Leicester City Council (202337540)

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REPORT

COMPLAINT 202337540

Leicester City Council

18 March 2026

 

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 damp and mould at the property.

2.     The Ombudsman has also considered the landlord’s complaint handling.

Background

3.     The resident has been an assured tenant of a 3-bedroom house since 12 August 2013. There are no vulnerabilities logged, however the household includes 5 children aged 3 to 12.

4.     The resident submitted a complaint in April 2023. She was unhappy that there were continuing damp and mould issues in the property. Previous damp treatments and works to install gravel externally had not worked. She felt the problem was a lack of insulation, damp proofing and external drainage. The issues were causing damage to possessions as well as affecting the health of her children. There were also issues with the toilet leaking and the loft needed inspecting.

5.     The landlord responded on 16 May 2023. It said:

  1. The last damp inspection was carried out on 18 January 2023, following this damp treatments and fungicidal washes were completed in February 2023.
  2. As the resident has stated this did not solve the issues, a further damp inspection had been raised for 6 June 2023.
  3. The toilet was inspected in January 2023, there was no leak present, it was condensation on the cistern. As this was not a repair issue, the damp team had been notified to check this at the inspection.
  4. It apologised for the inconvenience.

6.     The resident requested that her complaint be escalated to stage 2 on 9 November 2023. She said the damp and mould problems were still ongoing and the damp treatments the landlord were offering did not work. She wanted the landlord to install insulated plasterboard and resolve the cause of condensation and moisture.

7.     The landlord responded to the stage 2 complaint on 6 December 2023. It apologised for the ongoing problems and said:

  1. Some repairs raised were still outstanding, the repairs team had been contacted to complete them as a priority.
  2. Despite the remedial works, the landlord had been unable to fully solve the issues, a further inspection was raised for January 2024 so that an assessment can be carried out to consider insulated plasterboard.
  3. It was acknowledged that this would not be a quick fix but that they were still investigating to resolve the issues.

8.     The resident escalated her complaint to the Ombudsman on 24 January 2024 as she was still unhappy with mould throughout the house not being rectified by the landlord.

Assessment and findings

The landlord’s handling of damp and mould

9.     The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS). One of the 29 identified hazards is damp and mould. Landlords have an obligation to minimise or remove the identified hazards. Landlords need to make sure their homes are safe and free from hazards. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. It must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved.

10. The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) recommends that a landlord should respond to reports of damp and mould quickly and that the response reflects the urgency of the issue. They should also ensure that they clearly and regularly communicate with the residents on actions taken to resolve damp and mould.  The report is subtitled ‘It’s not lifestyle’, in reference to landlords inferring blame on residents when looking at damp and mould.

11. Under the tenancy agreement the landlord is responsible for repairs to maintain the structure and exterior of the property. This is in line with section 11 of the Landlord and Tenant Act 1985. The tenancy agreement also states that the landlord is not responsible for condensation or the effects of condensation, unless it is caused by “a breach of our repairing responsibilities.”

12. The landlord’s repair timescales are not included in the tenancy agreement or repairs policy, however they are published online. Repairs are categorised by priority. Priority 1 is for emergency work and will be dealt with within 24 hours. Priority 2 is for routine repairs, these will be completed within 10 working days. Priority 3 is for programmed repairs, these will be surveyed within 10 working days and completed within 8 weeks to 12 months according to the job.

13. There is evidence of 9 damp inspections carried out at the property between 2013 and 2024. As recently as June 2023 the landlord was attributing condensation within the property and the resulting damp and mould as “tenant lifestyle”. The landlord noted that the resident was drying washing on radiators. The resident did her own research into reducing condensation. She put the recommendations in place and followed the guidelines provided by the landlord. She purchased her own mini dehumidifiers and ensured cross ventilation of the property.

14. A damp inspection took place in January 2023. The landlord attended the property to carry out the recommendations of mould treatment and fungicidal washes to the kitchen and 2 bedrooms in February 2023. The evidence shows that this approach had been tried at least 4 times in the previous 10 years. The resident’s reservation that this approach was not working led to her submitting her complaint.

15. Internal emails of 26 April 2023 regarding the complaint show that a manager said the property condition “has been linked to the way the customer is behaving and creating high levels of condensation”, his recommendation was that no further surveys were needed as the last one was completed in January 2023.

16. Further investigation by the landlord in May 2023 showed that not all works raised in January 2023 were completed, the kitchen units were not removed to clean the wall behind. The landlord failed to carry out the works recommended in its inspection. There was no effective post work inspection to ensure the works raised were completed.

