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Dacorum Borough Council (202442661)

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REPORT

COMPLAINT 202442661

Dacorum Borough Council

18 August 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:
    1. Repairs to address the resident’s report of damp and mould in the property.

Background

  1. The resident is a joint tenant of the landlord under a flexible tenancy that commenced on 9 August 2019. The landlord is a council. The property is a 2 bedroom ground-floor flat in a purpose-built block.
  2. The resident’s neighbour contacted the landlord on 14 July 2023 to advise of an issue with the guttering in the block that had been replaced previously and was a smaller size than before. It was reported that this was causing issues during heavy rainfall as water was flowing out from the corner of the guttering straight onto the ground rather than into the drain. The landlord’s internal email of 24 July 2023 evidenced that the reported issue was from both the neighbour and the resident. There was a gap in the landlord’s repair records for the resident’s property between this time until it raised a works order on 27 September 2024 to do a mould wash in the bedrooms, kitchen and living room.
  3. The resident raised a complaint on 27 November 2024. He advised of a continuing problem with damp and mould in the property. He said several contractors had visited and a supervisor had advised him of possible rising damp and a potentially defective damp proof course. He said that despite the landlord completing mould washes the problem remained. He said that the damp and mould was impacting on his family’s health.
  4. The landlord issued a stage 1 complaint response on 11 December 2024. It said:
    1. It had raised a works order on 17 October 2024, and its contractor was to complete work to the property on 27 November 2024. This included work to the internal and external windows to check the seals and refix loose bricks. It also included silicone around the bath and a mould wash in the bedrooms and behind the kitchen appliances. After 2 no access visits, it had rearranged the work to 17 December 2024. It said its damp and mould surveyor would also visit on 20 January 2025.
    2. It upheld the resident’s complaint due to the delays in completing the work.
  5. The resident asked the landlord to escalate his complaint to stage 2 of its complaints process on 17 December 2024. As a remedy the resident requested that the landlord investigate using a damp meter and to fix the problem. He said that his belongings had been destroyed including a chest of drawers, wardrobe and children’s toys. He also requested rehousing.
  6. The landlord issued its final complaint response on 20 January 2025. It upheld the resident’s complaint due to the amount of time he had to wait for repairs to be completed, and the inconvenience caused. It said that its stage 1 complaint response had not explained the reasons for the damp and addressed the underlying cause.
  7. The resident remained dissatisfied with the landlord’s response, and he referred his complaint to us on 4 April 2025. As a remedy the resident requested compensation for the damage to his carpets and furniture and to be rehoused.

Assessment and findings

Scope of the Ombudsman’s investigation

  1. The resident referred to the impact of the landlord’s actions regarding the damp and mould on his family’s health. The Ombudsman is unable to draw conclusions on specifically how the resident’s family’s health may have been affected by any errors made by the landlord. Claims of personal injury ultimately, are better suited for courts or liability insurers to decide. The Ombudsman can however consider the overall detriment, inconvenience and time and trouble experienced by the resident due to a landlord’s failings as well as the landlord’s response to the resident’s concerns about his family’s health.
  2. The resident reported that he had notified the landlord of damp and mould 5 year’s previously and the landlord’s repair records do indicate that some work was completed at that time. However, there is a gap from 2020 until the neighbour’s report of an issue with the guttering in July 2023. The resident’s subsequent damp and mould report in his property was made to his landlord over a year later in September 2024 when a works order was raised on 27 September 2024. The resident raised his complaint on 27 November 2024.
  3. For the avoidance of doubt this investigation focusses on the period from July 2023 when the initial reports concerning the guttering were raised to the date of the landlord’s final complaint response of 20 January 2025.
  4. The resident made a request for rehousing to the landlord in his complaint escalation to the landlord on 17 December 2024; however, this did not form part of the resident’s original complaint to the landlord. The resident also mentioned to us that he was seeking rehousing as a remedy. It is not clear whether the resident has made a housing transfer application with the landlord, and he may wish to do this if he has not done so already. If he is not satisfied with the landlord’s handling of his housing transfer application, he may wish to raise a separate complaint about this.

