London Borough of Ealing (202348033)

Decision
Case ID	202348033
Decision type	Investigation
Landlord	London Borough of Ealing
Landlord type	Local Authority / ALMO or TMO
Occupancy	Secure Tenancy
Date	23 April 2026

 

Background

1. The resident lives in the property with her 2 children. In November 2023 we made a determination (202210609) about the landlord’s handling damp and mould between April 2022 and September 2023. In May 2023 it moved the resident to temporary accommodation for 6 months to allow it to carry out damp and mould repairs. While she was away from the property the resident reported that a contractor had forced entry to a locked room and her belongings were missing. Shortly after returning to the property she reported that the damp and mould had returned. She said this was because the landlord had not installed thermal boarding as proposed.

 

What the complaint is about

2. The landlord’s handling of the resident’s report that:
   1. damp and mould had caused damage to the resident’s sofa, curtains, and flooring
   2. items were stolen from the property during damp and mould works
   3. damp and mould had returned because the landlord did not install thermal boarding
3. The landlord’s handling of the complaints.

 

Our decision (determination)

4. We found:
   1. service failure in the landlord’s handling of the resident’s report that damp and mould had caused damage to the resident’s sofa, curtains, and flooring
   2. reasonable redress in the landlord’s handling of the resident’s report that items were stolen from the property during damp and mould works
   3. service failure in the landlord’s handling of the resident’s report that damp and mould had returned because the landlord did not install thermal boarding
   4. maladministration in the landlord’s handling of the complaints.

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

 

Summary of reasons

Damp and mould had caused damage to the resident’s sofa, curtains, and flooring

5. The landlord responded reasonably to the damage to the resident’s curtains. However, it did not provide a satisfactory explanation of why it was only offering her 50% of the cost of her sofa. Nor has it inspected the flooring.

Items were stolen from the property during damp and mould works

6. The landlord accepted failings in its handling of this issue. It offered proportionate compensation and committed to making improvements to its service to ensure the failings did not happen again.

Damp and mould had returned because the landlord did not install thermal boarding

7. The landlord has acknowledged that it failed to install thermal boarding as planned and that it should have identified this error through monitoring of the works. It has agreed to complete the works one room at a time to reduce the inconvenience to the family. While the landlord offered compensation for its failings it did not cover the full period of the detriment.

The landlord’s handling of the complaints.

8. The landlord has acknowledged failings in its handling of complaint 1 and offered. However, it has not acknowledged the failings in its handling of complaints 2 and 3 or offered any redress.

 

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 21 May 2026
2	Compensation order The landlord must pay the resident £1,420 made up as follows: £270 for distress and inconvenience for its handling of damp and mould had returned because the landlord did not install thermal boarding – this includes the £170 offered by the landlord in its final response and an additional £100 £700 for damage to the resident’s curtains and sofa as offered by the landlord in its response to complaint 2 £350 for time and trouble in relation to its handling of the complaints as offered by the landlord in its response to complaint 1 £50 for time and trouble in relation to its handling of complaint 2 £50 for time and trouble in relation toits handling of complaint 3 This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid.	No later than 21 May 2026
3	Review offer of compensation The landlord must review its compensation offer for the resident’s damaged sofa. It must ensure it provides an explanation for why it is offering 50% of the cost of the sofa is supported by policy, procedure, and the circumstances of the case.	No later than 21 May 2026
4	Inspection order We have made an inspection order because the resident reports the flooring is lifting in areas following its replacement due to damp and mould.  What the landlord must do  The landlord must contact the resident to arrange an inspection. The landlord must take all reasonable steps to ensure the inspection is completed by the due date. A suitably qualified person must complete the inspection. 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.	No later than 21 May 2026
5	Inspection order The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by someone suitably qualified to complete an inspection of the type needed. 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 all areas for damp and mould and produces a written report with photographs 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 21 May 2026

 

Recommendations

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

Our recommendations
If it has not already done so the landlord should pay the resident it offered in its final response to complaint 2: £370 for items stolen from the property £750 for distress and inconvenience for its handling of her reports that items were stolen from the property We have made the finding of reasonable redress on the basis this is paid.
On completion of the thermal boarding works the landlord should recalculate its compensation offer. It should ensure its offer is in line with its policy which sates it will pay 15% of the rent for loss of the use of 1 bedroom.