17. The landlord raised another damp inspection that was carried out on 6 June 2023. Penetrating damp and condensation were observed. This was linked to “tenant lifestyle”, a building defect and the building construction type as the walls were solid and floors were not insulated. Issues identified include a possible leak from the bathroom and external repairs including gaps around the window, a dislodged downpipe and eroded mortar to the verge of the roof. It is unclear why these issues were not identified on earlier inspections.

18. The resident submitted a complaint in April 2023. The landlord delayed initially in logging and investigating the complaint. An inspection took place on 6 June 2023. It is not clear why the landlord was unable carry out an inspection sooner. On 11 August 2023 the resident had to chase the findings and course of action as she had not heard from the landlord. No orders were raised or action taken until the resident made contact 49 days later.

19. When the resident chased the outcome of the 6 June 2023 inspection, the landlord alleged that she had refused works, however, the evidence shows that she had no knowledge of a scheme of works. She had disputed that damp treatment was a suitable course of action, given that it had been attempted before with no success. The landlord apologised for this misunderstanding, which was the right thing to do.

20. The repairs handbook states that residents should clean away any mould that has formed using a diluted bleach or suitable mould remover. The last damp inspection took place on 5 January 2024. It noted that there were no visible signs of mould on walls or ceiling. The resident said this was because she had followed the advice provided and wiped away the mould as it was discovered. The inspection report seems to dispute this and states “the tenant seems to be looking for a claim against us”. The finding of this inspection was that the previous repairs and treatments had a positive effect and the resident needed to “continue to cross ventilate the property and clean any early signs of damp or mould which may appear, as per the conditions of tenancy.”

21. The landlord has unfairly attributed blame for the problems to the resident. There was failure to recognise positive changes the resident had taken to manage condensation in the property. There was failure to effect repairs within a reasonable period of time that contributed to the damp and mould. Although remedial works seem to have made improvements to the presence of damp and mould, the issues still exist.

22. The landlord’s delayed handling of the resident’s reports of damp and mould was compounded by its attempt to shift responsibility for the moisture to the resident and its inaccurate suggestion that the resident had refused works. Ultimately, the landlord’s failure to properly tackle the damp and mould seriously adversely affected the resident over a long period. The landlord’s response to the issue also exacerbated the situation and undermined the landlord/resident relationship. We have therefore reached a finding of maladministration in the landlord’s handling of damp and mould.

23. Given the long history of the resident reporting damp and mould and the landlord’s previous failure to take responsibility for the moisture issues in the property, an independent survey is a suitable remedy to rebuild trust in the landlord/tenant relationship and ensure root causes are identified and appropriate remedial action is taken.

24. The resident has reported that the property is expensive to heat and still feels very cold. The landlord has not fully assessed the insulation or heating in the property. An energy performance certificate (EPC) is intended to provide prospective buyers and tenants of a property with correct information about the energy performance of the property and practical advice on improving such performance.

25. The government website for EPCs shows that the property’s EPC has expired. This is not a failing on the landlord’s part. Landlords are only expected to complete an EPC when there is a change in tenancy. EPCs last 10 years and the EPC from when the resident moved in expired in 2023. It is recommended that the landlord arranges a property assessment to obtain an EPC. As part of this assessment, the assessor will look at the heating system and insulation and provide advice on improvements that will help improve the property’s energy performance.

26. The Decent Homes Standard sets a minimum standard for the condition of social homes. Criterion D of this standard requires the home to provide a reasonable degree of thermal comfort. This means the property must have both effective insulation and efficient heating. It is recommended that the landlord completes an assessment to check the property’s heating and insulation against Criterion D of the Decent Homes Standard.

27. We recognise that the impact of a landlord’s actions or inactions cannot simply be remedied by a financial payment, but we order a landlord to make a payment in recognition of that impact and to acknowledge how the resident has been affected. However, our remedies are never intended to be punitive or to act as a deterrent and should not be viewed as a punishment for landlord failings. Instead, they are a means by which the Ombudsman ensures that matters are put right.

28. Depending on the level of service failure and the impact on the resident’s use and enjoyment of their property, the Ombudsman may consider awarding compensation based on the resident’s weekly rent rate. Given the unreasonable delays the resident experienced waiting for the landlord to take remedial action, a compensation payment of £352.58 has been ordered. This reflects the impact and disruption on the resident’s use and enjoyment of the property due to living in damp conditions affecting a number of areas within the property. The amount has been calculated at 10% of weekly rent for the period 20 March 2023 (this is the date that the remedial works identified in the January 2023 should have been completed – 8 weeks after the report dated 23 January 2023) to 6 December 2023 (the date of the landlord’s stage 2 response).