The landlord’s handling of repairs to address the resident’s report of damp and mould in the property

  1. The landlord’s records do not give a date when the resident initially reported the guttering. However, it is reasonable to conclude that the landlord was aware of an actual or potential issue involving the resident’s property from the landlord’s internal email of 24 July 2023. It is not clear from the landlord’s records what work, if any, was completed at this point to the guttering or to the resident’s property as the neighbour had said that someone had come out, but no work was completed. There was a long gap in the landlord’s records for the resident’s property from this date until 27 September 2024 when it raised a works order that was marked completed on 20 October 2024. From the evidence we have seen, the date of the landlord’s responsibility to investigate is taken to be from July 2023. This is inferred by the landlord’s specific reference to the resident’s property from this time. The landlord’s record keeping was therefore insufficiently robust.
  2. As set out in our Spotlight report on Knowledge and Information Management (May 2023) and follow up report (January 2025), without good knowledge and information management, a landlord cannot adequately understand its own housing stock and proactively monitor the completion of repairs. The landlord should review its self-assessment of its knowledge and information management if it has not already done so to improve its record keeping practices.
  3. The landlord’s repairing responsibilities are set out within the written tenancy agreement and the implied terms in Section 11(1)(c) of the Landlord and Tenant Act.
  4. What is a reasonable time will depend on all the circumstances of a case. The landlord’s damp, condensation and mould policy states that it will inspect the property either within 48 hours (for urgent cases) or within 7 days. It will prioritise vulnerable people including households with children under the age of 5. It will complete remedial works within a reasonable timescale. Its general repairs policy states that it will complete non-urgent repairs within 20 working days unless specialist materials are required.
  5. The landlord’s records indicate that its surveyor inspected the property on 9 October 2024, and it raised works orders on 17 October 2024. There was a delay in the inspection being completed which was outside of the landlord’s policy timescale. This was inappropriate. Work to complete a mould wash in the bedrooms, kitchen and bathroom and to apply silicone around the bath was marked as completed on 27 November 2024. However, according to the landlord’s stage 1 complaint response of 11 December 2024, this work was cancelled due to no access and then rearranged for 17 December 2024.
  6. Some work such as the mould wash and silicone work was completed on 17 December 2024. The landlord’s contractor noted at the time that the front bedroom wall was very damp with damp coming up through the floor and that this could be due to the damp proof course failing.
  7. The landlord’s later survey did not happen until 20 January 2025, though the landlord did advise the resident of the planned date of inspection in its complaint responses. Despite this, it is not known why it took the landlord 6 weeks to arrange a visit from the date it told the resident that it would inspect in its stage 1 complaint response of 11 December 2024. This was again outside of the landlord’s policy timescales. The landlord also needed to consider whether an earlier visit was needed following the resident’s concerns for his family’s health completing an appropriate risk assessment. There is no evidence that this happened which was inappropriate.
  8. Whilst the landlord did some work to clean the mould, replace the silicone, and repoint the damp proof course and to install a French drain, all of which was reasonable to do, this did not address the wider guttering issue. The landlord’s incomplete records did not give a completion date for the installation of the French drain.
  9. In terms of the guttering, though the landlord was clearly aware of the guttering issue in July 2023, as mentioned there is no record that any work was completed at that time. It took the landlord almost a year and a half to organise some quotes between 29 October 2024 to 4 November 2024 to jet wash the gutters and to complete a CCTV survey which was unreasonably delayed. There was evidence of a dispute concerning the quality of the original work to replace the guttering. This could cause some delay but there is no evidence of communication with the resident about why work was delayed which was inappropriate. This was still an excessive delay.
  10. The exact date of the original guttering replacement work is not clear from the landlord’s records again evidencing record keeping issues. However, the landlord said in its internal email of 14 April 2025 that it took place between 2023 to 2024. The landlord also referred to some work that its contractor had completed in November 2024 asking its contractor on 25 February 2025 whether it had been completed satisfactorily.
  11. It is not clear from the landlord’s records whether this work was to complete a high-pressure jet wash of the guttering as the landlord had received a quote for this. As the landlord asked this question, this evidenced that it had not post-inspected the work to satisfy itself of the quality of work completed. The landlord also noted that the issues had been “going on for years”. It was inappropriate for the landlord not to have checked the work itself.
  12. The landlord raised further works orders on 22 January 2025 following its surveyor’s visit on 20 January 2025. This involved completing mould washes, replacing silicone and installing air vents. This was marked completed on 20 February 2025, though for the air vents there was a further completion date of 20 April 2025. It is not clear why the air vent work was delayed or whether this was communicated to the resident as would be expected.
  13. It was also not clear from the landlord’s records whether the landlord had kept the resident updated regarding the guttering work. The lack of follow up and communication with the resident was inappropriate. Landlords must ensure that residents are updated of inspection outcomes, planned works, and any delays. Follow-up visits and aftercare should be scheduled to confirm that issues have been resolved.
