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Bristol City Council (202440707)

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REPORT

COMPLAINT 202440707

Bristol City Council

27 August 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

  1. The complaint is about the landlord’s handling of the resident’s reports of leaks, damp and mould and associated repairs to her property.
  2. We have also considered the landlord’s complaint handling.

Background

  1. The resident is a secure tenant of the landlord, a local council. She moved into the property around August 2020, by way of mutual exchange. This is a 3-bedroom end terrace house and the resident lives there with her 2 children. The previous tenant installed a nonstandard bathroom suite, prior to the resident viewing the property.
  2. The landlord does not have any vulnerabilities noted for the resident. But there are various communications to the landlord, where she reports having mobility and breathing issues and poor mental health. The resident has advised this service that she is neurodiverse and has a variety of health issues, along with having sleep apnoea.
  3. On 5 March 2021 the resident first reported a major leak coming through her kitchen ceiling from her bathroom, which the landlord responded to on 8 March 2021. She reported several further leaks from her electric shower from 20 July 2021 to 25 August 2022.
  4. From September 2022 to 13 May 2024, she reported various other repairs including:
    1. Cracks both to the external back wall and the internal walls of the house.
    2. A large hole in her ceiling and further leaks coming from the bathroom.
    3. Broken beading and sealing around 3 windows and broken concrete window plinths.
  5. On 4 April 2024 she completed the landlord’s online damp and mould report. She said she had leaks, black mould, and damp throughout the house. And she had breathing difficulties.
  6. The resident made a stage 1 complaint, via her representative on 5 July 2024. She said:
    1. She had damp and mould throughout her property, which was having an adverse impact on the household.
    2. Her son could not use his own bedroom due to the damp and mould, so had to share with her Neither of them had any privacy.
    3. Her daughter had breathing issues and was using an inhaler.
    4. The ceiling had been damaged after the shower leaked over a year ago and had not been repaired.
    5. Her electric shower had been isolated after the leak, and she no longer had a working shower. The bathroom suite (fitted by a previous tenant) was nonstandard, and she was struggling to get into the bath. She asked when the shower would be repaired or replaced.
    6. She emailed the landlord repairs team on 7 June 2024, outlining all the issues above. A surveyor had visited since but had not given any information as to when the repairs might be completed.
  7. The landlord responded to the resident’s complaint on 12 July 2024. It said:
    1. It was sorry for the delay in responding and for any delays in repairs.
    2. It had contacted its repairs team to investigate the issues. It had requested a surveyor to carry out a survey of the whole house to identify any required repairs. She should be contacted soon for an inspection to be booked.
    3. The shower was isolated to stop any further damage to the property. It was the resident’s responsibility to repair the bathroom fittings to ensure they were watertight. Its repairs team did not repair or take any ownership for nonstandard items fitted by current or previous tenants.
    4. It had contacted its accessible homes team to investigate the issues with the shower and bath. A trained professional would have to assess the resident’s needs. If the assessment identified the need for a level access wet room, the specialist team would agree any works to the property.
  8. The resident made a stage 2 complaint, via her representative on 30 August 2024. She said:
    1. Nothing had been done to resolve the mould, and her son remained sleeping in her bedroom as the damp and mould in his bedroom was so bad.
    2. The household respiratory problems were getting worse. She had shared the health risks numerous times. Her children were at greater risk due to their age and respiratory issues.
    3. A surveyor had visited but no works were carried out and there had been no change since the repairs were raised. She wanted urgent repairs because “a reasonable time” had lapsed.
  9. The landlord responded to the resident’s stage 2 complaint on 27 September 2024. It said:
    1. In April 2024 the resident had reported a hole in the kitchen ceiling, mould in the bedrooms and living room and kitchen. Works had started in September 2024. It acknowledged it had taken too long and upheld these elements of the complaint. It had instructed a contractor to resolve the works and believed works had commenced.
    2. The broken shower was a nonstandard shower (fitted by the previous tenant), which the landlord was not responsible for maintaining. When the resident first reported the leak, its contractor had attended and cut off the water supply to the shower to stop the leak. It could not uphold this part of the complaint. It had recently inspected the property again and as a goodwill gesture it had instructed its contractor to repair the issue causing the leak. This was a one-off repair, and the resident would be responsible for any future issues to this shower.
    3. It was not responsible for the nonstandard bath (fitted by the previous tenant). The resident may be able to get help to adapt her bathroom. It gave her details of its adaptations team.
    4. It offered the resident £250 compensation for the delays in addressing the damp and mould and the hole in the kitchen ceiling. This was for a delay period of 5 months (April to September 2024).

