London Borough of Lewisham (202400846)

REPORT

COMPLAINT 202400846

Lewisham Council

29 April 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 complaint is about the landlord’s handling of the resident’s reports of:
1. Foxes living under the property.
2. Damp and mould.
3. Leaks.
The landlord’s complaint handling is also considered.

Background

The resident has an assured tenancy that began on 27 August 2020. The property is a ground-floor flat, which the resident shares with her children. The landlord is a local authority. The resident has physical and mental health issues. The resident’s daughter has an autoimmune condition.
On 18 April 2023 the resident complained to the landlord about its handling of outstanding repairs and asked for compensation for missed appointments.
The landlord provided a stage 1 response on 23 May 2023.
On 21 June 2024 the resident asked for her complaint to be reopened.
The landlord provided a further stage 1 response on 12 July 2024. The landlord apologised and awarded £100 compensation for a missed appointment, the delay in conducting works and any distress caused to the resident.
On 14 July 2024 the resident told the landlord it had not addressed most of the issues she had raised. She rejected the compensation offer and said she had spent £1,924.23 because of damp and mould at the property.
The landlord provided a stage 2 response on 6 September 2024. It apologised and awarded £130 additional compensation. It said it would deliver dehumidifiers to the property and repair the bathroom extractor fan on 26 September 2024.
The resident referred her complaint to us on 15 November 2024 as she was unhappy with the landlord’s response.

Assessment and findings

Jurisdiction

Paragraph 42.a of the Housing Ombudsman Scheme (the Scheme) states that the Ombudsman may not consider complaints that have not exhausted the landlord’s complaints procedure.
In this case, whilst the resident has made a service request, there is no evidence she raised a formal complaint about its handling of the foxes living under the property. As such, the matter has not completed the landlord’s internal complaints process (ICP). Therefore, the complaint about foxes (a specified at paragraph 1(a) above) cannot be considered by us at this time.

The landlord’s handling of damp and mould

The resident said she first reported damp and mould to the landlord in 2021. The evidence shows the landlord conducted a survey at the property on 19 November 2021. The survey found there was damp and mould in a bedroom. It recommended the ventilation in the property be improved, an airbrick checked for obstructions and the windows altered to allow airflow.
The landlord said the works identified in the survey were completed on 28 January 2022. The landlord’s records show it did complete works arising from the survey on this date, however, these works were not related to the windows or ventilation. There is no evidence the landlord raised or completed works for these issues following the survey.
On 17 February 2023 the resident sent the landlord a list of 18 outstanding repairs. The list included:
1. Damp, mould and condensation in a bedroom.
2. Mould on the windows, and no window vents.
3. Damp and mould on the wall and ceiling of the front room.
The landlord responded on 24 February 2023. It said it would be in touch about the damp and mould issues. There is no evidence the landlord responded to the resident thereafter.
On 18 April 2023 the resident sent a hospital letter to the landlord. The letter said the resident’s daughter had an autoimmune condition and a higher risk of infection. It said the child needed to live in a warm, dry environment. The resident complained to the landlord about its handling of the outstanding works. There is no evidence the landlord acknowledged receipt of the hospital letter or the complaint.
On 20 April 2023 the landlord told the resident it would try to contact its damp and mould team.
The landlord provided a stage 1 complaint response on 23 May 2023. The response addressed the resident’s complaint about missed appointments, but did not consider the landlord’s handling of the resident’s reports of damp and mould.
On 1 November 2023 the resident told the landlord she was concerned for her child’s health as the damp and mould had not been resolved. The resident said her daughter had recently had surgery and it was vital the outstanding repair issues were resolved.
On 2 November 2023 the landlord scheduled an “urgent mould treatment” for the following day.
The landlord’s repairs policy at that time set out 3 categories of repairs and associated response times. It stated the landlord would attend ‘emergency’ repairs within 24 hours, ‘urgent’ repairs within 3 working days and ‘routine’ repairs within 20 working days.
The landlord scheduled the mould wash 181 working days after the resident first reported the damp and mould. It was 2 days after the resident informed it about her daughter’s recent operation.
The landlord completed a damp and mould inspection on 21 November 2023. The report provided by the landlord was for a different address. The landlord said this was an error and the findings were for the resident’s property. The report noted mould growth and heavy condensation in the living room and bedrooms. It stated this was because the bathroom and living kitchen did not have working extractor fans. There is no evidence the landlord raised work orders to rectify these issues after it received the report.
A landlord internal email sent after a visit to the property on 5 December 2023 said there was damp and mould in all rooms. It said mould was growing on the mattresses and on the resident’s belongings. It said the property was single glazed and there was a lot of condensation. It said the carpets were wet due to the humidity. It said the resident was “really trying to keep the property in good order” but the conditions made this very difficult.
On 21 June 2024 the resident complained to the landlord about its handling of the damp and mould. She said she had reported damp and mould since March 2021 but works to resolve the issues had not been completed. The resident said she had spent hundreds of pounds on damp and mould sprays to protect her child who suffered from a respiratory illness.
An internal landlord email exchange on 8 and 11 July 2024 sought to establish the outcome of the November 2023 inspection. It concluded there had been an issue with the guttering, and internal works could not be completed until this was fixed. The landlord said the external works had been completed and it would let the resident know and raise a work order for the internal works.
On 12 July 2024 the landlord provided a stage 1 response. It said it had conducted a damp and mould survey in November 2023, which identified external works that needed to be completed before internal works could be done. It said it then raised a job to its roofing contractor. The landlord apologised that works were still outstanding and awarded £90 compensation.
The resident told the landlord on 14 July 2024 that its response had ignored most of the issues she had raised. The landlord responded on 18 July 2023. It said staffing and IT issues had affected its repairs service. The landlord acknowledged its communication had been poor.
The landlord provided a stage 2 response on 6 September 2024. It said it would deliver dehumidifiers to the property and repair the bathroom extractor fan on 26 September 2024. The landlord apologised and awarded a further £10 compensation for the outstanding extractor fan repair.
On 6 September 2024 the landlord raised a work order to replace the bathroom extractor fan and to deliver humidifiers to the property.
On 16 January 2025 the landlord raised a work order to replace the kitchen extractor fan and to carry out a mould wash.
The landlord told us on 2 April 2025 that the extractor fan replacement and mould wash had not been completed as the resident had refused access.
The resident has told us that trying to communicate with the landlord and get it to resolve the issues at the property had severely affected her mental health.
When there are failings by a landlord, the Ombudsman will consider whether the redress offered by the landlord (an apology and/or compensation) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles; be fair, put things right and learn from outcomes.
In summary, there is no evidence the landlord carried out the ventilation improvement works identified in the November 2021 survey. It did not contact the resident about the damp and mould issues she raised in February 2023. Nor did it respond when the resident provided evidence of her daughter’s health issues in April 2023. The landlord did schedule a mould treatment and survey, after the resident contacted it again in November 2023. However, it did not carry out the works identified in the survey and the resident had to again chase the landlord. The resident and her daughter are vulnerable. The landlord awarded £100 compensation, however, this did not put things right due to the extent of the failings and the distress caused to the resident.
As a result of these failings, which occurred over a prolonged period, there was maladministration in the landlord’s response to the resident’s reports of damp and mould. The landlord is ordered to apologise to the resident and to pay a further £550 compensation. This means the total compensation required to put things right for the distress and inconvenience caused by the landlord’s failings is £650. This places the compensation award within the range set out in our remedies guidance for a failure that had a significant impact on the resident. This takes into account the delays and likely impact to the resident who was worried about the effects on her and her child’s health. We have also made an order for an inspection and for the landlord to complete works promptly.

