Winchester City Council (202322119)

REPORT

COMPLAINT 202322119

Winchester City Council

30 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

The resident’s complaint is about the landlord’s response to:
1. Reports of damp and mould in the property.
2. Reports of heating and ventilation issues.
3. Reports of incurred debt as a result of the property condition.
4. The resident’s concerns about the landlord’s maintenance of the land at the rear garden.
5. The resident’s concerns about the boundary line of the rear garden.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
After carefully considering all the evidence, in accordance with paragraph 42.c of the Housing Ombudsman Scheme, the following aspect of the complaint is outside of the Ombudsman’s jurisdiction:
1. The resident’s concerns about the boundary line of the rear garden.
The resident complained that when she moved into the property in 2017 she felt ‘pressured’ to accept it. At the time the landlord had explained the land at the bottom of the garden was not included within her tenancy. A fence was installed on the boundary line. She states she was informed at the time that if the landlord did not choose to do anything with the land it would be given back to her for use. She was unhappy that only she was subjected to these conditions and explained none of her neighbours were required to do this. She would like that part of the garden back.
Section 42.c. of the Housing Ombudsman scheme states the Ombudsman may not consider complaints which, in our opinion were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising.
The resident has raised concerns about an event which occurred around 8 years ago – the landlord’s decision about the boundary line of her garden. As this complaint was not raised within a reasonable period of time from that decision, we will not investigate this part of the complaint.

Background

The resident is a secure tenant of the landlord, a local authority. The tenancy commenced on 6 January 2017. The property is a 3 bedroom semi-detached house. The resident lives there with her children. She is also a reptile breeder and has multiple reptiles.
During November 2022 a damp and mould inspection was conducted. The surveyor determined the cause as condensation. Recommendations were made for the landlord to carry out a mould treatment, and carry out repairs to the chimney. A mould treatment was carried out twice in December 2022 and January 2023.
The resident contacted our service in November 2023 to raise a complaint about insulation, heating and repair issues within the property. She explained she was in debt from having to constantly have the heat on to keep it warm. She had also complained there was a hole in the wall and poorly fitted French doors. We wrote to the landlord and asked it to provide her with a response by 20 December 2023.
On 19 December 2023 the landlord issued its stage one response. It explained:
1. It reviewed its repair records and found no reports of a hole in the wall, poorly fitted French doors, or heat loss in an outbuilding. It explained it would not provide insulating materials to the floors of the outhouse. It agreed to arrange for a property survey regarding the other repairs reported.
2. When it assessed the damp and mould, it found humidity levels in the property to be high which contributed to condensation. A mould wash was completed and no further reports were made after this.
3. An inspection of the loft was done on 2 August 2023. The report advised the resident would need to remove all items stored in the loft space. However the resident wanted to be able to continue using it as storage. The landlord explained it could arrange for insulation to be done but the resident would not be able to store items in the loft space.
4. It explained it had considered her home for installation of an infrared mesh heating system. It was still concluding research and was not able to advise of a timescale.
5. It stated in February 2023 there was a record of works being conducted to the cavity wall. It would ask its retrofit team to look into this.
6. It asked for evidence of the electricity costs which the resident stated she had incurred from heating the property.
The landlord raised a damp and mould survey request during February and April 2024. This was completed in May 2024. This found there were high levels of humidity in certain rooms. Mould growth had also been identified. The surveyor determined the condition was likely to be a result of condensation, and also explained building defects may be contributing to the problem. Over 19 recommendations were made to the landlord.
The resident complained to the landlord in May 2024 about the landlord at the back of her garden having overgrown weeds encroaching onto neighbouring properties. The landlord proceeded to inspect the area. It explained the area was not encroaching onto the neighbouring properties and it would cut the grass.
The resident escalated her complaint on 27 August 2024. She was unhappy about the landlord’s progress with repairs. She also expressed upset over not being able to have the land at the back of the garden and the landlord’s maintenance of the land.
On 9 September 2024 the landlord issued its stage two response. This said:
1. For the damp and mould issues, it had asked its contractors to attend within the next 10 days to complete a mould wash. It also stated it would undertake any remedial works.
2. Regarding heating and ventilation issues, it asked its contractors to complete an energy assessment within the next 10 days to determine the current heating and ventilation issues. It explained works to her property soffit, vents and ridge would be in this year’s retrofit programme. The retrofit programme involved upgrading homes to improve their energy efficiency.
3. It would also install data loggers with signal at the resident’s property to allow it to monitor condensation, humidity, heating and ventilation.
4. It explained it had asked its operative to check in with the resident on a weekly basis until all outstanding work was completed.
5. Regarding the overgrown weeds in the garden, it explained this had been cleared and the area would be for wildflowers. It also stated this would be monitored by its estate services officer.
The retrofit project manager attended the resident’s property in September 2024. They stated the resident’s property was unsuitable for the retrofit programme, as many repair issues needed to be addressed first.
On 25 November 2024 the surveyor contacted the landlord to inform it they were having difficulty installing the data loggers. They explained they had contacted the resident but had no response. A letter was also sent to the resident. The monitors were installed in February 2025.
A scope of work for the outstanding repairs was scheduled for the end of March. The resident stated the landlord was supposed to start works after Easter, however this had not commenced. We have not seen the landlord’s position regarding this.
The resident has since stated her electricity bill is £20,000 and she is seeking for the landlord to contribute towards this.

