Royal Borough Of Greenwich (202337916)

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Decision

Case ID

202337916

Decision type

Investigation

Landlord

Royal Borough Of Greenwich

Landlord type

Local Authority / ALMO or TMO

Occupancy

Secure Tenancy

Date

26 March 2026

Background

  1. The resident reported damp and mould in the property in January 2022. The landlord carried out inspections and works to address the issue, including ventilation improvements and mould treatment. The resident reported that the damp and mould continued.

What the complaint is about

  1. The complaint is about the landlord’s response to the resident’s:
  1. Reports of damp and mould.
  2. Complaint.

Our decision (determination)

  1. We found the landlord responsible for:
  1. Maladministration in its response to the resident’s reports of damp and mould.
  2. Service failure in relation to the resident’s complaint.

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

Summary of reasons

Reports of damp and mould

  1. The landlord delayed its response to the resident’s report of damp and mould in January 2022 by approximately seven months, which fell outside its repair timescales. Although the landlord later carried out works, the issue persisted and the landlord did not escalate its investigation following the September 2022 inspection, despite evidence that damp and mould remained present. While the landlord acknowledged delay and offered compensation, this did not adequately reflect the failure identified.

 

          

           Complaint

  1. The landlord did not respond to the resident’s complaint within its stage 1 timescale and did not demonstrate learning from this delay. However, it responded within timescales at stage 2.

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

22 April 2026

2

Compensation Order

The landlord must provide evidence that it has paid directly to the resident:

  • £350 (inclusive of the £120 previously awarded) to recognise the inconvenience caused by its failures handling reports of damp and mould.
  • £50 to recognise the inconvenience caused by its failures handling the resident’s complaint.

No later than

22 April 2026

 

 

3

 

 

Action Order

The landlord must provide the resident with details of how she may make a claim if she believes it has been negligent and this has caused loss or damage to her property.

 

 

No later than

22 April 2026

 

Our investigation

The complaint procedure

Date

What happened

30 December 2023

The resident raised a complaint with the landlord about ongoing damp

and mould in the property. The resident said she had previously reported the issue, but that earlier works have not resolved the problem.

14 February 2024

The landlord sent its stage 1 complaint response. It acknowledged delays in responding to the damp and mould report made in January 2022 and apologised. The landlord offered £120 as a goodwill payment.

3 March 2024

The resident asked the landlord to escalate the complaint to stage 2. The resident said that the damp and mould issue continued.

22 March 2024

The landlord sent its stage 2 complaint response. It confirmed the January 2024 inspection findings, said it has raised further works, and directed the resident to the housing allocation team for rehousing enquiries.

Referral to the Ombudsman

The resident remained dissatisfied with landlord’s response, stating that the damp and mould issue continued.

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

Reports of damp and mould.