Landlord’s handling of leaks

The evidence shows the landlord carried out a survey at the property on 19 November 2021. The survey report noted that work orders were needed to fix a leak from a neighbouring property and a radiator.
The landlord said the works identified in the survey were completed on 28 January 2022. The repair records show work in the garden and a repair to a tap were completed on that date. There is, however, no evidence that work orders were raised following the survey to address the leaks.
On 5 May 2022 the landlord raised a work order to clear the gutters. The work order refers to a report of a leak. The landlord’s records show the job was cancelled.
On 27 October 2022, the landlord raised a work order to trace a leak in the living room. The repair was assigned a ’90 day’ priority.
The resident told the landlord on 22 November 2022 that the leak was getting worse and needed to be fixed. The landlord rescheduled the repair to take place on 29 November 2022. The repair records show the appointment was cancelled.
On 17 February 2023 the resident sent the landlord a list of 18 repairs. The leak in the front room was included on the resident’s list. The landlord raised a work order to address the leak on 24 February 2023. The order was recorded as complete on 18 April 2023.
The landlord’s repairs policy at that time set out 3 categories of repairs and associated response times. It stated the landlord would attend ‘emergency’ repairs within 24 hours, ‘urgent’ repairs within 3 workings days and ‘routine’ repairs within 20 working days. The landlord completed the repair to the leak 355 working days after the survey noted a repair was required. That was a clear failure to comply with its policies. We have not been provided with reasons or evidence to show this delay was outside the landlord’s control or why the repairs that were booked were cancelled.
On 21 June 2024 the resident complained to the landlord that it had taken 3 years to fix a leak. The landlord provided a stage 1 response on 12 July 2024. The response said it had conducted a survey in November 2023 and had subsequently raised a job with a roofing contractor and completed the works on 2 February 2024.
After the resident asked for the complaint to be reviewed, the landlord provided a stage 2 response on 6 September 2024. It apologised for the delay in carrying out the repair to the guttering (and fixing the external leak). It awarded £100 for the delay and £20 for time and trouble this caused to the resident.
In summary, the landlord failed to raise repairs to address the leaks identified in the November 2021 survey within a reasonable timeframe. The internal leak was resolved in April 2023, and the external leak in February 2024. Both repairs took significantly longer than the timelines set out in the landlord’s repairs policy. The landlord’s communication was poor, and the resident had to chase it for updates. The landlord awarded £120 compensation, however, this did not put things right due to the extent of the failings and the distress caused to the resident.
As a result of these failings, which took place over a prolonged period there was maladministration in the landlord’s handling of the resident’s reports of leaks. The landlord is ordered to apologise to the resident and to pay a further £400 compensation. This means the total compensation for the distress and inconvenience caused by the landlord’s failings is £520. This places the compensation award within the range set out in our remedies guidance for a failure that had a significant impact on the resident. This fairly recognises the distress and inconvenience caused to the resident by outstanding works in the property that will have affected her enjoyment of the home.

