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Metropolitan Thames Valley Housing (MTV) (202445340)

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REPORT

COMPLAINT 202445340

Metropolitan Thames Valley Housing (MTV)

8 September 2025

 

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 the resident’s:
    1. Reports of damp and mould.
    2. Associated complaint.

Background

  1. The resident has an assured tenancy for a 2 bedroomed flat.
  2. The resident first reported damp and mould issues to the landlord in January 2023. The landlord inspected the property in February 2023. It said it found mould around a bedroom window and behind the wardrobe. It said the cause was likely due to condensation and it treated and painted the mould.
  3. On 25 October 2024 the resident made a complaint to the landlord. She said she has experienced damp and mould in the bedrooms every winter.
  4. The landlord issued its stage 1 response on 22 November 2024. In its response it said that:
    1. The resident had not reported any damp and mould issues since February 2023. Therefore it would treat this new report as an isolated incident.
    2. Following her complaint it inspected her property on 14 November 2024. It found mould in the main bedroom around the window. It agreed to treat the mould within 90 days.
    3. It did not uphold her complaint as it had not had the opportunity to complete any repairs.
    4. It would pay £25 compensation for its delayed complaint response.
  5. On 20 December 2024 the resident escalated her complaint because she said the mould was still growing and the landlord had not completed any works.
  6. The landlord issued its stage 2 response on 15 January 2025. It did not uphold the complaint as it said it was still within its target timescale to complete the works.
  7. The landlord treated the mould on 10 and 11 March 2025.
  8. The resident asked us to investigate her complaint as she said she wants to know the cause of damp and mould. She said she does not want to remain in the property if it is going to return every winter.

Assessment and findings

Damp and mould

  1. We find service failure for the landlord’s handling of the resident’s reports of damp and mould. The reasons for our findings are below.
  2. The landlord had a 90 calendar day timescale for non urgent repairs in place at the time of the resident’s complaint. Its damp and mould policy states it will monitor the effectiveness of any works and advice given over a 12 month period.
  3. The resident first reported damp and mould issues in her bedroom in January 2023. The landlord treated the damp and mould in February 2023. In her complaint the resident said she reported damp and mould during the winter of 2024 but the landlord failed to respond. Although we do not dispute this, we have not been provided with any evidence to show this. Due to the lack of evidence and the length of time that has passed, our investigation has considered the landlord’s handling of the damp and mould from the resident’s reports in October 2024.
  4. On 25 October 2024 the resident reported that the damp and mould had returned in the bedrooms. The landlord acted appropriately by carrying out a damp and mould inspection on 14 November 2024. Its records show it found mould on the main bedroom walls and around the window reveals. It said this was caused by condensation. It said the fact the heating was not being used and the radiator was covered by furniture was a contributing factor to this.
  5. There was no evidence the landlord discussed what it believed the cause of the damp and mould was with the resident. Even if a landlord believes occupancy factors are contributing to damp and mould, this does not mean the landlord has no responsibility. Landlords must take reasonable steps in partnership with residents in these circumstances, including considering improving ventilation or other appropriate measures. Such as providing guidance to residents as to how to manage condensation. As per the Ombudsman’s spotlight report on damp and mould, it is important for landlords to communicate in a manner that reflects a shared responsibility to tackle issues around condensation, which avoids residents feeling they have been unfairly blamed.
  6. The landlord was aware that the damp and mould was a recurring issue. It was reasonable to expect the landlord to draw from its previous records to ensure it had a holistic view of previous investigations and works. Instead, it opted to carry out a mould wash and treatment as it had done before. In the resident’s complaint she said the damp and mould was in both bedrooms. The landlord’s records show it only inspected the main bedroom in November 2024. This was a significant failing. The landlord failed to show they carried out sufficient investigations to understand the root cause of the problem.
  7. The landlord washed and treated the damp and mould on 10 March 2025. This was outside its target timescale of 90 calendar days. The evidence provided shows the landlord attempted to arrange an appointment with the resident several times in December 2024. The resident then cancelled an appointment booked in for 23 January 2025. The evidence shows the landlord tried to book in the works at the earliest opportunity and within its agreed timescales.
  8. In February 2025 the contactor couldn’t complete the works as they did not have the correct equipment or enough time to wash and treat both bedrooms. They rearranged the appointment which caused the resident distress and inconvenience. This could have been avoided had the landlord carried out a sufficient inspection of the property and maintained adequate records.
  9. If a landlord knows there is going to be a delay with a repair it must make an assessment of risk, looking at what impact the delay will have on the household. A landlord must consider loss of amenity and what interim measures could be considered and put in place. This could include dehumidifiers or support from local services. There is no evidence the landlord investigated or communicated with the resident about whether interim measures could have prevented the damp and mould from getting worse. It was unreasonable the landlord left the resident and her household living with the damp and mould for 3 months with no consideration of any interim measures.
  10. The resident told us the landlord often tried to contact her while she was at work. It is expected that repair works will cause some disruption to a resident. We have made a recommendation for the landlord to contact the resident and discuss her preferred methods of communication and record this correctly.
  11. The resident told us that she has not had any damp and mould issues since the works were completed but that she is concerned it will return during the winter months. The landlord is within the 12 month period set out in its damp and mould policy to investigate the effectiveness of its works. We have ordered the landlord to arrange a post inspection with the resident.
  12. The resident told the landlord her furniture and belongings had been damaged by the damp and mould. The landlord failed to address this in its complaint responses. We do not make orders of compensation in the way that a court may order a payment of damages. We also do not look at claims the way an insurance provider would, or award financial redress for damage to items which should be covered by insurance. We have ordered the landlord to discuss this further with the resident.
  13. In summary the landlord acted on the resident’s reports and carried out a damp and mould survey. However, it failed to show it carried out sufficient investigations into the cause of the damp and mould. There was also evidence of poor communication and record keeping. The landlord failed to show that it provided appropriate support. Although there was a delay in it completing the remedial works, the resident’s availability for appointments contributed to this. There was also no evidence it responded to the resident’s concerns about the damage to her belongings.
  14. The landlord failed to acknowledge these failings in its complaint responses. We have ordered the landlord to apologise to the resident and pay her £200 compensation for the distress, inconvenience, time and trouble caused. We have also ordered the landlord to arrange a post inspection of the property. As part of this inspection it must assess whether there is adequate ventilation in the property, discuss the cause of the damp and mould with the resident, and assess its position regarding the damage to her belongings. Although the resident has said there are no damp or mould issues showing at the time of this report, a damp specialist should be able to identify any property condition issues which could result in the damp and mould returning during colder months.

