London Borough of Lambeth (202438332)

REPORT

COMPLAINT 202438332

London Borough of Lambeth

31 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 complaint is about the landlord’s handling of:
1. Damp and mould at the property.
2. Lift repairs.
We have also considered the landlord’s complaint handling.

Background

The resident lives in a 2-bedroom flat owned by the landlord. This is within a high-rise building. We do not have information on the floor level of the flat. This is a secure tenancy that began in 2008. The resident told the landlord her son has asthma, and her daughter has allergies.
The resident contacted the landlord about damp and mould. It is unclear when this was, however, its records showed it responded by arranging 3 mould wash treatments from December 2022 to March 2023. In March 2023, the landlord arranged for a surveyor to inspect the property. There are no records of this inspection. It then arranged 2 further mould wash treatments in December 2023.
There is a gap in records until 4 March 2024 when the landlord recorded that water was “seeping between the bath and wall”. It attended the following day and identified work to re-grout the tiles and seal around the bath. The work was completed on 11 March 2024.
The resident raised a complaint to the landlord on 11 March 2024. She was concerned about persistent damp and mould that she said was affecting her family’s health. She reported that some of her belongings (clothes, books, toys, blankets, curtains) had become damaged by the damp and mould and she had to throw the items away. The resident was concerned that the landlord had not found the root cause of damp and mould.
The landlord acknowledged the resident’s concerns the following day as a stage 1 complaint and told her it would aim to respond by 10 April 2024.
On 10 May 2024, the landlord sent the resident its stage 1 complaint response. It told her it had completed work to mould wash the affected areas and replaced an extractor fan. It said the replacement fan should assist in controlling the humidity levels. It partly agreed with the resident’s complaint as it had been unable to resolve the issues. It told her it was considering whether an inspection of the property was appropriate.
The resident contacted the landlord on 10 June 2024. She said:
1. While mould washes were helpful short term, it had not identified the root cause of damp and mould.
2. There were leaks on the lower floors and within the foyer of the building. The carpet in this communal area was “soaking wet”. These leaks were impacting her home – the skirting boards were soft. She was concerned that she could not store anything at her home. Personal belongings had been damaged.
3. A lift within the building had been out of service since October 2023 leaving 1 lift for passengers over 20 floors in the building.
The landlord records of 26 July 2024 show it arranged to contact the resident to arrange an inspection of the property. There are no records to show if an inspection was completed.
On 13 August 2024, the landlord’s records showed it was contacting the resident in relation to support due to the lift being out of service. There are no further records to show whether a visit went ahead.
The landlord sent the resident its final stage 2 complaint response on 29 August 2024. It responded as follows:
1. Lift

It acknowledged there had been ongoing issues with one lift in the building since 15 November 2023. It was having a problem locating replacement safety components. It was monitoring the second lift in the building. It said the lifts were due to be replaced on its capital works programme within the current year, however, it did not have a timescale, and it told her to contact its capital works team for more information.

Leaks in foyer

It inspected other properties to establish the cause of the leaks. It found 2 serious leaks coming from different sides of the building and these had been fixed. It inspected the area on 8 August 2024, and no water was leaking. It was making arrangements to clean the carpet, and it apologised for the inconvenience.

Damp and mould

It said it would inspect the property, and it asked her to contact its surveyor to make arrangements.

There is evidence the landlord attempted to contact the resident in October 2024 to arrange work to damp and mould at the property. There are no further records of the details or whether any work went ahead.
The resident referred her complaint to us in December 2024.She told us the bedrooms were affected by damp and mould. She described the stress of living with mould and the impact on her family’s health of respiratory issues.
In January 2025, the landlord inspected the property. Its notes refer to condensation near the toilet area. It said that a vent should be fitted. There are no records to support if the work went ahead.
The landlord carried out a further inspection of recurring damp on 12 March 2025. It has not recorded the outcome of its visit. In April 2025, the landlord arranged work to the bathroom, hallway, and separate toilet. It is unclear what the work related to, however, it did overhaul a bathroom fan.
In May 2025, the landlord told us no damp had been recorded at the property. It suggested there was a condensation issue caused by poor ventilation which it said could be a lifestyle issue.
On 27 May 2025, the landlord’s record shows the resident had reported mould that covered the entire wall from floor to ceiling in the toilet area. The landlord arranged a mould treatment on 29 May 2025 and arranged to inspect the property. There are no records of its inspection.
On 23 July 2025, the resident provided us with an update. She said the damp and mould has not been resolved. She is concerned there is a leak on the toilet that is affecting the hallway. The main areas of the property affected by damp and mould are the toilet, bathroom, and bedrooms. The lift remains out of service. There has been 1 working lift within the building for over a year. The resident had to access the working lift by 2 flights of stairs.

