Town and Country Housing (202344491)

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REPORT

COMPLAINT 202344491

Town and Country Housing

17 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 complaint is about the landlord’s handling of damp and mould.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident is an assured tenant of the landlord. The tenancy started in 2014. The property is a 3-bedroom house.
  2. The resident reported damp and mould in November 2022. A property inspection in February 2023 identified a condensation issue and the landlord raised repairs which were completed in May 2023. This included a mould wash, roof tile vents, air bricks, and window repairs. The resident reported damp and mould again on 5 December 2023. The landlord completed a survey on 6 December 2023 and raised a number of repairs.
  3. The resident complained to the landlord on 7 February 2024 about ongoing issues with damp and mould. She said it was penetrating damp and not condensation. The resident said she had not received an update from the landlord about the repairs. She said it was affecting the health of her family and causing financial strain due to replacing furniture and heating.
  4. The landlord responded at stage 1 on 8 March 2024. It acknowledged delays to the repairs in 2023. The landlord said that following an inspection in December 2023 it raised further repairs. Due to the significant scope of the works, it had needed to gain approval which had taken considerable time due to obtaining quotes, scaffolding permit, and planning resources. The landlord confirmed the work was now approved. It said it was constructing a schedule of work and would provide an update by 15 March 2024 with timescales and details of the work to be done. It apologised for the delay and lack of communication. It offered the resident £250 compensation for stress and inconvenience.
  5. The resident escalated her complaint on 18 March 2024. The resident said she had not received a schedule of works, and the stage 1 response had not acknowledged damage to her personal belongings and flooring. She said the landlord had not inspected the property since December 2023 and the mould was now worse.
  6. The landlord issued its final response on 13 May 2024. It confirmed it had recently completed works to roofing, guttering, brickwork, airbricks, ventilation, the replacement of double glazing to affected rooms, and trickle vents. The landlord said it would complete roofing repairs on 20 May 2024 and make good internally after the external work. It said that following discussions with the resident about the age of the windows, a surveyor attended on 24 April 2024 and identified multiple issues with them. It confirmed it would attend on 14 May 2024 to complete repairs. The landlord apologised for the delays and lack of communication. It offered the resident £697 compensation. This was broken down as £250 offered at stage 1, £250 for the disruption of cleaning and lack of communication, £147 for use of de-humidifiers for 2 weeks and a £50 discretional decorating allowance.
  7. The resident remained dissatisfied with the landlord’s response. The resident told us that the compensation was not enough and did not include an amount for damage to her belongings.

Events following the end of the complaints process

  1. The resident raised a further stage 1 complaint to the landlord in July 2024. This was about the damp and mould repairs completed after the end of the complaints process, a missed appointment, and damage to furniture and personal items from damp and mould. The landlord responded to this complaint at stage 1 on 12 August 2024. The resident told us in September 2025 that the damp and mould has returned and the repairs completed did not resolve the issues with the windows.

Assessment and findings

Scope of investigation

  1. The resident reported that damp and mould had been ongoing for 10 years. Complaints should be brought to the attention of the landlord within a reasonable time of the problem occurring, usually within 12 months. This is so that the landlord has an opportunity to resolve the issues while they are still ‘live’ and the evidence is available to properly investigate them. This investigation will focus on the landlord’s handling of the resident’s reports from November 2022 which were addressed in the landlord’s final response on 13 May 2024.
  2. The resident made a further complaint to the landlord in July 2024 about repairs to the damp and mould, a missed appointment in July 2024, and damage to belongings. The landlord responded at stage 1 on 12 August 2024. However, these reports have not been considered as part of this investigation. This is because these further complaints have not exhausted the landlord’s 2 stage complaints procedure.
  3. The resident has complained that her situation has impacted her health. The Ombudsman is unable to assess the cause of, or liability for, impacts on health and wellbeing. The resident may be able to make a personal injury claim if she considers that her health has been affected by the landlord’s actions or inaction. This is a legal process, and the resident may wish to seek legal advice if she wants to pursue this option. As this issue is more effectively resolved and remedied through the courts it will not be considered in this report.

