London Borough of Barking and Dagenham (202452161)

REPORT

COMPLAINT 202452161

London Borough of Barking and Dagenham

29 September 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 resident’s complaint is about the landlord’s handling of:
   1. Damp and mould.
   2. The resident’s management transfer request.

Background

2. The resident is a secure tenant of the landlord, a local authority. She lives in a 2-bedroom flat with her 2 children.
3. Since 2023 the resident has advised she had experienced damp and mould in the property. The landlord completed repairs in the property and carried out treatment to the mould throughout this period.
4. On 18 July 2024 the landlord wrote to the resident about its temperature and humidity sensors pilot scheme. It explained that mould develops when moist air meets cold surfaces and said the new sensors would monitor humidity and temperature to warn of risks early. It stated the scheme was to improve residents’ health, meet Ombudsman standards, and guide future remedial works. This was installed in the resident’s home. The sensors were subsequently installed.
5. On 26 October 2024 the resident told the landlord the light on the sensor had turned off, she was unsure if it was still working. The following week she reported a wet wall and that she was experiencing mould growth on her belongings. She said she was pregnant and worried about the long-term exposure to mould.
6. During November 2024 the landlord arranged a visit to inspect the damp. It found no sign of mould on the walls, but there was condensation. It recognised there were no vents in the wall and discussed this with the resident. Due to concerns of the home being cold, she advised that she did not want any new vents installed.
7. During December 2024 the resident requested a management transfer because of the damp and mould in the property. The landlord wrote to the resident stating that the panel found her case did not meet the threshold for a transfer. It confirmed it had completed treatment, identified a need for improved ventilation and booked contractors to install vents in January 2025.
8. On 14 January 2025 an operative attended to clear the vents. Two out of four of the vents were renewed. The operative also noted that the resident had furniture along and walls.
9. On 11 March 2025 the resident made a formal complaint about the damp, mould and rejection of her housing transfer request. The resident reported that mould had damaged her belongings and caused a risk to her health. She wanted the landlord to reconsider its position and provide her with alternative accommodation.
10. On 13 March 2025 the landlord issued a stage 1 complaint response. It stated that contractors had inspected and cleaned the vents, replaced 2 vents to improve ventilation and found no further issues requiring action. It advised the resident to report if any further problems continued.
11. On 16 March 2025 the resident escalated her complaint to stage 2. She said the property was uninhabitable due to mould and damp. The resident explained that the conditions had damaged her belongings, created health risks during pregnancy and caused her distress. She requested an urgent management transfer.
12. On 17 March 2025 the landlord issued a stage 2 complaint response and found no maladministration. It confirmed it had inspected the resident’s home, cleaned the vents and advised the resident about how to prevent the damp and mould. It directed the resident to raise further reports if the matter continued.

Assessment and findings

Damp and mould.

13. Under the Landlord and Tenant Act 1985 the landlord is responsible for repairs to the structure and exterior of the building. The residents’ tenancy agreement also says this.
14. We have not seen a copy of the landlord’s damp and mould policy. Its website offers guidance on how residents can prevent damp and mould issues.
15. Where a landlord has received reports of damp and mould, it is reasonable for it to respond to the resident’s concerns by investigating the cause and carrying out necessary works to resolve the matter. It should be carried out in line with its repair policy and within a reasonable timeframe.
16. When the resident reported damp on 26 October 2024, the landlord arranged for a survey to be completed. The report stated there was no signs of mould; however, condensation was on the walls. The evidence shows the operative discussed potentially installing extra ventilation; however, this was declined by the resident.
17. Overall, it was appropriate for the landlord to arrange an inspection promptly and to discuss increasing ventilation as an option to manage the condensation. Given the surveyor identified condensation as the cause, proposing additional or renewed ventilation was a reasonable and proportionate step.
18. We understand the resident’s position to initially decline the installation of vents as she was concerned about it being cold. It was therefore beyond the landlord’s control that these works were not immediately completed. However, given the importance of the works, it was appropriate that the landlord had further discussions with the resident.
19. The landlord spoke with the resident on 16 December 2024. We have not seen a transcript of the conversation. However, the notes show the resident subsequently agreed to have the vents installed. This was scheduled for 14 January 2025, and the resident was informed of the appointment.
20. The evidence shows on 14 January 2025 an operative attended to clear the existing vents. It also renewed 2 of the 4 vents. The operative said the resident had numerous household items and furniture along the walls which may be contributing to condensation. The resident was informed of how to reduce condensation in her home, which was appropriate.
21. The resident says the operative was not informed about installing additional vents and was only told to clean and replace the existing one. We have not seen a record of this conversation. We note that the landlord’s records refer only to “installing vents” and so this was a missed opportunity to clarify whether it meant to install new vents or install replacement vents. This lack of clarity caused confusion for the resident. It is also therefore not evident that it followed its surveyor’s advice.
22. In summary, we recognise the landlord initially took appropriate steps to address the resident’s reports of damp and mould. However, it failed to carry out the recommended works from its survey or otherwise provide a position on why the works it completed were sufficient. We have therefore found there was service failure. We have made an order of compensation in line with our guidelines to reflect the distress and inconvenience caused to the resident. We have also ordered the landlord to raise the recommended works to ensure the issue is properly addressed.
23. Following the works to clear and renew the vents, the landlord said it had not initially received any further reports of damp and mould from the resident since its operatives attended to clear the vents. However, on 24 March 2025 it received a further report. A survey was completed in May 2025, and repairs were raised.
24. In September 2025 the resident informed us that some repairs from the recent survey were outstanding. She also said she was still experiencing issues of damp and mould. While these events are beyond the scope of this investigation as they have not passed through the landlord’s complaints process, we have nevertheless made a recommendation for the landlord contact the resident and provide an update about any outstanding works.