Assessment and findings

Scope of Investigation

The resident refers to the health of her family deteriorating due to damp and mould at the property. This Service is unable to draw conclusions on the causation of, or liability for, impact on health and wellbeing. Matters of personal injury or damage to health, their investigation and compensation, are not part of the complaints process, and are more appropriately addressed by way of the courts or the landlord’s liability insurer as a personal injury claim.

The landlord’s handling of damp and mould at the property

When investigating complaints involving damp and mould, the Ombudsman will consider whether the landlord has fully and fairly investigated the issue, engaged independent expertise where appropriate, and communicated effectively with the resident. The landlord’s response should reflect the resident’s individual circumstances, including any vulnerabilities or health concerns.
From December 2022 the landlord responded to the resident’s concerns of damp and mould at the property by arranging 3 separate mould washes over a 3-month period. The landlord later arranged an inspection of the damp and mould in March 2023, however, there is no evidence the inspection went ahead. At the beginning of March 2023 there was an issue with a leak on the bath. The landlord resolved the issue in mid-March 2023.
The Ombudsman expects landlords to adopt a zero-tolerance approach to damp and mould. This does not mean zero cases, but it does mean taking proactive steps to identify and address issues before they escalate. The landlord’s lack of records on inspections is of concern. Without robust records the landlord cannot satisfy itself or our Service that it has taken appropriate steps to resolve the issues.
The landlord’s repairs manual prioritises repairs according to severity. This includes urgent emergency work to attend within 2 hours to routine work to be fixed within 28 days.
The landlord initially responded to the damp and mould concerns and leak within a reasonable timeframe and in accordance with its repairs manual. However, its overall approach to resolving damp and mould was reactive in arranging a number of mould washes. Instead, it should have arranged a survey of the property to establish the root cause of the issue earlier on in the process. The landlord delayed in inspecting the property until March 2023, however, we cannot be confident that this inspection went ahead and if so, what conclusions were made at this stage. Without suitable records, there is no way of knowing whether it had taken appropriate steps to understand what was going on. The landlord’s overall approach to managing damp and mould, including its delayed survey and lack of records was therefore inappropriate.
The resident complained to the landlord in mid-March 2024 due to her concerns of persistent damp and mould. She was concerned about the health of her family and her possessions becoming damaged.
The landlord responded to the resident at stage 1 of its complaints procedure in mid-May 2024. It partly agreed with her complaint as it recognised it had not resolved the issue. However, it appeared to be satisfied with its actions of mould washes, a replacement fan, and a potential inspection of the property.
The landlord is obliged to keep the property free from mould and damp and fit for human habitation as per the Homes (Fitness for Habitation) Act 2018 (‘the Homes Act 2018’). The landlord is obliged to respond to repairs within a reasonable timescale under the Homes Act 2018 and the Landlord and Tenant Act 1985.
Landlords are required to consider the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). HHSRS does not specify any minimum standards, but it is concerned with avoiding or minimising potential health hazards. Additionally, we expect landlords to consider the individual circumstances of residents, including any health vulnerabilities, when responding to reports of damp and mould.
Given the resident had already told the landlord of concerns on the impact of damp and mould on her family’s health and damaged possessions, it is of serious concern that the landlord did not take reasonable and proportionate action in light of the resident’s reports which included the impact on the household’s health. The landlord should have conducted a risk assessment of the situation and signposted her to its insurance route to make a claim for damaged possession through its public liability insurance. The landlord’s inactions were therefore inappropriate.
The resident escalated her complaint in mid-June 2022. She added that there were leaks on lower floors of the building and the foyer area that were contributing to the damp and mould in her home. Towards the end of July 2024 there is evidence the landlord contacted the resident to arrange an inspection. It is unclear whether the inspection went ahead due to the landlord’s lack of records.
There are record keeping failures throughout this investigation. We expect landlord’s to keep robust records to effectively manage its repair and maintenance service. Without a record of its actions, it is unable to recall events or provide an audit trail to satisfy itself it has complied with its statutory duties and suitable service delivery standards. Within our inspection report on the landlord (January 2024), the landlord accepted it should do more to improve its record keeping. We recommended it reviewed its process for recording completed repairs to ensure it has a clear repair record. The landlord should extend this to ensure it keeps a clear audit of inspection reports to satisfy itself and our Service that it can effectively manage its repairs service and evidence its decision making. The landlord should refer to our Spotlight report: Knowledge and Information Management (KIM – May 2023) and our Spotlight report: repairs and maintenance – repairing trust (May 2025) for best practice.
At the end of August 2024, the landlord sent the resident its stage 2 complaint response. It told her it had dealt with the leaks in the communal area. It asked her to make contact with its surveyor to arrange an inspection of the property.
The landlord did not show a human-centric approach to resolving the issues and instead put another step in the process of making the resident contact it again to arrange an inspection. It would have been reasonable for the landlord to arrange an appointment for a surveyor to visit within its response letter.