  14. Our Spotlight report on damp and mould – it’s not lifestyle (October 2021) and follow up report (February 2023) gives several recommendations to improve a landlord’s response to damp and mould issues. The landlord should review its policy considering these recommendations. It should pay particular attention to the recommendations relating to good knowledge and information management in managing damp and mould cases across their properties to prevent the failings identified from recurring.
  15. Following the landlord’s final complaint response of 20 January 2025, the evidence shows that the damp and mould issues were not resolved to the date of this determination. The landlord’s internal email of 21 March 2025 asked for a plan of action regarding the damp. A further surveyor’s visit took place on 8 May 2025 identifying that it was “at risk” following its damp meter readings.
  16. At some point (not noted in the landlord’s records) after this the resident told us that the landlord temporarily moved him and his family into a hotel. It also offered the resident in an email of 23 May 2025 £600 compensation, and it offered to pay for new carpets. The landlord’s records indicate that the guttering works are due to be completed on 26 September 2025. The landlord has provided us with some photographs from 28 July 2025 showing some work being completed internally to the property though a potential root cause of the damp and mould is yet to be completed.
  17. The landlord’s complaint handling response timeframes were generally acceptable. It also admitted failings had occurred and that there had been delay in completing work to fix the damp and mould issues in the property. However, the complaint responses lacked a suitable apology after recognising that failings had occurred.
  18. Where there are admitted failings by a landlord, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In doing so, the Ombudsman considers whether the redress was in accordance with the Dispute Resolution Principles of: Be fair, put things right and learn from outcomes.
  19. The landlord recognised the delays in its complaint response; however, it failed to consider at that time, the resident’s report of damage to his belongings such as the furniture and children’s toys. It would have been appropriate for the landlord to consider referring the resident to make a claim on its insurance policy in line with its compensation policy. There is no record that this happened which was inappropriate. The landlord’s compensation policy says that a resident can claim on the landlord’s insurance policy where there is a complaint and that the landlord has been responsible for this. In order to put this right, an order has been made for the landlord to provide the resident with details of how to make an insurance claim.
  20. There was also a lack of recognition on the impact of the property’s condition on the resident and his family over this extended period. The resident described to the landlord and to us his concerns for his family’s health. The resident told the landlord in his complaint escalation request of 17 December 2024 that due to these understandable concerns he and his family were all sharing a bedroom. This will likely have caused considerable distress and inconvenience and yet the landlord continued to delay its investigations into why the damp and mould was continuing and to address any underlying causes in a timely manner, such as the guttering.
  21. The landlord also failed to consider any compensation in respect of the delayed work to remedy damp and mould in the property until after the end of its internal complaints process when it offered £600 compensation. Under its compensation policy the landlord can consider compensation when there is a failure to follow its own policies and procedures, or service failure as was the case here. It also failed to recognise the detriment caused to the resident or his concerns regarding his family’s health. According to the landlord’s compensation policy it can award £50 to £100 for minimal impact and short duration, £100 to £600 for no permanent impact, £500 to £1000 for significant impact or £1000+ for severe long-term impact – serious failings and a seriously detrimental impact. The Ombudsman considers that the £600 compensation offered does not adequately address the landlord’s failings and the detriment caused to the resident as a result.
  22. From the initial report of the guttering issues being made on 14 July 2023 and damp and mould issues impacting the resident’s property it has taken the landlord over 2 years (109 weeks) to the date of this determination to provide any lasting solution which is unreasonable. It is also against the landlord’s policy and repairing obligations. The Ombudsman considers that these issues combined amount to severe maladministration for which orders have been made.
  23. The landlord was charging £137.01 rent per week for the property. The resident’s use of one of the bedrooms was impacted due to the damp levels, meaning that the resident and his family were sleeping in one bedroom. There are 5 habitable rooms in the property including the lounge, 2 bedrooms, kitchen and bathroom. To calculate a fair level of compensation, a figure of 20% of the rent for the bedroom that was not in use has been used. This has been calculated over 106 weeks allowing the 20 working days (3 weeks) for the landlord to carry out repairs as per its policy (£27 per week x 106 weeks). This gives a figure of £2,862 compensation to reflect the loss of use of the bedroom. This is consistent with our guidance on remedies, where severe maladministration has been found. A further £400 has been awarded to recognise the distress and inconvenience, and time and trouble caused to the resident by the landlord’s failings. This results in a total compensation order of £3,262.
  24. In order to put things right, we have made orders for the landlord to inspect the property using appropriate equipment. The landlord is to provide a copy of its inspection report to the resident and to us. We have also ordered the landlord to complete a senior management review of this case and to provide a copy of the review outcome and action plan to the resident and to us.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was severe maladministration in respect of the landlord’s handling of repairs to address the resident’s report of damp and mould in the property.

