London Borough of Hackney (202425669)

REPORT

COMPLAINT 202425669

London Borough of Hackney

29 May 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 the resident’s reports of:
1. Damp and mould, and the associated repairs.

Background

The resident is a secure tenant of the landlord, which is a local authority. The property is a 3 bedroom house and the resident lives with her children. The tenancy began in March 2014. The landlord does not have any vulnerabilities recorded for the resident.
The resident first complained on 4 February 2024. She expressed frustration that there was damp and mould in the property which had not been resolved by the landlord following a surveyor visit in December 2023. The resident set out the following issues:
1. There was damp and mould in the first floor rear bedroom, and the window did not close properly which made the room cold.
2. There was damp and mould in the first floor front bedroom and the window was mouldy.
3. The first floor bathroom had damp and mould, the window fan did not work.
4. The downstairs toilet window needed a new handle, the landlord previously said it would order a new handle but this had not happened. The window fan was also falling apart.
5. Scaffolding was needed to assess the roof and guttering for leaks, but this had not happened.
A works order was raised on 5 March 2024. It included:
1. Mould wash treatment for 2 of the bedrooms.
2. Remove sealant from the bathtub and renew, repair the bathroom extractor fan.
3. Repoint brickwork around the bedroom window.
4. Remove moss growth from brickwork and repair downpipe.
The landlord provided its stage 1 response on 6 March 2024. It apologised for the resident’s experience and outlined that it had now inspected the damp and mould in the property. It stated it had asked its contractor to arrange the repairs ordered on 5 March 2024.
The resident escalated her complaint to stage 2 on 8 July 2024. She stated that the bathroom fan had not been replaced, and the damp in the bathroom had returned which was causing mould. The resident noted that, while the roof had been repaired, there was still mould in the bedrooms and this had caused damage to her belongings. Additionally, the resident stated that the landlord had said it would install a plug socket in the basement, but it had not done so.
The landlord’s stage 2 response was provided on 12 August 2024. It apologised for the delay and advised that the works had been allocated to the wrong contractor by mistake, but this had now been resolved. It outlined that the works order from March 2024 had now been allocated to the correct contractor.
The landlord stated that it had been unable to establish the extent of the works required in the basement, but it would look into this. It shared its insurance details with the resident so she could make a claim for her damaged belongings. It offered the resident compensation of £760, broken down as:
1. £250 for distress and inconvenience.
2. £250 for time and trouble.
3. £220 for the delay in correctly allocating the works.
4. £40 for its complaint handling at stage 1.

Events post internal complaint process

A survey was carried out on 27 August 2024. It stated that the windows in the property needed to be replaced. The landlord later stated that it could not replace the windows without planning permission, because the property is grade II listed and within a conservation area. It outlined it would contact the Planning department to discuss how to proceed.
The resident escalated the matter to this Service in January 2025. She expressed frustration that the landlord had not completed the works it said it would. While the roof had been repaired, there was still damp and mould in the property and the windows had not been replaced.

Assessment and findings

Scope of investigation

When the resident asked this Service to investigate her complaint, she raised a concern that the issues reported had impacted on her health and mental wellbeing. This aspect of the resident’s complaint ultimately requires a determination of liability for personal injury. Claims of personal injury, including damage to health, can be considered via a landlord’s public liability insurance or in a court of law. Such claims will take into consideration medical evidence and allegations of negligence. These matters fall outside of the Ombudsman’s remit.
The resident may wish to seek independent advice on making a personal injury claim, if she considers that her health has been affected by any action or lack thereof by the landlord.
It is noted that there are historical reports by the resident about the condition of the property, including a previous investigation by this Service in 2018. This report will focus on the landlord’s handling of the resident’s recent reports from December 2023 and up to the date the case was duly made to this Service, as this is what was considered during the landlord’s recent complaint responses.

