Richmond Housing Partnership Limited (202427929)

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REPORT

COMPLAINT 202427929

Richmond Housing Partnership Limited

29 May 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. Damp and mould reports and associated repairs.
    2. The resident’s complaint.

Background

  1. The resident has an assured tenancy which began on 18 April 2022. The property is a 2-bed ground floor maisonette. The landlord advised that its records show that the resident said she has mental health vulnerabilities, her daughter has asthma, and her son has an autism diagnosis.
  2. On 22 August 2023, the resident reported damp and mould in the property. The resident requested that the landlord carry out a damp and mould inspection. The resident had to chase this for over a month as the landlord took no action.
  3. The landlord carried out a damp and mould treatment at the property and noted that it completed a survey on 4 November 2023. The survey recommended several works for the landlord to complete.
  4. On 16 April 2024, the resident raised a stage 1 complaint about the works the landlord had recently carried out and she said it had failed to complete other required works. The resident requested that the landlord complete the required works and clear any rent arrears on her account.
  5. The landlord provided a stage 1 response on 7 May 2024 in which it directed the resident to obtain updates on the required works through her disrepair solicitor. The landlord said that it would provide details of the required works identified by a surveyor and provide the resident with details of when it would complete them. The resident responded the same day and said that there was no disrepair case and requested escalation of the complaint to stage 2.
  6. The landlord provided a stage 2 response on 16 July 2024 in which it upheld the complaint. It apologised for its management of the damp and mould issues and provided details of the works it had agreed with the resident. The landlord offered a total compensation payment of £3,200 which covered furniture damage, delays in carrying out works and the impact on the resident.
  7. In March 2025, the resident moved into temporary accommodation while the landlord carried out required works at the property.

Assessment and findings

Scope of the investigation

  1. The Ombudsman recognises that this situation has caused the resident distress as they have experienced damp and mould in the property over a lengthy period of time. Aspects of the complaint relate to the impact of their living conditions on their health. Where the Ombudsman identifies failure on a landlord’s part, we can consider the resulting distress and inconvenience. However, unlike a court, we cannot establish liability or calculate and award damages. This would usually be dealt with as a personal injury claim through the courts. Although the Ombudsman is unable to evaluate medical evidence, it will be taken into account when considering the resident’s circumstances.
  2. Within her submission, the resident said she had reported damp and mould at the property for several years. Records do show instances of damp and mould reports and related works in previous years.
  3. In accordance with the Housing Ombudsman Scheme, we may not consider complaints about events which took place more than 12 months prior to the resident’s complaint. Our investigation will focus solely on the period between August 2023 (when the resident made new reports about damp and mould) and the end of the complaint process – this will include any actions proposed within the stage 2 complaint response from July 2024.

