Incommunities Limited (202318264)

REPORT

COMPLAINT 202318264

Incommunities Limited

30 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 resident’s complaint is about the landlord’s handling of her reports of damp and mould, and the associated remedial repairs.

Background

The resident is an assured tenant of the landlord, a housing association. The tenancy commenced on 13 August 2012. The property is a three-bedroom house.
In 2022 the resident’s gutter fell off as a result of a storm. The landlord carried out repairs 10 months later. The resident stated that this delay affected the condition of the property and her belongings.
Two inspections for damp and mould were carried out in January 2023. The surveyor stated the cause of the damp was condensation and penetrating damp from the roof, where a couple of roof tiles were displaced. The surveyor recommended that the landlord carry out remedial works to resolve the issue. This included:
1. Installing positive ventilation (PIV) unit and trickle vents.
2. Treating the mould and applying stain block.
3. Repointing outside the kitchen lintel.
4. Re-bedding roof tiles.
5. Repairing the damaged wall.
Between February 2023 and March 2023, an operative attended to carry out a mould treatment. The contractor also attended to re-bed some of the roof tiles.
On 19 September 2023 the resident raised a complaint about the condition of her property. This was regarding damp, mould and repairs that she said were needed due to a lack of guttering on the house for nearly a year. The resident stated her items had been damaged, and the condition of the home was causing her distress. The resident expressed frustration with the lack of action from the landlord, and the absence of a clear plan or timeline to resolve the problems. She said this included mould in every room, rotten skirting boards, warped kitchen units, and insulation issues.
The resident stated she did not receive a response from the landlord. She made a further complaint on 26 October 2023 and 8 November 2023 regarding the same matters.
The landlord issued its stage one response on 10 November 2023. This acknowledged the resident’s complaint was about damp and mould. It understood the resident was seeking for the issues to be resolved. In the response, the landlord:
1. Stated that during January 2023 when the survey was completed, the damp works were being managed in house. However, it had since decided to use a different contractor to complete works.
2. Provided the resident with a list of logged repairs regarding the damp and mould. However, it explained it did not have a record of the further inspection which was carried out on 31 January 2023.
3. Apologised for the lack of communication and delays resolving the damp and mould. It stated it had instructed its contractor to contact the resident directly to make an appointment.
4. Stated it had also asked its contractors to check the loft insulation.
During March 2024 the contractors carried out the repair works recommended from the survey of January 2023. The landlord carried out a post inspection during June 2024 and arranged a further damp and mould survey. The surveyor raised further works to remedy the damp and mould after this survey.
During August 2024 the landlord chased its surveyors for the outcome of the survey completed in June.
The resident raised a complaint to the landlord during September 2024. She was unhappy the damp works had not been completed, and she was unhappy how she had been treated throughout the process. The resident was seeking for the landlord:
1. To confirm what works would be done to solve the damp.
2. To have the kitchen units replaced.
The landlord issued its stage two response on 26 September 2024. The landlord:
1. Explained that due to an administration error, there was a delay in carrying out a damp and mould survey, and having the damp works organised in 2024. It apologised for this and recognised it should have contacted its surveyor sooner to request the survey report.
2. Confirmed the works recommended in the survey were due to commence on 28 October 2024.
3. Stated it did not plan to replace the kitchen units but agreed to inspect this further once the works had been completed.
4. Offered £75 compensation, in recognition of the delays, inconvenience and distress.
We spoke with the resident on 7 July 2025. She confirmed that all outstanding scheduled works had been completed a few weeks prior. She said the damp and mould seemed to be “under control”. With regards to insulation issues, she stated the landlord was supposed to look into this and never did.
We asked the landlord to explain its position regarding the insulation. It stated the loft insulation was not required or picked up in the survey carried out on 24 March 2025. It further explained a recent energy performance certificate assessment was undertaken on 29 June 2025 and found the loft insulation to be very good.

Assessment and findings

Scope of investigation.