Summary of events after landlord’s complaints procedure

There is evidence the landlord attempted contact with the resident in October 2024, however, its record keeping is poor and does not evidence whether the visit went ahead.
The landlord inspected the property in January 2025. It noted condensation within the toilet area. It recommended a vent should be fitted, however, there is no record of this work. A further visit was recorded in mid-March 2025, however, there are no records of the outcome. The landlord arranged work in April 2025 to the bathroom, hallway, and separate toilet. It is unclear what work it carried out other than the overhaul of a bathroom fan.
The landlord later told us there was no damp at the property and the issue was condensation related, some of which may be caused by lifestyle. We are not disputing that this may be the case, however, the landlord has not demonstrated it has fully investigated the issues to reach this conclusion. Neither has it supported this decision with records of inspections to demonstrate a competent surveyor has reached this conclusion.
Further, there is no evidence the landlord has communicated its decision of condensation to the resident and provided an action plan to her on how both parties can work towards reducing the humidity levels within the property. We expect landlords to offer these steps as part of a holistic management plan of damp and mould in a property. The landlord should refer to our Spotlight report on damp and mould – its not a lifestyle (October 2021) for best practice.
In conclusion, there were several failures in the landlord’s handling of damp and mould. These relate to:
1. Delayed surveyor inspection of the property.
2. Failure to risk assess the damp and mould taking into account the resident’s household individual circumstances.
3. Failure to signpost the resident to make an insurance claim for damage to personal possession.
4. Poor record keeping.
5. Apathy in resolving the issues and lack of a human-centric approach.
The landlord’s dismissive approach to damp and mould at the property caused prolonged delays of 2 years and 7 months in fully resolving the issues, some of which currently remain outstanding.
The landlord has stated that there was no damp at the property and referred to ventilation/condensation issues. However, its lack of records mean that it is unable to support that position. Given the additional failures and the resident’s reports of the detriment she has experienced, we have found severe maladministration in the landlord’s handling of damp and mould at the property. The landlord should therefore compensate the resident £1500 to put things right in recognition of the significant impact of distress and inconvenience. This amount of compensation is aligned to our remedies guidance.

The landlord’s handling of lift repairs

The resident made the landlord aware of her concerns with a lift outage in mid-June 2024. There was 1 working lift for the whole building that covered all floors in the high-rise building. The landlord arranged to contact the resident in mid-August 2024 about support requirements, however, the landlord’s records do not show whether a visit went ahead.
The landlord’s repairs manual states it will class lift breakdowns as an “urgent emergency” priority, attend within 2 hours, and fix the issue within 24 hours. It is unclear when the landlord attended the lift, however, it is clear the lift was not fixed within 24 hours due to the requirement to source a part.
When the landlord responded to the resident at stage 2 of its complaints procedure at the end of August 2024 it told her there had been ongoing issues with one of the lifts since mid-November 2023. It told her it would be replacing both lifts in the building that year, however, it did not have a timescale and told her to contact its capital works team.
We understand that it is not always possible to repair items of a complex nature such as lifts. We do however expect landlord’s to provide a prompt response to individual resident requirements to understand difficulties and reduce risks.
The landlord delayed in responding to the resident by 2 months. However, we cannot be sure that it contacted the resident then as its record keeping is poor. While it was positive that the landlord had agreed to replace the lifts, it put the onus on the resident to find out when the work would take place. The landlord’s inactions and lack of a customer-centric approach were inappropriate.
To conclude, the landlord delayed in completing lasting repairs to the lift within the building for over 1 year. However, there is no evidence the resident was left without a working lift at any stage given that there was more than one lift in the building. Nevertheless, the landlord failed to evidence it had followed up with the resident about any support requirements. The landlord’s inaction was inappropriate. We have therefore found maladministration in the landlord’s handling of lift repairs. The landlord should offer the resident £200 compensation for the adverse impact caused to her of distress and inconvenience. This amount of compensation is aligned to our remedies guidance.