After the internal complaints procedure

  1. The landlord completed the following repairs:
    1.  It applied a mould wash to the bedroom sometime in October 2024 (the exact date is not clear).
    2. The hole in the ceiling was repaired on 20 May 2025.
    3. The landlord replaced the resident’s bathroom sometime between July and August 2025.
  2. The resident advises that the landlord has not addressed the damp and mould issues in her home, and she still must share a bedroom with her now 11-year-old son. She says this gives them no privacy and her sleep apnoea affects her son’s sleep. On 21 August 2025, she sent us date-stamped photographs (dated 21 August 2025) showing significant damp and mould throughout her property. She also sent us photographs of significant cracks in the internal and external walls, missing pointing and damaged external window frames and lintels.
  3. As an outcome to her complaint the resident would like an apology, compensation, for the works to be completed and for a single point of contact to update her on a plan of action and works.

Assessment and findings

Scope of Investigation

  1. Given that the landlord agreed to complete the mould works in its stage 2 response, it is fair and reasonable for us to consider events up to 21 August 2025. This is because the damp and mould works were not addressed, and the resident says the detriment to her is substantial.

Leaks, damp and mould and associated repairs

  1. The landlord’s repairs policy and tenancy agreement state that it is responsible for the interior and exterior structure of the building, in accordance with Section 11 of the Landlord and Tenant Act 1985. This includes walls, external windows, the floor structure and ceilings. It is also responsible for sinks, baths, toilets, and showers which it has fitted itself. It is not responsible for any bathroom furniture fitted by residents. Residents are responsible for showers installed by themselves or by former tenants.
  2. The landlord’s repairs log indicates that it operates the following timeline for repairs:
    1. Emergency out of hours repairs will be attended to within 3 hours to make safe.
    2. Leaks from a water or heating pipe, tank or cistern will be responded to within 1 day.
    3. Blocked sinks, baths or basins will be repaired within 3 days.
    4. Most reactive repairs will be attended to within 21 and 28 calendar days.
    5. Some reactive repairs will be resolved within 98 calendar days.
  3. It does not clarify how it categorises reactive repairs, in respect of time scales.
  4. It says that it will consider additional advice and assistance when working with vulnerable residents.
  5. The landlord’s damp and mould policy states that it is committed to taking a “zero tolerance” approach to managing damp and mould. It says it will respond effectively to incidences of damp and mould, where it has been identified in residents’ homes. It says it will do the following:
    1. Take all reports of damp and mould seriously and respond quickly. It will record all cases and outcomes accurately.
    2. Agree an action plan to address the immediate issue of mould.
    3. Communicate with residents promptly, effectively and with empathy and support residents throughout the issue. It will keep residents informed of any property inspections, diagnosis of the problem and timetabling of works required. This will include why works might be needed and what works need to be done.
    4. Follow up cases to ensure any solutions implemented are effective.
  6. The landlord’s damp and mould leaflet on its website says that penetrating damp is caused when water seeps into the building. It states that this might be due to leaking pipes and plumbing and cracks in the external walls. It advises residents to report penetrating damp as soon as possible as these issues can cause serious damage if left untreated.
  7. On 5 March 2021 the resident reported the shower was leaking and flooded the ceiling below. It was appropriate that the landlord attended within 3 hours to resolve the leak. This was within its published timescales, and it treated the issue as an emergency, which was a reasonable response.
  8. It was further reasonable that when the resident reported further leaks on 20 July 2021 and 7 August 2022, that the landlord attended on the same day and made safe. It also made the affected electrics safe, which was further reasonable. This was, again, within its published timescales. It was also appropriate that it isolated the shower on 25 August 2022, to make it safe. This was in line with its policy and a reasonable response.
  9. It was also reasonable that it told the resident that she was responsible for the maintenance and repair of the shower. The resident had moved in via mutual exchange, and the shower and bathroom furniture, fitted by the previous tenant, were in situ when she moved in. The landlord’s repair policy states that it will not repair showers fitted by previous or current tenants, so this was an appropriate response, and in line with its policy.
  10. However, the landlord’s repair records from 20 July 2021, note that it “may need” to carry out repairs to the kitchen ceiling, which had been affected by the leak, and there is no evidence that it attempted to do so. This lack of response in relation to the ceiling caused the resident distress and frustration.
  11. Also, on 4 April 2022 the resident reported that a downstairs window would not close. The landlord categorised this as a 21-day standard repair and repaired this on 22 April 2022. This is not reasonable, as the open window could have been a security risk, as well as the property being more vulnerable to any rainfall. The landlord should have repaired the window sooner or carried out a temporary fix whilst waiting for permanent repairs. It did not do so and this is a failing, which caused the resident distress and inconvenience and impacted on the enjoyment of her home.
  12. Additionally, the resident reported cracks to the external back wall of the house and cracks inside, as well as a concrete plinth in disrepair on 22 September 2022. The landlord’s repairs policy states that it is responsible for the structure of the building. Its repair records show that it was due to complete these repairs within its 21-day period. However, there is no evidence that these works were completed and in fact, the landlord’s records show that there is no completion date for these works.
  13. The resident reports that the landlord did not carry out any inspection or works to the external walls and we have no evidence to dispute this. The resident has sent us photographs of the current condition of the property, which show significant cracks in the internal and external walls, along with missing pointing and a damaged concrete plinth. It is not appropriate that the landlord did not address these repairs to the structure of the building. This is contrary to its policy and to the information on its website.
  14. The landlord did not abide by its tenancy agreement and repairs policy and did not update the resident. This is not resident focussed. The fact that it did not inspect or carry out any works to the external or internal walls, caused the resident distress and frustration and impacted on the enjoyment of her home. It may also have contributed to the damp and mould worsening, as stated on its website.
