London Borough of Barnet (202344183)

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REPORT

COMPLAINT 202344183

London Borough of Barnet

14 February 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 damp and mould and subsequent complaint.

Background

  1. The resident holds a secure tenancy on a 2-bedroom flat owned by the local authority landlord.
  2. The landlord attended the resident’s property in February 2023 and carried out a mould wash. It then inspected the resident’s property in April 2023, apparently in response to the resident’s reports of damp and mould (no evidence of the reports has been provided). Following the inspection the landlord said it would install air bricks in each bedroom to improve ventilation. Despite several attempts, the landlord was unable to do the job due to administrative and staffing issues, which prompted the resident to raise a formal complaint in December 2023.
  3. In her complaint, the resident expressed concerns about her children’s bedroom, which he believed was unsafe due to the ongoing damp and mould, and as a result, the room had not been used for seven years. He requested that the landlord address the damp and mould in the property or relocate the resident to a mould-free property, along with compensation for their damaged belongings and reimbursement of the rent for the bedroom.
  4. The landlord responded In January 2024, saying there was no service failure on its part, as it had attended the property in a timely manner each time the resident had reported the issue. It said that there were no outstanding repairs for the property. It scheduled another inspection of the property for January 2024.
  5. The resident escalated her complaint in February 2024. He said the January survey had focused on the kitchen rather than the bedroom and emphasised that the bedroom was the main issue he had been reporting. The landlord responded with another stage 1 response on 20 February 2024 saying that its surveyor had raised the necessary follow-up works, which, in her professional opinion, should resolve the damp and mould in the property.
  6. The resident approached the Service for advice in March 2024, and we asked the landlord to escalate her complaint. The landlord sent its final response letter on 29 August 2024. It reiterated its earlier responses that it had not found service failures and committed to further inspections of the resident’s property.
  7. After the final response letter, the landlord inspected the property in September 2024 and found damp and mould in both bedrooms, and upgraded the fans in the kitchen and bathroom. It inspected the property again in October 2024 and found damp throughout the property, including condensation and mould in the ceiling of both bedrooms. It raised further works in November 2024 to install ventilation in the bedrooms, wash the mould and redecorate the property.
  8. The resident informed us in January 2025 that the damp, mould, and condensation in the children’s bedroom are ongoing. She asked us to investigate the landlord’s handling of her complaint, which she said was about the ongoing damp in the bedrooms and the damage caused to her furniture and belongings, for which she was seeking compensation from the landlord.

Assessment and findings

Investigation scope

  1. In her complaint, the resident explained that she had experienced damp and mould for years and that her children had not used their room for 7 years. Under paragraph 42.c. of the Housing Ombudsman Scheme, the Ombudsman may not consider complaints not formally raised with the landlord within a reasonable time, typically within 12 months of the issues arising. As issues become historical, evidence can be difficult to obtain and authenticate, and accounts become less reliable. As such, this assessment focuses on events from November 2022, when the resident reported that damp and mould had reappeared. References to earlier periods are provided for context only.
  2. The resident complained that her family’s health had been affected by exposure to mould. It is outside the Ombudsman’s remit to establish links between a landlord’s actions or inaction and alleged health impacts. Matters of liability for damage to health are better suited to a court or liability insurance process to determine. This is in line with paragraph 42.f of the Scheme, which says the Ombudsman may not consider matters where the Ombudsman considers it quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, other tribunal, or procedure. Because of that the resident’s health concerns are not considered in this report.
  3. The resident made further damp and mould reports to the landlord following the end of the complaint process in August 2024. She has also told us that her concerns about the landlord’s handling of the problem have continued. This investigation centres on the issues in 2023 and 2024 leading up to the landlord’s final complaint response in August. In accordance with paragraph 42.a. of the Scheme, the resident is entitled to raise a new complaint with the landlord if he is dissatisfied with its actions after that time. If she remains dissatisfied after receiving the landlord’s final response to her new complaint, he has the option of asking the Ombudsman to undertake a further investigation.

