London Borough of Hammersmith and Fulham (202449861)

REPORT

COMPLAINT 202449861

London Borough of Hammersmith and Fulham

23 September 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:
1. Handling of the resident’s reports of damp and mould and associated repairs.
2. Complaint handling.

Background

The resident has a secure tenancy with the landlord in a 1-bedroom ground-floor flat. The landlord is not the freeholder of the property.
On 16 April 2024 the resident reported a leak that caused damp in the property. The landlord inspected the on 7 May 2024 and found a leak from the downpipe. It recommended that this be repaired, and the external elevations repointed. At the end of May 2024 it carried out internal mould treatment, and in July 2024 after a heat loss survey, agreed to replace the radiator in the front room.
On 30 September 2024 the resident complained to the landlord. She said repairs were still not completed, despite chasing several times. She said the property was too cold during winter, and the landlord had not replaced the radiator in the front room. She also raised concerns about loose plasterboard in her bedroom and feared the wall might collapse. She reported mould on her sofas and worsening condensation. She wanted the landlord to complete the repairs urgently.
On 14 October 2024 the landlord responded to the complaint at stage 1. In summary, it said:
1. A job was raised for a radiator in the front room, but its contractor could not get hold of the resident.
2. When the resident contacted it in August 2024 to arrange for the radiator to be fitted, it did not arrange another appointment. It apologised for this and said its contractor would contact her with another date.
3. It had arranged an inspection of the property for 17 October 2024.
4. It raised a repair on 8 July 2024 for the repointing work. Because it did not own the freehold, it could not complete the works without the freeholder’s permission.
5. The resident could claim for damage to her sofa through its insurers.
6. It would offer £325 compensation, made up of £50 for the delays in fitting the radiator, £125 for the re-pointing work delays, £50 for poor communication and £100 for the inconvenience caused.
On 17 October 2024 the landlord inspected the property. It found damp and mould and recommended internal and external repairs. On 3 November 2024 the resident asked to escalate the complaint. She was frustrated with the delays in fitting the radiator and was concerned that the source of the damp and mould had not been resolved. She wanted repairs completed as soon as possible and further compensation.
On 2 December 2024 the landlord wrote its stage 2 final response. In summary, it said:
1. External works had not progressed due to difficulties in contacting the freeholder. The case was now with its legal team.
2. It had offered to carry out a weekly mould wash until the external works were resolved.
3. It provided the resident with a dehumidifier on 13 November 2024 to help manage condensation and said it would cover the cost of running it.
4. It would provide regular updates on the progress of the external repairs.
5. It apologised for poor communication about the radiator.
6. It would offer additional compensation once it completed all the work.
7. The resident could make a claim through its liability insurance for personal injury or damage.
The radiator was fitted on 23 January 2025. In her referrals to us, the resident said she had not received compensation for the dehumidifier. She said there was still damp in the property, and the pointing work was outstanding. She also reported a bathroom ceiling crack from a roof leak, as well as poor airflow in the front room. In addition, she said that the landlord did not issue its stage 2 response in December 2024, and it had not provided regular updates. She wanted all repairs to be completed, an apology for the delays and compensation for the distress and damage caused.

Assessment and findings

Scope of investigation

We recognise that the resident felt the landlord was responsible for damage caused to her possessions due to its handling of her reports of damp and mould. However, in this case, we are unable to determine the cause or extent of damage to the resident’s possessions. This would be better suited to an insurance claim or a court. We have, however, considered the distress and inconvenience this situation caused to the resident.