Complaints handling

  1. We find reasonable redress for the landlord’s handling of the resident’s associated complaint. The reasons for our findings are below.
  2. The landlord’s complaints policy states it will respond to complaints in line with our complaints handling code (the Code). The Code states a landlord should acknowledge a complaint within 5 working days, respond to stage 1 complaints within 10 working days, and stage 2 complaints within 20 working days.
  3. On 25 October 2024 the resident made a complaint to the landlord. The landlord acknowledged the complaint on 31 October 2024, which was within its 5 working day timescale.
  4. The landlord issued its stage 1 response on 22 November 2024. This was outside its target timescale of 10 working days. However, the landlord did contact the resident on 12 November 2024 to give reasons for the delay and extend its response timescale.
  5. The resident escalated his complaint on 20 December 2024. The landlord failed to provide evidence it acknowledged this in writing.
  6. The landlord issued its stage 2 response on 15 January 2025. This was within its target timescale of 20 working days.
  7. In summary there was a delay in the landlord’s stage 1 response and there was no evidence it acknowledged the resident’s request to escalate her complaint. The landlord did notify the resident of the delay and responded within the timescale given. The £25 compensation offered was sufficient for the time and trouble caused to the resident. A recommendation has been made for the landlord to pay this compensation to the resident if it has not already done so.

Determination

  1. In accordance with Paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s reports of damp and mould.
  2. In accordance with Paragraph 53.b of the Housing Ombudsman Scheme, there was reasonable redress in the landlord’s handling of the resident’s associated complaint.

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this report the landlord must:
    1. Apologise to the resident in writing for the failings identified in this report.
    2. Confirm in writing to the resident its position regarding her reports of damaged goods, including signposting to any relevant insurance process.
    3. Pay the resident £200 compensation for the distress, inconvenience, time and trouble caused to the resident by the landlords handling of her reports of damp and mould. This compensation should be paid directly to the resident and not paid onto their rent account. Unless the resident requests this.
    4. Ensure that a suitably qualified person inspects the property. As part of this inspection the landlord is to:
      1. Assess whether there are any property condition issues which could result in the damp and mould returning in colder months.
      2. Assess whether there is adequate ventilation in the property.
      3. Discuss the cause of the damp and mould with the resident. This should include providing support and advice to her on how to manage condensation in her home.
      4. Share the results of the inspection with the resident and this service. This must be in writing and include timescales for any works identified.

Recommendations

  1. The landlord should contact the resident and discuss her preferred method of communication and ensure this is recorded correctly.
  2. The landlord should pay the resident the £25 compensation offered in its stage 1 response if it has not already done so.