The landlord’s handling of damp and mould 

  1. The landlord’s repairs policy says that it is responsible for the structure and exterior of the property. The landlord also has a responsibility in the Decent Homes Standard to ensure its properties are free from hazards and risks and remain fit for human habitation. Damp and mould growth are a potential hazard.
  2. The landlord raised a number of works to resolve the damp and mould reported on 21 November 2022. It initially inspected the property on 6 December 2022. Its damp and mould policy was not in place at this time. However, the timeframe was in line with its repair policy. This states its response time for non urgent repairs is 28 days. The repairs raised did not fit the urgent criteria.
  3. In January 2023 the landlord implemented its damp and mould policy. It is reasonable to expect that from then, all reports of damp and mould will be actioned in line with its policy. It recognises that damp and mould cases can cause high level of distress for residents. Following an initial mould wash on 18 January 2023, a survey was completed. This identified condensation as the cause of the damp and mould. The landlord then raised the recommended repairs to windows, roof tile vents, air bricks, and a mould treatment. The evidence shows the repairs were completed in May 2023. This was a timeframe of 5 months from the resident’s initial reports. This did not meet the timescales in the landlord’s repair policy.
  4. It was evident that follow on inspections and further works were identified following the landlord’s initial attendance in December 2022.There were also failed and rearranged appointments which contributed to the delay. It is noted an appointment on 27 February 2023 was rebooked because the resident had not moved furniture and belongings. There is no evidence of when the landlord contacted the resident about the appointment. However, the resident told the landlord she had not received enough notice. The landlord could not compete scheduled work to the roof vents and windows on 20 March 2023 due to needing 2 operatives. A failed appointment for this reason happened again on 14 April 2023. Given the number of repair appointments the resident had facilitated, these failed appointments likely caused her distress and inconvenience.
  5. The actions taken by the landlord did not resolve the damp and mould because the resident reported this again in December 2023. The evidence from the time of the repairs earlier in 2023 shows the landlord following the recommendations of its survey and visits to the property at the time. However, there was no evidence of the landlord monitoring the damp and mould or following up after the repairs in May 2023.
  6. The landlord told the resident in an email on 15 February 2023 that it would monitor the condensation issue and contact her to see if repairs carried out had helped reduce the condensation. There was no evidence that it did this. It failed to follow its damp and mould policy effective from January 2023 which says it will monitor open and closed condensation, damp and mould cases to ensure that problems do not persist and that interventions are concluded.The landlord missed the opportunity here to identify that the issues were not resolved.
  7. The resident contacted the landlord again on 5 December 2023 to report damp and mould. The landlord initially responded quickly and in line with its damp and mould policy. This says the landlord will respond to resident enquiries about damp and mould within 10 working days. The evidence shows the report was completed by the landlord’s surveyor. Given that the landlord’s previous investigations to diagnose the cause had not resolved the issue, the landlord should have considered using an independent surveyor in line with its damp and mould policy. This says that if internal investigations are unclear, it will use an independent surveyor. The landlord did not do this, and this was a failing.
  8. The damp and mould report identified a number of repairs needed, which included external works to the roof. In its final response on 13 May 2024, the landlord confirmed it had completed the majority of the work and the roofing work would be completed on 20 May 2024. The landlord’s records show it attended on 20 May 2024 as promised to complete the roof works. This was an overall timeframe of over 5 months.
  9. The landlord’s damp and mould policy says it will complete damp, and mould repairs within 20 working days and prioritise works based on risk. It also states that where extensive works are required, it will consider these on a case-by-case basis. The landlord’s complaint responses acknowledged that the repairs took a considerable time due to the significant scope of the work. The evidence shows the repairs required scaffolding, quotations, and also an asbestos test prior to commencing. However, despite prioritising the case as a high priority on 29 December 2023, there was no evidence that it considered if further mould washes were needed in the meantime after its initial appointment. This was unreasonable considering the resident told the landlord in March 2024 that the mould had become much worse and was in new areas.