The landlord’s handling of the resident’s reports of damp and mould and subsequent complaint

  1. The landlord’s damp and mould policy says that damp, mould, and condensation can negatively affect residents’ physical and mental health. As a result, the landlord adopted a zero-tolerance approach. Upon receiving a report of damp and mould, it would accurately identify the source of the problem and address the root cause rather than just treating the symptoms. Remedial works may include mould washing, followed by repairs, renewal, or installation of ventilation systems. The landlord will re-inspect the property within 12 weeks after completing the work.
  2. In its first complaint response, the landlord said that on 25 April 2023 its surveyor said the landlord needed to install air bricks in both bedrooms. The job was booked for June 2023 but was rescheduled to August 2023. When operatives arrived without a plasterer, they rescheduled the job to September 2023. This was postponed until October 2023, when operatives arrived without a bricklayer. The landlord said it had intended to reschedule the job, but it mistakenly cancelled it. It did not rebook it or explain why the job was no longer necessary. That was a failing.
  3. However, during the landlord’s inspection in January 2024, the surveyor noted that bedroom 1 had been fitted with thermal insulation walls in 2021, but mould and condensation were forming around the windows. In bedroom 2, the surveyor reported seeing “mould all over the resident’s furniture.” The landlord’s repair log notes that the surveyor believed the kitchen had sufficient ventilation. The surveyor recommended installing ventilation in the toilet. However, the report did not identify the need for air bricks in the bedrooms, which the landlord had identified in April 2023. It is not apparent from the evidence whether the second inspection did not agree with the earlier one’s recommendation or if this was a basic oversight. In any case, it is clear that the bedrooms were inspected, and there was some level of mould.
  4. The resident requested to escalate her complaint on 2 February 2024. She said that the surveyor had recommended additional ventilation in the kitchen, which she believed was not necessary given that the bedroom was the main problem. she also explained her concerns about mould damage to furniture and clothing, and the impact on her children’s health. She said that she had been paying rent for a room that, in her opinion, was unusable. She specifically asked the landlord to clarify whether additional ventilation in the kitchen would resolve the damage in the bedrooms. It is not apparent why, given the surveyor’s conclusion that the kitchen ventilation was sufficient, the resident had the opposite understanding.
  5. The landlord responded with another Stage 1 response in February 2024, saying that the surveyor had raised the necessary job to address the damp and mould in the resident’s property. It said that the ventilation in the kitchen was adequate. The landlord’s records show it did not uphold the complaint based on the assertion that the resident had requested additional ventilation in the kitchen. Given the resident’s explanation that she believed the bedroom condition was the primary issue, rather than the kitchen, and her apparent misunderstanding about the inspection’s recommendations, the landlord’s focus on the kitchen in its response was not reasonable.
  6. In its complaint responses the landlord noted that it had attended each report of damp and mould and addressed the problem at the time. The evidence supports its explanation, and its actions in that regard were appropriate and reasonable. However, the landlord’s complaint responses focused on the kitchen rather than the bedroom, and while it acknowledged the ventilation recommendation for the bedroom had not been completed, it did not explain what it would do about that. As the resident had emphasised her concerns about the bedroom’s condition, the landlord missed the opportunity to address them directly.
  7. Furthermore, the resident had complained that some of her furniture had been damaged by mould. The landlord’s 2024 inspection observed mould on the furniture, which would seem to add weight to the resident’s complaint. The landlord did not address the matter in its complaint responses but has subsequently told the Service that the resident could make a claim for the damage with its own insurers. There is no apparent reason why it did not explain this in its complaint response, and doing so might have provided a measure of relief for the resident.
  8. Overall, the landlord attended appropriately to the resident’s damp and mould reports in early 2023 and 2024. However, in response to her concerns specific to the bedroom it failed to provide appropriate reassurance, and then failed to explain his options for her damaged furniture. These omissions mean the landlord did not fully resolve the resident’s complaint.
  9. Information from the resident and landlord shows the landlord continued to inspect and work on further repairs to address damp and mould in the resident’s home following the end of the complaints process. This work included the bedrooms. Because of that, no specific orders are made here in regard to the failings seen in the landlord’s responses about the bedroom’s condition. However, as explained above, if the resident is dissatisfied with the landlord’s handling of the issue after August 2024 she is entitled to raise a new formal complaint with it.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of its handling of the resident’s reports of damp and mould and subsequent complaints.

Orders and recommendations

  1. In light of the failings found in this report the landlord is ordered to:
    1. Pay the resident compensation of £200.
    2. Write to the resident explaining how she can make an insurance claim to its insurers for damage she believes has been caused by damp and mould.
  2. Evidence of compliance with these orders must be provided within 4 weeks of this report.
  3. Information from the resident and landlord shows the landlord continued to inspect and work on further repairs to address damp and mould in the resident’s home following the end of the complaints process. This work included the bedrooms. Because of that, no specific orders are made here in regard to the failings seen in the landlord’s responses about the bedroom’s condition. However, as explained above, if the resident is dissatisfied with the landlord’s handling of the issue after August 2024 she is entitled to raise a new formal complaint with it.