Southend on Sea City Council (202442170)

Background

1. The resident is a tenant of the landlord in a 2-bedroom flat. There are 7 family members including the resident living in the flat, 5 of the family members are children. The resident has asthma She has said some of her children have been experiencing regular ear infections and persistent coughing. In November 2023, the resident reported damp and mould in her property. The landlord carried out repairs, but the resident has recently reported that there is still damp and mould in the property.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Damp and mould at the property.
   2. The associated complaint.

Our decision (determination)

3. There was maladministration in the landlord’s handling of damp and mould at the property.
4. There was a service failure in the landlord’s handling of the complaint.

We have made orders for the landlord to put things right.

Summary of reasons

5. There were unreasonable delays in the landlord carrying out the damp and mould works. There was also a lack of communication from the landlord to the resident about when it planned to complete the works. The compensation the landlord offered was not enough to put right these errors.
6. The landlord failed to address all of the resident’s complaint points when providing its responses at stage 1 and 2 of its complaints process.

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.

Our investigation

The complaint procedure

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.

7. The resident raised in her complaint that damp, and mould had been an issue at her property for nearly 7 years. We acknowledge the resident’s comments about the length of time the issue has been ongoing for. However, our scheme states we may not investigate complaints which were not referred to the landlord as a complaint within a reasonable time, which is normally 12 months. We have seen no evidence the matter exhausted the landlord’s complaints procedure at that time. We have therefore not assessed the landlord’s handling of damp and mould dating back 7 years. This investigation focuses on the landlord’s handling of damp and mould 12 months leading up to the resident’s complaint in November 2024.
8. In November 2023, the resident reported damp and mould in her property. The landlord responded appropriately to the report and raised a work order to carry out a mould wash and install vents in the 2 bedrooms. This was in line with its damp and mould policy which explains it will ensure the cause of mould is identified and details of the required works are in place within 14 days of the damp and mould being reported. However, it could not carry out the works due to its contractor not being able to gain access on 24 November 2023, which would have been outside the landlord’s control.
9. On 18 December 2023, the landlord’s contractor attended the property to carry out the damp and mould works. According to the landlord’s records, the resident’s partner stated he would complete the mould wash himself and was waiting for the landlord to drill the new vent holes. However, the resident later said, as part of her complaint, that she did not refuse any damp and mould works. Where there are disputed versions of events without evidence to support either account, it is not possible for the Ombudsman to determine what did or did not happen. Therefore, we are unable to conclude whether the landlord was prevented from completing the works at that time.
10. In February 2024, the resident’s MP contacted the landlord regarding ongoing damp and mould issues. The MP stated that the resident was still waiting for mould treatment in the bedroom and for vents to be installed. The landlord responded by raising a work order on 16 February 2024. Its contractor attended the property on 11 March 2024 but did not complete the works. According to the landlord’s notes, furniture in the bedroom had not been moved away from the wall. The resident disputed this and said the landlord carried out mould treatment in one room but did not complete the remaining treatment or install the vents. As noted above, we cannot determine what occurred during the contractor’s visit due to the conflicting accounts and lack of supporting evidence.
11. The damp and mould remained unresolved and due to this the resident submitted a complaint to the landlord. As part of her complaint, the resident also raised concerns that the damp and mould was impacting her and her family’s health. She mentioned two of her children were having reoccurring ear infections and her son had a persistent cough. The resident also said she has asthma. We acknowledge this has been a very difficult time for the resident and her family. However, it would be fairer, more reasonable, and more effective for the resident to make a personal injury claim for any injury caused through the courts or the landlord’s liability insurance. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We’ve not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.

