London Borough of Wandsworth (202416552)

Decision
Case ID	202416552
Decision type	Investigation
Landlord	London Borough of Wandsworth
Landlord type	Local Authority / ALMO or TMO
Occupancy	Flexible Tenancy
Date	20 April 2026 (amended version)

Background

1. The resident lives in a 3-bedroom house owned by the landlord. The landlord’s records note the resident has anxiety and depression. The resident’s complaint is about various issues including the condition of the garden, reports of damp and mould, pest infestation, and a gas leak. The landlord arranged various work however, the resident remained dissatisfied with the landlord’s response and escalated her complaint to us.

What the complaint is about

2. The complaint is about the landlord’s response to concerns about:
   1. Damp and mould.
   2. The condition of the garden.
   3. Pest infestation and associated works.
   4. A gas leak.
3. We have also considered the landlord’s complaint handling.

Our decision (determination)

4. The landlord’s response to concerns about damp and mould are outside of jurisdiction.
5. We have found no maladministration with the landlord’s response to concerns about the condition of the garden.
6. We have found no maladministration to the landlord’s response to concerns about pest infestation and associated works.
7. We have found no maladministration to the landlord’s response to concerns about a gas leak.
8. We have found service failure with the landlord’s complaint handling.

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

Summary of reasons

9. The resident raised a legal disrepair claim with the landlord about damp and mould which was settled.
10. The landlord had no obligation to conduct garden works. However, it cleared the garden as a gesture of goodwill.
11. The landlord arranged several pest control and proofing works. It gave the resident appropriate advice about the treatment of moths.
12. There is no evidence of a gas leak at the property.
13. The landlord did not comply with the Complaint Handling Code.

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 10 April 2026

 

Recommendations

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

Our recommendations
The landlord should contact the resident to discuss any outstanding pest treatment and proofing works.
The landlord should consider having a pest policy if it does not have one already.

 

Our investigation

The complaint procedure

Date	What happened
May 2024 to June 2024	On 22 May 2024, the resident raised a complaint about several repair issues, including damp and mould, pest infestation, and garden works. On 14 June 2024, the landlord issued its stage 1 response, providing a detailed chronology of events. The key points were: When the tenancy began in 2021, the landlord agreed to carry out several tasks, including providing rodent pest treatment, and completing garden works. The landlord attempted to inspect the property in July 2022 but could not gain access and left a calling card. In July 2022, it received a disrepair claim. The claim was resolved on 13 December 2023, with a settlement in which the resident confirmed that all claimed works had been completed. It inspected the property on 14 May 2024. It found the wallpaper in the hall and living room to be in reasonable condition and there were no signs of mould or smell of mould at the time of the visit. It said it would arrange a mould wash if it found any mould present once wallpaper had been stripped. It found a small amount of mould in the corner of the wall/ceiling on the 1st floor and an order was raised for this to be cleaned and painted by 21 June 2024. The ongoing rodent problem had been made worse by the overgrown garden, and the landlord had agreed to carry out further clearance work.
June 2024 to July 2024	On 24 June 2024, the resident escalated her complaint. She explained that the issues were affecting her wellbeing and asked the landlord to: Remove wallpaper to address mould and an “unpleasant smell.” Complete garden works and repair the garden fencing. Replaster the wall behind the toilet. Inspect and repair the area under the bath. Resolve an issue with a gas pipe. The landlord issued its stage 2 response on 16 July 2024. It stated: The resident was responsible for maintaining the garden. However, the landlord had agreed to clear it as a gesture of goodwill, on the basis that the resident would take responsibility for upkeep going forward. The clearance was completed on 10 June 2024. It was in the process of obtaining quotes for repairs to the garden wall and would update the resident once an estimated completion date was known. The defective fence belonged to a neighbour, who was responsible for its maintenance. The landlord agreed to write to the neighbour to inform them. It had previously inspected the property and found no visible mould on the walls, so it would not remove the wallpaper. Pest treatment and proofing works had already been carried out in the bathroom. It was continuing to investigate by removing the boxing-in behind the toilet and would arrange any further necessary repairs. It had installed a new toilet pan and bath panel and had boxed in the area behind the toilet. It had no record of any reported gas leak.
Referral to the Ombudsman July 2024	The resident remained dissatisfied with the landlord’s response. She wanted the landlord to: Provide a permanent solution for the garden, including levelling the area and treating the weeds. Carry out interior repairs, including removing outdated wallpaper, treating mould, and repainting. Implement more effective pest‑control measures, including inspection and treatment under the bath panel and behind the toilet.
December 2024	On 20 December 2024, the resident’s solicitor issued a pre‑action protocol letter to the landlord regarding alleged disrepair. The issues raised included damp and mould. In January 2025, a settlement was agreed relating to the disrepair claim.

