London Borough of Hounslow (202503006)
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Decision |
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Case ID |
202503006 |
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Decision type |
Investigation |
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Landlord |
London Borough of Hounslow |
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Landlord type |
Local Authority / ALMO or TMO |
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Occupancy |
Secure Tenancy |
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Date |
29 October 2025 |
Background
- The resident lives in a 2-bedroom ground floor flat. The landlord has said it did not have any vulnerabilities for the resident recorded on its systems. However, the landlord’s records show the resident told it that she had cancer, which she was receiving chemotherapy for.
What the complaint is about
- The complaint is about the landlord’s response to the resident’s reports of:
- Damp and mould in her property.
- A water leak in her kitchen.
- We have also assessed the landlord’s complaint handling.
Our decision (determination)
- There was severe maladministration in the landlord’s response to the resident’s reports of damp and mould in her property.
- There was maladministration in the landlord’s response to the resident’s reports of a water leak in her kitchen.
- There was service failure in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
Response to reports of damp and mould
- The landlord acknowledged some of its failures and offered the resident compensation. However, we have found additional failures by it that it did not recognise:
- Failure to consider the resident’s vulnerabilities which it was aware of. There is no evidence that it acted to support the resident after she had reported to it that her health had worsened due to damp and mould in her property.
- There is no evidence that it completed all the repair works recommended by an independent expert surveyor. It also did not provide the resident with a breakdown of repair works or a timeline for it completing them.
- The repair works that the landlord did complete took significantly longer than its target timescale. There is no record that the landlord has resolved the issue, and the resident has reported that damp and mould is still present in her property.
Response to reports of a water leak
- There is no evidence that the landlord investigated the cause of the leak to the resident’s kitchen roof, despite being made aware of this by an independent expert surveyor’s report. When it raised some repairs for her kitchen roof, it did not complete this repair within the timeframe of its repairs policy.
Complaint handling
- The landlord did not meet the timescales set out in its complaint’s policy to provide the resident with its response at both stages. It did not provide her with a response to all the issues she raised with it when she escalated her 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.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order
The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 26 November 2025 |
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2 |
Compensation order
The landlord must pay the resident £1,400 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. |
No later than 26 November 2025 |
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3 |
Inspection order
The landlord must contact the resident to arrange an inspection of her property. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by a suitably qualified person. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that the surveyor:
The survey report must set out:
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No later than 26 November 2025 |
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4 |
Starting the works
The landlord must take all steps to ensure the damp and mould works are started no later than the due date. If the landlord cannot start the works in this time, it must explain to us, by the due date:
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No later than 26 November 2025 |
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5 |
Recording the resident’s vulnerabilities
The landlord must ensure that it records the resident’s vulnerabilities on its systems and update its records accordingly so it can take them into consideration when responding to her, in line with its policies, it must provide evidence of this by the due date. |
No later than 26 November 2025 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
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Our recommendations |
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The resident told the landlord she did not want it to decorate her kitchen as the paint would not match her colour scheme. We recommend that the landlord considers providing the resident with paint that matches her colour scheme or a decorating allowance so she can purchase this herself. |
Our investigation
The complaint procedure
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Date |
What happened |
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11 July 2024 |
The resident raised her complaint to the landlord. She said:
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23 August 2024 |
The landlord sent the resident its stage 1 response. It said:
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02/10/2024 |
The resident contacted the landlord to escalate her complaint. She said:
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07/11/2024 |
The landlord sent the resident its stage 2 response. It said:
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Referral to the Ombudsman |
The resident referred her complaint to us on 23 April 2025. She said:
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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.
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Complaint |
Damp and mould |
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Finding |
Severe maladministration |
What we did not investigate
- The resident raised concerns about the impact on her health. While the Ombudsman empathises, health-related claims are best addressed by the courts, where independent medical experts and oral testimony can be properly considered. We can consider whether the landlord should pay compensation for distress and inconvenience in line with our remedies guidance.