  10. Complex repairs and investigations may require additional time for the landlord to complete them. However, basic customer service requires landlords to keep in communication with residents and update them on the progress of repairs. The damp and mould policy states that all staff will be empathetic, informative and solution-focussed when communicating with residents about damp and mould. The evidence shows the resident had to follow up with the landlord multiple times during both the repairs in 2023 and 2024. The landlord did not keep the resident appropriately updated on the work. It is noted the communication improved during the stage 2 complaint investigation. However, the landlord failed to provide the resident with a scope of works and completion timeline as promised in its stage 1 response. As a result, the resident did not know the full details of what works were being completed and when. Its communication about the repair work here was poor.
  11. There are no records of further repair reports about the windows from the resident following repairs in May 2023. The landlord had actual or constructive notice of defective windows from its damp and mould survey undertaken on 6 December 2023. The survey noted damp and mould around the kitchen window; bathroom window and that there were no trickle vents; WC window and there were no trickle vents; lounge window and the trickle vents are not operational; dining room window; bedroom 1, 2 and 3 windows and the trickle vents were not operational or clean. The survey’s additional notes stated, “mould in form around window fuel yo (sic) poor ventilation as trickle vent are not opening”. Following the survey, the landlord raised repairs for the replacement of 4 panes, and a service of trickle vents. It is not clear when the landlord completed these repairs. Its final response on 13 May 2024 stated these had been completed in the previous few weeks.
  12. The resident raised concerns during the stage 2 investigation about the age and condition of the windows. The landlord completed an inspection of the windows on 24 April 2024. This noted the windows in a poor state of repair throughout, no unit in a satisfactory working order, misalignment causing poor seals and defective ironmongery. The evidence shows the landlord’s initial survey in December 2023 did not identify the full repairs needed to the windows or their overall poor state. This was despite the landlord informing the resident on 5 December 2023 that the survey was a full property survey including an evaluation of the windows. The landlord’s final response stated it would address the further window repairs on 14 May 2024. The evidence shows this further appointment was rearranged for 10 June 2024. This was over 6 months after the landlord inspected the windows in December 2023. This is not in keeping with its damp and mould or repairs policy.
  13. The landlord confirmed to us that the damp and mould repairs were completed. However, the resident told us that the repairs had not resolved the issue (it is not clear if this had been reported to the landlord). Under the landlord’s damp and mould policy it states it will monitor open and closed condensation, damp and mould cases to ensure that problems do not persist and that interventions are concluded. The landlord has failed to do that here. An order will be made for the landlord to resolve this matter and monitor the outcome as per its policy.
  14. The landlord acknowledged that it failed to find the root cause of the ongoing damp and mould. It also recognised and apologised for its repair delays, and poor communication. It offered the resident compensation of £697. This included £147 for the use of dehumidifiers which was in line with the amounts specified in its compensation policy. The £550 for the disruption and poor communication was in accordance with the levels of compensation in its policy for moderate disruption of between £250-£700.
  15. Overall, the landlord acknowledged its repair delays and poor communication. However, it had also failed to fully follow its damp and mould policy to monitor the initial repairs in 2023 and consider if an independent surveyor was required when its repairs did not resolve the issue. There was also no evidence that it considered completing a mould treatment or wash while waiting for external repairs to be completed when the resident reported in March 2024 that the mould had worsened. Given these further failings the compensation the landlord offered was not enough to put things right for the resident. As such, there was maladministration in the landlord’s handling of damp and mould. We have ordered a further amount of compensation in accordance with the Ombudsman’s remedies guidance for when a landlord’s offer of action and compensation is not proportionate to the failings identified by our investigation.