 

Our investigation

The complaint procedure

Date	What happened
26 September 2023	The resident complained that damp and mould in the property had caused damage to her sofa, curtains, and flooring (complaint 1). We have not been provided with a copy of the complaint.
4 October 2023	The resident complained that, while she had been in temporary accommodation to allow works to be completed to the property, a contractor had forced entry to a locked room and stolen belongings (complaint 2). She detailed the items that were missing which included several video game consoles, video games, and a television. The resident said she wanted the landlord to investigate what had happened and replace the stolen items.
24 October 2023	The landlord said it was unable to respond to complaint 1 as the issue had been referred to the Ombudsman.
8 December 2023	The landlord said complaint 2 was being investigated by its disrepair team and it would respond when the police completed their investigation.
26 January 2024	The resident said the contractor confirmed that thermal boarding was not installed while she was in temporary accommodation despite being part of the scope of works (complaint 3). She also said that the issues she raised in Complaint 1 and Complaint 2 had not been resolved.
25 March 2024	The resident’s local councillor asked the landlord to respond to the resident’s outstanding concerns in relation to complaints 1, 2, and 3.
10 April 2024	The landlord acknowledged complaint 3.
12 April 2024	The landlord provided its stage 1 response to complaint 3. It said that due to an administrative error, the thermal boarding had not been installed while she was away from the property. It apologised and said it would address this with the contractor and complete the works when the resident agreed an appointment. The landlord said it had closed complaint 1 and complaint 2 but would re-open them.
17 April 2024	The landlord acknowledged the resident’s stage 2 complaint escalation for complaint 3.
18 April 2024	The landlord acknowledged the resident’s stage 2 complaint escalation for complaint 1.
16 May 2024	The landlord provided its stage 2 response to complaint 2. It said: a contractor had forced entry into a secured room in the property in breach of its procedures it had requested that the contractor complete a full investigation and would update her on the findings work should have stopped when the resident reported the issue but instead work continued and the room remained unsecured for 5 days it accepted that several items went missing while the room was unsecured The landlord offered the resident compensation of £1,120 which was made up of: £370 compensation for the missing video consoles and games £750 for distress and inconvenience The landlord said it would be putting new procedures in place to prevent similar incidents in the future.
16 May 2024	The landlord provided its stage 2 response to complaint 3. It said: it was sorry it had not completed the thermal boarding works and that its surveyor did not identify this error it understood her frustration that as a result, it would have to complete the work with her in the property it would complete the works one bedroom at a time to avoid both children being unable to use their bedrooms at the same time The landlord offered the resident £218 compensation: £170 for the time taken to resolve the issue (£10 per week from 22 January 2024 to 14 May 2024) £48 rent refund for reduced bedroom capacity during the works (£24 per week for 2 weeks)
20 May 2024	The landlord provided its stage 2 response to complaint 1. It acknowledged it had not responded correctly at stage 1 as it had failed to identify that the resident’s concerns about damage to her belongings were not part of the ongoing Ombudsman complaint. The landlord confirmed it had replaced the resident’s flooring which had been damaged by damp and mould. It said it would inspect the new flooring which she said was lifting. It offered the resident £1,050 compensation: £650 (50% of the cost of the sofa) £50 (100% of the cost of the curtains) £350 in relation to its handling of the complaint
Referral to the Ombudsman	The resident escalated her complaint to us as she remained dissatisfied with the landlord’s handling of her concerns. As a resolution she wants the landlord to move her to another property.

