Barnsley Metropolitan Borough Council (202407347)

Decision
Case ID	202407347
Decision type	Investigation
Landlord	Barnsley Metropolitan Borough Council
Landlord type	Local Authority / ALMO or TMO
Occupancy	Secure Tenancy
Date	13 November 2025

Background

1. The resident has lived in the property, a 3 bedroom house, since 2005.
2. In the stage 1 complaint the resident raised a number of repairs. Some were then resolved to her satisfaction and not escalated to stage 2. Therefore, those repairs are not assessed in this report.

What the complaint is about

3. The landlord’s handling of damp and mould repairs.
4. We have also considered the landlord’s complaint handling.

Our decision (determination)

5. There was maladministration in the landlord’s handling of damp and mould repairs.
6. There was no maladministration in the landlord’s complaint handling.

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

Summary of reasons

7. There were unreasonable delays in the landlord completing damp and mould repairs.
8. The landlord’s complaint responses were issued within appropriate timescales.

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	Compensation order The landlord must provide evidence it has paid directly to the resident £600 compensation (less £160 if already paid). This is to recognise the distress and inconvenience caused by its delayed repairs.	No later than 12 December 2025
2	The landlord must provide evidence it has referred the resident to its liability insurer regarding possible damages to health and belongings.	No later than 12 December 2025
3	The landlord must provide evidence it has spoken to the resident about the damaged plasterwork caused by recent repairs and provide timescales for any remedial work required.	No later than 12 December 2025

 

Our investigation

The complaint procedure

Date	What happened
21 February 2024	The resident made a stage 1 complaint that: There was water dripping from the ceiling and running down the walls. Re-pointing brickwork had not been done, causing damp. No date had been set for the planned new kitchen. Floor boards and carpet had not been replaced properly following previous works. Photographs were included that showed wet walls, mould spots and cracked plaster.
6 March 2024	The landlord gave its stage 1 response. It outlined plans for most of the repairs, including timescales. Regarding the re-pointing and damp, the landlord said it had referred it as urgent to the planned maintenance officer.
17 April 2024	The resident escalated the complaint as she had not heard anything about the damp and mould repairs.
20 June 2024	The landlord gave its stage 2 response. It apologised for the delay in contacting the resident about the damp and mould repairs. It explained next steps for appointments and works and offered £160 compensation.
Referral to the Ombudsman	The resident said the damp and mould was unresolved and she would like more compensation for damaged items.

 

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	The handling of damp and mould repairs
Finding	Maladministration

9. Records show the landlord apologised to the resident in September and November 2023 for a delay in planned works. These were repairs linked to damp and mould. The fact the resident had cause to formally complain in February 2024 that they were still outstanding was unacceptable.
10. A main area of concern was that the brickwork needed re-pointing, as this was a cause of damp inside the property. In the stage 1 response, the landlord said it had referred the matter to its planned maintenance officer as urgent. The resident heard nothing further about this, causing her to escalate the complaint on 17 April 2024. This was a failure in service and not a reflection of the urgency promised in the stage 1 response.
11. Property inspections were completed in May and June 2024. There was mould in the resident’s daughter’s bedroom, the living room and the bathroom. Various repairs were identified including replacing wall ties, re-pointing brickwork, and repairing the bathroom fan.
12. The landlord acknowledged in the stage 1 response that an inspection should have been completed by 5 April 2024. It said internal emails to the damp and mould team were either not received or not actioned. This was a failure and unfair to the resident who had to chase the matter.
13. The bathroom fan was repaired on 19 July 2024, within the landlord’s target timescale set by the inspection. The replacement of wall ties were added to the landlord’s planned programme of works. The repointing could not be done until that was completed. In September 2024 the landlord told the resident it would contact her quarterly to advise of timescales. It was part of a rolling programme based on priority. We have not seen evidence of such communication. Either the landlord failed to update the resident, which was unreasonable and a failure, or it has not provided us with its full records.
14. The wall ties and repointing were completed on 1 August 2025, 18 months after the resident formally complained. This was an unreasonable delay. After the inspection in May 2024 the landlord said “We assure these works will be conducted as soon as (weather) conditions permit.” It failed in this. Summer 2024 would have given this opportunity but it did not complete repairs until 1 year later.
15. The landlord’s planned works policy does say work is prioritised and can take up to 18 months. However, the resident’s works was not prioritised appropriately. The landlord made a commitment to complete it much earlier but failed to do so. The landlord’s damp and mould policy says it has a commitment to residents to:
    1. Resolve damp and mould issues in a timely and effective way. 
    2. Provide dry, warm, healthy and safe homes.
16. The fact the resident was waiting for so long with visibly wet and mouldy walls shows the landlord failed in this commitment. The extensive delay, lack of communication and detriment caused to the resident are all a result of the landlord’s failures. It amounts to maladministration.
17. The resident has reported that delays in addressing damp and mould has caused medical issues for her daughter and has damaged personal belongings. This is a matter for the landlord’s liability insurers and the resident may wish to seek independent legal advice.
18. At stage 2 the landlord offered £160 compensation for the delayed property inspection. That may have been in line with its policy for that specific delay, but subsequent delays have exceeded that. A sum of £600 is in line with our remedies guidance for this level of failure which adversely affected the resident. It is proportionate to the stress, time and inconvenience caused. The landlord is ordered to pay the resident £600 (less the previous £160 if already paid). It must also provide details of its liability insurers to enable the resident to make a claim regarding medical issues and damages if she wishes.
19. The resident informed us on 6 November 2025 that the repair works have resulted in numerous large holes in the plasterwork inside her property. The landlord is ordered to speak to the resident and agree a plan with timescales to remedy this.

Complaint	The handling of the complaint
Finding	No maladministration

20. The landlord provided its stage 1 response within its target timescale of 10 working days.
21. The landlord’s complaint policy says it should respond to stage 2 complaints within 20 working days. It is able to extend the timescale with good reason as long as it informs the resident. The landlord wrote to the resident 19 working days after acknowledging the stage 2 complaint. It said it needed further time to respond and would do so by 20 June 2024. It then met that deadline. It was reasonable for the landlord to extend its response time as this was to allow the property inspections to take place. Therefore, there was no maladministration in the landlord’s complaint handling.

Learning

Knowledge information management (record keeping)

22. If the landlord did send quarterly letters to the resident about planned works, we did not receive them.

Communication

23. Communication was prompted and chased by the resident throughout these works.