  15. The resident reported a hole in her ceiling on 24 August 2023, along with broken window seals and broken external window ledges. Works to the windows were not completed until 11 March 2024. This is an unreasonable delay. Although we understand that complex works can take time, and may require many contractors and processes, the landlord had categorised this repair as a 21-day repair. So, this is an extensive delay which caused the resident distress and frustration and continued to impact on the enjoyment of her home.
  16. Strong record keeping is a pre-requisite to providing a good repairs service. The resident completed an online damp and mould report sometime in April 2024. There are no specific dates on the report available to this service. This is a failing on the part of the landlord. Also, in this report, the resident stated that the household suffered from respiratory conditions. The landlord’s communication to us states that there are no household vulnerabilities, despite this being clearly stated in her damp and mould report.
  17. Along with poor record keeping, the landlord failed to consider the resident’s vulnerabilities. This is a further failing and not in line with its repairs policy, which states that it will consider additional advice and assistance when working with vulnerable residents.
  18. In her report in April 2024, the resident stated that there was significant damp and mould in the property, and no extractor fans, as well as visible signs of water ingress and leaks. The landlord’s damp and mould policy states that it will respond to reports of damp and mould quickly, agree an action plan and update residents accordingly.
  19. There is no evidence on file that the landlord completed any actions to address the damp and mould at the time. Its repair records show that it issued an inspection to a contractor. But there is no evidence that this inspection occurred, and this is a significant failing. Damp and mould are classed as a ‘category 1’ hazards under the Housing, Health and Safety Rating System (HHSRS). The landlord should have responded to the resident, following its policy and HHSRS guidelines.
  20. It did not do so which is not appropriate and not resident focussed. This is particularly pertinent, as the resident had clearly stated that her children suffered from respiratory issues. This lack of response caused the resident distress and frustration and continued to impact on the enjoyment of her home. It also impacted on the landlord and resident relationship.
  21. By its own admission, in its complaint case review minutes of 10 September 2024, the landlord had not started to acknowledge the resident’s online report of damp and mould until this date. This was after the resident made a complaint. This is 5 months after the resident reported the damp and mould which is a failing. Further, the meeting notes state that the damp and mould and the hole in the ceiling was “getting resolved.” But there is no evidence on file that this was the case.
  22. This is a particular concern as the resident had clearly stated that her children had respiratory conditions. Also, in both her stage 1 and stage 2 complaints, the resident had told the landlord that her son was sharing a bedroom with her. This was because of the damp and mould in his bedroom. The landlord did not consider the impact on the household, and this is a serious failing.
  23. The resident had to repeatedly chase repairs for a significant period, and this caused her time, trouble, distress, and frustration. In fact, by the landlord’s own admission, the only mould works carried out were a mould wash on 24 March 2025. This was 6 months after its stage 2 complaint response and an inappropriate delay.
  24. Further, the landlord’s repair records show that its surveyor texted the resident on 27 March 2025 to advise that an inspection was “not necessary” as it had already organised a mould wash. This is unreasonable and shows that the landlord did not adopt an inquisitorial approach to the damp and mould causes. It did not abide by its own policy and this is a failing, which continued to impact on the enjoyment of the resident’s home.
  25. Although it repaired the hole in the kitchen ceiling, it did not do this until 20 May 2025. The resident reported this on 24 August 2023, and the landlord took 1 year and 9 months to effect repairs. This is an inappropriate delay and significantly outside its 21-day timescale. This had a significant impact on the resident’s enjoyment of her home. Also, this caused her time and trouble in chasing the repair. This is not resident focussed and a failing on the part of the landlord.
  26. The resident told us that the damp and mould issues remain unresolved as of 22 August 2025. She has provided date stamped photographs to evidence this.
  27. Although the landlord attended to the leak in the shower in a timely manner, it did nothing else to address the causes of the damp and mould. It did not carry out an inspection, did not provide the resident with an action plan, and did not keep her updated. It did not abide by its policy and this is a failing, which caused the resident significant distress and inconvenience.
  28. Had the landlord carried out an inspection and assessment, the damp and mould works may have commenced in a timely manner. The lack of assessment and any associated works, caused the resident distress and frustration, time and trouble and had a significant impact on the enjoyment of her home. They also impacted on the resident and landlord relationship.
  29. The landlord has replaced the bathroom, and it was not obligated to do so. We acknowledge that this went some way to put things right for the resident. But it did not do enough. It took too long to repair the kitchen ceiling. It made no attempt to investigate the causes of the damp and mould. It carried out no meaningful repairs and the impact on the resident has been substantial. She tells us she is still sharing a room with her son and living in a property with damp and mould. As such, we have made a finding of severe maladministration.
  30. We have made an order for a total of £2100 compensation. This is £1500 for the loss of use of 1 bedroom from 4 April 2024 to 27 August 2025 (20% of the total average rent from these periods). We have also ordered an additional £600. This is made up of £400 for the distress, frustration and inconvenience and the impact on the enjoyment of her home, and £200 for the time and trouble in pursuing the damp and mould and repair issues. This is in line with our remedies guidance where there has been a failure which had a significant impact on the resident. We have also made orders for the landlord to carry out an inspection and provide a timeline of repairs. Additionally, we have ordered the landlord to arrange repairs and damp and mould training to relevant staff. We have also made an order for the landlord to provide the resident with a single point of contact regarding the inspection and any associated works.