29. Separately, we have also considered the distress and inconvenience the resident experienced. Keeping in mind the household’s vulnerabilities and the delays experienced, which was compounded by the landlord’s attempt to shift responsibility for the moisture to the resident and suggestion that she had refused works, we have decided to award compensation for distress and inconvenience of £800.

Complaint handling

30.        The landlord’s complaints policy states that it will acknowledge stage 1 complaints within 5 working days and aim to respond within 10 working days of the complaint being received. It says it will inform the resident if it needs to extend the deadline.

31.        The resident sent her complaint to the landlord’s customer service email account on 3 April 2023. She received no reply and forwarded her previous email to the same email address on 24 April 2023. The customer service team forwarded the complaint to the complaints team email address on 25 April 2023.

32.        The landlord sent an acknowledgement email to the resident on 25 April 2023. It confirmed that it expected to respond within 10 working days. This means a response was due by 12 May 2023. However, based on the resident’s original complaint submitted on 3 April 2023, which the landlord failed to act upon, the landlord’s response was already delayed. This is a shortfall in its complaint handling.

33.        Following a query from the resident, the landlord emailed her back on 10 and 11 May 2023. It explained that it was still working on its complaint response and awaiting further information from several teams. The landlord confirmed it would provide its stage 1 complaint response by 18 May 2023. The landlord issued its response on 16 May 2023.

34.        The landlord kept the resident appropriately updated about its stage 1 complaint response. It informed the resident of the need to extend its original timeframe and it did this prior to the deadline. The landlord then issued its response within the amended timeframe.

35.        The landlord’s complaints policy states that it will confirm in writing the landlord’s decision on the complaint. This is also a requirement of the Complaint Handling Code. The stage 1 and 2 complaint responses did not state whether the complaint was upheld or not. The policy also states that it will consider offering appropriate redress where necessary. While it admitted that its actions have not been sufficient to solve the issues and has apologised for inconvenience, no other redress has been offered.

36.        Despite the resident chasing the actions set out in the stage 1 response, it was only after escalation to stage 2 that the landlord arranged for outstanding repairs to be completed. The landlord was not proactive in actioning repairs and providing updates to the resident during the internal complaints procedure. Overall there has been maladministration in relation to the landlord’s complaint handling.

Determination

37. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports of damp and mould at the property.

38. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in relation to the landlord’s complaint handling.

Orders

39. Within 4 weeks of the date of this report, the landlord must:

  1. Apologise in writing to the resident for the failures identified in the report. The landlord must ensure:
    1. The apology is specific to the failures identified in this decision, meaningful and empathetic.
    2. It has due regard to our apologies guidance.
  2. Pay the resident £1,352.58 in compensation. This is made up as:
    1. £352.58 for the for the impact on the resident’s use and enjoyment of their property due to damp and mould in 2023.
    2. £800 for the distress and inconvenience, time and trouble caused by the failings identified in the landlord’s handling of damp and mould in 2023.
    3. £200 for the distress and inconvenience, time and trouble caused by the failings identified in the landlord’s complaint handling.
  3. Consider reimbursing the resident for the cost of the laminate flooring she had installed in the living room. The resident is required to provide the landlord with proof of what she paid for the flooring and its installation.
  4. Provide the resident with details of its insurer and explain how she can make a claim for damage to her personal belongings.
  5. Arrange for an independent, mutually agreed and suitably qualified surveyor and damp and mould specialist to carry out an inspection of the resident’s property (including the loft space).  If follow up works are required, the landlord is to share a schedule of works, including estimated timescales (in line with its repairs policy), with the resident and the Ombudsman in writing.

40. Within 8 weeks of the date of this report, the landlord must:

  1. Consider what further steps it can take to help the resident in mitigating the ongoing effects of moisture in the property. This should include the option of providing the resident with electric dehumidifiers (appropriate for the room size).
  2. Review its damp and mould literature (including its survey report templates) to remove language that automatically apportions blame or leaves residents feeling blamed for normal day-to-day activities.

Recommendations

41. The landlord is to:

  1. Arrange a property assessment to obtain an EPC.
  2. Complete an assessment to check the property’s heating and insulation against Criterion D of the Decent Homes Standard.
  3. Contact the resident to discuss her concerns about the loft and consider arranging an inspection to assess any issues related to fire damage in the loft.