Haringey London Borough Council (202512736)

Background

1. The resident lives with her partner and 3 children. One of her children has autism. She reported faulty windows which she said caused damp and mould to her landlord on several occasions. She approached us because she said the landlord had not repaired or replaced the windows. It also did not resolve the damp and mould issues or complete any repairs. The resident is concerned for the health and wellbeing of her household. As an outcome to her complaint, the resident would like the windows to be replaced and for the damp and mould to be resolved.

What the complaint is about

2. The landlord’s handling of the resident’s reports of:
   1. The condition of her windows and associated damp and mould.
   2. The landlord’s complaint handling.

Our decision (determination)

3. We found severe maladministration in the landlord’s handling of the resident’s reports of the condition of her windows and associated damp and mould.
4. We found maladministration in the landlord’s complaint handling.

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

Summary of reasons

5. The landlord did not abide by its repairs policy or its damp and mould policy. It also failed to consider the vulnerabilities in the household. It did not act on recommendations from its surveyors and contractors to replace the windows or carry out any other works.
6. The landlord did not comply with the Complaint Handling Code (the Code) or its complaints policy. It did not respond to the resident’s initial stage 1 complaint. And it did not respond to the stage 2 complaint until intervention from the Ombudsman.

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.

Recommendations

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

Our investigation

The complaint procedure

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.

