Curo Places Limited (202345565)
REPORT
COMPLAINT 202345565
Curo Places Limited
16 July 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
- The complaint is about the landlord’s handling of:
- Damp, mould and associated work at the property.
- Repair appointments relating to a chimney cowl and bath panel.
- We have also considered the landlord’s complaint handling.
Background
- The resident lives in a 3-bedroom adapted house owned by the landlord. This is an assured tenancy that began in 2009. The resident is disabled, he uses a wheelchair and has various medical conditions.
- The resident says he reported concerns of damp and mould in November 2022. The landlord arranged an inspection of the property in February 2023. Shortly after on 20 February 2023 the resident contacted the landlord to complain about the conduct of its surveyor. The resident said he felt the surveyor blamed him for the damp and mould due to drying clothes inside the property.
- The resident had to contact the landlord again in mid July 2023. He said the property was making him ill due to mould. He also raised an issue with a “rusty” bath panel. The landlord arranged for the bath to be replaced on 29 September 2023. The resident then contacted the landlord again on 6 November 2023. He said the damp and mould had worsened and his health had declined. He was unhappy about the landlord’s lack of communication relating to repair appointments for a chimney cowl and bath panel. The chimney cowl should have been completed 13 October 2023, but this was cancelled due to the weather. The resident said he could not use the fire due to birds nesting on the chimney.
- The landlord acknowledged the resident’s complaint on 8 November 2023.
- The repair to fit a chimney cowl and replace a bath panel was completed on 20 November 2023.
- The landlord sent its stage 1 complaint response to the resident on 22 November 2023. It did not answer the resident’s concerns about damp and mould. It apologised for its lack of contact to arrange work to the chimney cowl and bath panel. It told the resident it would calculate compensation from the initial report of work to completion, however, it has not provided the duration, nor did it confirm the amount.
- The resident contacted their MP about the damp and mould. The landlord responded on 12 December 2023 and said it had arranged to clean the mould on 11 January 2024. It was arranging another inspection of the property.
- The landlord sent the resident another stage 1 complaint response on 17 January 2024. It detailed its findings as follows:
- In early 2023 the resident reported damp, and mould was affecting his health.
- It did not arrange any remedial work following the survey of 20 February 2023. It arranged another survey on 2 February 2024 and would follow up with any required work.
- It would monitor the work and keep the resident updated.
- It would offer the resident compensation once remedial work was completed.
- Between February 2024 and March 2024 various communications took place between the resident, their MP, and the landlord. The resident remained dissatisfied with the landlord’s handling of the issues. The landlord arranged work orders to renew extractor fans, add additional radiators, and carry out mould cleaning.
- An independent survey report dated 28 March 2024 did not find any rising damp, however, it showed severe condensation to the ground floor and first floor. It noted the ventilation was inadequate. A recommendation was made for a more in-depth inspection.
- An independent survey of 14 May 2024 recommended extensive work to renew the damp proof membrane. The work involved removing floor coverings and skirting boards to all ground floor rooms, radiator, and insulation work. The landlord was ready to start work on 28 June 2024, subject to finding the resident suitable alternative accommodation.
- The resident escalated his complaint and on 23 May 2024, the landlord acknowledged the resident’s stage 2 complaint and responded in full on 19 June 2024. It said he could make a personal injury claim on health grounds via its insurance route and gave him details. It apologised for its numerous service failures, and it offered the resident compensation which it would calculate once work was complete. It confirmed its plan of works that included replacement of the “rusty” radiators.
- From June 2024 onwards, there is evidence of the landlord’s attempts to find suitable alternative accommodation. Specific facilities were required that included a ‘closomat’ toilet or bidet. The landlord did offer to relocate a refurbished ‘closomat’ in temporary accommodation, however, the resident disagreed to its proposal. It evidenced that it had tried options outside of its own housing stock such as Airbnb. In the meantime, the landlord installed 3 extractor fans and carried out 3 deep cleans to remove the mould.
- The landlord moved the resident to temporary accommodation on 14 April 2025, and he moved back 13 June 2025 with the landlord having completed the work (except for snagging which was due to be completed on 4 July 2025). However, the landlord has confirmed that it has not yet calculated its offer of compensation.
Assessment and findings
Scope of investigation
- The resident refers to his health deteriorating due to damp and mould at the property. This Service is unable to draw conclusions on the causation of, or liability for, impact on health and wellbeing. Matters of personal injury or damage to health, their investigation and compensation, are not part of the complaints process, and are more appropriately addressed by way of the courts or the landlord’s liability insurer as a personal injury claim. The landlord has signposted the resident to its insurer.
- The resident has raised a new complaint to the landlord about its handling of the temporary move. The landlord is investigating this issue through its internal complaints process. To provide context, this investigation will refer to relevant events up to the temporary move, however, we will not investigate the new complaint relating to the landlord’s handling of the temporary move. This is because it has not exhausted the landlord’s complaints procedure.