Assessment and findings

We understand the resident has expressed distress over the issues raised in this complaint, stating it has affected her children’s health and wellbeing. Whilst we have noted this as context, we are unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is because claims of personal injury must, ultimately, be decided by courts of law who can consider medical evidence and make legally binding findings. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident.

Reports of damp and mould in the property.

The resident has stated she has had ongoing issues with “toxic” black mould in her property. She says this has been a reoccurring issue for many years and states it has resulted in her children becoming ill often.
We understand determining the cause of damp and mould can be challenging for landlords. However where residents report damp and mould to a landlord we would expect that it assesses the matter to determine the cause and takes any necessary steps to resolve it within a reasonable period.
A damp and mould survey was completed on 28 November 2022. This found the cause to be condensation. It noted the resident was breeding reptiles which contributed to generating moisture. The surveyor set out that:
1. There was no evidence of damp staining or salt contamination that would be expected with rising damp.
2. None of the windows were open during inspection and the windows were “streaming” with condensation. It also stated the fans were not switched on.
3. The resident at the time was using 2 small oil filled radiators which were not adequate to heat the house.
4. The resident had explained she was previously using quantum heaters but this contributed to an electricity debt of £9000.
5. Recommendations were made for the landlord to conduct a damp and mould wash and also to address the damp in the chimney breast and wardrobe ceiling. This required re-plastering and a foil back plasterboard.
We have reviewed the landlord’s repair records during 2023. The records showed:
1. 8 December 2022 – A damp and mould wash was raised and this was completed on 16 December 2022. A further request was raised on 24 January 2023 and this was completed on 31 January 2023.
2. 24 January 2023 – The landlord had raised repairs to the chimney however this was cancelled by the contractor. It does not state why this was cancelled.
Whilst we understand the repair to the chimney was cancelled by the contractor, we have not seen evidence that this was rescheduled by the landlord, or that any works were carried out in 2023 regarding this.
The repair records show a damp and mould survey request was raised on 23 February 2024 and 11 April 2024. We have not seen evidence to confirm this was carried out in line with the target date specified in the repair records. We understand a damp and mould survey was then completed on 1 May 2024. This found:
1. There were medium levels of humidity. The surveyor had stated that due to the heating not being turned on and the lack of ventilation, the conditions in the winter months were likely to be caused by condensation. Condensation mould was also present at the property.
2. It concluded the reptile houses within the property increased the humidity within the property. Advice was given on how the resident could better ventilate and heat the property.
3. The surveyor also found building defects within the property that may be contributing to the ongoing mould. Over 19 recommendations were made to the landlord. Some of the works included replacing fans, clearing guttering, replastering, and installing heaters.
We have reviewed the repair records and are not satisfied that the works suggested in the reports of May 2024 have been carried out. This is because there is no evidence to support this.
We understand the resident’s property had been put on the list for a retrofit in September 2024. However we see an email was sent to the landlord on 1 October 2024 by the project manager explaining that the property was currently unsuitable for a retrofit until issues were resolved. This included the repairs recommended in the report.
We acknowledge there have been ongoing delays in the recommended works. We understand that the landlord initially chose to proceed with a retrofit, which contributed to the delay. We have not seen evidence to show when the landlord decided to proceed with the retrofit, however we note in an email dated 20 December 2023 it explained to the resident works to the insulation would feature within the programme.While we acknowledge the landlord’s intention to improve the property, we are not satisfied with the delays or the lack of clear communication with the resident regarding the repairs. As stated by the retrofit project manager there were several repairs that needed to be carried out first.
We have been informed works were due to commence after March 2025, however the resident has not had an update regarding this. We have not seen evidence of the landlord’s position regarding this. The landlord should therefore now contact the resident and provide a schedule of works and timeframe.
In summary, we find there was an unreasonable delay in completing works that could have been addressed earlier, rather than waiting for a retrofit. This missed opportunity to carry out timely repairs resulted in distress and inconvenience to the resident. The resident was then further affected when the landlord decided not to carry out the retrofit works, as the repairs had been delayed because of this planned work. Therefore, we have found there was maladministration in the circumstances. An order of £300 compensation has been made to reflect the impact to the resident.