The resident has had an ongoing issue with damp and mould in her home since 2022. During this time, a repair was carried out to the gutters. Whilst we have noted this above as context in this report, we will not investigate what happened in terms of the repairs to the gutters. This is because the resident’s complaint was focused on the condition of the property as a result of the guttering issues. She first raised a complaint in September 2023. This investigation has therefore considered the landlord’s actions following her reports of damp and mould from January 2023 until June 2025.
We consider it appropriate to investigate the landlord’s actions after the end of its internal complaints procedure as the repairs in question and which were considered in the complaint were not completed until 2025
We understand the resident has expressed distress over the issues raised in this complaint, stating it has affected her health and wellbeing. Whilst we have noted this as context, we are unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is because claims of personal injury must, ultimately, be decided by courts of law who can consider medical evidence and make legally binding findings. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident.

Damp and mould, and the associated remedial repairs.

Under the Landlord and Tenant Act 1985 the landlord is responsible for repairs to the structure and exterior of the building. The resident’s tenancy agreement also stipulates this.
The landlord’s damp, mould and condensation policy states there are 5 stages when a report is made. This includes:
1. All reports of damp and mould will be acknowledged within 1 working day.
2. A survey will be carried out within 7 working days of the initial report.
3. Works will be completed within 20 working days of the survey being carried out.
4. A post inspection will be carried out within 2 days after the works are completed.
5. It will contact the resident within six months after the remedial works have been completed and carry out an inspection if necessary.
In this instance we see the landlord had carried out a survey for damp and mould in January 2023. The surveyor had made recommendations for the following works to be carried out:
1. PIV installation.
2. Trickle vents.
3. Repoint.
4. Mould treatment – kitchen, hallway, bedrooms, bathroom
5. Stain block – bedroom.
6. Re-bed tiles.
We also note that a further inspection was carried out on 31 January 2023, however the landlord does not have notes reflecting what the outcome of this visit was. We see there were issues with record keeping which the landlord acknowledged in its formal response. The landlord’s failure to maintain clear records to reflect any repairs or inspections is unreasonable. We expect that landlords keep accurate records of all appointments and communication. This will ensure that follow-up actions are noted and enable it to effectively respond to any queries or complaints in future.
The landlord’s stage one response stated that a team attended on 14 February 2023 to carry out a treatment for the damp and mould. We have reviewed the repairs records and there is no record of this. The repair records show its contractors had attempted to visit on 22 February 2023 but there was no access. We do see however that contractors attended to re-bed some tiles. The repair records show that during March 2023 contractors attended to the damp and mould.
The recommended works to the PIV, trickle vents, and to repoint were not carried out within 20 working days as stated in the landlord’s damp, mould and condensation guidelines. The repair records show the repair works commenced in March 2024. In the landlord’s stage one response dated 10 November 2023 it stated damp works were previously being managed in house, and it was now using a different contractor. However, we have not seen evidence to explain why it took the landlord 14 months to complete the recommended works as set out in the surveyor’s notes in January 2023.
The evidence shows that following the completion of works, the landlord carried out a post inspection on 14 June 2024. It was appropriate that it carry out this inspection, however, this was not in line with the timeframes set out in its damp, mould and condensation policy. This policy states a post inspection will be carried out within 2 days of the works being completed.
The operative noted at the post inspection:
1. Visible black mould and damp behind the fridge freezer.
2. The resident’s kitchen units on the same wall were affected by the mould, and the backs were detaching.
3. The rear lobby walls near the external door had been treated but were still wet and the meter readings were elevated.
4. Black mould was also reported in the bathroom.
Following this, the landlord arranged for a survey to be carried out on 27 June 2024. This survey did not specify what was causing the damp and mould. However, work orders were recommended to do a damp proof course, replace the extractor fan, renew the flooring and redecorate. It is important that landlords ensure the root cause of damp and mould is properly diagnosed, as addressing only visible symptoms without understanding what it is causing the issue, can lead to repeated failures, ineffective repairs, and prolonged disruption, as seen in this case where recommended works followed an inconclusive survey.
On 30 August 2024 the landlord noticed it had not received a quote from its contractors following the visit in June. It chased that day and asked to get the works booked in as soon as possible. Subsequently it explained this to the resident in its stage two response dated 26 September 2024 and stated the works would commence in October 2024.
