Peabody Trust (202445643)

Decision
Case ID	202445643
Decision type	Investigation
Landlord	Peabody Trust
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	17 October 2025

Background

1. The resident lives in a 2-bedroom flat which is located within a wider block. The resident has been reporting damp, mould and condensation within the property since January 2024. The resident asked us to investigate as they felt the condition of the property had not improved despite the landlord conducting repairs.

What the complaint is about

2. The resident’s complaint it about the landlord’s handling of damp and mould in the property.
3. We have also investigated the landlord’s complaints handling.

Our decision (determination)

4. We have found that:
   1. There was maladministration in the landlord’s handling of damp and mould in the property.
   2. There was a service failure in the landlord’s handling of the complaint.
5. We have made orders for the landlord to put things right.

Summary of reasons

The landlord’s handling of the damp and mould:

6. It took the landlord a significant amount of time to adequately address the damp and mould, and it did not make arrangements to mitigate or limit the damp and mould while it completed roof repairs. Additionally, the landlord did not appropriately prioritise damp and mould work when it learnt there was a young child in the property and that the resident was pregnant.

The landlord’s complaints handling:

7. There were delays in the landlord escalating the resident’s complaint.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Order	What the landlord must do	Due date
1	Within 4 weeks the landlord must pay the resident £450 made up as follows: £350 for its handling of damp and mould in the property. £100 for its complaints handling. This must be paid directly to the resident by the due date. The landlord may deduct the £250 it previously offered, if this has already been paid to the resident. The landlord must provide documentary evidence of payment by the due date.	No later than 14 November 2025

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our recommendations
Once the repairs have been completed the landlord should check with the resident to see if they have been successful in preventing mould growth.

Our investigation

The complaint procedure

Date	What happened
13 January 2025	The resident raised their complaint about damp and mould in the property. They said the presence of damp and mould was causing them distress and concern for the health of their child and unborn baby.   The resident said they were frustrated that the landlord had not addressed why there was damp and mould in the property, and that they had to chase the landlord for updates.
3 February 2025	The landlord sent its stage one response. It said: It had begun damp and mould works in January 2024, but it paused the repairs until it had completed works to the communal roof. It completed the roof repairs on 14 March 2024 It had conducted inspections to the property on 13 November 2024 and 12 December 2024. It apologised that it had not progressed the required repairs after these inspections. Following an inspection on 16 January 2025 it linked the damp and mould to excessive moisture in the property.  It provided the resident with advice for reducing moisture and committed to conducting repairs. It said it could not transfer the resident to a different property as it had a shortage of homes. It offered the resident compensation of £150, broken down as: £100 for the resident’s distress and inconvenience. £50 for its delay in providing a stage one response.
11 February 2025	The resident escalated their complaint as they were concerned about the impact of damp and mould exposure on their unborn child. The resident said they felt the landlord was not taking urgent action and its communication was poor.
19 May 2025	The landlord sent its stage 2 response. It said: It had upheld the complaint as there were delays in it completing damp and mould works. It had conducted works recommended during the 16 January 2025 inspection, and following a post-works inspection it had arranged additional repairs. It said it would continue to monitor the progress of the repairs. It offered the resident compensation of £200, broken down as: £200 for the resident’s distress and inconvenience. £50 for its delay in providing a stage one response.
11 June 2025	The resident brought their complaint to us as they felt the condition of the property had not improved.

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

Complaint	The landlord’s handling of damp and mould in the property
Finding	Maladministration

What we have not considered

8. The resident has cited concerns about the medical impact that exposure to damp and mould has had on them, and their children. We are unable to say what has caused an illness or injury. Such matters require a decision by a court or through an insurance claim. The resident may wish to seek independent legal advice if they wants to pursue a claim for the reported impact on the family’s health.

