Harlow District Council (202320003)

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REPORT

COMPLAINT 202320003

Harlow District Council

13 June 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. We summarise their accounts of the events 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 damp and mould.

Background

  1. The resident is a secure tenant of her landlord, who is a local authority. The property is a 2-bedroom end of terrace house. The landlord has a record that the resident has a weakened immune system because of a health condition.
  2. On 4 September 2023, the resident made a complaint to the landlord that there was mould throughout the property which she had recently reported on 3 August 2023 and this caused damage to her belongings. She stated she had previously reported (2 years ago) the mould but had been told it was condensation. She said she had also previously reported guttering issues (unknown date) but no action had been taken. The resident stated she had contacted the landlord by phone to request alternative accommodation while the works were ongoing, as she was concerned about the effect it may have on her health due to her condition.
  3. The landlord’s surveyor visited the property on 4 September 2023. The surveyor completed a report showing ventilation issues caused mould to form in the coldest areas. The survey recommended a number of external and internal works and also noted that a wall erected by the resident in the bedroom needed to be removed.
  4. On 14 September 2023 the landlord wrote to the resident, advising of the survey’s findings. It explained some of the damp proof works in 1 bedroom had started on 31 August 2023 and it would arrange further works including to the ventilation, the guttering and the exterior of the property. 
  5. The landlord’s stage 1 response, issued 21 September 2023, did not uphold the resident’s complaint. The landlord stated it had attended to the first damp report on 4 August 2023 and stated it regularly contacted the resident with updates. The response said its contractors had attended on 17 August 2023 and had identified many repairs, preventing them from completing the work at that visit. It noted that the contractors performed some works to guttering and soffits, but some remained ongoing at that point.
  6. On 21 September 2023 a different surveyor conducted a ventilation survey on behalf of the landlord. The report recommended installing fans in the kitchen and bathroom, and a Positive Input Ventilation (PIV) device in the loft. The report advised trimming the doors to improve airflow in the property. The report identified there was evidence the resident dried clothes within the property. It advised a reduction of this would help reduce moisture levels.
  7. On 22 September 2023 the resident escalated her complaint because she believed the landlord’s response had not fully addressed her concerns. She said the landlord ignored her health concerns. She stated there was no mention of the window frames having black mould on them from what she had been told was from condensation. The resident was also unhappy she had not received an apology for the way the landlord had treated her.
  8. On 10 October 2023 the landlord sent its stage 2 responses to the resident, confirming its stage 1 position. The landlord added that during its damp inspection from September 2023 and a visit from its housing officer all health concerns and decant “would have been discussed”. It stated because of the resident’s health conditions it had responded to her reports of damp in 1 of the bedrooms on 3 August 2023 as an emergency and on 4 August 2023 had approved the emergency damp works. The response also highlighted that the landlord had advised the resident to remove the partition wall she had previously installed in the bedroom as this was affecting the air ventilation. It further highlighted the trickle vents were to be opened to improve ventilation.
  9. The resident brought her complaint to this Service in November 2023 asking for the repairs to be completed, and compensation paid. At a later stage she added a number of issues related to the PIV and an alleged window replacement by her.
  10. As part of legal action (which we have not seen evidence of), a surveyor conducted a disrepair report on 5 September 2024 finding no damp in the property but recommended some external works. The landlord’s legal representative sent a letter to the Ombudsman on 9 May 2025. They advised the resident was not granting access to the property to allow for further works to take place. 

Assessment and findings

Scope of investigation

  1. The resident stated that the damp and mould in her property had negatively affected the health of the household. The Ombudsman does not doubt the resident’s comments regarding the health of those who live on the property. However, the Service cannot draw conclusions on the causation of, or liability for effects on health and wellbeing. Matters of personal injury or damage to health, their investigation and compensation, are not part of the complaints process. They are more appropriately addressed by the courts or the landlord’s liability insurer (if it has one), as a personal injury claim. We have, however, considered whether any failings by the landlord have caused distress and inconvenience to the resident.
  2. The resident requested compensation for damage to her personal belongings. We have seen evidence that the resident already submitted a claim about this with an insurer. As this Service cannot determine liability, and the compensation claim has been dealt with by another process we will not look at this issue in our investigation. The resident may wish to seek legal advice if she is dissatisfied with the outcome of the insurance claim.
  3. The resident has since raised issues with us regarding the PIV operation which the landlord had installed (the landlord’s file suggests before 6 December 2023). She also raised an issue regarding a disputed window replacement. In accordance with paragraph 42.a. of the Scheme the scope of this investigation is limited to the issues raised during the resident’s formal complaint. Any new issues or repairs raised and completed following the end of the landlord’s complaint process will not be considered as part of this investigation. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to our involvement and directly address any further issues not formally complained about with the landlord.
  4. The resident stated she had made a service request regarding the mould 2 years previously but had been told at the time it was just condensation. While the historical issues provided contextual background to the current complaint, this investigation has primarily focused on the landlord’s handling of the events leading to the resident’s complaint. This is namely her reports of damp and mould from August and September 2023 that were considered in the landlord’s final response. This is because according to the Scheme, residents should normally complain to their landlord within 12 months of the events occurring. This is so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live,’ and while the evidence is available to reach an informed conclusion on the events that occurred. Due to the nature of complaint related to works, the investigation is likely to also consider some events following the end of the internal complaints process.

