North Devon Homes (202001535)

REPORT

COMPLAINT 202001535

North Devon Homes

22 January 2021

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 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 concerns the landlord’s handling of remedial works at the property for mould and damp.

Background and summary of events

Background

The property is a two-bedroom, ground floor flat. The landlord had carried out surveys and booked appointments for damp and mould remedial works to be carried out before the beginning of the resident’s tenancy.
The resident has been a tenant of the landlord at the property since 7 January 2019.

Summary of events

The landlord’s records show that it ordered for a cavity wall survey to be carried out at the property in November 2018. The survey report confirmed that this was carried out on 4 December 2018 and that a request for remedial works to repoint brickwork was issued. The resident then moved into the property on 7 January 2019.
On 19 January 2019, a plumber inspected the property for a suspected leak in the bathroom due to a puddle; however, it was determined that this was condensation. This was followed by a cavity wall and post-extraction survey that was completed on 31 January 2019 according to the survey report.
In February 2019, the resident provided the Landlord with photographs showing the damage to the property and her personal belongings, which she attributed to the presence of damp and mould. It has been noted by the landlord that these photographs were taken before any remedial works were carried out.
The resident advised that she had subsequently been reporting mould and damp at the property to both the landlord and the local authority’s environmental health department in this period. There is evidence that she contacted the landlord and its surveyor about this both prior to the completion of cavity wall insulation works by it at the property on 18, 19 and 22 February 2019 and after the works on 21 March 2019 to say that the damp, mould and damage had returned.
The environmental health department also responded to an enquiry by the resident on 16 April 2019 by attributing the damp to condensation on the property’s shared wall with common parts and a lack of trickle vents to help air circulation. The environmental health department therefore agreed to liaise with the landlord to seek for the property’s structure to be investigated, possible insulation improvements, the removal of mould and for openable windows and trickle vents. Although the landlord had no record of this, receiving this correspondence in August 2020.
On 1 March 2019, the landlord’s records show that the insurance cover for cavity wall insulation certificate for the completed works at the property was issued. However, there is no evidence that further action was then taken by it or that further correspondence was received about the case after the above dates up until 19 December 2019, when another inspection of the property was scheduled for 30 December 2019.
On 27 December 2019, the resident contacted the landlord and requested for a stage one formal complaint to be logged; this was before the scheduled landlord inspection booked in for 30 December 2019. She complained that there had been no change to the “serious” condition of the mould growth in the property despite her previous reports about this, for which she had received no further correspondence and to which she attributed the damage to her belongings and possibly her ill-health. As the resident reported that she had cleaned this very regularly and done “everything” to reduce any form of condensation as the landlord had advised, she considered that there was a building/structural issue.
As a result of the inspection completed on 30 December 2019, further insulation improvements to the property were requested by the landlord. The resident was informed of this on 2 January 2020; at this date the landlord also provided her with a complaint acknowledgement letter and its complaints policy and procedure.
The resident was provided with a stage one complaint response letter on 15 January 2020, which addressed the following points:
1. The landlord confirmed that its contractor had removed the cavity wall insulation in February 2019 and re-fitted this by March 2019.
2. The landlord explained that it had to allow time for the affected area to dry, which was the reason behind the timeframe between the two appointments.
3. The landlord advised that the above further insulation improvements had been requested following its latest inspection of the property.
4. The landlord provided advice on how to deal with mould and condensation via cleaning, heating and energy saving advice.
5. The landlord concluded that the complaint would not be upheld because it found that it had responded to the resident’s queries about damp and mould at the property, arranged for remedial works and given necessary advice to keep mould from growing with regular cleaning and air flow.