Complaint handling

  1. The landlord’s complaints policy states that it follows the Housing Ombudsman Complaint Handling Code (The Code).
  2. The code states that when ‘putting things right,’ the landlord should:
    1. Acknowledge where things have gone wrong.
    2. Provide an explanation, assistance, or reasons.
    3. Take action if there has been a delay.
    4. Provide a financial remedy.
    5. The remedy offered must reflect the impact on the resident because of any fault identified. It must also clearly set out what will happen and when and must be followed through to completion.
  3. In its stage 2 response the landlord did acknowledge that there had been delays to fixing the hole in the kitchen ceiling and addressing the damp and mould. However, it noted that the resident had reported the hole in the kitchen ceiling in April 2024. She had reported this on 24 August 2023. This points to poor record keeping and this response caused the resident distress and frustration.
  4. It also gave no reasons or explanation for the delays. Further, it gave no timeline as to when the ceiling repair or damp and mould issues would be addressed. This is a further failing, which caused the resident distress and frustration and time and trouble in pursuing the issues, after the landlord’s complaint response.
  5. Additionally, it offered the resident £250 compensation for the delays to works and impact on the resident, which is not commensurate with the significant impact on the resident.
  6. As such, we have made a finding of service failure. We have also made an order for £100 compensation. This is in line with our remedies guidance where the landlord has made an offer of compensation, but it does not reflect the detriment to the resident. We have also made an order for the landlord to provide complaint handling training to relevant staff.

Determination (Decision)

  1. In accordance with Paragraph 52 of the Scheme, there was severe maladministration in the landlord’s handling of the resident’s reports of leaks, damp and mould and associated repairs.
  2. In accordance with Paragraph 52 of the Scheme, there was service failure in the landlord’s complaint handling.

Orders

  1. Within 4 weeks of this report, the landlord is ordered to:
    1. Apologise to the resident in writing for the failings identified in this report. The apology needs to be from a member of its senior leadership team.
    2. Arrange training for all relevant staff to ensure they comply with their repairs policy and damp and mould policies and their complaints policy.
    3. Arrange a damp and mould inspection of the property by a suitably qualified person and provide a timeline of repairs.
    4. Provide the resident with the name and contact details as a single point of contact in respect of the inspection and all associated repairs.
    5. Pay the resident £2200. This is in addition to the £250 previously offered. This should be paid directly into her bank account and not offset against any arrears (if applicable). This is made up as follows:
      1. £1500 for the loss of a bedroom from 4 April 2024 to 27 August 2025.
      2. £400 for the distress, frustration and inconvenience and impact on the enjoyment of her home, for the leaks, damp and mould and associated repairs.
      3. £200 for the time and trouble in pursuing the repairs and damp and mould issues.
      4. £100 for the complaint handling failures identified in this case.
  2. The landlord should provide this Service with evidence of compliance with the above orders.