Handling of the resident’s reports of damp and mould and associated repairs

The landlord does not dispute that there were failings in its handling of this matter. Where the landlord admits failings, we consider whether it resolved the resident’s complaint satisfactorily in the circumstances and offered appropriate redress. In considering this, we assess whether the landlord’s actions were in line with our Dispute Resolution Principles: Be fair, put things right and learn from outcomes.
After the resident’s 16 April 2024 report of a leak causing damp and mould, the landlord inspected the property and carried out an internal mould wash treatment. However, it failed to carry out the necessary remedial repairs within its policy timescales. The resident had to keep chasing the landlord for updates, which caused her time and trouble.
It took the landlord around 7 months to install a new radiator in the front room after carrying out its heat loss survey. This delay was unreasonable. Evidence showed confusion between the landlord and its contractor about liability for possible flooring damage, which contributed to the delay. This caused the resident distress and inconvenience. She reported that the situation was affecting her health and described the front room as unbearably cold during the winter.
The landlord acknowledged these failings and offered £50 compensation. This was not proportionate to the level of distress and inconvenience caused. The resident had to live with inadequate heating in a main room for a considerable time, during some of the coldest parts of the year. This also likely contributed to a build-up of condensation, damp and mould.
The landlord’s May 2024 inspection found damp on the bedroom and kitchen walls caused by a leaking downpipe. It recommended repairing or replacing the pipe and noted problems with the pointing on the external walls. However, no repairs were carried out.
In its stage 1 response, the landlord said it was not the freeholder of the building and could not carry out the repointing without the freeholder’s permission. However, evidence showed that it did not raise the issue with the freeholder until November 2024, more than 5 months after its May 2024 inspection. This was unreasonable.
In its final response, the landlord promised to provide regular updates on the progress of the external repairs. However, there is little evidence it did so, and the resident again had to chase for updates. The landlord told the resident in June 2025 that its legal team was in contact with the freeholder, but it is unclear what steps the landlord took after confirming the freeholder’s obligations on 9 December 2024.
As of September 2025 the resident told us that the external works were still outstanding, and damp and mould remained in the bedroom, bathroom and kitchen. In its stage 1 response, the landlord offered £125 compensation for delays in raising and repairing the repointing. This was not sufficient to put things right, as the issues remain unresolved more than a year later, and the resident continues to live with damp and mould.
The Housing Ombudsman’s Spotlight report on damp and mould outlines that ‘landlords should recognise that issues can have an ongoing detrimental impact on the health and well-being of the resident. In this case, the resident was left exposed to damp and mould for a prolonged period because the landlord failed to pursue the external repairs with the freeholder at the earliest opportunity.
We recognise that the landlord provided mould washes during the complaint, which, when used alongside good practice to manage moisture levels, can help prevent the spread of mould. However, landlords must address both the cause and the effect of damp and mould, not simply treat the symptoms.
There is no evidence that the landlord took meaningful action after corresponding with the freeholder between November and December 2024. And the root cause of the damp and mould has not been repaired. This shows a lack of urgency and understanding of the distress and inconvenience caused to the resident. We have therefore ordered the landlord to provide a written update on its progress with the freeholder.
In her referral to us, the resident said the landlord had not compensated her for the use of the dehumidifier that it had provided to her. In its final response, the landlord agreed to cover the cost of the dehumidifier at £2.50 per day. We have therefore ordered the landlord to honour this commitment.
In its stage 1 response, the landlord accepted that it had failed in its handling of this matter. It offered £325 compensation for repair delays, poor communication, and inconvenience. However, this offer does not go far enough, given the impact on the resident and the fact that the issue remains unresolved.
We therefore find maladministration and have ordered the landlord to pay an additional £500 compensation for the impact on the resident. She also told us that there is a crack in her bathroom ceiling caused by a roof leak and poor airflow in the front room. As such, we have ordered the landlord to carry out a full inspection of the property and provide an action plan with timescales to resolve the damp and mould.
In its final response, the landlord said it would offer additional compensation once all the work was completed. This approach was inappropriate as landlords should look to put things right through the complaints process. Nevertheless, after the work is completed, the landlord should honour this commitment and consider whether further compensation is needed. As such, we have made a recommendation below.

Complaint handling

Although the landlord wrote its stage 2 response on 2 December 2024, broadly within its 20-working day policy timescale, it did not provide its response to the resident until 13 February 2025, over 2 months later.
This caused the resident to chase the landlord on at least 4 occasions. Evidence showed that the landlord failed to attach its stage 2 final response in emails to the resident. Although the landlord apologised for this error, it caused time and trouble and delayed the resident from bringing her complaint to this Service.
This amounts to maladministration and we have ordered the landlord to pay £50 compensation for the time and trouble caused.

Determination

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

Orders

The landlord must do the following within the next 4 weeks:
1. Provide a written apology for the failures identified in this report.
2. Pay the resident compensation of £875 comprised of:
  1. £325 as offered in the landlord’s stage 1 response if it has not done so already.
  2. A further £500 for the distress and inconvenience caused by the landlord’s handling of the resident’s report of damp and mould and associated repairs.
  3. £50 for the time and trouble caused by the landlord’s complaint handling.
3. Compensate the resident £2.50 per day for the period the dehumidifier was provided.
4. Write to the resident and this Service with an update on the progress with the freeholder regarding the external repairs. The update must include the steps it will take to ensure a resolution.
5. Inspect the property to identify any outstanding remedial works. If works are needed, it must create an action plan with proposed timescales and provide a copy of the inspection report and action plan to the resident and this Service.

Recommendation

Once all outstanding works are completed, the landlord should consider whether further compensation is due. It should confirm its decision in writing to the resident.