Damp and mould reports and associated repairs

  1. Within the landlord’s damp and mould policy, it says that it would manage cases of damp and mould based on the severity and any vulnerabilities in the property. The policy says that it would complete an inspection, provide the resident with a timetable of works and keep them informed throughout.
  2. The landlord noted on 14 September 2023 that photographs of the damp and mould “look very bad”. The photographs provided by the resident show severe black mould growth within the property. It is clear from several emails and notes made by the landlord that it was aware of the resident’s concerns due to her daughter’s asthma and the condition of the property.
  3. The landlord’s damp and mould policy says that where there are “known vulnerabilities that exacerbate risk”, it would consider the case ‘severe’. Its policy states that a severe case requires mould treatment within 5 working days and it should complete an inspection.
  4. When the resident reported damp and mould on 22 August 2023, the landlord raised a works order for an inspection and treatment of the mould. The works order said that the landlord should complete the works within 28 days. However, its records show that it did not complete the mould treatment until 24 October 2023 and the inspection until 4 November 2023, some 64 days and 75 days after the resident reported her concerns. This is a service failing on the part of the landlord as it failed to meet the timeframe set out in its policy.
  5. The landlord said that the resident raised a disrepair case in October 2023. The landlord advised that it carried out “a number of repairs” following this but it could not provide details of those repairs. Due to the lack of evidence provided by the landlord, the Ombudsman is unable to conclude that it acted in line with its obligations or satisfactorily managed the resident’s expectations at the time. This was likely to have caused distress and inconvenience to the resident.
  6. When dealing with a disrepair claim, the landlord should manage any works and its record keeping to the same standard as it would if there was no disrepair claim. The omissions in the landlord’s evidence indicate poor record keeping by the landlord and it was not able to provide relevant information when asked. It is vital that landlords keep clear, accurate and easily accessible records to provide an audit trail. If we investigate a complaint, we will ask for the landlord’s records. If there is disputed evidence and no audit trail, we may not be able to conclude that an action took place or that the landlord followed its own policies and procedures.
  7. Landlord records from 9 April 2024 show an email from the resident in which she raised concerns over the quality of works it had completed “last week”. The works referenced in the email were to treat damp and mould in the property. This suggests that it had taken over 4 months for the landlord to carry out damp and mould works that it apparently identified in November 2023.
  8. Although the landlord did not provide exact dates for the repairs, the timescale between the inspection and those works shows that it did not complete them quickly. This is particularly concerning given the vulnerability acknowledged by the landlord. This is another service failing by the landlord as it failed to address the damp and mould problem as severe in line with its own policy.
  9. The resident raised a complaint on 16 April 2024 about outstanding works, and the quality of the works the landlord had completed. Given the time since the resident’s initial report in August 2023, it would have been reasonable for the landlord to manage this as a priority. Within the landlord’s records, there are references to an inspection and a subsequent report following the complaint. However, despite a request from this Service, the landlord has not provided a copy of the report produced during the complaint period.
  10. Landlord records show that the resident chased it for a copy of the report and said that a surveyor failed to attend on 2 July 2024. This means that in over 2 months, the landlord had not provided the resident with any clarity as to a timeframe for the completion of the outstanding works. This is a service failing on the part of the landlord. It continued to show a lack of any urgency to address the damp and mould issues.
  11. Within the July 2024 stage 2 response, the landlord listed the works that the resident had said were outstanding and said it would inspect the property and “progress those repairs”. It added that it would manage the repairs as a complex repairs case and a case manager would oversee it. This was a reasonable proposal given the evident lack of oversight offered over the previous 11 months.
  12. Despite the landlord’s assurances within the complaint response, it did not provide adequate oversight of the proposed complaint resolution. Its records show that it had not inspected the property by 2 October 2024, over 2 months after its agreement to do so. Although the landlord eventually inspected, it did not raise works orders until after 31 January 2025. 
  13. The landlord failed to show any learning from the complaint and its previously acknowledged failings, in line with this Service’s dispute resolution principles. Instead of providing a more efficient service, it took even longer than it did prior to the complaint to raise the required works orders. This is a significant service failing on the part of the landlord. This continued lack of oversight meant that the resident had to live in the property throughout another winter period with the same concerns over her family’s health.
  14. After considering the required works, the landlord identified that it should place the resident in temporary accommodation while it completed repairs. It is a concern that the landlord had not considered this previously.
  15. Given the nature of the problem, the landlord should have completed risk assessments throughout the process. Despite requests from this Service, it did not provide a copy of any risk assessment reports completed during the period in question. This is another service failing on the part of the landlord. Given its knowledge of the vulnerabilities in the property, it did not appropriately assess the continued potential risk to the resident and her family.
  16. The resident and her family moved into temporary accommodation in March 2025 to allow the landlord to complete the required works. The resident said that she remained in temporary accommodation in May 2025 and the landlord has agreed to assist her in finding a new property. Given the resident’s request to move, the landlord’s decision to assist with this is reasonable.
  17. When the landlord addressed the complaint at stage 2, it agreed to provide a compensation payment of £1,500 for the delays and the impact on the resident. It also agreed to pay a further £1,700 towards the damage caused to her carpet and couch by the damp and mould. Landlord records show that it has made these payments.
  18. At the time of the July 2024 complaint response, this Service would potentially have considered the compensation of £1,500, along with the proposed actions, to be reasonable redress. The landlord had acknowledged its failings, proposed reasonable actions and offered a significant compensation payment that was in line with this Service’s remedies guidance. However, given the landlord’s continued failings, its delays in carrying out the required works and the additional impact on the resident and her family, this Service will make an additional compensation order.
  19. Ultimately, the landlord failed to respond to a severe damp and mould problem over a significant period of time. Some of the required works were outstanding over 18 months after the report from the resident. The landlord failed to show the required level of urgency to inspect or treat the problem and its causes throughout. Record keeping failures meant that it did not hold accurate records of inspections or works it completed, and it failed to show that it completed any risk assessments.
  20. The landlord was aware throughout of the resident’s concerns over her family’s health and wellbeing. Despite noting the severity of the issue and vulnerabilities, this did not prompt the landlord to manage the problem with any priority. This continued throughout the complaint period and in its management of the proposed complaint resolution. Having considered the failings and the impact on the resident, the Ombudsman makes a finding of maladministration in the landlord’s handling of damp and mould reports and associated repairs. 