- When investigating a complaint about a landlord, this Service will consider the response of the landlord as a whole and will comment on the actions of individuals only in so far as they are acting on behalf of the landlord. Therefore, if the actions of an individual member of staff give rise to a failure in service, our determination and any associated remedies would be made against the landlord rather than the individual.
What we did investigate
- Section 11 of the Landlord and Tenant Act 1985 creates an implied term in tenancy agreements that a landlord must carry out certain repairs. This places a statutory obligation on the landlord to keep in repair the structure and exterior of the property. The law says that a landlord should repair a housing defect ‘within a reasonable amount of time.’ This is not specific but depends on the circumstances and levels of urgency.
- The landlord’s damp and mould self-assessment says it will identify any vulnerable residents who it may need to move to temporary housing where it needs to complete extensive repairs.
- The landlord’s evidence shows an independent expert completed a survey of the resident’s property on 8 June 2023, as part of a legal disrepair claim the resident had brought against it. The settlement her solicitor put to the landlord on 18 September 2023, was for it to pay damages and to complete the repair works suggested by the independent expert’s report. The resident’s solicitor confirmed to her on 26 April 2024 that the matter was concluded. The resident told us that this claim was settled before court proceedings began. As the courts did not consider the matter, we are able to investigate this element of the complaint.
- There is no record in the landlord’s evidence that it contacted the resident to discuss the next steps following the settlement of the disrepair claim. Although its records show it combined the repairs the independent surveyor had recommended into 1 repair job, there is no record that it told the resident of this. This was not reasonable, and it should have considered providing her with a breakdown of the repairs it intended to complete, along with a clear timeline for them.
- The landlord completed a repair visit to the resident’s property on 9 February 2024. Its records show this job was titled “disrepair case” and all the works per the independent surveyor’s report were “to be supervised and signed off on post inspection within 56 days. “It is unclear if it told the resident of its planned timeframe for completing its repairs. Its records show that it arranged 15 further repair visits under the same job number between 4 March and 19 November 2024, when its surveyor noted the “disrepair complete.” It is unclear from the landlord’s records when it raised this repair job. However, it was 199 working days from its first repair visit to its surveyor saying the repairs were complete. This was 143 working days over the timeframe it set out in its repair records to complete the work. There is no record that it explained the reasons for the delay with the resident. This was not reasonable and a failure by it to follow its statutory obligations to complete a repair within a reasonable amount of time.
- The landlord’s records show the resident told it she had been diagnosed with cancer on 9 December 2021, 14 April 2023, 11 July 2024, and 2 October 2024. However, there is no record in the landlord’s evidence that it took her vulnerabilities into consideration or made any adjustments to the service it provided her such as flexible appointment times or prioritising the repairs. This was a failure by the landlord to follow its repairs policy which says vulnerable tenants need extra consideration and support in the delivery of services.
- We acknowledge that the landlord had difficulties accessing the resident’s property. However, there is no record it gave the resident advance notice of its repair visits or that it considered if it needed to temporarily move her, due to her health issues. This was a record keeping failure and it has not demonstrated it followed the action set out in its damp and mould self-assessment.
- When the resident raised her complaint, she told the landlord that she had been coughing up a black substance. Her doctor said that she had a fungal infection and mould on her lungs. However, there is no record that the landlord acted with any urgency to investigate the issue further at this point, which was not reasonable. When she escalated her complaint, she told it the issue was affecting her mental health, and she had anxiety and depression. Its stage 2 response said it understood the impact the repair issues had on her health, and it took the welfare of its residents’ seriously. However, there is no record that it acted to support her welfare other than its healthy homes visit. This was unreasonable and its failure significantly damaged trust in the landlord/tenant relationship.
- The landlord failed to maintain effective communication with the resident throughout this case. The evidence shows on 17 July 2024 she provided it with a letter from the hospital which confirmed she had been diagnosed with mould on her lungs, which also asked it to provide her with support. Despite this, there is no record that the landlord acted on this or provided her with regular updates on its repairs, and she had to spend time chasing it for information and progress. These communication failures worsened the situation, increased the impact on her, and further damaged the relationship between the parties. It was also a failure to follow its repairs policy which says it will provide an excellent service and is responsive to residents’ needs. This was unreasonable given her health issues and would have caused her unnecessary distress.
