Octavia Housing (202409875)

Decision
Case ID	202409875
Decision type	Investigation
Landlord	Octavia Housing
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	30 January 2026

Background

The resident lives in a 1-bedroom third floor flat. He reported damp and mould along with damage to his windows to the landlord.

What the complaint is about

The complaint is about the landlord’s handling of the resident’s:
1. Reports of damp and mould.
2. Requests for window repairs.
3. Associated complaint.

Our decision (determination)

There was maladministration in the landlord’s handling of the resident’s:
1. Reports of damp and mould.
2. Requests for window repairs.
3. Associated complaint.

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

Summary of reasons

Reports of damp and mould

The landlord delayed inspecting and surveying the damp and mould. It did not investigate a potential leak from the gutter as reported by a specialist. It did not identify the cause of the damp and mould. It also significantly delayed installing 2 extractor fans.

Requests for window repairs

The landlord significantly delayed repairing the windows. It also did not offer a resolution or compensation for the issue in its complaint response.

The associated complaint

The landlord’s complaint handling was not compliant with our complaint handling code (the Code) or its own policy at both stages of the complaint process. It significantly delayed issuing a response at stage 1 and stage 2. It also did not offer sufficient compensation to acknowledge its failures.

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 27 February 2026
2	Compensation order The landlord must pay the resident £650 made up as follows: £500 for the distress and inconvenience to the resident for its failings in how it handled reports of damp and mould. £150 for the distress and inconvenience to the resident for its failings in how it handled requests for window repairs. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date.	No later than 27 February 2026
3	Starting the works The landlord must take all steps to ensure the repair works to install a humidistat extractor fan in the bathroom are started no later than the due date. If the landlord cannot start the works in this time, it must explain to us, by the due date: Why it cannot start the works by the due date and provide evidence to support its reasons. It must provide a revised timescale of when it will start and finish the works; or The steps it has taken to start the works and provide us with documentary evidence of its attempts to ensure the works were started by the due date. It must provide a revised timescale if it is able to or explain why it cannot. Whether suitable alternative accommodation is necessary and will be made available to the resident.	No later than 27 February 2026
4	Starting the works The landlord must take all steps to ensure the repair works for the windows are started no later than the due date. If the landlord cannot start the works in this time, it must explain to us, by the due date: Why it cannot start the works by the due date and provide evidence to support its reasons. It must provide a revised timescale of when it will start and finish the works; or The steps it has taken to start the works and provide us with documentary evidence of its attempts to ensure the works were started by the due date. It must provide a revised timescale if it is able to or explain why it cannot. Whether suitable alternative accommodation is necessary and will be made available to the resident.	No later than 27 February 2026
5	Inspection order The landlord must contact the resident to arrange an inspection of the damp and mould. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by an externally appointed independent surveyor with expertise to complete the type of inspection required. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that the surveyor: Inspects the damp and mould of the property and produces a written report with photographs. This must include an inspection of the gutters and drainpipe outside the property. The survey report must set out: Whether the property is fit for human habitation and whether there are any hazards. The most likely cause of the damp and mould. Whether the landlord is responsible to repair or resolve the issue together with reasons where it is not responsible. A full scope of works to achieve a lasting and effective resolution to the issue (if the landlord is responsible). The likely timescales to commence and complete the work. Whether temporary alternative accommodation is necessary either because of the condition of the property or during the works.	No later than 27 February 2026

Recommendations

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

Our recommendations
We recommend the landlord pays the resident the £100 compensation it offered in its stage 2 complaint response of 25 February 2025 to acknowledge its complaint handling failures.