Orders and recommendations

Orders 

  1. Within 4 weeks of the date of this report, the landlord is ordered to issue a written apology to the resident from a senior leader. It should send a copy of this to us.
  2. Within 4 weeks of the date of this report, the landlord is ordered to pay the resident £3,262 in compensation (inclusive of the £600 previously offered). This comprises £2,862 in respect of the delays in fixing the damp and mould issues in the property and £400 to recognise the distress and inconvenience and time and trouble caused to the resident by the landlord’s failings.
  3. Within 4 weeks of the date of this report, the landlord is ordered to provide details to the resident of how he can make an insurance claim in line with its compensation policy, if it has not already done so, regarding the resident’s report of damaged furniture and toys.
  4. Within 4 weeks of the date of this report, the landlord must carry out an inspection of the resident’s property using appropriate equipment, such as damp meters, to confirm whether the work completed has reduce the level of damp in the property. It must also provide a copy of this inspection report along with written confirmation of any further works required along with the expected completion dates to the resident and to us also within 4 weeks of the date of this report.
  5. Within 6 weeks of the date of this report, the landlord is ordered to carry out a senior management review of this case to identify why the failings have occurred and to consider learning that can be used to prevent similar failings from happening. The landlord must send a copy of its review outcomes and action plan to the resident and to us within this timeframe.

Recommendations

  1. It is recommended that the landlord review its self-assessment of its knowledge and information management based upon the recommendations set out in our Spotlight report on Knowledge and Information Management (May 2023) and follow up report (January 2025) to improve its record keeping practices.
  2. It is recommended that the landlord review its self-assessment of its response to damp and mould considering the recommendations set out in our Spotlight report on damp and mould – it’s not lifestyle (October 2021) and follow up report (February 2023), if it has not already done so. It should use this to review its damp and mould policy to prevent similar failings from occurring.