 

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	Damp and mould had caused damage to the resident’s sofa, curtains, and flooring
Finding	Service failure

9. The landlord has not provided evidence of when the resident first reported damage to her sofa and curtains. However, she asked it to raise a complaint about the issue in September 2023.
10. In its final complaint response the landlord acknowledged that the damage was caused by damp and mould and offered the resident compensation. This was appropriate.
11. The landlord offered the resident £50 compensation for the curtains – the full cost of the curtains. However, it only offered the resident half of the cost of the sofa. The landlord said it had considered the age of the items when calculating the compensation. However, it did not provide any further detail. It would have been appropriate for it to provide a full explanation of how it calculated the compensation it offered and how its policy supported this.
12. The landlord has acknowledged that it had replaced the resident’s flooring as it was damaged by contractors. It is unclear when it this occurred. The resident reported that the replacement flooring was beginning to lift in areas. In its final response the landlord said it would inspect the flooring. The resident states it has not done so and we have seen no record of any inspection.
13. Overall, the landlord responded reasonably to the damage to the resident’s curtains. However, it did not provide a satisfactory explanation of why it was only offering her 50% of the cost of her sofa. Nor has it inspected the flooring. It therefore has not adequately addressed the resident’s concerns.

Complaint	Items were stolen from the property during damp and mould works
Finding	Reasonable redress

14. On 30 September 2024 the resident reported that a contractor had forced entry to a room which the resident had left locked as it contained valuables. She had subsequently found that several items had been stolen. In her complaint she said the landlord had not taken her report seriously and had continued to allow contractors access to the property after her report when it knew her valuables were insecure.
15. The landlord told the resident that it was investigating the incident and would respond following the police investigation. This was appropriate in the circumstances.
16. On 14 February 2024 the resident advised the landlord that the police had completed their investigation. The letter from the police stated they had been unable to identify a suspect as during the time the room had been left insecure many contractors had had access to the property.
17. The landlord has acknowledged that its asbestos contractor wrongly forced entry into the secured room. It said that its procedure was that the contractor should have reported that the room was inaccessible and should not have broken in.
18. The landlord has also accepted that, on the resident making it aware that the room was insecure, works continued for 5 days. It has said that it should have stopped all works immediately.
19. In its complaint response the landlord offered the resident compensation of £1,120 which included £370 for the stolen items and £750 for distress and inconvenience. It also explained that it was reviewing its procedures and would implement improvements to prevent similar failings in the future.
20. We consider that the compensation offered was proportionate and resolves the complaint satisfactorily.

Complaint	Damp and mould had returned because the landlord did not install thermal boarding
Finding	Service failure

What we have not considered

21. The landlord has not yet installed the thermal boarding or carried out further works to resolve the damp and mould. The resident reports the issue is ongoing. In July 2024 the resident made a further complaint about the landlord’s handling of the damp and mould (including the thermal boarding works). This complaint had not completed the landlord’s internal complaints process when the resident brought this case to us. As it has now completed the complaints process, we will consider the landlord’s handling of that and other complaints within a separate investigation (202548453).
22. This investigation focuses on events relating to the thermal boarding in the period from September 2023 to May 2024.

What we have considered

23. The landlord has acknowledged that, due to an administrative error, its contractor did not install thermal boarding to the bedrooms during the damp and mould works. It has also acknowledged that it should have picked up on this error through its monitoring of the works.
24. Throughout the complaint process the resident has described the impact of the failing on her family. She reports that because of the damp and mould her teenage son has had to sleep in bed with her. She has explained that this impacted negatively on his schooling. The resident also reports that her daughter has been cleaning the mould regularly as the resident has a disability and is unable to do so.
25. The landlord acknowledges that, because of the failing, the resident will experience inconvenience as it will need to complete the works with them in the property. This inconvenience would have been avoided had it completed the works when she was in temporary accommodation.
26. To limit the inconvenience to the resident, the landlord has proposed to install the boarding one bedroom at a time. This will increase the overall time taken but will ensure one bedroom remains in use. Its attempts to mitigate the impact on the family are appropriate.
27. As a resolution to her complaint the resident has stated she would like the landlord to offer her a permanent transfer. This is not an order we can make as the landlord must manage its transfer process in accordance with relevant legislation and its allocations policy.
28. The landlord offered the resident compensation of £170, £10 per week for the time it took to resolve the issue. It calculated this from 22 January 2024 to 14 May 2024. The resident returned to the property on 9 November 2023. The landlord should have identified the error prior to handover. Therefore, it should have calculated the compensation from that date. We have increased its compensation for this element to £270 to reflect this. This is in line with our compensation guidance.
29. The landlord also said it would provide a £48 rent refund for the reduced bedroom capacity during the works (£24 per week for 2 weeks). The landlord’s policy states it will pay the resident 15% of the rent where they lose the use of 1 bedroom (for a 2-bed property). It was reasonable that it offered this. However, as it has not completed the works it has not made the payment.