Damp and mould, and the associated repairs

Under the Homes (Fitness for Human Habitation) Act 2018, the landlord must ensure the property is fit for human habitation throughout the tenancy. It must also ensure that the homes it provides meet the Decent Homes Standard. Section 5 of the Decent Homes Standard says the landlord should ensure that its properties are free of category 1 hazards under the Housing Health and Safety Rating System (HHSRS). Damp and mould is listed as a potential category 1 hazard.
The Ombudsman’s Spotlight Report on damp and mould sets out what the Ombudsman expects from landlords where damp and mould are concerned. It says landlords should take a zero-tolerance approach to damp and mould, carry out proactive intervention, communicate effectively with residents, and, where significant works may be required, it should consider whether the resident should be moved from the property at an early stage.
The landlord’s Damp and Mould action plan states that it will investigate all reports of damp and mould within 5 working days. The landlord’s repair policy states it will carry out “normal” repairs in 21 working days, where the issue does not cause major inconvenience or danger.
The resident complained on 4 February 2024 that the damp and mould in the property had not been resolved and asked the landlord to address her concerns. The resident also complained that the windows were not watertight and were letting cold air in, the resident requested they be replaced and asserted they were making the damp and mould worse. The landlord attended on 20 February 2024 to carry out a mould wash on the ceiling of the bathroom, and on 23 or 24 February 2024 for its surveyor to inspect the damp and mould. This was outside of the timeframe provided in the landlord’s damp and mould action plan which was inappropriate.
The landlord created a works order on 5 March 2024, but this was raised with the wrong contractor and was not corrected until 7 August 2024. Internal correspondence shows that the landlord did chase its contractor during that time but did not notice the error. This was inappropriate and caused inconvenience to the resident who did not know when the repair works would take place and had to wait longer than necessary for the work to begin. The resident was also distressed by the condition of her property felt that the landlord had failed to demonstrate it was taking the repairs seriously.
The landlord’s communication with the resident was inappropriate. It did not provide the resident with updates on the progress of the repair works outside of its complaint responses. This led to the resident making her stage 2 complaint because she was unclear when the works would be completed. The landlord did not manage the resident’s expectations or provide assurances it would complete the work in good time. Our Spotlight Report recommends that landlords should consider providing timeline of work and/or to providing updates to residents at set intervals. This includes when the matter has not progressed for a period of time to ensure residents are kept informed and can be assured that they have not been forgotten. This would have been appropriate in the circumstances.
In its final complaint response, the landlord acknowledged that there had been a delay in completing the repair works. While it apologised for assigning the work to the wrong contractor, it did not apologise for the ongoing failure to complete the works. The landlord did not offer any reflection or learning to demonstrate it had taken the resident’s concerns on board.
The landlord’s records show that its surveyor attended on 5 November 2024, after its final complaint response. Internal correspondence notes that “the damp is being treated and the leak from the roof is being repaired.” A works order was raised on or around 17 December 2024 and included mould washes and redecorating with mould inhibitor paint. We have not been provided with evidence that the repairs promised to the resident have been completed. The landlord is ordered to reattend to confirm its position on what work it will do and when it will do this.
This Service has seen internal correspondence from the landlord in August 2024 where it refers to the need to complete the work because of the resident’s referral to the Ombudsman. It is disappointing that the involvement of this Service appeared to be a motive for the repair work to be completed, rather than the landlord’s obligations to the resident who has been inconvenienced by the time taken to resolve the damp and mould. We expect landlords to take residents reports seriously and act proactively to resolve issues, regardless of our involvement.
Overall, the landlord did not carry out its inspection in good time and the remedial works took too long. There was an avoidable delay of 5 months for the work to be allocated correctly due to an error on the part of the landlord. The landlord did not provide meaningful updates outside of its complaints process which caused frustration and impacted the landlord tenant relationship. The resident was evidently distressed by the condition of her property and by not knowing when it would be resolved. As a result, the landlord’s handling amounts to maladministration.
The landlord has offered compensation of £720 to the resident, this was comprised of £250 for distress and inconvenience, £250 for time and trouble, and £220 for the delay in allocating the work. It is positive that the landlord has made an offer to the resident to attempt to redress the resident’s concerns, but it has not gone far enough.
The length of time the resident has had to live with the reported damp and mould, the distress the resident reports, and the failure to complete the remedial work in good time are aggravating factors in this case. We consider that the landlord should increase its offer of compensation for distress and inconvenience to £500 to reflect the impact on the resident. The landlord should offer a further £150 to recognise and redress the delay in completing the work following the it being correctly allocated.
We understand that the landlord has now advised the resident that the property is grade II listed and in a conservation area. This means it needs listed building consent and planning permission to change the windows, which it is pursuing. It is recommended that the landlord should write to the resident to provide a update on the status of the window replacements, including time frames of when it expects the work can be completed.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in relation to the landlord’s handling of reports of damp and mould, and the associated repairs.

Orders and recommendations

Orders

Within 4 weeks, the landlord must provide evidence to us that it has:
1. Apologised to the resident in writing for the failures noted in this determination.
2. Paid the resident a total compensation of £1120 to acknowledge and redress the failures identified in relation to the damp and mould, and the associated repairs. The landlord’s previous offer of £720 can be deducted from this amount, if already paid. This amount should be paid directly to the resident and not offset against any rent or debt owed.
Within 6 weeks of the date of the determination the landlord must:
1. Carry out an inspection of the property and set out its position on any repairs required in relation to damp and mould.
2. Write to the resident with the outcome of the inspection and include time scales of when the work will be completed.
3. A copy of this should be provided to us.

Recommendations

The landlord should write to the resident to provide an update on the replacement of the windows. The landlord should provide timeframes for when it can expect to complete the works.