for the response.
The landlord’s technical services team contacted the resident on 21 July 2022 and booked an appointment to inspect her property on 2 August 2022.
The landlord issued its stage one complaint response to the resident on 22 July 2022. It said this was in response to the complaint received from this Service on 12 July 2022. The key points in the response are noted below:
1. Damp and mould – It carried out an anti-mould treatment in her property on 25 January 2021, in response to reports received about damp and mould in her bathroom on 5 January 2021.
2. It received another report from her about damp and mould on 2 December 2021 and returned on 9 December 2021 to apply further treatment. It received no further reports after this date until she raised a complaint.
3. Its technical services team had confirmed an appointment to attend her property on 2 August 2021 to assess it for damp and mould.
4. Aids and adaptations – An Occupational Therapist (OT) referral was received for a wet room installation in October 2020. Its surveyors attended to complete a survey but there was a delay in commencing the works due to covid restrictions. Following the completion of the survey, a schedule was submitted to the local authority for approval, but it was informed at this point that the resident had decided to move, and the adaptation was cancelled.
5. It explained that major works involve significant work to a property and will always be subject to an OT referral for an assessment of the level of need. It said the process can be prolonged if it needs to apply for funding from the local authority.
6. Lettings – The landlord advised that the resident needed to register with her local lettings scheme to rent or transfer to one of its properties. It said her rehousing priority would be determined under the scheme, which would depend on her household circumstances and the properties available.
7. It said it was unable to assist with a move to another housing association or outside its district as it cannot influence their decisions, but it may act as an intermediary. It provided details of its local scheme and their contact number.
The landlord inspected the resident’s property on 2 August 2022 and noted that there was no visible damp in the property. It raised a repair to the bathroom ceiling and noted that it had a stain from a historic leak.
On 9 August 2022, it raised a works order to prepare and apply anti-fungal treatment to the walls or ceilings. It gave a projected completion date of 4 November 2022.
The landlord noted that the resident requested the escalation of her complaint to stage two of its internal complaints process on 9 August 2022. It said the resident complained that:
1. She was not happy with the feedback and the work that was going to be carried out following the stage one response and the surveyor’s visit.
2. She had previously had the bathroom scraped and painted for the mould, but it came back a week later.
3. It had not commented on the mould in the other parts of the property.
The landlord’s internal emails on 5 September 2022, noted that it booked an appointment for 29 September 2022 to carry out a second inspection of the resident’s property for damp and mould.
The landlord issued its stage two response to the resident on 7 September 2022. It gave the following summary of the key points:
1. It consulted with its surveyor who inspected her property on 2 August 2022 and reviewed the photos that were taken during the inspection. It did not identify any damp and mould from them.
2. Its surveyor confirmed that flaking paint and a stain identified on her bathroom ceiling were from a historic leak and that it had been painted previously.
3. Another inspection had been arranged for 29 September 2022, for two surveyors to attend as she was dissatisfied with the previous findings.
4. It provided information that could support with managing damp and mould in her home.
5. Suitability of the property: Work to install a low-level shower was identified following an OT assessment in 2018. As this was classed as major work, it fell outside its threshold for funding, so it made an application to the local council for funding which resulted in a delay. Its records show that the resident cancelled the application for the grant as she had decided to move from the property.
6. It apologised for not addressing her request for it to pay for relocation and storage costs as resolution to her stage one complaint. It said any costs associated with a move she has arranged will remain the resident’s responsibility.

Post Complaint Actions

The landlord’s repair records suggests that it completed repairs to the bathroom ceiling on 4 November 2022.
On 13 December 2022, the landlord wrote to this Service and advised that its surveyors conducted a second damp survey on 7 December 2022. It concluded from its inspection that:
1. The property was cold, and each room had belongings piled up in the bedrooms and living rooms which were against the walls. Photographs were taken in each room.
2. There was condensation mould on the window frame and sill in the bathroom and bedrooms. There was no condensation elsewhere.
3. The resident explained that she had not been bathing in the bathroom for over two years because she was supposed to have a wet room fitted. She advised that it did not get done and that she had cancelled it because the property did not meet her needs.
4. It noted that the resident was not living in the property for long periods of time and that she was in discussions about rehousing with a specialist housing provider in another borough. She said she made arrangements to check the property a few times a month to make sure it is secure.
5. The resident was advised by the surveyor that they could not arrange for her to move from the property. They advised her to make sure she had given her local housing scheme all her medical information, so that they could make sure appropriate properties were available for her to bid on. It noted that the resident said she was aware of this but that she wished to move to another local area.
6. The surveyor provided the resident with appropriate advice in relation to heating and ventilation of the property to manage condensation in the windows.
7. It used the protimeter on the walls in the hallway, the ceiling and on the door frame and found no signs of any of these being wet. It advised her that it was not mould but the resident disputed this.
8. It said it could not state why she was not living their full time or whether the property was suitable for her, but it confirmed that the mould growth on the windows in the property did not make it uninhabitable.

Assessment and findings

The Ombudsman’s Dispute Resolution Principles are:

Be fair.
Put things right.
Learn from outcomes.

This Service will apply these principles when considering whether any redress is appropriate and proportionate for any maladministration or service failure identified.