- Once this new complaint has exhausted the landlord’s complaint process, if the resident remains dissatisfied, he can bring the complaint to our Service.
The landlord’s handling of damp, mould, and associated works at the property
- When investigating complaints involving damp and mould, we will consider whether the landlord has fully and fairly investigated the issue, engaged independent expertise where appropriate, and communicated effectively with the resident. The landlord’s response should reflect the resident’s individual circumstances, including any vulnerabilities or health concerns.
- The resident’s first report of damp and mould appears to be in November 2022. The landlord arranged an inspection 3 months later in February 2023. The landlord noted the resident’s concerns and impact on his health.
- We do not have the records of the resident’s initial report to assess whether the landlord acted in accordance with its reactive repairs policy that states it will categorise damp and mould between category 1 (severe) to category 5 (for example where there may be some condensation particularly on a cold day that can be dealt with through normal cleaning). However, we can assess the reasonableness of the landlord’s response in accordance with section 11 of the Landlord and Tenant Act 1985. The Homes (Fitness for Habitation) Act 2018 states the landlord is obliged to keep the property free from mould and damp and fit for human habitation.
- Given the resident’s vulnerabilities, his health concerns, and the fact that the issues were raised during the winter period when damp and mould may be more prevalent, it was unreasonable that the landlord took 3 months to carry out an inspection.
- The resident complained to the landlord about the surveyor’s conduct. He felt the landlord blamed him for the damp and mould due to drying clothes inside his home. We do not have the record of the landlord’s survey report and therefore it is difficult to ascertain what issues it identified at this point. We expect landlords to keep robust records to effectively manage the repair and maintenance service.
- The landlord should have acted proactively in managing the damp and mould, irrespective of any challenges it experienced in getting the survey completed. In doing so, it would have likely avoided subsequent delays in achieving a full resolution.
- Our Spotlight report on damp and mould (October 2021) – ‘It’s not lifestyle’ highlights that landlords should avoid taking actions that solely place the onus on residents. The landlord failed to respond which was inappropriate and a missed opportunity to restore trust between the two parties. This resulted in avoidable resident contacts with the landlord in July and November 2023.
- It was not until the end of November 2023 that the landlord responded to the resident at stage 1 of its complaint’s procedure. Despite the resident raising his concerns that the damp and mould had worsened, affecting his health, it is of serious concern that the landlord failed to respond to these issues. This resulted in the resident contacting their MP.
- Landlords are required to consider the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). HHSRS does not specify any minimum standards, but it is concerned with avoiding or minimising potential health hazards. The landlord’s failure to respond to damp and mould, risk assess the resident’s individual needs and vulnerabilities was inappropriate.
- The landlord arranged to clean the mould in mid-January 2024 and arranged for another surveyor to inspect the property. It sent another stage 1 complaint response to the resident in mid-January 2024 and assured the resident it would keep him updated. It also offered the resident compensation once remedial work was complete. Given the landlord’s recognition of its failures, it would have been reasonable for the landlord to offer the resident a compensation amount at this stage. It could have reassessed its final figure upon completion of work. We have expanded more on the landlord’s compensation handling within our complaint handling findings.
- The landlord inspected the property, however, further investigations were required in relation to damp at ground floor level. An independent survey report of late March 2024 recommended an in-depth survey, and the landlord received its quotation for work in May 2024 noting extensive damp work, radiator renewals and insulation work. The landlord’s delayed action to identify the root cause of damp and mould was inappropriate.
- The landlord confirmed it was ready to start work at the end of June 2024, however, it needed to find alternative accommodation for the resident, and this was proving difficult due to the resident’s medical needs for a suitably adapted property.
- The resident escalated his complaint, and the landlord responded at stage 2 of its complaints procedure in mid-June 2024. It apologised for its numerous service failures and gave the resident details to make a personal injury claim which was appropriate in the circumstances.
- The resident moved to temporary accommodation in April 2025 and moved back in June 2025. Remedial work has been completed, and the landlord is resolving ‘snagging’ work.
- In conclusion, while the landlord carried out some reactive work, there were significant delays of 2 years and 7 months to resolve the damp and mould. We recognise the landlord’s lack of suitable properties for the temporary move, its offer to fit a refurbished ‘closomat’ when it found a property and its efforts to look wider than its own housing stock. This no doubt impacted on the delays. However, there was a missed opportunity for the landlord to take proactive action to manage and effectively co-ordinate works much earlier from the resident’s initial report in late 2022. The landlord’s inaction was therefore inappropriate.
- Despite the resident’s repeated reports of impact on his health, the landlord failed to carry out a risk assessment that considered his individual needs. Its lack of communication with the resident meant there were long periods where the resident was kept in the dark which resulted in frustrations and significant distress and inconvenience to the resident.