- Despite the landlord’s repair records saying it would complete all repairs the independent expert surveyor recommended, there is no record that it raised the following repairs:
- Replace the plasterboard in the bedroom and redecorate, as a water leak in her bedroom was likely to be from the flat above hers.
- Service the boiler to ensure it heated the property adequately.
- Reduce the ceiling height in the property or replace the radiators as they were undersized and did not heat the property adequately.
- Replace the rotten soffits and fascia.
- Repoint brickwork as there were holes in the walls around the pipes.
- Install an extractor fan in the bathroom.
- The landlord’s stage 2 response arranged for it to inspect her property so it could identify what repairs from the independent experts survey it still needed to complete. This was reasonable as a remedy to resolve the repair issues. Its inspection found it needed to overhaul the kitchen extractor fan, clear the kitchen roof and gutter, repoint around a window and check the pipework in the flat above hers. It also recorded there was high humidity in the property but no damp penetration. However, there is no record that it raised or completed these repairs. This is a concern given the seriousness of the issue and was a record keeping failure.
- The resident has told us that the landlord completed repairs to her hallway and bathroom to a good standard. It had fitted new radiators in her property, per the independent surveyor’s recommendations. However, it is unclear why it did not complete all the repairs the expert surveyor recommended to resolve the issue, despite its repair records saying it would do this. This was unreasonable.
- The landlord’s stage 2 response recognised the distress and inconvenience it had caused the resident, along with its delays in completing repairs and its poor communication with her. It offered her £250 compensation in line with our remedies guidance for cases of maladministration, although it is unclear if this was for both substantive issues or just the damp and mould. While this went someway to address its failures, we do not consider this was proportionate considering the additional failures we have found. There were excessive delays in the landlord’s repairs which significantly impacted on the resident, despite it knowing of her serious health issues.
- After completing its complaints process, the landlord’s records do not show that it had resolved the issue, and the resident has told us that the damp and mould in her property is still present. We have ordered the landlord to increase the compensation it offered the resident to recognise the continued distress and inconvenience after its stage 2 response, and the loss of enjoyment of her home due to the damp and mould. With consideration to all the circumstances and the failings identified in this report, we have ordered the landlord to apologise and pay the resident a further £1000 compensation for her distress and inconvenience. This is in line with our remedies guidance and recognises the significant impact the landlord’s failings had on the resident.
- We have also ordered the landlord to complete all damp and mould repair work at the property, and to explain why if it cannot do so. It should confirm if suitable alternative accommodation is necessary and will be made available to the resident until the work is completed.
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- The independent expert’s survey on 8 June 2023 noted that there had been a leak from the resident’s kitchen roof. The survey did not provide a recommendation to the landlord on repairing the leak. Nevertheless, given that a leak had been found, it would have been reasonable for the landlord to carry out an investigation. However, there is no record that the landlord investigated the cause of the leak following this, until it raised a repair job on 22 July 2024 following the resident reporting that her kitchen roof was leaking. This was not reasonable, as the resident would have expected it to have acted to resolve the leak after it received expert surveyor’s report. Had it done so it may have been able to resolve the issue at an earlier stage.
- There is no record that the landlord investigated the leak until the resident contacted it on 22 July 2024. Its records show it visited her property on 7 August 2024 to reseal the flashing on her roof. This was 9 working days over the published timeframe in its repair policy to complete such repairs withing 3 working days, which was a failure to follow the obligations of its repairs policy.
- The landlord’s stage 1 response considered the leak to the resident’s roof. Its response indicates that its healthy homes visit on 14 May 2024 considered the damp and mould in the kitchen but does not mention what it did in relation to the leak. The fact that it completed the kitchen roof repair after the resident reported this to it on 22 July 2024, supports the view that its visit on 14 May 2024 did not investigate the leak. This was not reasonable as it was a further 3 months before it said it completed a repair to the kitchen roof.