Our investigation

The complaint procedure

Date	What happened
Early 2023 to March 2024	The resident reported damp and mould issues and damage to window frames. The resident’s local MP and council also reported the issues to the landlord.
7 March 2024	The resident’s local council emailed the landlord. They said they had received a complaint from the resident about mould in his flat. They also told the landlord they would attend the flat on 13 March 2024 to inspect the conditions.
19 August 2024	We emailed the landlord on behalf of the resident. We said the resident had told us he had complained several times but received no response. We asked the landlord to respond to his complaint.
21 August 2024	The landlord sent a complaint acknowledgement to the resident. It said it would respond by 5 September 2024.
28 August 2024	The landlord issued its stage 1 complaint response. It said it would raise a job to treat the mould and arrange for a surveyor to inspect other areas of property. It also said it would raise an inspection of the windows. It apologised for the delay in responding to him and the delay dealing with his initial query.
22 November 2024	The resident asked to escalate the complaint to stage 2 as he felt the landlord was ignoring him.
28 November 2024	The landlord confirmed it had escalated the complaint to stage 2. It said it would respond by 6 January 2025.
6 January 2025	The landlord wrote to the resident and said it needed to extend its response time to 3 February 2025.
25 February 2025	The landlord issued its stage 2 complaint response. It apologised for the delay with its stage 2 response. It confirmed it completed a mould wash on 13 September 2024. It acknowledged a 3-month delay from September to December 2024 to arrange installation of extractor fans. It offered £100 compensation for the delay arranging installation of the fans. It also offered £100 compensation for its complaint handling delays.
Events since the final complaint response	The landlord installed an extractor fan in the kitchen, but not in the bathroom. It has not repaired the windows. The damp and mould persists. It offered an increased amount of compensation of £1,200 (£850 for the delay completing works, £200 for poor communication and £150 for the time and trouble having to raise the issue), which it paid to the resident.
Referral to the Ombudsman	When the resident brought his complaint to us, he wanted the landlord to resolve all issues with the windows and damp and mould. He also wanted compensation for the stress experienced and impact on his health.

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

What we have not considered

The resident told us that the landlord’s failure to handle the damp and mould has affected his health. It would be fairer, more reasonable and more effective for the resident to make a personal injury claim for any injury caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We have not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.

What we have considered

A housing and health practitioner from the council emailed the landlord on 18 July 2023. They raised the issue of damp and mould. They said one of their officers had been in contact to follow up on an enquiry and visit made earlier that year. They said it appeared there had been no further progress or repairs undertaken. We have not seen evidence of the previous enquiries or visits but accept the damp and mould had been ongoing from early 2023.
According to the landlord’s damp and mould policy, it will inspect the property within 5 working days of a report of damp and mould. The landlord inspected the damp and mould on 26 July 2023. This was 6 working days after the council’s email and not in line with its policy. We also have no evidence of the landlord taking any action following the reports from early 2023. This is a failure.
The landlord’s damp and mould policy says it will assess the impact of any damp and mould and aim to identify the cause and any risks. There is no evidence the landlord identified the cause of the damp and mould during its inspection. This is a further failure.
The landlord attended the property on 31 August 2023 and completed a mould wash. This was over a month following its inspection and was not done within a reasonable time. However, we note the landlord experienced trouble contacting the resident and agreeing a convenient date for the works.
The resident reported the mould had returned and was worse on 5 January 2024. The landlord inspected the property on 22 January 2024. This was 6 working days outside its commitment to inspect the property within 5 working days of a report of damp and mould. This is a failure.
Following the inspection of 22 January 2024, the landlord raised a job to repair 2 extractor fans in the property. We have seen no evidence of an inspection report. It did not complete the job until 4 March 2024. This was 15 working days outside its commitment to complete routine repairs within 15 working days. This is a further failure.
A housing and health practitioner from the council emailed the landlord on 7 March 2024. They said they had received a complaint from the resident about damp and mould. They provided a notice of entry under section 239 of the Housing Act 2004. They said they would enter the property on 13 March 2024 to inspect it for potential hazards. They asked the landlord to attend.
The council and the landlord’s own inspector attended the property on 13 March 2024. They reported mould was present around the window frames and on the walls in the bedroom, storage room and living room. Despite repeated contact from the resident, his MP and the council in March and April 2024, the landlord did not try to arrange a damp and mould survey until 14 June 2024. This delay was inappropriate.
The landlord spoke with the resident on 14 June 2024. However, it was unable to book an appropriate date to survey the damp and mould due to the resident’s work commitments. We note the inspection took place on 1 August 2024 with agreement from the resident. We have seen no evidence of an inspection report. There is no evidence of any further action, which is inappropriate.
On 28 August 2024 the landlord raised a job for a damp and mould inspector to attend the property on 6 September 2024. When the inspector arrived, the resident refused entry. It is unclear why the landlord needed to complete another inspection. It had already inspected the property on 13 March and 1 August 2024.
The landlord then completed a mould wash on 10 September 2024. It reported that a new kitchen extractor fan was needed. This was a routine repair which should be completed in 15 working days. It did not raise a job to replace the kitchen extractor fan until 5 December 2024. It then attended the property to complete the installation on 8 January 2025. The delay from 10 September 2024 to 8 January 2025 was a failure. We note the appointment of 8 January 2025 failed due to no access.
A specialist damp and mould contractor then inspected the property on 27 January 2025. Although the landlord had carried out previous inspections, this is the first evidence of a specialist damp and mould surveyor attending the property. Its damp and mould policy only states it will inspect damp and mould. It was positive that the landlord engaged a specialist as its previous inspections had failed to provide a lasting solution to the damp and mould.
The specialist damp and mould contractor reported that damp and mould persisted in a location adjacent to the gutter, which suggested a potential leak. They recommended further investigation into that. They also recommended installation of a new extractor fan in the kitchen and bathroom. We have seen no evidence the landlord investigated the issue of a potential leak from the gutters, which is a failure.
In its stage 2 complaint response of 25 February 2025, the landlord acknowledged the delay between September and December 2024 to raise a job for the kitchen extractor fan. However, it did not acknowledge any other delays or issues in its handling of the reports of damp and mould. This is inappropriate.
The landlord did not install a new kitchen fan until 18 July 2025. This significant delay is a failure. It has also not installed a new bathroom fan, which is a further failure.
The landlord has since reviewed its complaint responses and offered an additional £850 for the delay completing works. However, some works remain outstanding. It also did not specify the proportion of this allocated for its handling of the damp and mould.
In summary, the landlord delayed completing inspections and surveys. It failed to identify the cause of the damp and mould. It delayed completing repairs and installations. It also did not investigate a potential leak from the gutter as reported by a specialist.
As a result of its failure to deal with the reports of damp and mould over a prolonged and sustained period, we have found maladministration. We order the landlord to pay the resident an additional £500 compensation. This is to recognise the time, trouble, distress and inconvenience caused by its failure to appropriately handle the resident’s reports of damp and mould. This is within the range of awards set out in our remedies guidance for cases such as this where there was a failure by the landlord which adversely affected the resident.