Reports of heating and ventilation issues.

The Landlord and Tenant Act 1985 stipulates landlordsare obliged to keep the structure and the exterior of the property in repair.Landlords are also responsible for heating and ventilation within a property. Therefore, when the resident informed the landlord that the property was cold, it was appropriate that it investigated the matter.
We have reviewed the November 2022 inspection report. It recommended the landlord should:
1. Consider the installation of a whole house ventilation system, with heat recovery facility.
2. Consider a wall tie inspection to determine the extent of the wall tie corrosion.
3. Consider cavity insulation.
On reviewing the repair records we see the following was raised:
1. 19 December 2023 – A work order to carry out heat loss calculation. This was not completed.
2. 25 January 2023 – An inspection of the cavities for wall tie corrosion. This was completed on 22 February 2023. The landlord had also instructed a whole house ventilation system however this was cancelled by the contractor. The records do not state why this was cancelled.
3. 17 February 2023 –An energy assessment was raised with a target date of 16 October 2023. This assessment was carried out inSeptember 2023.
Whilst the landlord carried out some of the recommendations set out in the inspection, we have not seen evidence to confirm that during 2023 the cancelled appointment to install the ventilation system was rescheduled. We also have not seen information to explain why this was cancelled.
The inspection conducted in May 2024 found there were certain defects within the property. Recommendations were made to the landlord by the surveyor. This included:
1. Works to the cavity and insulation.
2. Replace extractor fans in the kitchen, bathroom and WC.
3. Trickle vents to be installed to existing windows.
4. Heating works.
5. To fit data loggers in every room to monitor the environmental conditions.
The evidence shows that the works were not carried out at the time. The landlord arranged for a further retrofit energy assessment to take place in September 2024. The repair records do not confirm when this was completed.
We understand that multiple repairs were to be considered as part of the retrofit. However we find there was an unreasonably long delay of nearly 2 years between the initial inspection and potential repair action.
In the damp and mould survey completed on 1 May 2024, the surveyor explained he had been instructed to fit data loggers to every room in the property. This could only function where there was mobile signal. There was no mobile signal in the area and therefore he was unable to install the data loggers, but he provided the landlord with an alternative way to monitor the condition of the property by installing standalone data loggers.
We have not seen evidence to suggest the landlord considered these alternative data loggers at the time.
In the landlord’s stage two response dated 9 September 2024, it stated it would be installing a data logger to monitor the condensation, humidity, heating and ventilation in the property. We understand this has since been installed in February 2025.
We have reviewed correspondence which was sent from the operative to the landlord on 25 November 2024. This explained that it had phoned the resident twice and hand delivered a written letter to her but had not received a response. It was sending a further letter that day regarding its request to install humidity meters. While we acknowledged the landlord’s efforts between November 2024 and February 2025 to progress the works by contacting the resident, we are not satisfied with the overall delay. After its attempt to install the data loggers in May it failed to explore alternative options at the time. The lack of actions contributed to a missed opportunity to complete works sooner.
We understand the resident had raised a complaint regarding a hole in the wall and issues with the French door. In the landlord’s stage one response, it stated it reviewed the repairs record and did not have a record to show the reports were made. It stated it would raise these reports.
We cannot see a work order was raised regarding this. The evidence shows on 1 October 2024 the retrofit project manager had stated the French doors were in a poor condition with notable issues with the threshold and height allowing ingress. As there is no evidence to confirm this work had been attended to and later inspections confirm the issue remains, we find there was a failure by the landlord to progress these works.
Overall we find there were missed opportunities for the landlord to conduct works in relation to the heating and ventilation sooner which resulted in unreasonable delays. Therefore, we have found maladministration in the circumstances. An order for £500 compensation has been made to reflect the impact to the resident.