Report of damp and mould in the property.

This Service has seen evidence of reports made by the resident to the landlord on 5 January 2021 and 2 December 2021 regarding her concerns about damp and mould. The landlord inspected the property and carried out some treatment, but it is not clear if it confirmed that there was evidence of damp and mould in the property at the time. The evidence suggests that no further reports were made by the resident about damp and mould until 8 June 2022, when she submitted a formal complaint to the landlord about the matter.
The landlord’s actions on 9 June 2022 in response to the resident’s complaint were appropriate and in line with its policy for the handling of repairs complaints. It offered to inspect the condition of the property and it reiterated this in its email sent to her on 7 July 2022.
It explained that it had not received any reports of damp from her since 9 December 2021, when it last attended to carry out a mould treatment. It’s repairs log corroborate the landlord’s explanation in its stage one response on 22 July 2022, that it had only received two reports from her prior to receiving her complaint. It advised the resident that an inspection would be required to investigate her concerns and it arranged it for 2 August 2022. The landlord’s actions here were reasonable and in accordance with the guidelines stated in its policy.
Following its inspection on 2 August 2022, it concluded that there were no visible signs of mould in the resident’s property. It noted that every room in the property was cluttered and had large hoarding. It however arranged repairs to the bathroom ceiling which it noted had a stain from a historic leak.
In response to the resident’s expression of dissatisfaction, about its conclusion on 9 August 2022, it arranged for two of its surveyors to conduct another inspection of the property to verify its previous report. This shows that the landlord listened to the resident and took her concerns seriously. It agreed an inspection date of 29 September 2022 with the resident, but it later told this Service that the inspection was postponed at the resident’s request and that it was eventually completed it on 7 December 2022. In response to this Service’s request for evidence, the landlord advised that there were no outstanding works for damp and mould at the resident’s property.
Based on the evidence seen by this Service, the landlord responded appropriately to the resident’s report of damp and mould. It undertook to inspect the resident’s property for mould when the resident notified it of her concerns through her formal complaint on 8 June 2022. This was a reasonable response to the issue raised as it had not received any reports in the six months before it received her complaint.
Although the resident disputed the outcome of its inspection, it agreed to arrange a further investigation of the property. The landlord’s actions are in line with this Service’s spotlight report on damp and mould which highlights the importance of effective diagnosis and that responses to reports of damp and mould are timely and reflect the urgency of the issue.
This shows evidence of good customer service and an example of best practice in listening to the resident and seeking a second opinion.

Request for alternative accommodation

In response to our request for evidence, the landlord informed this Service that it had not received any direct requests from the resident for assistance with a housing transfer. The landlord’s website states that a transfer is when a resident moves from their current home to another home it owns or manages. It is therefore assumed that the landlord’s reference to a housing transfer means an internal transfer to one of its own properties, as the resident had indicated that she wanted to move outside of her current area.
The evidence suggests that the resident only contacted the landlord about her request for alternative housing through her formal complaint on 8 June 2022. The landlord’s advice to the resident, to register with the local council for the area she wished to move to, was therefore consistent with the information published on its website for those residents who wish to find a new home. The damp and mould inspection completed on 2 August 2022 had not determined that the home was unsuitable or unsafe for the resident.
In response to her complaint about the suitability of her bathroom, the landlord explained that she would have to contact her occupational therapist for a new referral for any adaptation works that she might require. The evidence indicates that her previous request for adaptation works to her bathroom was cancelled in September 2021. The resident revisited the matter nine months after the application had been cancelled, through her formal complaint on 8 June 2022. The landlord’s response here is therefore reasonable, as new requests for repairs are treated as service requests in accordance with its repairs complaints policy.
Overall, the landlord’s response to the resident’s request for alternative housing is reasonable and in line with its policies and guidelines. The resident’s request for housing, received through its formal complaint process, was treated as a request for service in that she was provided advice on how to apply for rehousing. It did not determine that there were any grounds under its tenancy and licence management policy for an emergency transfer or decant following the resident’s complaint about the condition of her property. This Service therefore finds no evidence of maladministration in the handling of the matter.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord, in the landlord’s handling of the resident’s report of damp and mould in her property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord, in its handling of the resident’s request for alternative accommodation.

Reasons

The landlord was put on notice of the repairs or concerns about damp and mould in the resident’s property through her complaint submitted on 8 June 2022. It acted in accordance with its repairs policy and undertook an inspection of the property. It arranged a further assessment of the property for a later date when the resident disputed the outcome of the inspection or survey conducted. It also completed works to the bathroom that were identified during the first inspection.
The landlord responded accordingly to the resident’s request for alternative accommodation. It adhered with its processes and the information published on its website, in advising the resident to approach her local authority if she wished to move home. The evidence did not show that she had previously requested assistance in moving home, so the landlord’s actions here were reasonable.

Recommendations

If it has not already done so, the landlord should contact the resident and re affirm advice previously offered in relation to the heating and ventilating of the home to assist with the management of condensation.
The landlord should ensure that options open to the resident regarding moving home is reiterated in writing. It should also advice on any assistance it may offer in facilitating a move to her desired local area.