Complaint	The handling of the complaint
Finding	Maladministration

Complaint 1

30. On 26 September 2023 the resident complained that damp and mould in the property had caused damage to her sofa, curtains, and flooring. The landlord has not provided a copy of the original complaint. It did not acknowledge the complaint in writing in line with its policy and the Ombudsman’s Complaint Handling Code (the Code).
31. It took the landlord 20 working days to provide a stage 1 response. This exceeds the 10-working day timeframe in its policy and the Code. The landlord told the resident it would not respond to the complaint as she had escalated her damp and mould case to the Ombudsman. It has since acknowledged that this was incorrect as the damaged furnishings did not form part of the case previously brought to us.
32. In January 2024 the resident told the landlord that her concerns had not been resolved. This was an opportunity for the landlord to escalate the complaint but it failed to do so.
33. On 25 March 2024 the resident’s local councillor asked the landlord to respond to several complaints made by the resident, including this one. It took the landlord 17 working days to acknowledge this as a stage 2 complaint. This exceeded the 5-working day timeframe in the Code and its own policy.
34. The landlord acknowledged its failings in its final response and offered the resident £350 compensation for its handling of this complaint. This is broadly in accordance with our compensation guidance and the landlord’s own policy.

Complaint 2

35. On 4 October 2023 the resident complained about the landlord’s handling of her report that items had been stolen from her property. The landlord did not acknowledge the complaint in writing.
36. It took the landlord 47 working days to provide its stage 1 response. This exceeds the 10-working day timeframe in the Code and its policy. It told the resident that it was investigating the incident and would respond following the police investigation. However, when the resident told it that the police had finished their investigation in February 2024, it failed to escalate the complaint to stage 2.
37. The resident’s local councillor asked the landlord to escalate the complaint on 25 March 2024. It took 36 working days for the landlord to provide its response. This exceeds the 20-working day timeframe in the Code and its policy.
38. The landlord did not offer the resident any redress in relation to its handling of this complaint. Our compensation guidance suggests that compensation of up to £100 is appropriate where there was a complaint handling failure that adversely affected the resident which the landlord has not acknowledged or put right. We consider that £50 is proportionate to the impact on the resident in this case.

Complaint 3

39. On 26 January 2024 the resident complained that the landlord had not installed thermal boarding while she was in temporary accommodation. The landlord failed to log her complaint until her local councillor asked it to.
40. It took the landlord 54-working days to provide its stage 1 response. This exceeds the 10-working day timeframe in the Code and its policy. It provided its stage 2 response within 20-working days in line with the timeframes in the Code and its policy.
41. The landlord failed to acknowledge its complaint handling delays in relation to this complaint. Therefore, it did not offer any redress. Our compensation guidance suggests that compensation of up to £100 is appropriate where there was a complaint handling failure that adversely affected the resident which the landlord has not acknowledged or put right. We consider that £50 is proportionate to the impact on the resident in this case.

Learning

42. This case indicates that clearer and more transparent compensation calculations are required, including detailed breakdowns and a clear explanation of how the landlord’s policy underpins the amounts offered.
43. This case highlights the need for complaint handling to align with policy and the Complaint Handling Code, including timely responses, staff awareness of requirements, and effective performance monitoring.

Knowledge information management (record keeping)

44. We did not find any record keeping issues in this case.

Communication

45. We did not find any failings in the landlord’s communication.