Complaint handling

  1. The resident complained to the landlord on 7 February 2024. The landlord’s records show it sent an acknowledgment letter the same day. This was inline with its complaints policy which says it will acknowledge complaints within 5 working days.
  2. The landlord responded at stage 1 on 8 March 2024. This was a timeframe of 21 working days. This was outside of the timeframes in the landlord’s policy. This says it will respond within 10 working days of logging the complaint. There is no evidence of the landlord contacting the resident to agree a further extension inline with its policy or providing an update. As such, the resident did not know when to expect a response.
  3. The resident escalated her complaint on 18 March 2024. The landlord’s records show it acknowledged this within 5 working days in line with its complaints policy. The landlord provided its final response on 13 May 2024. This was a timeframe of 38 working days. The landlord failed to follow its complaints policy here. This says stage 2 complaints will be responded to within 20 working days of initial receipt of an escalation request.
  4. The evidence shows the landlord had kept the resident updated during the stage 2 complaint investigation on the progress of the repairs and investigations. However, there was no evidence of the landlord agreeing an extension to the response. This was not in line with the Code or the landlord’s complaint policy. The policy says if it cannot provide a response within 20 working days it will agree a further extension of no more than 10 working days.
  5. The landlord failed to acknowledge its complaint handling delays at both stages of its complaints process. The landlord confirmed to us that its delays were due to a high volume of complaints at stage 1 and recruitment of new staff. However, this was not identified in its complaint responses. As such, it failed to show it had learnt from outcomes at the time of the complaint or attempt to remedy its poor complaint handling.
  6. In raising her complaint on 7 February 2024, the resident said her furniture, flooring and personal belongings had been damaged by damp and mould. The landlord’s complaint responses did not address this part of the resident’s complaint. This was despite her raising this again in her escalation. The evidence shows the landlord discussed the damage with the resident during the complaint process. Its records show it called her on 23 April 2024 to confirm the surveyor attending would photograph damp and mould damage. The report by the landlord on 24 April 2024 included photos of damp and mould damage to furniture. However, there is no evidence of the landlord providing a further response to this.
  7. The landlord’s complaint policy states, it does not consider insurance claims including damage to personal possessions which will require referral to the relevant insurers to be considered a complaint. However, its policy also states that if a matter raised is not considered to be a complaint it will explain the reasons why and what alternative actions will be taken. This is in line with the Code which states that landlords must address all points raised. There was no evidence of the landlord explaining why it had not addressed this part of the resident’s complaint. As a result, the resident took the time and trouble to raise this matter as a further stage 1 complaint in July 2024.
  8. In summary, the landlord’s complaint responses were delayed at both stages. It failed to acknowledge its delays and appropriately remedy this. It also failed to address all parts of the resident’s complaint. These failures likely caused distress and inconvenience to the resident as well as the trouble of raising a further complaint about damaged items. Therefore, there was maladministration in the landlord’s complaint handling. In line with the Ombudsman remedies guidance for where the landlord failed to acknowledge its failings and has made no attempt to put things right an order of £150 compensation is considered fair.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s handling of damp and mould.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s complaint handling.

Orders and recommendations

Orders

  1. The landlord must, within 4 weeks of this report:
    1. apologise to the resident for the further failings identified in this report.
    2. pay the resident compensation of £600 for the further failings identified in its handling of damp and mould. This is in addition to the £697 it offered during the complaints process.
    3. pay the resident compensation of £150 for its poor complaint handling.
  2. Within 4 weeks of this report, the landlord must use an independent surveyor to carry out a comprehensive damp and mould assessment, including the windows, and take initial action on any recommendations within 10 working days. This includes instructing contractors to complete work or writing to the resident to explain what will be done.
  3. If any damp and mould is found in the property the landlord must conduct a mould wash within 4 weeks of the independent surveyor’s report. It must also explain to the resident how it intends to monitor damp and mould inline with its policy until the damp and mould in the property has been effectively resolved.
  4. The landlord must provide evidence of compliance with the above orders to the Service.

Recommendation

  1. The landlord should review its staff training needs in regard to the importance of communicating with residents throughout the repair process.