On 31 January 2020, another cavity wall survey was carried out at the property. This was followed up by two appointments on 7 and 12 February 2020, during which the insulation improvements requested on 30 December 2019 were carried out by fitting a board to the entire back wall of a walk-in cupboard.
On 27 February 2020, the complaint was escalated to the second stage of the landlord’s complaints procedure and the resident was provided with an acknowledgement letter for this. This followed a telephone conversation between them on that date, during which the resident advised that she felt she could not remain in the property due to the possible effect of the mould there on her ill-health.
On 6 March 2020, the resident sent photographs of the mould at the property to the landlord, although it noted that these appeared to be the same as the ones that she had previously sent to it in February 2019. On the same date, the landlord spoke to the resident and they agreed to install humidity monitors at the property. It was agreed between the parties involved that the complaint would remain open until the landlord could install the monitors and then collect and review the data from these.
On 20 April 2020, the resident contacted the landlord for further information on how to escalate her complaint to the final stage of its complaints procedure. The resident was advised that this was not possible as the complaint was still open at stage two and the data from the humidity monitors was yet to be reviewed.
The resident subsequently called the landlord on 15 May 2020. The latter’s logs advised that, during this call, the resident acknowledged that the remedial works and improvements that it had carried out had slightly improved the condition of the property. However, the resident advised that she was under the impression that further works were to be carried out.
The landlord’s records show that the data from the humidity monitors was collected on 21 April 2020 and reviewed by both the landlord and the environmental health department.
The resident was then provided with a stage two complaint response letter on 28 May 2020, which advised that the complaint would not be upheld. Following its investigation, the landlord maintained its position that all required and necessary actions were taken. This was because it found that, after its initial remedial works to the property, its subsequent inspections and data loggers did not provide sufficient evidence to show that there was any fault with the fabric of the building. The landlord therefore considered that its inspections and works had rectified all outstanding issues to its knowledge and that its advice as to how to deal with mould and condensation had been sufficient.
On 4 June 2020, a further inspection was arranged for 11 June 2020. During the inspection, the landlord’s senior surveyor’s inspection report assessed the property and the affected areas. The surveyor determined that the mould levels in the property were “mild” and could be managed by the resident through cleaning and allowing better ventilation behind the furniture.
The surveyor also identified a faulty gutter on the outside of one of the bedrooms which caused a visible damp patch on the wall. Further repair work was ordered at this time for the gutter to be fixed.
During this inspection it was also discussed that the resident wished to move properties for various reasons.
Following the inspection on 11 June 2020 and further communication with the resident, the complaint was escalated to the final stage of the landlord’s complaints procedure. It wrote to her on 18 June 2020 to confirm that:
1. the complaint had been escalated to the final stage
2. it had acknowledged and replied to an enquiry about progressing the complaint that it had received from this Service
3. it would be best to arrange a meeting to discuss the most effective route to obtaining the resident’s desired outcome to move to another home following its above inspection’s finding that the physical structure of the property was in good repair.
The final stage complaint was reviewed by a panel meeting on 4 August 2020 and the resident was kept informed throughout the process, participating in the meeting remotely. The final stage complaint response letter was sent out to her on 14 August 2020 and comprised the following:
1. Confirmation that the landlord’s position on the complaint remained the same, as it found that it had complied with its complaints and dealing with damp and condensation procedures in terms of works and improvements carried out by acting reasonably and promptly to deal with the issues that the resident had raised.
2. Confirmation that the landlord had already provided extensive advice and support with the resident’s desire to move to another property as the outcome of her complaint. The landlord also encouraged the resident to bid on other properties within her banding allocated by the local authority.
3. The renewal of a previous offer to jointly appoint and fund and independent surveyor who could assess the property and advise whether further remedial work was necessary. The landlord also advised that, should the independent surveyor determine that the mould and condensation was caused by the fabric of the building, then it would cover the full cost of the survey and any additional works required to put this right.
Following the final stage complaint review there was further communication between the landlord and resident about jointly appointing an independent surveyor. The landlord subsequently liaised with the local authority to seek to permanently move the resident to alternative accommodation that she had identified as suitable and that she was waiting to become available.
The resident also confirmed that she had submitted an insurance claim to the landlord on 18 December 2020 for it to forward to its insurers for damp and mould damage to her belongings. She reported that she was still awaiting a response to the claim and that she was continuing to experience further damages, ill-health, high prescription costs and an impact on her work and life despite cleaning and removing as much visible mould as possible.