7. The landlord is responsible for the structure of the building, including external doors, window catches and window frames. It says it will ensure a property is structurally sound and weatherproof. Its repairs policy states that it will attend to emergency repairs within 24 hours, urgent repairs within 7 calendar days and routine repairs within 28 calendar days. In respect of planned repairs (major works), these will be attended to within 80 calendar days. The policy states that the landlord will keep residents updated of timescales and any interim arrangements.
8. In respect of vulnerable residents, the policy states that the landlord will prioritise repairs as these residents may be at greater risk of harm due to disrepair.
9. Its damp and mould policy states that it categorises reports of damp and mould into the following:
   1. Category 1 (serious hazards) where the landlord will respond within 5 working days and a surveyor will then inspect within 1 working day and complete the works within 3 months. It will temporarily move residents out of the home immediately if the location of the mould poses a risk to the household’s health, and if it cannot remove the risk immediately due to the extent of the work.
   2. Category 2 (moderate hazards) – The landlord will respond within 5 working days and then a surveyor will attend within 5 working days and agree an action plan with the resident, including a schedule of works. In the meantime, it will carry out mould washes and provide dehumidifiers. It will then carry out repairs according to its repairs policy. If the damp and mould are causing an adverse effect on vulnerable residents due to age or health conditions, it may offer a temporary move.
10. The landlord’s repair records show that the resident initially reported damp and mould and defective windows in 2015. We cannot investigate reports of repairs which are over a year old. However, it is concerning that no works were carried out between 2015 until the present day.
11. It was appropriate that when the resident reported long standing issues with her windows and damp and mould to her property on 4 March 2025, that the landlord carried out a survey on 24 March 2025. Albeit, this was 14 working days later, and outside of the landlord’s timeframes. This shows the landlord adopted an inquisitorial approach which was reasonable.
12. However, although the surveyor concluded that the windows needed to be replaced, and followed this up with its major works team, these works have still not been completed. This is 10 months after the resident reported the damp and mould to the landlord. This is particularly concerning as the resident had advised the landlord that her young child had a history of asthma. And another child had a disability. The works to the extractor fan and downpipe have also not been completed. This is a further failing on the part of the landlord and not in line with its repairs policy.
13. The landlord did not comply with its damp and mould policy. Nor did it consider offering the resident alternative accommodation, pending completion of the works. This is contrary to its policy. It completed no interim measures apart from a mould wash on 18 March 2025. This is a significant failing which impacted on the resident’s enjoyment of her home and caused her distress and frustration.
14. Landlords have a duty to ensure their properties are free from hazards including damp and mould. The Housing Health and Safety Rating System says the most vulnerable group are those aged under 14 years of age. The landlord was aware that there were children in the property, one of whom had a disability. And another child with asthma. But it took no measures to carry out the repairs in a reasonable timeframe. Nor did it offer any temporary solutions to mitigate the adverse effect on the household.
15. Landlords also have a duty to ensure their homes are ‘fit for human habitation.’ This means they must make sure homes are safe, healthy and free from things that could cause serious harm, including damp and mould that can affect the air quality.
16. It is not within our remit to comment on whether damp and mould affected the health of the resident or her children. But the resident had expressed her concerns for the wellbeing of her family on several occasions. Although the landlord did investigate and carry out a survey, it did not act on any of the recommendations. And the resident and her family are still living in a home with damp and mould. The landlord’s failure to carry out works is a significant failing, which caused distress and frustration to the resident. It had also had a significant impact on the enjoyment of her home.
17. Despite the surveyor’s recommendations to replace the window frames, the landlord sent a glazier to carry out a further inspection on 23 April 2025. The glazier also concluded that the window frames needed to be replaced due to the metal frame. This duplication of inspections, contributed to another unnecessary delay to the works being actioned.
18. The landlord did not keep the resident updated as to progress of any proposed works, until she made another stage 1 complaint in May 2025. This is contrary to its damp and mould policy and a failing, which continued to cause the resident distress and frustration. It also impacted on the landlord and resident relationship. And caused her time and trouble in pursuing the matter.
19. Strong record keeping is a prerequisite to providing a good housing management service. In her original stage 1 complaint, the resident told the landlord that she had a child with asthma. In her complaint of 2 May 2025, she also told the landlord that she had a disabled child. She clarified in her stage 2 complaint, that her child had autism. But the landlord has advised us that there are no vulnerabilities recorded on file. This is inappropriate. It is unclear why the landlord did not update its vulnerability records. This poor record keeping is a further failing.
20. Also, the landlord did not act within its repairs policy or make any allowances for the household vulnerabilities, when carrying out repairs. This is a further failing. This made the resident feel “unheard” and caused her distress and frustration. It also continued to impact on the enjoyment of her home.
21. It was also inappropriate that in its stage 1 and 2 complaint responses, that the landlord told the resident that the windows to her property were part of a borough wide programme expected to commence in November 2025. Although we understand that major works can be expensive and time consuming, the resident was not requesting an upgrade to her windows. She was asking for her property to be safe and free from hazards. The landlord should have taken steps to complete the works within its 3-month timescale as per its damp and mould policy and its repairs policy on major works. Also, it should have considered offering the resident temporary accommodation whilst the works were carried out, as per its policy. It did neither. This is a significant failing which continued to impact on the resident’s enjoyment of her home.
22. Additionally, the records show that the works to the extractor fan and downpipe were not completed. And the balcony door has not been replaced. By its own admission, the landlord also told the resident on 9 October 2025 that internal mould works had also not been completed. It gave no date for completion of these works. This is unreasonable and caused the resident distress and frustration. Leaks are classed as an emergency repair according to the landlord’s repairs policy. The landlord should have repaired the leak to the downpipe much sooner. This is a further failing.
23. On 14 October 2025 the landlord carried out a roofing inspection, which concluded the damp and mould was due to the balcony doors and windows. It inspected the windows again on 17 and 29 October 2025 and carried out a mould wash. It concluded, on both occasions that the windows needed replacing. The landlord still made no plans to commence the works. This is a failing, which continued to have a significant impact on the resident and on the enjoyment of her home.
24. The lack of replacement of the balcony door is further concerning as the resident has children, one of whom is neuro diverse. And the balcony door is attached to their bedroom. This could constitute a further health and safety hazard. The lack of action continued to have a significant impact on the resident and further affected the landlord and resident relationship.
25. In summary, the landlord did not carry out the repairs which were identified in its survey. It did not replace the windows or the balcony door. Nor did it carry out any internal mould works, apart from mould washes in March 2025 and October 2025. All its inspections identified a need for the windows and balcony door to be replaced. The works remain outstanding as of 28 January 2026.
26. In its stage 2 complaint response of October 2025, the landlord did not offer the resident any timeline for the windows or balcony door replacement. Nor did it offer appropriate compensation for the adverse effect on the resident’s household. This is inappropriate and not proportionate to the impact on the household. The landlord’s compensation policy says that it will pay up to £500 when there has been a serious failing, causing significant impact to the resident. It also pays compensation for room loss or loss of amenity. It pays 25% of the weekly rent for loss of a bedroom. It is not appropriate that the resident was only offered £150. She suffered significant adverse effect, and the children were living in a bedroom, full of damp and mould.
27. The resident’s GP wrote to the landlord in December 2025, advising of the significant adverse health effects on her neurodiverse child, due to the damp and mould. It continued to take no action, despite being on notice of the risks to the household. This is another significant failing.
28. We wrote to the landlord on 14 November 2025 and again on 8 January 2026, giving it notice that there could be a potential significant or emergency hazard (or material change). And to consider this and if Awaab’s law applies. It is positive that the landlord carried out another survey on 26 November 2025. However, once again, the surveyor found mould growth and poor thermal performance from the single glazed and damaged windows. It noted that this presented a potential category 2 risk to the resident’s household, particularly the children. It concluded that the property fell “below the current standard” of residential accommodation.
29. The resident has said that the landlord has carried out no works since this survey, and it has failed to communicate with the resident. The resident still lives in a home with faulty, broken windows and damp and mould as of 28 January 2026. Also, the landlord has not provided evidence that it considered mitigating the risks to the household by considering a temporary move as per its damp and mould policy.
30. Due to the significant delays to works being completed, poor communication and the lack of consideration of alternative temporary accommodation, we have made a finding of severe maladministration. This also considers the vulnerabilities of the household. We have made an order for £1900 compensation. This is £1100 for loss of use of the bedroom from 4 June 2025 (3 months after the resident reported the damp and mould and faulty windows). And £800 for distress and inconvenience and time and trouble to the resident. This replaces the £150 previously offered. This is in line with the landlord’s compensation policy and our remedies guidance where there has been significant adverse effect on the resident, due to failings identified.
31. We have also ordered the landlord to replace the windows, balcony door and extractor fan as per its surveyor’s conclusions. And to repair the downpipe. The landlord’s survey of 26 November 2025 identified a category 2 hazard and deemed the property unsuitable for the household. The work must commence within 28 working days of this report, rather than 80 working days. This is because the landlord has been on notice of the need for repairs for several months.
32. We have also made a learning order in respect of its repairs policy, and damp and mould policy and key information management. We have ordered it to focus on our Spotlight reports. We have also ordered it to update the resident’s record to note the household vulnerabilities on file.