Reports of incurred debt as a result of the property condition.

We see quantum heaters were used to heat the property, the resident stated these needed to be on constantly in an attempt to keep the house warm.
During the November 2022 inspection we see the resident had advised the landlord her electricity bill was £9000 in debt. Whilst we acknowledge the landlord undertook an inspection to assess the property conditions, we have not seen evidence to confirm the landlord responded to the resident’s concern or signposted her to any relevant support services. The evidence shows it considered referring her to the citizen advice bureau, but there is no evidence to confirm this was done.
Recently we have been informed the bill is around £20,000. It appears this debt has accumulated over 6 years. We have seen evidence the resident had also brought a complaint to the Energy Ombudsman and it was determined the meter was faulty. The resident’s complaint was upheld by the Energy Ombudsman, however the letter did not clarify how much the balance would be corrected by. The resident has stated £2,000 was taken off the bill.
We have considered how the landlord handled the resident’s reports of this debt and if it should have done more.
Following the resident’s complaint, during December 2023 the landlord asked her to itemise the details of the debt, indicating how her bills had increased. It also wanted to see how the quantum heaters were costing her £10 per day per unit. We have not seen evidence to support this information was provided to the landlord or that any further actions were taken by the landlord.
Whilst we agree that it was appropriate for the landlord to request this information from the resident, there is no evidence to confirm that from November 2022 to December 2023 the landlord took adequate steps to respond to the resident’s concerns about the debt which she claimed was a result of needing to keep the house warm.
In summary, while it was appropriate the landlord asked for additional information concerning the debt, there was an unreasonable delay in doing so. This was a missed opportunity to provide support and see if there was anything that could have been sooner. Therefore we have found there was maladministration in the circumstances. An order of £200 compensation has been made to reflect the distress and inconvenience caused.
To be clear, we have not decided that the landlord should make any contribution to the bills involved, and the landlord may decide that it has no obligation to do so. This is because it has not yet had the information it needs to assess its position and make a decision on this request.

The resident’s concerns about the landlord’s maintenance of the land at the rear garden.

It is understood the land at the back of the garden is the landlord’s responsibility. This was agreed at the commencement of the resident’s tenancy and the landlord at the time had a fence on the boundary line.
The resident complained to the landlord in August 2023 about the land at the back of the garden being overgrown. The landlord visited in August 2023 to inspect and arranged for it to be cut down to ground level. A further report was made in May 2024 and we see the landlord arranged for its operatives to inspect the area in May 2024. It found the area was not encroaching onto the resident’s fence. However it cleared the area and put wild flowers there. We see it also agreed to have this area monitored.
We understand the resident would like the landlord to allow her to have the land to maintain herself. However we have already explained above why we cannot consider this aspect of her complaint. Overall we find the landlord took reasonable steps to address the resident’s concerns about overgrown weeds in a timely manner. Therefore we have found no maladministration.

Determination

In accordance with paragraph 42.c. of the Housing Ombudsman Scheme, the complaint about the boundary line in the rear garden was outside of our jurisdiction.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s response to the resident’s reports of damp and mould.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s response to the resident’s reports about heating and ventilation.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s response to the resident’s reports of incurred debt as a result of the property condition.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s response to the resident’s concerns about its maintenance of land at the rear of the garden overgrown areas.

Orders and recommendations

Orders.

The landlord to directly pay the resident compensation within four weeks of the date of this letter. This is to reflect the delays in carrying out repairs and resulting inconvenience and distress.
1. £300 in recognition of the distress and inconvenience caused by its failures to address the damp and mould.
2. £500 in recognition of the distress and inconvenience caused by its failure and delays to resolve the heating and ventilation.
3. £200 in recognition of the uncertainty caused by its failure to respond to the resident’s concerns about her debt.
The landlord should provide the resident with a schedule of works, this should include a timeframe on when all the repairs will be completed. This should be provided within four weeks of the date of this letter. The landlord should also keep the resident informed and updated with the progress of repairs.