What we have considered

9. The landlord’s damp and mould policy says it will work with residents to resolve damp, mould and condensation issues. It commits to communicating with residents in a compassionate manner and to ensure that residents receive regular and timely updates.
10. The landlord’s repairs policy says it will aim to complete non-urgent repairs within 28 days. It will aim to complete major repairs within 60 days. It may prioritise repairs if a resident is vulnerable or in need of assistance.
11. Section 11 of the Landlord and Tenant Act 1985 places a legal duty on landlords to make full, effective and lasting repairs once it becomes aware a repair is required.
12. When a resident reports concerns about damp and mould we expect landlords to conduct investigative work to try and identify the root causes behind the damp and mould. In this case, after the resident reported concerns about damp and mould on 5 January 2024, the landlord believed the issues were linked to ongoing repairs to the building’s communal roof. It was positive that the landlord considered this.
13. The landlord decided to pause repairs to the resident’s property, as it felt any damp and mould repairs would not be effective unless the roofing issues had first been addressed. This decision would have been reasonable had the landlord considered the impact pausing the works would have on the resident. It would have been reasonable for the landlord to take steps to reduce the impact of the damp and mould that was already present during this time. The landlord could have provided the resident with dehumidifiers in an aim to reduce moisture in the property and prevent further mould growth. By leaving the mould untreated until the roof works had completed the resident would have experienced distress, and it could have allowed for further growth of damp and mould. This was unreasonable.
14. The landlord completed the roof repairs on 14 March 2024, and the following day it conducted a mould wash. The timing of this work was appropriate when considering the delays the resident had experienced.
15. On 21 October 2024 the resident told the landlord that the mould had grown back. On 13 November 2024 a damp and mould inspection occurred, this was in line with policy. The surveyor noted there was significantly less mould in the bedroom which had an air vent, so they recommended that additional air vents should be installed and that the mould should be cleaned.
16. The resident chased the landlord on 24 December 2024 as they hadn’t heard anything about further damp and mould repairs. This was a month after the surveyor’s visit. It would have been reasonable for the landlord to follow up on the surveyor’s recommendations and explain to the resident how and when it planned to conduct the recommended works. The resident chased the landlord again on 2 January 2025, and they cited concerns about the health of their child and unborn child. The resident chasing the landlord, and raising concerns about the children indicated that they were distressed and seeking resolution.
17. The landlord should have prioritised its response to the damp and mould after learning this, as young children can be more susceptible to the effects of damp and mould. This would have been in line with its repairs policy which makes provisions for prioritising repairs for vulnerable tenants.
18. The landlord conducted a damp and mould inspection on 16 January 2025 and found severe and widespread mould in the property and that there were high levels of condensation.
19. In its stage one response the landlord said the damp and mould was linked to moisture in the property, and it advised the resident on how they could reduce moisture levels. The landlord did not detail when it would conduct repairs and what the repairs would be. Instead, it committed to conducting repairs in line with the 16 January 2025 inspection, and it did not outline when the repairs would happen. This response could have been improved if the landlord was clear on what repairs it would conduct and when it would do so.
20. However, the landlord did make improvements in its stage 2 response. It said it had assigned a contractor to conduct additional works, and the contractor would be in touch with the resident within a week. A mould wash was conducted 11 days after the stage 2 response, and new extractor fans were installed 16 days after the stage 2 reply. This was timely and appropriate.
21. The resident has told us that recently the mould issues in the property have significantly improved, but they are still concerned that mould will come back during the winter months.
22. Evidence from the landlord shows after the stage 2 reply it prioritised works due to the resident having a new-born baby. It completed the following works:
    1. Replaced the resident’s kitchen units which had been damaged by mould.
    2. Replaced grouting.
    3. Completed re-sealing works.
    4. Removed damaged wallpaper and treated mould.
    5. Replaced the kitchen extractor fan.
23. The improved condition of the property is a positive development, and it is appropriate that the landlord has adapted its approach to meet the family’s requirements. However, the landlord should have acted in this manner at an earlier stage. This could have prevented some of the distress the resident experienced.
24. In its complaint responses the landlord offered the resident £150 for the distress and inconvenience they had experienced. Under the landlord’s policy £150 is to be offered when a resident experiences short to medium term disruption. This amount was not sufficient when considering the length of time during which the resident was living with damp and mould, and that they repeatedly cited concerns about their family’s health.
25. While there have been improvements in the landlord’s handling of the damp and mould, we have found that maladministration occurred after considering:
    1. The time it has taken to rectify the damp and mould in the property.
    2. The landlord did not make arrangements to mitigate or limit the impact of the damp and mould while it completed the roof repairs.
    3. The landlord should have prioritised the works due to the resident being pregnant and having young children at an earlier stage.
    4. The compensation offered at stage 2 was not sufficient in the circumstances.

Complaint	The landlord’s handling of the complaint.
Finding	Service failure

26. The landlord’s complaints policy outlines the timescales in which it will respond to a complaint. The landlord commits to acknowledging complaints within 5 working days, and to provide its stage one response within 10 working days of the acknowledgement. If the resident wishes for their complaint to be escalated to stage 2, the landlord will acknowledge this request within 5 working days and provide its response within 20 working days of the acknowledgement.
27. The landlord provided its stage one response 11 working days after it acknowledged the resident’s complaint. This was one working day outside of the timescales in the landlord’s policy. The landlord acknowledged there were delays at stage one and it offered the resident £50 in compensation. The landlord provided the resident with a generous level of redress on this occasion.
28. The resident escalated their complaint on 11 February 2025, and the landlord acknowledged this 64 working days later on 13 May 2025. The landlord apologised for this delay when it acknowledged the complaint, but it did not offer the resident compensation. This was unreasonable, particularly as the delay at stage 2 was significantly longer than the delays experienced at stage one.
29. Due to the delays at stage 2 we have found that a service failure occurred. An order has been made for the landlord to pay an additional £50 in compensation. We believe £100 in compensation is a reasonable amount for the overall 65 working days delay the resident experienced.

Learning

30. When the landlord is unable to begin remedial works straight away it should consider what measures it can take to mitigate the impact of damp and mould.

Knowledge information management (record keeping)

31. In this case there were not any record keeping concerns, and the landlord provided relevant documents within our requested timescales.

Communication

32. When the landlord refers to planned works in its complaint responses it should try and include details of the works and the timescales it is working towards.