Management transfer request.

25. The resident requested a management transfer on the basis that her home was uninhabitable due to damp and mould. This was rejected by the landlord because she did not meet the required threshold for a move.
26. The Ombudsman has reviewed how the landlord handled the resident’s transfer request. We have considered whether the landlord acted fairly and in line with its policy.
27. The landlord’s management transfer policy says residents can get a transfer only in urgent or exceptional cases, such as serious danger or when major repairs make the home unfit. If approved for a transfer, the landlord will make one offer of a suitable home.
28. Following a visit by the surveyor a transfer request form was completed. It evidenced signs of mould and moisture in the resident’s property and recommended vents be installed. However, the resident did not want this to be done, due to concerns the property would feel cold.
29. The landlord wrote to the resident on 31 December 2024 to say its senior housing managers had considered her request. It did not meet the threshold for requiring a decant and therefore declined her request. It confirmed repair works had been identified to improve the damp and mould, and appointments had been scheduled.
30. The landlord appropriately considered the resident’s transfer request, reviewed the evidence and provided the resident with its position in a timely manner. We find the landlord response was in line with its guidelines as there was no evidence to suggest a serious danger or the home was unfit.
31. The landlord’s policy says appeals should be submitted within 14 days of the last decision. The panel will consider the appeal based on the documentation provided and will provide a decision within 14 days. This could be extended to 28 days.
32. The resident appealed the landlord’s decision on 16 January 2025. During February and March 2025, the resident chased for an update. The housing officer chased this in February 2025; however, there was a delay in providing the resident with an update.
33. On 3 March 2024 the landlord told her it was unable to uphold her appeal. It reiterated its decision of 31 December 2024. The landlord had also informed the resident of her housing options.
34. We find the landlord did not act in accordance with its own policy when responding to the resident’s appeal. There was a delay in providing her with a response which contributed to avoidable distress and inconvenience.
35. This was not acknowledged during its complaint response. Therefore, we have found a service failure. In accordance with our remedies guidance, we are making an order for the landlord to compensate the resident for its delays when dealing with her transfer request.
36. In summary the landlord reasonably considered the resident’s request. However, it did not handle the appeal in accordance with its own timescales. Therefore, we have found service failure.

Determination

37. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s reports of damp and mould.
38. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s management transfer request.

Orders and recommendations

Orders

39. In recognition of the distress and inconvenience caused. The landlord to pay the resident compensation of:
    1. £250 for its failure to install vents as per the surveyor’s recommendation.
    2. £100 for its delay in responding to the resident’s transfer management appeal.
40. The landlord to discuss the installation of vents with the resident. It must raise the recommended works to ensure the issue is properly addressed.
41. All orders should be completed within 4 weeks of the date of this letter. The landlord must provide evidence to us showing it has complied with these orders.

Recommendation

42. The Ombudsman recommends that the landlord contact the resident to discuss outstanding repairs and concerns from the May 2025 survey.