Complaint	Requests for window repairs.
Finding	Maladministration

The email from the council of 18 July 2023 raised the issue of damaged windows. It again stated the resident had raised the issue earlier that year. The Landlord and Tenant Act 1985 requires the landlord to keep the structure and exterior of the property in repair. This includes windows. The landlord’s repair responsibilities guide confirms residents are only responsible for broken glass in windows.
The first evidence of the landlord taking action to resolve the damaged windows is on 18 December 2023. It raised a job to inspect and fix the windows on that date. Under the landlord’s repairs policy, it aims to complete routine repairs within 15 working days. It completed the repairs to the damaged windows on 8 February 2024. This was almost 7 months after the council raised the matter. It was also approximately a year from when the resident raised the issue in early 2023. The significant delays arranging and completing the window repairs is a failure.
In the landlord’s stage 1 complaint response of 28 August 2024, it said it would raise an inspection of the windows. We note the resident had not mentioned the windows since the landlord completed repairs on 8 February 2024. The surveyor attended on 6 September 2024 to inspect the windows. This was within a reasonable time from its complaint response. However, the resident refused access to the surveyor as he was fed up with multiple inspections and a lack of repairs.
The landlord did not mention the window repairs in its stage 2 response of 25 February 2025. It also did not offer any compensation for the significant delays repairing the windows, which is a failure.
There is also no evidence of it trying to rearrange an inspection of the windows until 1 December 2025. This significant delay was inappropriate. When it then inspected the windows on 2 December 2025, it highlighted several window repairs were required. The resident has since told us the repairs remain outstanding, which is a failure.
When the landlord offered an additional £850 for the delay completing works it did not specify the proportion of this allocated for its handling of the window repairs.
In summary, the landlord inappropriately delayed from early 2023 to 8 February 2024 to complete window repairs. Although the resident then refused access to inspect the windows in September 2024, the landlord made no further attempt to inspect them until December 2025.
As a result of its failure to deal with requests for window repairs over a prolonged and sustained period, we have found maladministration. We order the landlord to pay the resident an additional £150 compensation. This is to recognise the time, trouble, distress and inconvenience caused by its failure to appropriately handle the resident’s requests for window repairs. This is within the range of awards set out in our remedies guidance for cases such as this where there was a failure by the landlord which adversely affected the resident.