Complaint handling

The landlord has a two-stage complaints process. Its complaints policy states:
1. At stage 1 the landlord will acknowledge receipt of a complaint within 5 working days and provide a response within 10 working days.
2. If a resident wants to escalate a complaint, they should do so within 20 working days of receiving the stage 1 response.
3. The landlord will acknowledge receipt of a request to escalate the complaint within 5 working days and provide a stage 2 response within 20 working days.
There is no evidence the landlord acknowledged receipt of the resident’s request to reopen her earlier complaint.
The landlord provided a stage 1 response in 16 working days, which was 6 working days after the response time stated in its complaints policy.
The landlord was not required to ‘reopen’ the complaint. As 13 months had passed since it provided its first stage 1 response, it was reasonable for the landlord to handle the request as a new complaint. However, we would expect the landlord to explain to the resident why it had declined her request to reopen the complaint. This is set out in our Complaint Handling Code.
On 14 July 2024 the resident told the landlord it had not addressed most of the issues she had raised. She rejected the compensation and said she had spent £1924.23 because of the damp and mould.
The landlord provided a stage 2 response on 6 September 2024. It asked the resident to complete an insurance claim form for the expenses she said she had incurred. It was reasonable for the landlord to signpost the resident to its insurer.
There is no evidence the landlord acknowledged receipt of the resident’s request to escalate her complaint. It provided a stage 2 response 40 working days after the resident expressed dissatisfaction with the stage 1 response. This was 30 working days after the response time set out in its complaints policy.
In summary, the landlord did not acknowledge receipt of the resident’s complaint or escalation request. It failed to explain why it did not agree the resident’s request to reopen an earlier complaint. The landlord did not provide complaint responses within the timelines set out in its complaints policy. As a result of these failings there was service failure in the landlord’s complaint handling. The landlord is ordered to apologise, and to pay £100 compensation for the time and trouble caused to the resident. This amount is calculated in accordance with the Ombudsman’s remedies guidance.

Determination

In accordance with paragraph 42.a of the Housing Ombudsman Scheme, the landlord’s response to the resident’s reports of foxes is outside of the Ombudsman’s jurisdiction.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its response to the resident’s reports of damp and mould.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its response to the resident’s reports leaks.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its complaint handling.

Orders and recommendations

The landlord must, within 4 weeks of the date of this determination:
1. Apologise to the resident for the failings identified in this report.
2. Pay the resident £1,270 compensation. This comprises:
  1. £650 for the distress and inconvenience caused to the resident by the landlord’s failings in its response to the resident’s reports of damp and mould.
  2. £520 for the distress and inconvenience caused to the resident by the landlord’s failings in its response to the resident’s reports of leaks.
  3. £100 for the time and trouble incurred by the resident as a result of the landlord’s complaint handling failures.

If the landlord has paid £220 compensation awarded at stage 2, this figure can be deducted. The additional £1,050 compensation ordered by the Ombudsman must be paid direct to the resident and must not be paid to a rent or service charge account. The landlord must provide documentary evidence demonstrating compliance with this order within 4 weeks of the date of this determination.

The inspection order

The landlord must ensure that a survey inspection is booked and takes place within 4 weeks of the date of this determination. The inspection must consider the damp, mould and leaks in the property and associated defects and repairs. The landlord must ensure that the surveyor provides a full report to it, including photographs and a scope of works, within 10 working days of the date of the inspection. The landlord must provide the resident and this Service with a copy of the report within 5 working days of receipt.

The works order

Following receipt of the inspection report (survey), the landlord must use its best endeavours to ensure all works are commenced within 28 days of the date it receives the report. The landlord must, within 9 weeks of the date of this determination, provide evidence that it has commenced the works or provide reasons and evidence as to why it has not/cannot start the work within these timescales, together with amended start times.

Recommendations

Following completion of the works, the landlord should review whether there were any avoidable delays during the works and consider how it will recognise the impact of any delays. It should provide a letter setting out its assessment and any redress it believes is appropriate.