The evidence shows that during January 2025 the resident contacted the landlord regarding outstanding repairs. The works which were outstanding were the skirting and the flooring. We have reviewed the repair records and can see during March 2025 the landlord carried out an inspection following the resident’s reports. It is unclear what the outcome of this inspection was or if any works were carried out at the time. We have since spoken to the resident who had confirmed the works were all completed a few weeks ago and she was no longer experiencing issues. While we acknowledge this, it is evident that it took the landlord longer than expected to complete the works identified. We have not seen evidence to explain why it took this long.
The resident expressed distress that the landlord had still not checked the loft insulation, despite requesting this many times. We have reviewed the evidence and see that it was first informed of the loft insulation in 2023.
In the landlord’s stage one response dated 10 November 2023, it stated it would instruct its contractors to check the resident’s loft for any insulation that needed installing. We have reviewed the repair records and cannot see any evidence that this was done.
The evidence shows the resident informed the landlord on 28 November 2024 that the loft insulation still had not been checked. The following day the landlord asked for the issue to be investigated urgently. We have not seen evidence that this was investigated at the time.
During a surveyor visit on 11 March 2025, the surveyor wrote to the landlord and asked for loft insulation to be checked as the resident had stated this still had not been done. We have reviewed the records and there is no evidence to support this has been done. We have asked the landlord to clarify its position regarding the loft insulation. It stated this was checked in March 2025, further stating there was no need to have this replaced.
While we acknowledge the landlord’s position that no works are required to the loft insulation, the length of time to carry out the loft check since November 2023 was unreasonable. Despite chasers, this check was not carried out until 15 months after. These delays resulted in further distress, uncertainty and inconvenience to the resident.
In the stage two response the landlord upheld the resident’s complaint due to the delays in organising the damp work. In recognition of this it offered £75. It was appropriate for the landlord to consider its compensation policy as it is evident there were failings which impacted the resident.
Section 4.2 of the landlord’s compensation policy is in reference to service failures. It states where a complaint is upheld or there are circumstances where the landlord believes its actions or inactions resulted in a service failure, it will compensate the resident. The compensation policy does not state specific amounts it awards for failures identified.
While we agree it was appropriate for the landlord to consider compensation, the amount offered does not reflect the delays and impact caused to the resident. This is because the landlord’s complaints procedure failed to ensure that matters were fully put right following its final response. This is because it did not review its compensation offer when the work was finally done. Therefore, in recognition of the ongoing issue remaining for a considerable extended period following the landlord’s final response, and its failure to address the resident’s request to check the loft in a reasonable time, this service has made a finding of maladministration. We have made an order for further compensation to reflect the impact caused on the resident.
The resident said over the years her belongings had been damaged by the damp and mould. She stated at the time she was informed by the landlord to provide a list of the damaged items and to make a claim through its insurance providers. We understand she is currently undergoing this process.
We have not made a determination regarding the damages to the personal belongings, as this a decision for the insurance providers. What we have considered is the landlord’s action regarding her damaged belongings.
The landlord’s compensation policy states that compensation for damage caused to personal belongings fall within its public liability guidance. However, in circumstances where the resident is claiming damage to personal belongings, we would expect the landlord to provide information to the resident on the process to make a claim. The resident has confirmed the landlord, and its solicitor informed her about making a claim and she is currently in the process of doing so. Based on the evidence we are satisfied the landlord appropriately informed the resident on how to make a claim.
In summary while we acknowledge the landlord appropriately made the resident aware about the claim process, we have identified additional service failures during this period. We find the delay resulted in distress and inconvenience to the resident. Its lack of action and poor communication left the resident with little confidence in the landlord’s reliability. With this in mind, we have made a further compensation order in line with our remedies guidance to reflect the continued impact on the resident.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould, and the associated remedial repairs

Orders and recommendations

The landlord to pay the resident a total of £500 compensation in recognition of the distress and inconvenience identified in this report. This is in addition to the landlord’s previous offer of £75. The ordered amount (less any amount already paid by the landlord as part of its previous offer) must be paid within 4 weeks of the date of this determination. The landlord must provide evidence to us showing it has complied with this order.