33. Our Complaint Handling Code (the Code) 1 April 2024 requires landlords to acknowledge a complaint within 5 days and respond to stage 1 and 2 complaints within 10 and 20 working days respectively. The landlord’s complaints policy mirrors the Code.
34. The resident made a stage 1 complaint to the landlord on 4 March 2025. The landlord neither acknowledged nor responded to this. This is a failing and contrary to the Code and its own policy. It also caused the resident time and trouble in pursuing the matter, along with distress and frustration.
35. The resident made another stage 1 complaint to the landlord on 2 May 2025, which the landlord acknowledged and responded to within the Code’s timescales.
36. When the resident made a stage 2 complaint on 21 May 2025, the landlord acknowledged the complaint within 1 day, which was appropriate. However, it did not provide a stage 2 response until 9 October 2025, after intervention from us. This was 100 working days after the resident made the complaint and an unreasonable delay. This caused the resident time and trouble in pursuing the matter and distress and frustration. It could also have contributed to the substantive issues being unresolved.
37. The landlord offered the resident £50 for delays in the complaint handling. This is not proportionate to the adverse effect on the resident. Due to the long delays in responding to both the original stage 1 complaint and the stage 2 complaint, we have made a finding of maladministration. We have ordered the landlord to pay the resident £150 compensation. This replaces the £50 previously offered. We have also ordered the landlord to arrange complaint handling training so that its complaints are dealt with in line with the Code. It should focus on our Spotlight report on complaints about repairs, to assist it with its learning.

Learning

Knowledge information management (record keeping)

38. We identified poor record keeping from the landlord. It failed to act on or monitor the repairs the resident reported or the recommendations from its surveyor. It also failed to update the resident’s record to include the household vulnerabilities. We have made a learning order.

Communication

39. We identified poor communication with the resident. The landlord did not update the resident as to progress of works or offer any interim solutions. Nor did it respond internally to its surveyors regarding completing major works.