- Although the landlord’s complaint responses said it completed roof repair works at the resident’s property on 7 August 2024, its inspection of her property on 15 August 2024 found that her kitchen ceiling was still leaking. The landlord’s records show the resident confirmed to it on 5 September 2024 that it had completed its repairs to the kitchen. However, there is no record that it confirmed this itself, which is a concern.
- However, the landlord’s stage 2 response acknowledged that it should have provided the resident with reassurance that it would continue to investigate her concerns about the roof leak. It apologised that it did not do this. While this went someway to address its failures, we do not consider this was proportionate considering the additional failures we have found and that it took it 15 months to repair the leak. This was unreasonable and failure to follow its statutory obligations.
- With consideration to the circumstances of the case, and with reference to the Ombudsman’s remedies guidance’s recommended range of compensation for failures that adversely affected the resident, we have ordered the landlord to apologise and pay her £100 compensation in recognition of the impact of its failings in its handling of her report of a leak in her kitchen. We have also ordered the landlord to inspect the resident’s kitchen roof and ceiling to confirm that the leak has been fully repaired.
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- The landlord’s complaints policy says it will acknowledge complaints within 5 working days at both stages. It will respond to complaints at stage 1 within 10 working days and within 20 working days at stage 2after it has acknowledged a complaint. It acknowledged the resident’s complaint within its published timeframe which was reasonable. However, its stage 1 and stage 2 responses were 18 and 2 working days over its published timeframe, respectively. This was not reasonable and a complaint handling failure. Although its stage 1 response apologised for this delay, its stage 2 did not.
- The landlord’s stage 1 response told the resident that it had no records of her previously reporting a leak to her kitchen roof. However, its repair records show that the resident had reported a leak on 28 April, 29 June and 9 July 2021. This was a failure by it to follow its complaints policy which says it will consider all relevant information and evidence carefully. However, its stage 2 apologised for its failure which was reasonable.
- It was positive that the landlord’s stage 2 response considered the resident’s reports of a pest infestation at the block of flats where she lived, despite this issue not being part of her original complaint. It arranged for its pest control to visit her property which was reasonable.
- When the resident escalated her complaint, she said she was unhappy that even after she had sought the help of a solicitor, the landlord had still not carried out the correct repair works to her property. The landlord did not address this concern, which was a missed opportunity to provide her with an explanation why it had not completed all the recommended repairs of the independent expert surveyor. This was not reasonable and is likely to have caused the resident confusion.
- The resident was also unhappy that the landlord’s decorating works would not colour match the existing decoration in her kitchen. Its stage 2 response said that it was not its procedure to colour match paint and that its healthy homes team had told her of this. However, it is unclear which procedure it was referring to. Although it said it would decorate her kitchen its response indicates that she would need to provide the paint. It could have considered being more flexible with its remedy by offering to redecorate in a matching colour, without her having to provide the paint. Had it done so it would have gone some way to resolving the issue to her satisfaction, in line with our dispute resolution principles.
- With consideration to the circumstances of the case, and with reference to the Ombudsman’s remedies guidance’s recommended range of compensation for minor failures which do not reflect the detriment to the resident, we have ordered the landlord to apologise and pay her £50 compensation in recognition of its complaint handling failures.
- We have ordered the landlord to record the resident’s vulnerabilities on its systems, so it can consider them when it responds to her. We have also recommended that it considers providing the resident with paint that matches her colour scheme or a decorating allowance so she can purchase this herself.
Learning
Knowledge information management (record keeping)
- The landlord failed to record the resident’s vulnerabilities on its systems. This seriously impacted on the resident and its response to the repair issues she raised with it.
Communication
- The landlord’s communication was not effective. One of the resident’s main concerns was her health conditions that she repeatedly told it about. The landlord’s records show it was aware of her health conditions, so it should have paid due regard to these when communicating with the resident.