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
Finding	Outside jurisdiction

14. We may not investigate matters where a resident has raised the subject matter of the complaint as part of legal proceedings. In this case, we can see legal proceedings were issued in December 2024 and a settlement agreed in January 2025. For this reason, we will not investigate the complaint about the damp and mould.

Complaint	The condition of the garden
Finding	No maladministration

15. The tenancy agreement states the tenant must keep the garden and balcony areas (if applicable) tidy and free from rubbish. The resident must maintain the garden to a reasonable standard.
16. The resident raised a complaint in May 2024. The landlord responded at stage 1 in mid-June 2024. It told her it had already carried out work to the garden when the tenancy began in 2021. The landlord agreed to carry out further clearance work to assist her.
17. The resident escalated the complaint towards the end of June 2024. The landlord responded in July 2024. It told her it had cleared the garden on 10 June 2024 as a gesture of goodwill however she would need to upkeep the garden going forward. The landlord agreed to write to a neighbour about a defective fence. The resident remained dissatisfied and asked the landlord to carry out further garden works that included levelling the area.
18. Overall, given the landlord had no obligation to carry out garden works we are satisfied that the landlord provided a human centric response. We have therefore found no maladministration with the landlord’s response to garden works.

Complaint	Pest infestation and associated works
Finding	No maladministration

19. The landlord has not provided its pest policy and so it is unclear whether it has one. The landlord’s website provides details of how to request a pest control service. For council tenants, it states that the landlord should be informed as some pest issues will be treated. It does not explain what treatments it offers for a tenant.
20. The resident raised an issue with a rodent infestation in April and May 2024. The landlord arranged to inspect the property and treat rodents. The landlord responded at stage 1 in mid-June 2024. It told her the overgrown garden was contributing to the rodent infestation, and it had completed garden works as a gesture of goodwill.
21. Around May 2024 the resident told the landlord she had a moth infestation under the bath. The landlord inspected the property in mid-May 2024 and confirmed there was no evidence of a moth infestation.
22. The resident escalated her complaint towards the end of June 2024. The landlord responded in mid July 2024 at stage 2 and told her it had carried out pest treatment and proofing works to the bathroom. The resident said the moths were under the bath. It did not have access under the bath however while it said it did not treat moths; it arranged a pest control visit. It is unclear of the outcome.
23. In conclusion the landlord demonstrated it had responded to the resident’s reports of rodent and moth infestation. There is evidence pest control attended the property several times during the period April 2024 to July 2024 to complete treatment works and follow on proofing works to the kitchen and bathroom. We have therefore found no maladministration with the landlord’s response to pest infestation and associated works. For completeness, we have recommended the landlord contact the resident to ensure the pest infestation has been resolved. It should also consider implementing a pest policy if it does not have one.

Complaint	Gas leak
Finding	No maladministration

24. Under the Gas Safety (Installation and Use) Regulations 1998 the landlord has a legal obligation to ensure that the gas supply and appliances in a property are in a safe condition, maintained by a gas safe engineer, and that a gas safety check is completed every 12 months.
25. Landlords must comply with the Gas Safety (Installation and Use) Regulations 1998. These regulations require landlords to ensure that gas appliances, fittings, and flues are safe.
26.  In May 2024, the resident told the landlord there were left over heating pipes in the kitchen and bathroom. The landlord responded at stage 1 in June 2024. It told her it had capped off redundant pipes in May 2024. When the resident escalated her complaint, she referred to a gas leak. The landlord sent its stage 2 response in July 2024. It said that it had checked its records and it did not have a recorded gas leak. It did however have a call out for a reported CO alarm activation on 14 November 2023 which was a false alarm. We are therefore satisfied with the landlord’s response to a gas leak and have found no evidence of maladministration.

Complaint	The handling of the complaint
Finding	Service failure

27. The resident raised a complaint on 22 May 2024. The landlord acknowledged the complaint on 3 June 2024 – 7 working days later and slightly over the 5 working day target. It responded within 15 working days (14 June 2024) and slightly over the 10-working day target. While its responses were not in compliance with the Code there is no indication the delay caused an adverse impact on the resident or on the landlord’s complaint handling.
28. The resident escalated her complaint on 24 June 2024. The landlord acknowledged the complaint the same day and sent its stage 2 response was sent on 16 July 2024: 15 working days later and in compliance with the Code’s 20 working day timeframe.
29. Overall, the landlord did not comply with the Code, however, given there was no adverse impact on the resident, we have found service failure in the landlord’s handling of the complaint and ordered the landlord to apologise to the resident.

Learning

30. The landlord should review this complaint and identify areas where it can improve its complaint handling to ensure it complies with the Code.

Knowledge and Information Management

31. The landlord should ensure it retains accurate records so that it can inform decision making and provide an audit trail after the event.