Complaint	The associated complaint.
Finding	Maladministration

According to the Code, a complaint is an expression of dissatisfaction, however made, about the standard of service, actions, or lack of action by the landlord. Under the landlord’s complaint policy, it states it accepts complaints from an MP, councillor or advocate acting on behalf of the resident. Therefore, when the council emailed the landlord on 7 March 2024 about a complaint from the resident, it should have raised a complaint. It did not do that which is a failure.
The resident emailed the landlord on 3 and 19 June 2024. He further expressed dissatisfaction at how long he had been living with mould affecting his health. The landlord again failed to raise a complaint, which is inappropriate.
It was only when we emailed the landlord on 19 August 2024 that it raised a complaint. It then sent an acknowledgement to the resident on 21 August 2024. Under the landlord’s complaint policy, it will acknowledge a stage 1 complaint within 3 working days. It sent an acknowledgement 2 days after our contact, which was appropriate.
The landlord issued its stage 1 response on 28 August 2024. This was within 10 working days of the acknowledgement in line with the Code and the landlord’s complaint policy. It said it would raise repair work and inspections, but it did not provide any timescales which is inappropriate. It also did not offer any compensation for the significant delays, which is a further failure.
The resident asked to escalate the complaint on 22 November 2024. The landlord acknowledged the escalation request 4 working days later. This is in line with the Code and the landlord’s complaint policy. It said it would provide a full response by 6 January 2025.
When the landlord said it needed to extend its response time to 3 February 2025, this was acceptable in line with the Code and the landlord’s complaint policy. However, it did not issue its stage 2 response until 25 February 2025, which was a further failure.
In its stage 2 complaint response of 25 February 2025, the landlord offered £100 compensation to acknowledge its complaint handling delays. This was not sufficient compensation to acknowledge the complaint handling delays from 7 March 2024 to 25 February 2025. We note that since the stage 2 complaint response, the landlord has offered an additional £150 for the time and trouble having to raise the issues.
In summary, the landlord’s complaint handling was not compliant with the Code or its own policy at both stages of the complaint process. It delayed raising or acknowledging the resident’s complaint for over 5 months. It did not provide timescales for action in its stage 1 response. It also failed to offer any compensation at stage 1. It significantly delayed providing its stage 2 response. It recognised its complaint handling failures and delays in its stage 2 response and offered £100 compensation. However, this did not sufficiently acknowledge its failures.
We have therefore found maladministration in the landlord’s complaint handling. However, the amount since paid by the landlord of £150 for complaint handling failures, along with the original £100 it offered is sufficient for the findings we have made. No further compensation is ordered.

Learning

The landlord’s communication with its contractors was poor, which negatively affected its ability to carry out repairs. It also demonstrated a lack of oversight of its contractors, which may have contributed to the failings identified. It should consider reviewing its contractor communication processes to ensure it is effectively monitoring outstanding responses.
The landlord significantly delayed dealing with the resident’s complaint. It should ensure staff are familiar with the requirements of the Code, particularly the importance of acknowledging complaints and issuing responses within the prescribed timescales.
It is good practice for landlords to be explicit in their compensation awards. It should highlight the specific amount of compensation it has awarded to each element of the complaint. The landlord should consider this learning in its future complaint responses.

Knowledge information management (record keeping)

The landlord has not provided evidence of all inspection reports or completed works. Some of its repair records are unclear and do not detail the nature or outcome of the works completed. At times, this has affected our ability to assess its actions.

Communication

The landlord did not contact the resident to provide updates on when it would carry out repairs. The resident had to chase for updates. This lack of communication contributed to the distress and inconvenience caused to the resident. There were also several instances where the landlord failed to respond to the resident’s contact or that of the council or MP. The landlord should explore ways to maintain consistent contact with residents while repairs are ongoing. It should also look for opportunities to learn from this complaint to improve its customer service.