Hyde Housing Association Limited (202328008)

Decision
Case ID	202328008
Decision type	Investigation
Landlord	Hyde Housing Association Limited
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	29 October 2025

Background

1. The resident has respiratory conditions, she has a form of cancer, and physical vulnerabilities. She lives in a ground floor 1-bedroom flat within a block.

What the complaint is about

2. The complaint is about the landlord’s handling of damp and mould, and associated repairs.
3. We have also investigated the landlord’s complaint handling.

Our decision (determination)

4. There was maladministration in the landlord’s handling of damp and mould, and associated repairs.
5. There was no maladministration in the landlord’s complaint handling.

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

Summary of reasons

Handling of damp and mould, and associated repairs

6. The landlord had taken steps in attempt to resolve the damp and mould by its final response. However, the repairs it committed to were not completed within target timescales. Given the resident was vulnerable, it should have communicated clearly about the repairs and delays in its action. It should have also acted promptly because of how living at the damp property could have affected her.

Complaint handling

7. The landlord followed its complaints policy. We acknowledge it used its discretion and offered a compensation payment to the resident. This was despite it responding to her complaint within its internal complaints procedure appropriately. 

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	Apology order   The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: The apology is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance.	No later than 26 November 2025
2	Compensation order   The landlord must pay the resident £750 made up as follows: £250 for the additional distress and inconvenience caused by its handling of damp and mould, and associated repairs identified in this investigation. £500 it offered during its internal complaints procedure for the distress and inconvenience caused by its handling of damp and mould, and associated repairs.   This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of compliance.   The landlord may deduct from the total figure any payments it has already paid.	No later than 26 November 2025

 

Recommendation

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

Our recommendation
The landlord is recommended to discuss with the resident any concerns about damp and mould beyond 26 June 2024.

 

Our investigation

The complaint procedure

Date	What happened
28 November 2023	The resident sent a complaint to the landlord, which it received on 29 November 2023. She said there was rising damp in the property, and she had previously told it about this and it was affecting her health. She also said she had provided a letter from her doctor on 3 November 2023 as she was vulnerable. She wanted it to explain what actions it would take.
1 December 2023	The landlord sent its stage 1 complaint response to the resident: It confirmed it had re-arranged a mould inspection for 14 December 2023 due to the resident’s availability. It acknowledged there was a delay in resolving the damp issues at the property and said it was committed to improving its service. It awarded a total of £150 in compensation, made up of £100 for the distress and inconvenience caused and £50 for the repair delays.
20 December 2023	The resident asked for her complaint to be escalated as she was still experiencing water rising from the ground of her property.
11 January 2024	The landlord had agreed to move the resident’s bedroom furniture away from the walls due to her vulnerabilities, so it could perform a mould wash.
15 January 2024	The landlord issued the resident its stage 2 complaint response and it: Apologised for its lack of communication following the surveyor’s visit on 14 December 2023. Increased its compensation offer to £600. This recognised delays in the service it provided (£250), distress and inconvenience caused (£250), and her “patience” through the complaints process (£100). Committed to installing new drains on 25 January 2024 and completing mould treatment to her bedroom on 29 January 2024. Provided her with a direct point of contact.
Between 24 January 2024 and 6 July 2024	The landlord attended the resident’s property on 24 January 2024 but was unable to install new drains because of the shrubbery.   The resident chased the landlord on 1 and 7 February 2024 for an update on repairs. It completed a mould wash on 26 February 2024. It then trimmed the shrubbery on 29 February 2024.   The resident contacted the landlord on 9 April 2024 for an update on the outstanding repairs as the issue was unresolved.   On 26 June 2024 the landlord’s contractors installed new drains to the property. On 6 July 2024 it inspected the works and said it was all completed.
Referral to the Ombudsman	On 18 July 2024 the resident signed our complaint form and subsequently referred her complaint on 29 October 2024. She wanted us to investigate as she believed there were incomplete repairs, and repairs which were done had taken too long. She wanted additional compensation.

 

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	Handling of damp and mould, and associated repairs.
Finding	Maladministration

8. Under Section 11 of the Landlord and Tenant Act 1985 the landlord is to keep the structure and exterior of the property in repair. This is echoed in the resident’s tenancy agreement.
9. The landlord also has responsibilities under the Housing Health and Safety Rating System (HHSRS). Damp and mould growth are potential hazards and therefore the landlord is required to consider this and if it requires remedying.
10. The resident told the landlord on 23 October 2023 her bedroom carpet was damp and she was unsure of the cause. It was reasonable the landlord attended the property the following day. Although it found no leaks, it observed the external walls were damp and said a survey was needed. It then failed to survey the property inside its 20 working day target. We acknowledge the survey was delayed by 2 working days due to the resident’s availability, but it should have tried booking the survey by 21 November 2023.
11. It was positive that in the landlord’s final complaint response it apologised for its lack of action and communication from 24 October 2023. It attempted to put things right for the resident with its £500 compensation offer apportioned for its handling of this issue. That total amount of compensation was in line with our remedies guidance at that stage.
12. The evidence showed that prior to 14 January 2024 the landlord had not observed any mould. Therefore, its response to treat any mould by 29 January 2024 was appropriate.
13. We cannot consider effects on health and wellbeing. However, the evidence showed the landlord had considered the resident’s vulnerabilities and updated its information systems accordingly. It was reasonable it provided further support in helping her move her bedroom furniture (to complete repairs). It was also reasonable it provided her a direct point of contact.
14. Had the landlord completed the repairs by the timescales set out in its final response, we would have made a determination of reasonable redress.
15. Ultimately, the landlord failed to complete the repairs it committed to in its final response. The evidence showed the landlord was 10 working days over target to complete the mould wash. The drainage repairs were not completed until 5 months after the date it committed to in its final response. It also failed to evidence that it was monitoring the risk to the resident living in the property while experiencing damp. It is clear the resident continued to experience distress and inconvenience after its final response, and its continued communication errors shows it had not learnt from the case.
16. The landlord completed a post inspection of the drain installation in line with its damp and mould procedure on 6 July 2024. The landlord had provided evidence it had completed the repairs it said it would in its final response, albeit delayed. If the resident remains dissatisfied about concerns of damp and repairs beyond 26 June 2024, she could discuss this with the landlord.

Complaint	Complaint handling
Finding	No maladministration

17. The resident’s complaint was responded to by the landlord inside its target timescales at both stages of its complaints procedure.
18. Overall, we have not identified any failings in the landlord’s complaint handling.

Learning

19. The landlord should ensure it follows through with actions it commits to during its internal complaints procedure. It should ensure resolutions offered do not remain outstanding.

Knowledge information management (record keeping)

20. The records the landlord provided for this case was good as it created a clear audit trail.

Communication

21. The resident complained due to a lack of action and communication by the landlord. Within the landlord’s internal complaints procedure, it addressed her concerns and organised repairs to try and resolve the damp and mould. Despite admitted failings via its own investigation, poor communication to resolve the damp and mould issues persisted after its final response.