Finding

Maladministration

  1. While the resident has told us the mould has been ongoing for several years, our investigation has covered the period from January 2022 to the date of the final complaint response in March 2024. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to our involvement.
  2. The landlord is responsible for maintaining the structure and exterior of the property, including walls, roofs and ventilation. Damp and mould issues fall within this category unless circumstances require a faster response. The landlord’s repairs guidance states it will complete non-urgent repairs within 20 working days.
  3. The landlord did not inspect the property after the resident’s January 2022 report of mould until September 2022, approximately 7 months later. This meant an approximate 7-month delay, which fell significantly outside its repair standards. The repair record described large black mould, indicating a serious issue that required a prompt response. The records do not show that the landlord contacted the resident during this period, and the only communication recorded is a letter dated 19 September 2022 confirming an appointment in October 2022. This did not explain the earlier delay.
  4. The inspection identified potential contributing factors. The landlord reasonably carried out follow-on works by installing thermal boards and passive vents to improve insulation and ventilation.
  5. However, the inspection records following these works noted mould to window reveals, the concrete header, and areas above the window, which shows the works did not resolve the issue. The landlord’s records also show it carried out mould treatment during 2023, indicating that damp and mould persisted after the initial works. While mould washes can be appropriate as an interim measure, they do not address the underlying cause where the issue continues to recur.
  6. We have not seen evidence that the resident reported further damp and mould during 2023. However, the landlord’s own records show that the issue remained present following the 2022 works, and it continued to rely on mould treatment. In those circumstances, it would have been reasonable for the landlord to have taken further steps to investigate the underlying cause rather than continue to treat the symptoms.
  7. The resident raised a formal complaint in December 2023, stating that damp and mould remained present. The landlord arranged a further inspection on 2 January 2024. This inspection was more comprehensive, identifying high condensation levels, blocked ventilation, and raising further works including extractor fans and investigation of a possible roof leak.
  8. We note the landlord’s position that condensation and blocked vents contributed to the issue. While this may explain part of the problem, it does not remove the landlord’s responsibility to investigate recurring damp and mould.
  9. We also note the resident reported health conditions within the household, including asthma and COPD. While we cannot determine any direct health impact, damp and mould can affect respiratory conditions, and landlords should take a proactive approach where such issues arise. Matters relating to any damage to a resident’s health, their investigation and compensation, are not part of the complaints process. These are more appropriately addressed by way of the courts or the landlord’s liability insurer as a personal injury claim. However, we can consider any distress and inconvenience the resident may have experienced as a result of failings by the landlord.
  10. The landlord acknowledged its delay in dealing with the resident’s reports of mould in 2022 in its complaint response. It offered £120, which shows it recognised a failing. However, this offer does not adequately reflect the length of the delay, the serious nature of the issue, and the failure to escalate its investigation at an earlier stage.
  11. Overall, while the landlord took appropriate steps once it inspected the property and again in January 2024, these actions do not outweigh the earlier failings. The landlord delayed its initial response and did not carry out a sufficiently detailed investigation despite evidence that the issue persisted.
  12. In the circumstances, we find maladministration in the landlord’s handling of the resident’s reports of damp and mould.
  13. Our remedies guidance suggests awards between £100 and £600 where maladministration has occurred and the landlord’s response has not adequately addressed the detriment to the resident.
  14. Considering the 7-month delay, the nature of the issue reported, and the landlord’s offer of £120, we consider an additional payment of £230 is appropriate (approximately £50 for the inconvenience caused to the resident by each month of delay). This amount reflects the landlord’s delay and its failure to escalate its investigation at an earlier stage.
  15. The resident also reported damage to personal belongings due to damp and mould. We cannot determine liability for damage to belongings or award damages in the same way as a court. We consider whether the landlord responded reasonably and provided appropriate advice.
  16. In its complaint response, the landlord explained that it does not insure residents’ belongings and advised the resident to pursue a claim through her own contents’ insurance. It would have been reasonable for the landlord to have given the resident information about its liability insurance. Its website explains that its insurance team will investigate such claims. We have made an order for the landlord to provide that information to the resident. The liability insurance company is a separate organisation from the landlord, and the landlord is not responsible for the insurer’s decision or the claims process, aside from passing on the details of how to claim to the resident. The insurer can decide on whether the landlord had acted negligently and, if appropriate, the amount that should be paid to the resident.

Complaint

Response to the resident’s complaint.

Finding

Service failure

  1. The resident raised a formal complaint with the landlord on 30 December 2023 regarding damp and mould and associated issues.
  2. The landlord operates a two-stage complaints process. Its policy states it will acknowledge complaints within 5 working days, respond at stage 1 within 10 working days, and respond at stage 2 within 20 working days. Where it cannot meet these timescales, it should inform the resident of the delay and provide a revised timeframe.
  3. The landlord issued its stage 1 response on 14 February 2024, approximately 30 working days after the complaint was raised. This exceeded the landlord’s stage 1 response timeframe.
  4. The evidence does not show that the landlord informed the resident of the delay or agreed an extension to the response timeframe. This was not in line with its complaints policy.
  5. The resident requested escalation on 3 March 2024, and the landlord issued its stage 2 response on 22 March 2024, within the 20-working day timeframe set out in its policy
  6. The landlord acknowledged failings in its complaint response and offered compensation for the delay in responding to the damp and mould issue. However, it did not clearly identify complaint handling failings or demonstrate any learning from the delay.
  7. Effective complaint handling should identify failures, provide appropriate redress, and demonstrate learning to prevent recurrence. The landlord’s response did not show evidence of service improvement or learning.
  8. In the circumstances, we find service failure in the landlord’s handling of the resident’s complaint. The Ombudsman’s remedies guidance suggests awards between £50 and £100 where service failure has occurred and had a limited impact. Considering the delay at stage 1 and the absence of demonstrated learning, we consider compensation of £50 to be appropriate for the frustration caused to the resident by this delay.

Learning

Communication and record-keeping

  1. Our Spotlight report on damp and mould highlights that landlords should take a proactive approach to identifying and addressing the underlying causes of damp and mould, rather than relying on repeated treatment of visible symptoms. It also says that failures can be avoided when landlords:
  • let residents know what to expect regarding repairs and provide a clear schedule for repair visits.
  • gather feedback from residents and conduct inspections to ensure the work is satisfactory.

31.  In this case, the landlord continued to rely on mould treatment after its initial works in 2022, despite evidence that the issue remained present. Earlier escalation to a more detailed investigation may have prevented the issue from persisting.