The resident’s complaint

  1. The landlord’s complaint policy says that it should acknowledge a complaint or escalation of a complaint within 5 working days of receiving it. It should provide a stage 1 response within 10 days of the acknowledgement and a stage 2 response within 20 working days of the acknowledgement.
  2. When providing a stage 1 response, the landlord took 14 working days to provide it. Although such delays can be necessary, the landlord’s response at stage 1 did not warrant such a delay. When addressing the complaint, the landlord directed the resident to speak to her legal representative as the works were linked to a disrepair claim.
  3. The landlord’s complaint policy says that if either party has started legal proceedings, it may not be able to respond to a complaint. The policy says, “if this is the case, we will inform you of this”. However, the landlord did not do this. Instead, it provided a response that failed to investigate the reason for the complaint. Although it may not have been able to comment on a disrepair claim, it could have addressed the failings highlighted by the resident. This is a service failing on the part of the landlord as it did not act in line with its policy. In any case, the Ombudsman’s October 2021 guidance on housing condition claims sets out that a matter does not become ‘legal’ until proceedings are issued through the court and landlords should not disengage from the repair or the complaints process.
  4. After receiving a stage 2 escalation request on 7 May 2024, it took the landlord 9 working days to acknowledge the complaint. On 18 June 2024, it requested an extension to provide its stage 2 response but said it would aim to provide it “next week”. It took the landlord an additional 4 weeks to provide the response. These are further service failings on the part of the landlord as it failed to meet both the timeframe in its policy and the assurance it offered the resident.
  5. In summary, the landlord failed to manage the resident’s complaint in line with its own policy. The stage 1 response did not demonstrate an understanding or investigation of the resident’s reason for the complaint. Although the stage 2 response did address the concerns and acknowledge its failings, the investigation took longer than it should. In view of these failings, the Ombudsman makes a finding of service failure in the landlord’s handling of the resident’s complaint.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of damp and mould reports and associated repairs.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s complaint.

Orders

  1. Within 28 days of this report, the landlord is required to provide a written apology to the resident for the failings identified in this report.
  2. Within 28 days of this report, the landlord is ordered to make a compensation payment of £1,100 to the resident, made up of:
    1. £1,000 for the distress and inconvenience caused by its management of damp and mould reports and associated repairs;
    2. £100 for the time and trouble caused by its handling of the resident’s complaint.
  3. Within 28 days of the date of this report, if the resident has not agreed a move to another property, the landlord should complete a damp and mould survey. A risk assessment should be carried out along with a full report produced detailing its findings. This should ensure that all possible causes of damp and mould are now repaired and that all remedial works have been completed to a good standard. If any further works are required, it should put in place a schedule of works with clear timescales. The landlord should provide a copy of the report and the schedule of works to the resident within 14 days of the inspection.
  4. The landlord must reply to this Service with evidence of compliance with these orders within the timescales set out above.