12. The resident also raised as part of her complaint that her allocated banding which was a Band B meant she would need to wait a while to move property. We acknowledge it may be difficult for the resident and her family living in a 2-bedroom property. However, we can only investigate complaints about councils, where they are acting as the landlord under licence, lease, or social housing tenancy. In this part of the complaint, the council was not acting in this capacity because it awarded the resident a banding category in line with its allocations policy. As such, we have no power to investigate the complaint about the resident’s allocated banding. The resident may be able to complain to the Local Government and Social Care Ombudsman about this matter.
13. The landlord confirmed in its complaint responses that it would carry out an inspection at the property. It also explained it would carry out mould wash treatment and install vents as it previously agreed. The landlord also acknowledged in its stage 2 complaint response that there were some failings in its handling of the damp and mould and offered the resident £300 compensation to recognise the distress and inconvenience caused. Whilst it is positive that the landlord recognised its errors, the amount of compensation offered was not sufficient.
14. The landlord delayed carrying out the inspection, mould treatment, and vent installation. As a result, the resident contacted the landlord in January and February 2025 to follow up on the outstanding inspection. During this period, the landlord did not provide clear updates about when it planned to complete the inspection or the works. The landlord carried out an internal inspection in May 2025. During the visit, the surveyor confirmed that vents had been installed in both bedrooms. The surveyor recommended further works, including mould treatment and the application of stain block. However, some wallpaper needed to be removed before the works could proceed. The landlord paid the resident £150 to help cover the cost of new wallpaper, which was reasonable.
15. In June 2025, the landlord also carried out an external inspection of the resident’s property to identify if there were any external issues. The inspection identified that repairs were required to a shed roof, which was against the wall of the resident’s property. Also, repairs were required to an over door canopy at the front of the property. The landlord acted appropriately by inspecting the external parts of the property alongside the internal inspection.
16. The landlord completed the damp and mould treatment, and stain block works in June 2025. The resident also confirmed that external works, including repairs to the shed and over-door canopy, were completed in June or July 2025. The landlord acted reasonably by carrying out the recommended works. However, there was a significant delay, and the inspection and works were not completed within the timescales set out in the landlord’s damp and mould policy. The resident has since told us that the damp and mould have returned in the bedrooms. She also informed us that she is pregnant, and the landlord is aware of this.
17. The landlord should pay the resident £400 compensation to recognise the distress and inconvenience caused by its delay in carrying out the damp and mould works. This amount is in addition to the £300 the landlord offered during its complaints process. The total amount of compensation awarded complies with the Ombudsman’s approach to compensation set out in our remedies guidance published on our website. The remedies guidance suggests awards of £600 to £1000 where there has been a serious failure by the landlord, which had a significant impact on the resident.
18. We acknowledge that the resident’s house is overcrowded and may be a factor contributing to the damp and mould. However, the landlord should continue to take steps to manage the damp and mould while the resident and her family remain in the property. As the resident has confirmed that the damp and mould has returned. We order the landlord to carry out another damp and mould inspection to identify any further works it can complete to manage the damp and mould. Following the inspection, the landlord should create a schedule of works with timescales and provide us and the resident with a copy.

19. The landlord’s complaint process has 2 stages. The timeframes in the landlord’s complaints policy are the same as the timescales referenced in the Ombudsman’s Complaint Handling Code (the Code). The Code states a stage 1 response must be sent within 10 working days from the complaint being logged, and a stage 2 response within 20 working days.
20. The Code also states that a landlord must address all points raised in a resident’s complaint and provide clear reasons for any decisions. The resident raised as part of her complaint that she had to throw away her furniture and belongings because they were damaged by the damp and mould in the property. The landlord failed to address this complaint point in line with the Code. It would be appropriate for the landlord to provide the resident with a written apology for the error and investigate and respond to the resident’s complaint point about her damaged belongings. If the resident remains dissatisfied once she has received the landlord’s final response about this complaint issue, she may be able to refer the matter to the Ombudsman as a separate complaint at that stage.

Learning

21. The landlord could take a more holistic approach when repairs are declined by a resident, by considering the circumstances and help and support it can provide a resident. For example, a resident may need support moving furniture into storage whilst works are carried out if the property is overcrowded.

Knowledge information management (record keeping)

22. The landlord could improve its repairs records, as the repair log it provided did not include the date repairs were completed.

Communication

23. There was very limited communication from the landlord to the resident about when it planned to carry out the recommended works to resolve the damp and mould.