The landlord’s complaint handling

The resident raised a complaint on 11 March 2024. The landlord acknowledged the complaint the same day and sent its response on 10 May 2024.
Section 6.2 to 6.4 of our Complaint Handling Code (the Code – April 2024) states:
1. 6.2 – Complaints must be acknowledged, defined, and logged at stage 1 of the complaints procedure within 5 working days of the complaint being received
2. 6.3 – Landlords must issue a full response to stage 1 complaints within 10 working days of the complaint being acknowledged.
3. 6.4. – Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 10 working days without good reason, and the reason(s) must be clearly explained to the resident.
The landlord acknowledged the complaint within the Code timeframe. However, it delayed in its response by 42 working days without agreeing an extension timescale. The landlord therefore did not comply with the Code. This was inappropriate.
The resident escalated her complaint on 10 June 2024. The landlord sent its stage 2 complaint response on 29 August 2024.
Section 6.11 to 6.15 of the Code states:
Section 6.11 – Requests for stage 2 must be acknowledged, defined, and logged at stage 2 of the complaints procedure within 5 working days of the escalation request being received.
Section 6.14 – Landlords must issue a final response to the stage 2 within 20 working days of the complaint being acknowledged.
Section 6.15 – Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 20 working days without good reason, and the reason(s) must be clearly explained to the resident.
The landlord did not acknowledge the complaint. It provided its response 57 working days later without agreeing an extension with the resident. The landlord therefore did not comply with the Code. This was inappropriate.
Further, the landlord did not identify the full extent of its failures. This was a missed opportunity for the landlord to reflect and put things right for the resident through its complaints procedure.
For these reasons, we have found maladministration with the landlord’s complaint handling. The landlord should compensate the resident £100 to reflect the adverse impact caused to her of distress and inconvenience. This amount of compensation is aligned to our remedies guidance.

Determination

In accordance with paragraph 52 of the Scheme there was severe maladministration with the landlord’s handling of damp and mould at the property.
In accordance with paragraph 52 of the Scheme there was maladministration with the landlord’s handling of lift repairs.
In accordance with paragraph 52 of the Scheme there was maladministration with the landlord’s complaint handling.

Orders and recommendations

Within 4 weeks of this report, the landlord should write to the resident and apologise for the failures identified within the report.
Within 4 weeks of this report, the landlord should pay the resident compensation of £1800 made up of:
1. £1500 for the landlord’s handling of damp and mould at the property.
2. £200 for the landlord’s handling of lift repairs.
3. £100 for the landlord’s complaint handling.
Within 4 weeks of the report the landlord should provide the resident and our Service with its action plan of how it intends to:
1. Resolve damp and mould at the property. This should include its risk assessment in line with HHSRS requirements that considers the resident’s individual needs. A timescale for the completion of remedial work should be included.
2. Resolve the lift outage within the building. This should include its action plan of:
  1. How it will ensure the resident’s individual access concerns are considered.
  2. How it will ensure the access needs of other residents in the building are considered.
Within 4 weeks of the report the landlord should signpost the resident to its insurance department to make a claim under its public liability insurance in relation to the resident’s report of damaged possessions.
Within 6 weeks of the report the landlord should provide us with its learning and action plan from this complaint. The review should be conducted independently of the service areas involved. It should also share the outcome of the review with its governing body. This review should focus on:
1. How it will improve its damp and mould service. It is noted the improvements put in place since this complaint in relation to its self-assessment against our Spotlight report on damp and mould. The landlord’s damp charter recognises that “everyone should live in a warm and dry home”. It commits to a quick diagnosis by arranging an inspection to diagnose the issues within 28 days, or sooner in emergency situations. However, we require assurance that the landlord has a grip on long standing damp and mould issues prior to its introduction of improvement measures.
2. Record keeping. In particular how it will ensure surveyor reports and work orders are accurately recorded.
3. Lift repairs – In particular in relation to its procedure for risk assessing individual access requirements in times where a lift is out of service.
The landlord should reply to our Service with evidence of compliance with these orders within the timescales set out above.