The Regulator of Social Housing (RSH) has found significant failings in the way that Rochdale Boroughwide Housing (RBH) deals with damp and mould, beyond the specific findings in the coroner’s verdict on the tragic death of Awaab Ishak.

As a result, RBH has breached the regulator’s consumer and governance standards. The RSH says it is taking action to make sure RBH addresses these failings and puts things right for its tenants, and expects all social landlords to learn lessons from the case.

The RSH has found that:

• RBH waited nearly two years after Awaab Ishak’s death to check for damp and mould in other homes on the estate. When they did eventually check, they found hundreds of tenants living with damp and mould. Awaab Ishak’s death should have alerted RBH to the safety risks for its tenants, but it failed to act quickly and protect more tenants from potential harm.
• Wider failings within RBH meant that it gave the regulator inadequate information about damp and mould shortly after Awaab Ishak’s death. The widespread issues in its homes which it later found severely undermine RBH’s credibility and exposes significant failings in the way it treats damp and mould.
• RBH has weaknesses in its IT and internal communications, which led to vital information being missed. The repairs team were unaware of the concerns raised by Awaab Ishak’s healthcare worker, which may have enabled them to identify the risks earlier.
• RBH made incorrect assumptions about the cause of damp and mould in Awaab Ishak’s home and failed to act to resolve the issues. RBH did not treat Awaab Ishak’s family with fairness and respect, and the regulator does not have confidence that RBH is treating other tenants with fairness and respect.

The regulator expects RBH to take urgent action to address these failings and will take enforcement action if necessary. In particular, the regulator is pushing RBH to improve the way it is run and to fix its approach to managing damp and mould in tenants’ homes.

The regulator’s findings send a clear message to all social landlords that:

• Housing associations and councils need to ensure their homes are well maintained and of a decent standard.
• Landlords need to have systems in place to ensure their homes are free from hazardous levels of damp and mould, and deal with issues promptly and effectively.
• Social landlords need to listen to their tenants’ concerns, understand their needs, remove barriers to accessing services and respond promptly when they need to put things right.

The regulator wrote to every social landlord on 22 November 2022 to highlight landlords’ responsibility to protect tenants from hazardous damp and mould. Landlords need to submit evidence to the regulator by 19 December to show they are dealing with damp and mould appropriately. If this evidence isn’t provided, the regulator will take appropriate action.

Fiona MacGregor, RSH’s Chief Executive, said: “Our investigation reveals significant failures in the way RBH manages damp and mould in its homes, resulting in harm to tenants. The tragic death of Awaab Ishak should have led to action to establish wider risks, but RBH failed to respond quickly or effectively. This is unacceptable. RBH needs to address the issues we have found and we will take further action if it fails to do so.

“Our judgement sends a clear message to social landlords that they must deal with damp and mould as the serious hazards that they are, treat tenants with respect, and take their concerns seriously.”

In a statement, RBH said: “Everyone at RBH is driven by a desire to provide safe and comfortable homes we are proud of. Yet, mistakes have been made. We failed Awaab, his family and the community we serve.

“We would like to once again to express our deepest sympathies for the tragic loss of Awaab, and we will forever remain sorry to his family.

“Today’s announcement by the regulator recognises that failure and the mistakes we have made. We accept this judgement and we are already working closely alongside the regulator to address their concerns and meet their expectations.

“We now have a long road ahead of us to regain the trust and confidence of current and future tenants, Rochdale Council, the Rochdale community, and the Regulator.

“This journey has already begun. Our new Interim Chief Executive, Yvonne Arrowsmith, has a proven track-record of transforming housing providers, and has made it a priority to listen and respond to tenant feedback.

“A new Damp and Mould Taskforce has significantly accelerated remedial work. New translation tools are helping us better communicate with tenants. A £1.2m programme is underway to improve ventilation in every home on the Freehold Estate.

“Changes to the membership of the board have also started, and we can confirm that recruitment for new members, including a new Chair, will commence in January 2023.

“The board remain fully committed to RBH and to the safety and wellbeing of our tenants. Stability is crucial at this time, and therefore the current Board will remain in post whilst recruitment is underway so that an orderly transition and handover can take place with the new appointees in due course.

“To further support the governance of the organisation in this interim period, we are currently recruiting Special Advisors on Asset Management and Tenant Services, as well as a new Audit Chair.

“All new appointees to the board will be approved by our Representative Body, and the body will also be directly involved in the interview process, ensuring tenant voice is at the heart of these decisions.

“Awaab’s death is a defining moment for RBH – but also for the wider housing sector. Whilst it should never have taken a tragedy for change to happen, Awaab’s Law must be introduced to ensure there is lasting change.

“There are hard lessons to learn: process must never get in the way of people; tenant voice must always be valued; maintenance and property renewal should be prioritised; tenant safety must always be the first and foremost consideration.

“As we move forward, our priority is to continue delivering on our improvement plan as quickly as possible so that our homes are safe and comfortable. Under renewed leadership, RBH is determined to rebuild as an effective, responsive, and tenant-focused organisation that has mutuality at its heart.”