Legal and policy framework

  1. Section 11 of the Landlord and Tenant Act 1985 places a statutory obligation on the landlord to keep the structure and exterior of the property in a good state of repair. The landlord also has a responsibility under the Housing Health and Safety Rating System, introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any damp and mould problems in its properties amount to a hazard and require remedying. The Housing Health and Safety Rating System (HHSRS) classes damp and mould as a category 1 hazard.
  2. The landlord’s damp and mould policy states:
    1. The landlord is responsible for any damp within the property and the resident is responsible for any condensation issues.
    2. When the resident reports damp and/or mould the call handler will ask a list of questions. If it is believed condensation is responsible it will provide a leaflet about how to reduce condensation and book in an inspection. It will thereafter:
      1. Have a trained person call the resident no later than 72 hours after making the complaint to establish the full issue.
      2. Have its surveyor contact the resident within 5 days to make an appointment within 14 calendar days. (Residents with health issues given priority). If a medical professional believes there is a risk to the residents’ health, then within 7 calendar days to begin repair works.
      3. Have the case referred to a senior housing officer to arrange a visit if after the survey the surveyor considers any vulnerabilities or health issues.
      4. Ensure it follows the necessary steps to protect the resident’s health and wellbeing while investigating damp and mould.
      5. Complete any minor repairs or improvements as a standard repair within 20 working days.
      6. If the work is classified as an improvement, including fan installation, Damp Proof Course (DPC), or Damp-Proof Membrane (DPM), the landlord’s Housing Surveyor will create a Schedule of Works Specification.
  3. The tenancy agreement requires the resident to provide the landlord access for repairs after reasonable notice (usually 24 hours). It also states no improvements, additions, or structural alterations are to be made to the property without obtaining landlord’s written permission. The landlord may require the resident to restore the property to its previous condition if the resident did not obtain prior approval. It also states that the resident must keep the house clean and tidy.
  4. The landlord’s repairs policy stipulates where a resident is vulnerable, he/she may receive an enhanced repair service. It states it will conduct repairs in an emergency within 24 hours, urgent, under 3 days and standard under 15 days.

The landlord’s handling of reports of damp and mould

  1. When the resident reported damp and mould in the property on 3 August 2023 (as stated in her complaint), the landlord treated the call as an emergency and appropriately attended within 24 hours. On 4 August 2023, the landlord told the resident that it had approved emergency damp repairs because of her health condition, particularly to the bedroom where she reported growth of “fur” and paint peeling off the ceiling. These were appropriate steps to take and in line with its own damp and mould policy. Additionally, in this initial response to the repair request the landlord demonstrated taking into consideration the resident’s vulnerabilities.
  2. However, the landlord could not demonstrate that it further dealt with the damp and mould repairs with the required urgency. In her complaint of 4 September 2023 the resident said that she had previously reported a guttering issue, but this had not been resolved. She also said that the repairs to clean the mould in her property were not given the required priority. She was dissatisfied that the landlord had arranged the repairs with a target date of 25 August 2023 as a standard repair rather than as an emergency. She also added that the roofer that had visited her property on 17 August 2023, instead of investigating the damp and mould in the loft, completed other work related to fixing a tile.
  3. The landlord’s file supports the resident’s reports that no work to damp and mould had been completed on 17 August 2023. Records show the resident had to chase the repair on 29 August 2023, to be told a surveyor would attend.
  4. The landlord arranged a specialist survey on 4 September 2023. The landlord had failed to meet its own policy conditions, as it took 31 days from the initial report to conduct the survey. As such this was delayed by 12 days outside of the timeframes of its damp and mould policy (maximum of 19 calendar days from the report). This was unreasonable given the resident was continuously reporting health concerns.
  5. While the survey report recommended the resident remove the partition wall she had previously installed (as it had a direct impact on the forming of damp and mould, and condensation), the surveyor made several repair recommendations to resolve the damp and mould issue. It also noted the landlord had started works to 1 of the bedrooms on 31 August 2023. This was 13 days outside its vulnerable resident policy timeframes of under 15 days. While we have seen evidence of the landlord communicating the outcome of the survey, it could not evidence that the repairs were dealt with the required urgency.
  6. Some of the external works recommended in the report were completed on 6 October 2023 (28 days after the survey report, and 2 months after the initial report), which was above its repair target of 15 days (vulnerable resident policy). Some internal works were completed on 10 October 2023, including the ones recommended in the ventilation survey report. This was an unreasonable delay given the works should have been prioritised due the resident’s reported health issues. Furthermore, the landlord did not provide evidence that the delays were unavoidable or acknowledged them in its complaint responses.
  7. In her complaint the resident also highlighted she had stated on her initial call in August 2023 that her doctor had advised she could become seriously ill if living within a home with black mould. The resident also complained that she was being ignored by the landlord’s housing officer. Separately, the resident stated (evidenced in a telephone transcript) that she contacted the landlord the following day and pleaded for a “relocation” because she feared living in the house due to potential health effects.
  8. The landlord at the time responded that it could not consider this until after it had received the surveyor’s report. However, it could not demonstrate that it had considered it even after receiving the report. It failed to ensure it followed the necessary steps to protect the resident’s health and wellbeing while investigating damp and mould as stated in its damp and mould policy, and after identifying multiple repairs related to damp and mould. Additionally, the landlord failed to address this in its stage 1 response.
  9. In her escalation request of 22 September 2023, the resident particularly raised the landlord’s lack of response to her health concerns and delays in repairs.
  10. The landlord’s stage 2 response stated it had considered the resident’s health, but this was not fully demonstrated in its file. There is no evidence of any risk assessment, consideration of decant or offer to provide dehumidifiers. Despite continuously raising her health concerns, the landlord failed to ensure that there were interim measures in place to mitigate the risk. Although the Ombudsman understands work can take longer to begin in each situation there is no evidence the landlord took all reasonable steps to protect the residents health prior to and while works were ongoing (as per damp and mould policy above). This was not a reasonable and customer orientated approach.
  11. The landlord’s stage 2 response further stated it considered the resident’s medical condition in responding to her service request (within 24 hours) and contacted her the following day to advise that emergency damp works had been approved. This would have been appropriate had there not been unreasonable delays in the work starting. It also highlighted the resident’s housing officer had attended on the same day as the surveyor to assess health and wellbeing (4 September 2023). However we have not seen any record of any risk assessment. Additionally, this was a month after the initial report and the landlord could not show that it had fully considered the resident’s statement in her complaint that she felt she was being ignored by the housing officer.
  12. The response also said the surveyor’s report stated that the resident could remain within the property. However, this was incorrect as nowhere in the report we have seen evidence of such advice. Additionally, there was no mention in the report that the surveyor was aware of or considered the resident’s health condition. We have seen no evidence that this was further discussed between the landlord and the surveyor. This was unreasonable and the landlord as such could not show that it had fully taken the resident’s health concern into consideration while carrying out the works at the property.
  13. The landlord’s file suggests that some of the works were identified as an improvement and not repairs during the ventilation report of 21 September 2023. The report highlighted fans, and a PIV unit should be installed. While we have not seen evidence of the dates these works were completed, the landlord’s file suggests some were carried out by 6 December 2023. In a survey from this date, the surveyor confirmed no damp and mould in the property and PIV and fans in good working order.
  14. In a further more recent survey from 5 September 2024 (part of legal action which we have not seen evidence of) no damp or mould had been identified within the property. While the landlord created a schedule of works following the recommendation of the surveyor for the gutter to be cleaned, chimney repointed, and small area of the roof fixed, there was no indication any of these repairs were causing any problems within the property.
  15. Due to the lack of any repairs logs provided by the landlord, it is difficult to make a definitive finding of when all the works were completed. However, the reports from December 2023 and September 2024 demonstrate that the landlord resolved the damp and mould at the resident’s property. It is also noted that the landlord appropriately advised the resident about ways to avoid condensation and to remove the bedroom partition wall contributing to the damp and mould.
  16. Nevertheless, the landlord’s file evidenced that there were a number of repairs required at the property to improve the condensation and damp and mould forming. The landlord could not demonstrate that it had resolved those repairs with the required urgency or explained the delays. Additionally, it did not fully consider the resident’s reported health condition or any mitigating the risk measures during its investigation and throughout the works. As such, there was maladministration in the landlord’s handling of the damp and mould issue.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in the landlord’s handling of reports of damp and mould.

Orders and recommendations

Orders

  1. The Ombudsman orders the landlord to action the below points within 4 weeks of the date of this report:
    1. Pay the resident £500 total compensation in recognition of the distress and inconvenience caused by its delays in repairs and failure to fully consider the effects on the residents physical and mental health.
    2. Provide an in-person apology (if the resident agrees on, and otherwise in writing) to help rebuild the trust and improve the tenant–landlord relationship.
    3. Confirm compliance with these orders to this Service within 4 weeks.

Recommendations

  1. The Ombudsman recommends the landlord contacts the resident to discuss the more recent matters of complaint and identify if she wishes to pursue a further complaint.