Assessment and findings

Procedure, agreement and policy

The landlord’s damp and condensation procedure commits it to the following:
1. carry out surveys and inspections
2. provide residents with advice on how to deal with mould, damp and condensation themselves and to report back to it if the issue does not get better after 28 days
3. install humidity monitors and send monitoring sheets after receiving a second contact from a resident about the same issue, asking them to return the monitoring sheets after two weeks if the damp, condensation or humidity have not been reduced
4. check if the issues stem from lifestyle factors and address this
5. carry out repair works to the affected areas such as walls, ceilings, vents or drains.
The damp and condensation procedure also suggests that the landlord monitors and investigates damp and condensation at the point that surveys are required by leaving a minimum of two data loggers at the property for two weeks.
The resident’s tenancy agreement stipulates that:
1. The resident should take out contents insurance as the landlord is not responsible for personal belongings.
2. The resident is responsible for keeping the inside of the home clean and in good condition.
3. The landlord commits to keep the structure and the outside of the property in good repair.
The landlord’s responsive repairs policy categorises works as below:
1. Emergency (A priority) – these are instances that pose a risk to life or severe damage to the property and will be attended within 4 to 24 hours.
2. Urgent (B priority) – these are repairs that affect the comfort or convenience of the resident and will normally be carried out within 5 working days.
3. Standard (D priority) – these are general or routine repairs that may require a pre-inspection or for materials to be ordered and are to be carried out within 20 working days.
4. Minor works – these are repairs that cannot wait for a planned programme but that require for certain processes to be followed. These are usually carried out within 120 working days.
The landlord’s compensation policy advises the following:

The landlord may make discretionary compensation payments following a complaint or failure in service. This will be offered in instances where the resident suffered loss due to the failure to deal satisfactorily with repairs or maintenance, service failure or spending excessive time and trouble achieving a solution to a complaint. Compensation may be offered in the form of a gift, replacement of lost/damaged goods on a like for like basis, services that would not normally be offered or monetary compensation.
The landlord will seek advice from its insurance company and refer compensation claims as appropriate. When receiving a request for compensation the landlord will assess the value, nature of the request and whether a person was injured. The landlord will then advise its insurance company of the request and forward any necessary information to progress the claim.

The landlord’s handling of remedial works for mould and damp

The resident has expressed dissatisfaction with the landlord’s handling of her reports of damages to her belongings and her ill-health as part of her complaint and with the handling of her rehousing application to the local authority that she sought as the outcome to the complaint. However, these matters are outside of the scope of this investigation to consider, which instead focuses on the landlord’s handling of remedial works for damp and mould. This is because the assessment and award of such damages in the way that a court or insurer might is not within this Service’s authority to provide, as we do not have the expertise or power to do so. Also, complaints concerning rehousing applications handled by or on behalf of local authorities fall properly with the Local Government and Social Care Ombudsman’s and not this Service’s jurisdiction to consider.
As previously detailed in this report, the landlord was aware of the presence of mould and damp in the property prior to the resident moving in. As per the logs provided by the landlord to this Service, the issue was identified during the survey carried out on 4 December 2018, when a request for remedial works was issued. The landlord complied with its damp and condensation procedure in this instance as it inspected the property and ordered for the necessary works to be carried out.
While this Service could not identify the exact dates the cavity wall insulation was removed and then re-fitted, based on the information received from the landlord, this was done between February and March 2019. It is to be noted that this repair was carried out in two separate appointments as the affected area had to be left to dry. The landlord’s actions regarding the repair were reasonable; however, the landlord did not entirely comply with its responsive repairs procedure as it failed to advise the resident of the extent of the works and timeframes required (the process was explained to the resident after she had raised a complaint).
Based on the information brought forward to this Service, the resident contacted the landlord regarding the mould and damp developing at the property both while the works were carried out, on 18, 19 and 22 February 2019 and after the works were completed, on 21 March 2019. The landlord failed to comply with its damp and condensation procedure in this instance because it did not provide the resident with advice on how to deal with this herself nor did it follow up on the matter either.
It has been brought to this Service’s attention that the resident raised her concerns with the environmental health department, on 16 April 2019, who agreed to liaise with the landlord to conduct further investigations and order additional works, if required. However, the landlord did not receive any correspondence with regard to this until August 2020. The landlord then arranged for another inspection to be carried out on 30 December 2019; during this inspection the surveyor attending ordered for improvement works to be carried out, which was reasonable considering that mould and damp were still found in the property.
It is noted that the resident logged a formal complaint regarding the landlord’s handling of the repairs on 27 December 2019. Following this and the survey carried out on 30 December 2019, the landlord adhered to its damp and condensation, responsive repairs and complaints procedures as it:

updated the resident on a regular basis
carried out additional surveys and inspections on 31 January and 11 June 2020
provided the resident with extensive advice on how to deal with damp and condensation, as part of the stage one complaint response issued on 15 January 2020
fitted humidity monitors (the installation date has not been confirmed) and analysed the data recorded by these on 21 April 2020.

Following the review of the data collected from the humidity monitors and the information collected during the inspections carried out at the property, the landlord determined there was not sufficient evidence that there was a fault with the fabric of the building, that it had carried out all necessary repairs and that it had taken all steps to remedy this situation. Despite this finding, it acted reasonably in arranging another survey on 11 June 2020. Moving forward, as the resident was unhappy that the landlord could not identify any further defects or works required to remedy situation, it was reasonable for it to propose that a joint surveyor was appointed to inspect the property, as part of its final stage complaint response.
The landlord nevertheless failed to comply with its responsive repairs procedure as:

it did not advise of the extent of works it will carry out
it did not provide the resident with a timeframe for completion.

Additionally, the landlord did not entirely comply with its damp and condensation procedure as it did not provide the resident with advice on how to deal with this herself nor did it follow up on the matter either.

It is noted that the above service failure took place before the matter was brought to the attention of the environmental health department and before the resident logged a formal complaint about the landlord’s handling of the remedial works. Although it did not subsequently consider exercising the discretion available to it under its compensation policy to recognise any distress and inconvenience caused by this failure by offering her financial compensation, which was inappropriate. It is also of concern that the resident reports that she has not yet received a response to her insurance claim to the landlord of 18 December 2020 for her damaged belongings, as its compensation policy obliged it to forward this to its insurance company.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in the way it handled remedial works for mould and damp at the property.

Reasons

The landlord failed to comply with its responsive repairs procedure, did not entirely comply with its damp and condensation procedure and did not consider exercising the discretion available to it under its compensation policy.

Orders

The landlord to issue an apology letter to the resident, acknowledging the service failures detailed above and pay compensation of £100 for the inconvenience and distress caused.
The compensation has been calculated based on the Ombudsman’s remedies guidance. This is to be paid in full to the resident within four weeks of this determination.
The landlord to forward the resident’s insurance claim for her damaged belongings to its insurance company in accordance with its compensation policy, if it has not done so already, and to provide her with an update on the progress of her claim within four weeks of this determination.

Recommendation

The landlord should ensure that staff receive further training on its damp and condensation and responsive repairs policies and procedures to ensure that future delays are avoided and the necessary actions are taken in a time effective manner.
The landlord shall contact this Service within four weeks of this determination to confirm that it has complied with the above orders and to confirm whether it will follow the above recommendation.
The Ombudsman accepts that, because of the present restrictions due to the corona virus pandemic, the timing of the above actions will depend on what is reasonable in the light of Government guidance regarding the health of the resident and of the landlord’s staff.