- For these reasons we have found severe maladministration in the landlord’s handling of damp, mould, and associated works at the property. The landlord should therefore compensate the resident £3000 to put things right in recognition of the significant distress and inconvenience caused to him. This amount of compensation is calculated based on 15% of the rent (£2330) in recognition that damp and mould impacted rooms within the property and therefore his full enjoyment of his home. This calculation is for the period up until April 2025 when the resident was moved into temporary accommodation. We have included compensation for distress and inconvenience of £670 due to the significant impact caused to the resident. This amount of compensation is aligned to our remedies guidance.
The landlord’s handling of repair appointments relating to a chimney cowl and bath panel
- The resident raised a complaint at the beginning of November 2023 about lack of landlord communication in relation to appointments for work to the bath panel and a chimney cowl. The landlord responded to the resident at the end of November 2023 and upheld the complaint. It apologised for the lack of communication in relation to repairs. It said it would calculate compensation reflective of its failure. However, there is no record of an amount of compensation being paid to the resident. The resident has since confirmed that the landlord did pay him compensation, but he cannot remember the exact amount.
- While the landlord has recognised its communication failure, delays, and inconvenience cause to the resident, it should have put things right for the resident by offering compensation at the time of the complaint reflective of the inconvenience caused to him.
- The landlord’s repairs policy states it will attend routine repairs by a mutual convenient appointment within a maximum response time of 28 days. The evidence suggests an extended timeframe for work to the bath panel of 4 months. The landlord’s records do not show when the chimney cowl was initially reported. There were mitigating circumstances for adverse weather delays in relation to the chimney cowl work.
- The landlord responded outside of its committed repair timeframe and there is evidence the landlord’s delay and lack of communication caused frustration and inconvenience to the resident. We have therefore found service failure for which the landlord should pay the resident £100 compensation. This amount of compensation is aligned to our remedies guidance.
Complaint handling
- The resident raised a complaint to the landlord on 20 February 2023. The landlord did not respond to the complaint.
- Our Complaint Handling Code (the Code – March 2022) states a landlord must accept a complaint unless there is a valid reason not to do so. It was therefore inappropriate that the landlord did not respond to the resident’s complaint.
- The resident contacted the landlord again in July 2023 and then on 6 November 2023. The landlord acknowledged the complaint on 8 November 2023 and sent its stage 1 complaint response to the resident on 22 November 2023. Its response was slightly outside the 10-working day timeframe. It is a concern that it did not answer the resident’s issue of damp and mould at the property despite him specifically raising this with the landlord.
- Section 5.6 of the Code states that landlord’s must address all points raised in the complaint. It was inappropriate that the landlord did not respond to the damp and mould element of the complaint.
- The resident’s MP had to intervene and on 17 January 2024 the landlord sent another stage 1 response to the resident. Its response recognised its failures and offered the resident compensation once remedial work was completed.
- The resident escalated his complaint, and the landlord acknowledged it on 23 May 2024. It sent its full stage 2 complaint response on 19 June 2024. Again, it upheld the complaint and offered compensation which it agreed to calculate at the end of remedial works.
- In conclusion, the landlord failed to effectively handle the resident’s complaint in compliance with our Code. Given the resident’s vulnerabilities, the substantive issue of damp and mould, his concerns that the property was having a negative impact on his health, the landlord missed an opportunity to put things right for the resident early within the complaint timeline.
- Further, the landlord did not offer the resident an amount of compensation until completion of the works. This approach was inappropriate causing significant delays of putting things right for the resident. The landlord’s failures and significant impact caused to the resident amount to severe maladministration. The landlord should compensate the resident £200 to put things right. This amount of compensation is aligned to our remedies guidance.
Determination
- In accordance with paragraph 52 of the Scheme there was severe maladministration with the landlord’s handling of damp, mould, and associated works at the property.
- In accordance with paragraph 52 of the Scheme there was service failure with the landlord’s handling of repair appointments.
- In accordance with paragraph 52 of the Scheme there was severe maladministration with the landlord’s complaint handling.
Orders
- Within 4 weeks of this report, a member of the landlord’s executive leadership team should write to the resident and apologise for the failures identified within this report.
- Within 4 weeks of this report, the landlord should pay the resident compensation of £3300 made up of:
- £3000 for the landlord’s handling of damp, mould, and associated works at the property.
- £100 for the landlord’s handling of repair appointments.
- £200 for the landlord’s complaint handling.
- Within 4 weeks of this report, the landlord should provide the resident and our Service with an update on outstanding work. This should include its action plan and timeframe for completion of the work.
- Within 6 weeks of this report the landlord should provide us with its learning and action plan from this complaint in relation to:
- Its handling of damp and mould at the property. In particular where vulnerable residents are concerned. It is noted that the landlord carried out a self-assessment in September 2022 against our Spotlight report on damp and mould. It also introduced a damp and mould policy in January 2024.
- Its complaint handling. In particular in relation to compensation at the time of the complaint. It is noted that it has introduced a new complaints procedure from 2025, however, we cannot see specific reference to the point at which compensation is paid.
- The landlord should reply to our Service with evidence of compliance with these orders within the timescales set out above.