A housing association must cough up £2,000 after a tenant was unable to sleep in her bedroom and left with damaged belongings due to damp and mould. The Housing Ombudsman made two findings of 'severe maladministration' against Didsbury -based Onward Homes for the way it handled complaints from a Manchester tenant.
The resident, whose name is given as Ms D by the Housing Ombudsman, had complained about damp and mould in her bedroom, caused by rotten window frames. She first reported the issue at her ground-floor flat, which is in a Grade II-listed building, in February 2020.
In a formal complaint raised via her MP, Ms D said she she was not sleeping in the bedroom and had got into debt by buying a dehumidifier. She also told Onward Homes she suffered from seizures which were made worse by stress.
READ MORE: Young man took his own life while on leave from mental health unit, inquest told
The landlord carried out mould treatment and, in April 2020, said it would consider her request for new windows. It also offered £175 in compensation as a goodwill gesture.
But by the end of the year, she had to contact Onward Homes again, asking for the windows to be repaired or replaced. Ms D told the landlord some of her belongings had been damaged as a result of the damp and mould.
However, the tenant found herself being blamed for the problem, with Onward Homes insisting it was a 'classic case of condensation that had not been managed by the resident'. It said she was responsible for managing the property in a reasonable manner - including washing the mould.
The landlord said it could not offer an immediate replacement due to the building's listed status, and instead suggested the work would take place two years later. Ms D escalated her complaint, asking again for the windows to be replaced and for compensation following the damage to her belongings.
In its final response in spring 2021, Onward Homes said it could not replace the windows quickly as the works would be 'complicated and extensive'. Following a further inspection, the landlord said the windows were beyond repair.
It was at this point Ms D approached the Housing Ombudsman. The Ombudsman’s investigation found that there was an unreasonable delay when the resident raised further concerns - with a three-month wait for Onward Homes to request photographs to assess the damage.
It found that there was no evidence that Onward Homes considered if the property was uninhabitable and no evidence to support the landlord’s finding that the condensation was due to the resident’s inaction. The Ombudsman found that this was unreasonable, as it had concluded that the windows were beyond repair.
It also found to be unreasonable that the landlord did not respond to the resident’s request for compensation for items damaged that she made at each stage of the complaint process - even though Onward Homes' own policy sets out an approach for considering claims for damaged items. The Ombudsman ordered the landlord to pay £2,175 compensation, carry out a survey to determine if the property is habitable and - if not - to consider moving her or offering a rent reduction until the windows are replaced.
Richard Blakeway, Housing Ombudsman, said: “The landlord failed to demonstrate that it adequately investigated the resident’s concerns and instead stated that it was the resident’s responsibility to remove the condensation in the property. Given the landlord’s serious failings in this case we ordered it to review its approach in line with our Spotlight report on damp and mould.
"It should consider the advice offered to residents when they report concerns, and how it assesses the factors contributing to any condensation build up. The landlord also repeatedly failed to address a key aspect of the complaint at all points of the complaint process, by not providing a response to the resident’s request for compensation.
“Following our decision, I welcome the landlord’s response on its learning from this case and the changes being made to improve its service. I would encourage other landlords to consider the learning this case offers for their own services.”
The compensation comes at a time social landlords in Greater Manchester have been under increased scrutiny over the way they deal with damp and mould. A Manchester Evening News investigation found that families living on a Rochdale Boroughwide Housing estate had children who had been rushed to hospital with breathing issues.
It was the same estate where Awaab Ishak had lived in a flat ridden with mould that is believed to have contributed to his death, Rochdale Coroners Court heard in June. His inquest is due to take place next month.
Onward Homes insists it has taken on board the Ombudsman's findings. It says it has since made changes to address the findings and is doing more to support residents where repairs or reinvestment are delayed.
In a statement provided by the landlord to the Housing Ombudsman, a spokesperson for Onward Homes said: "We are very sorry for the difficulties our resident has experienced in this case. We have apologised to our resident and fully complied with the Ombudsman’s order.
"Several lessons have been highlighted. Given the period of time between the events and findings, many improvements were already in train but there are opportunities for further learning.
"We will always carry out a formal survey to assess fitness for habitation where damp and mould are the cause of a complaint. We previously took action by exception (as in the current case where the property was correctly deemed to be fit for habitation) but we will now formally assess and document the process in every case.
"We will do more to support residents where repairs or reinvestment are delayed. The property is Victorian Grade II-listed and preparation for investment over the last two years took longer than we would have expected.
"Full refurbishment works are now on site and we are making a contribution to residents’ heating costs until work is completed. Whilst this was a complex refurbishment we recognise that we let the wider investment decisions and timescales cloud our focus on this complaint.
"On complaints handling, changes have been made to clarify the stages of a complaint and in relation to awarding specific compensation rather than offering a global amount. We welcome the opportunity to learn from the judgement in this case and will use it to improve the service we give to our customers."
READ NEXT:
