London Borough of Wandsworth (202315207)

REPORT

COMPLAINT 202315207

Wandsworth Council

27 June 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 the associated repairs.
2. Response to the resident’s reports of damaged belongings.
3. Complaint handling.

Background

The resident is a secure tenant of the landlord, which is a local authority. The property is a 3 bedroom, top floor flat. The resident lives with her husband and children. The landlord is aware that members of the household have asthma, including the resident’s children.
On 13 April 2023, the landlord inspected the resident’s property following her reports of damp and mould. It raised various roof and guttering repairs. It also raised a job to do a mould wash. On 18 April 2023, the resident raised a complaint to the landlord, which the landlord said it would address as a service request rather than a complaint.
On 24 April 2023, the resident refused the landlord access to do a mould wash as she wanted a further inspection. The landlord conducted an inspection on 3 May 2023, and it raised further roof repairs, which it completed on 2 June 2023. However, the resident raised another complaint on 4 July 2023. Again, the landlord confirmed that it would treat it as a service request.
Following further refusals from the resident to have mould washes, the landlord inspected the property on 10 August 2023 and raised further works to plaster and redecorate several walls in the property. External contractors conducted an independent survey on 21 August 2023.
Following intervention from this Service, the landlord acknowledged the resident’s complaint on 5 October 2023. Her complaint was about damp and mould, outstanding repairs, damaged belongings, and poor complaint handling. The landlord issued its stage 1 response on 24 October 2023. It said:
1. It had inspected her property several times and completed various repairs. However, it had not resolved the damp and mould. The landlord assured the resident that it was due to complete roof repairs within the next 4 weeks, and it would also upgrade the resident’s extractor fans in the property.
2. While there were outstanding issues in the property, it was still habitable.
3. If the resident’s belongings had been damaged, it was able to provide advice about how she could pursue an insurance claim.
4. It recognised that its communication had not been up to standard, and it had not handled her complaint in accordance with its complaints policy.
The landlord offered £150 compensation in recognition of the delays in resolving the damp and mould and handling the resident’s complaint.
On 25 October 2023, the resident escalated her complaint. She said that the stage 1 response did not consider the “years of anguish” she had experienced due to the damp and mould, nor had it considered the damage to her personal belongings. She also said that the landlord had not considered the impact that the damp and mould was having on her families health. The resident said that she wanted the landlord to rehouse her.
The landlord issued its stage 2 response on 4 December 2023. It:
1. Explained that its response did not intend to discount any issues that she had previously experienced. However, in the context of this complaint, its response reflects the most recent incidents.
2. Acknowledged that it had identified and raised further repairs following an inspection on 10 November 2024. It had also asked external roofing and heating contractors to inspect her property. It apologised for any distress and inconvenience caused, as it said that it could have identified the repairs sooner.
3. Said it would consider whether temporary rehousing was necessary once a further roof inspection had taken place. It asked the resident to provide information about the impact that the condition of the property had on her family’s health. With regards to a permanent move, it had advised her of the available options and offered to call her to discuss further.
4. Reiterated that she could make an insurance claim for any damaged belongings. It said that it had emailed her on 17 November 2023 to request further information about the damaged belongings so it could assist her. It asked that she provide this information so it could review it.
The landlord offered £300 compensation for the time taken to resolve the issue, as well as its failure to keep the resident updated.
The resident remains dissatisfied because the landlord did not consider that she had “suffered” for “over a decade”. She is unhappy with the compensation offer as she does not believe that it reflects the detrimental impact that the damp and mould has had on the household’s health, nor does it reflect the “mental anguish” that they have suffered.

Assessment and findings

Scope of investigation

The resident has said that damp and mould has been an issue for several years. We note the resident’s concern and the serious nature of the matter. However, the Ombudsman encourages residents to raise complaints with their landlords in a timely manner. This is because with the passage of time, evidence may be unavailable and personnel involved may have left an organisation, which makes it difficult for us to conduct a thorough investigation and make informed decisions.
Taking this into account, and the availability and reliability of evidence, this assessment has focussed on the period from April 2023 onwards. The records indicate that this was the beginning of the events that led to the resident raising a formal complaint.
The resident has raised concerns about the impact of the damp and mould on her child’s health and that of the household. The resident’s concerns about these matters are acknowledged. In this case we are unable to determine whether there was a direct link between the landlord’s actions and the resident’s health. These decisions are best made by either the landlord’s public liability insurer, if it has one, or a court. While we cannot consider injury to health, we will assess whether any failings by the landlord were the cause of distress and inconvenience to the resident and her household.
Within her complaint, the resident advised that her personal belongings had been damaged by the damp and mould. In the absence of any evidence of a quantifiable financial loss, an insurer and the court are best placed to decide on whether any damages are payable, and if so, what sum is due. However, we have considered how the landlord responded to the resident’s concerns about damage to her belongings.

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

Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. They must treat cases of damp and mould with the utmost seriousness. Furthermore, the landlord has a responsibility under the Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth pose a health risk to residents and therefore the landlord is required to consider whether any mould problems in its properties amount to a health hazard that may require prompt remedy.
The landlord also has repair obligations under section 11 of The Landlord and Tenant Act 1985 which places a statutory obligation on the landlord to maintain the structure and exterior of the property.
The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) provides recommendations for landlords, including that they should “adopt a zero-tolerance approach to damp and mould”. The report notes that it is imperative that residents are not living with damp and mould for an extended period.
The report also highlights that landlords should consider at an early stage whether moving the resident out of the property to suitable accommodation is necessary, either on a temporary or permanent basis. This will ensure that residents are not left living in unsatisfactory conditions for months before rehousing is considered. This is particularly important with respect to vulnerable residents.
The landlord operates a damp and mould procedure. It states that following a report of damp and mould, it aims to complete a mould wash within 48 hours, although the target was dependent on service demand and the extent of the mould growth. Nevertheless, it commits to undertaking an inspection within 14 days of a report, with the aim of completing any subsequent repairs within 21 days. However, if the damp and mould was caused by a leak, it would take immediate action.
It is unclear when the resident reported damp and mould. However, the landlord inspected the property on 13 April 2023. It arranged to complete a mould wash on 24 April 2023. This was a departure from its damp and mould procedure, albeit the extent of the mould in the property is unclear. Regardless, this would have caused the resident frustration. We understand that the resident declined the mould wash and asked for a further inspection.
The resident is obligated in line with her tenancy agreement to allow access to the property when required for inspections, repairs and maintenance. The reasons that the resident declined access are understood. However, unless the landlord could gain reasonable access to the property, it would have been unable to carry out the required works to address visible mould. We cannot criticise the landlord for not completing a mould wash if it could not gain access to the property.
Overall, between April 2023 and November 2023, the landlord conducted 4 inspections at the resident’s property. A further independent inspection was also carried out in August 2023. During this time, it completed some repairs in a timely manner, which was positive. Internally, the landlord attempted to complete mould washes and offered dehumidifiers. This was appropriate. The external repairs completed included:
1. Renewing guttering.
2. Replacing damaged roof tiles.
3. Clearing gutters.
4. Sweeping moss from the roof.
5. Renewing brickwork pointing.
There will always be cases of damp and mould that are more difficult to diagnose and/or repair and, therefore, take longer to rectify. Based on the available evidence, we conclude that the landlord made reasonable attempts to conduct repairs that would resolve the damp and mould. It was also positive that it arranged an independent survey. However, the landlord has not provided a copy of the survey findings to this Service, nor has it provided reports from its surveys conducted by landlord staff. This has proven unhelpful to our investigation, as we have been unable to assess whether the repairs carried out were in accordance with the recommendations made following surveys.
The Ombudsman’s Spotlight Report on Repairs stresses the importance of landlord’s and its contractors keeping comprehensive records of residents’ reports of disrepair and their responses, including details of appointments, any pre and post-inspections, surveyors’ reports, work carried out and completion dates. That an accurate audit trail was not kept is indicative of poor record keeping practices and therefore inappropriate.
In August 2023, the resident provided the landlord with a letter from her doctor, which confirmed the resident’s son suffered with asthma, and the mould in the property was having a negative impact on him. While we appreciate that the letter was dated April 2023, there is no evidence that the landlord took steps to expedite the repairs or give any consideration to his evident health vulnerabilities by referring the case to its medical advisor.
This is a significant concern, particularly given the threat that damp and mould poses. The landlord should have considered the Ombudsman’s recommendation within the Spotlight report to assess the individual circumstances of the household, including any vulnerabilities, and whether it is appropriate to move resident(s) out of their home at an early stage.
Overall, it is evident that the landlord identified roof defects and made efforts to rectify them. It carried out repairs in a timely manner, which was reasonable. This Service also understands that major works are due to take place this year on the roof. That being said, many of the repairs completed between April and November 2023 were repeated. It would have been reasonable for the landlord to have considered alternative options as numerous repair attempts failed to resolve the issue. That it did not was unreasonable.
The landlord acknowledged its failings in its stage two response. It appropriately recognised that it had failed to respond in accordance with its obligations and offered £300 compensation for the distress caused. However, this Service is unable to determine if the repairs undertaken were in accordance with the survey recommendations and there is not enough evidence to demonstrate that the landlord gave enough consideration for the household’s vulnerabilities.
Based on the evidence available, and with reference to our remedies guidance, its offer was insufficient and does not reflect the distress, inconvenience and discomfort endured by the resident. The Ombudsman has therefore made a new order of compensation that replaces the landlord’s original offer.
The landlord failed to identify the root cause of the issue within a reasonable period, and as such, it has been unable to put in place a lasting and effective fix, as per its obligations under the Landlord and Tenant Act 1985. Furthermore, the resident had expressed concern that the conditions within the property were impacting the health of those within her household and the landlord failed to respond appropriately.
We have found maladministration in the landlord’s handling of the resident’s reports of damp and mould and the associated repairs. Compensation of £600 has therefore been awarded to appropriately compensate the resident for the distress and inconvenience endured. The level of compensation awarded is in line with the Ombudsman’s Remedies Guidance where there was a failure that had a significant impact on the resident, and the redress needed to put things right is substantial.

Response to the resident’s reports of damaged belongings.

The landlord did not dispute that the damp and mould could have caused damage to the resident’s personal belongings. It asked the resident to provide further information about what was damaged so it could review it. This was reasonable. While it did not see evidence of damage to any belongings, it advised the resident of the correct process to contact a specific staff member to pursue a claim via its insurers. This was appropriate.
Overall, the landlord acted appropriately in promptly requesting this information each time the resident raised the issue. The landlord should contact the resident again with regards to her damaged items and upon receipt, if appropriate, make a referral to its insurers.
As such, there was no maladministration in the landlord’s response to the resident’s reports of damaged belongings.

Complaint handling

The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for how landlords should handle complaints. The Code encourages landlords to adopt a positive complaint handling culture that enables them to resolve disputes, improve the quality of the service it provides to residents, and ensure that complaints provide an opportunity for learning and positive improvement.
The landlord’s complaints policy defines a complaint as an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual or group of individuals. This is in accordance with the Code. The landlord’s website states that not all reported concerns would be handled as a complaint. It provides examples of reports that it would treat as a service request such as a faulty streetlight or graffiti.
In the interest of fairness, it is reasonable for a landlord to treat an initial report of a repair as a service request. This is because it should have the opportunity to respond and rectify any reported issues when they are initially reported. However, any subsequent related concerns or expressions of dissatisfaction raised by a resident should be progressed through its formal complaints process.
In the absence of any evidence of reports of damp and mould for 12 months prior to the resident’s complaint in April 2023, it is reasonable that the landlord progressed the report as a service request rather than a complaint. However, the resident made a further complaint in July 2023 that the landlord failed to treat as a complaint. This was inappropriate and a failing of the landlord. It is reasonable to assume that this would have been particularly frustrating and distressing for the resident and demonstrates a distinct lack of positive action from the landlord.
The landlord’s failure to initially progress the complaint formally meant that the resident did not have the reassurance and benefit of response timescales, the opportunity to receive a formal remedy to put things right and an awareness in how to escalate her complaint should she wish to do so. As the resident needed to contact us to ask the landlord to acknowledge her complaint, this caused her avoidable inconvenience. The landlord’s failure to raise a complaint was a departure from its complaints policy and the Code.
Overall, the landlord failed to acknowledge the resident’s complaint promptly. This delay caused the resident frustration, time and trouble as it delayed her progressing through the formal complaints process. This subsequently delayed the resident in being able to bring her complaint to this Service for independent investigation.
There was maladministration in the landlord’s complaint handling.

Determination

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 and the associated repairs.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in respect of the landlord’s response to the resident’s reports of damaged belongings.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in respect of the landlord’s complaint handling.

Orders and recommendations

Orders

Within 4 weeks, the landlord should:
1. Issue an apology to the resident, in writing, regarding the failures identified by this investigation.
2. Pay the resident a total of £700 in compensation. This should be paid directly to the resident and not offset against any arrears. The compensation is intended to replace the landlord’s original offer of £300, this can be deducted from the total amount if already paid. The compensation breakdown is as follows;
  1. £600 for the distress and inconvenience caused by the landlord’s handling of the resident’s reports of damp and mould and the associated repairs.
  2. £100 in recognition of the frustration and inconvenience cause by the identified complaint handling failures.
3. Complete an inspection of the property to determine if the damp and mould is resolved. It should then provide its findings of the inspection in writing to the resident and this Service. It should also include any repairs identified, as well as appointment dates for any repairs that it intends to do. Any repairs should be scheduled in accordance with the timeframes outlined within its repairs policy.
Evidence of compliance with the above orders must be sent to this Service.