Mid Devon District Council (202334014)

Background

1. The resident lived in a bungalow which was obtained through a mutual exchange. The resident has since moved out. The resident has disabilities which the landlord was aware of. The resident has also told us she has asthma and a low immune system and is allergic to dust. However, the landlord was not aware of these vulnerabilities during the complaint. In March 2023, the resident reported damp and mould in her property.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Damp and mould at the property.
   2. The associated complaint.

Our decision (determination)

3. There was maladministration in the landlord’s response to damp and mould at the property.
4. There was no maladministration in the landlord’s handling of the complaint.

We have made orders for the landlord to put things right.

Summary of reasons

5. There were unreasonable delays in the landlord carrying out the recommended drainage works. There was also a lack of communication from the landlord to the resident about when it planned to complete the works.
6. The landlord’s complaint responses were sent within the timeframes set out in its policy and the Ombudsman’s Complaint Handling Code (The Code), which sets out our expectations for landlord’s complaint handling. Its complaint handling was reasonable in the circumstances.

Putting things right

Where we find service failure, maladministration, or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

7. The resident raised in her complaint that damp, and mould had been an issue at the property since she moved in October 2020. We acknowledge the resident’s comments about the length of time the issue has been ongoing for. However, our scheme states we may not investigate complaints which were not referred to the landlord as a complaint within a reasonable time, which is normally 12 months. The resident stated she noticed damp and mould issues shortly after she moved into the property. However, we have seen no evidence the matter exhausted the landlord’s complaints procedure at that time. We have therefore not assessed the landlord’s handling of damp and mould dating back to October 2020. This investigation focuses on the landlord’s handling of damp and mould from 12 months leading up to the resident’s complaint in May 2023.
8. In March 2023, the resident reported that there was damp and mould in the kitchen and she said it was impacting the kitchen floor. The landlord responded appropriately to the resident’s report and carried out an independent survey at the property in April 2023. This was in line with its damp and mould policy which explains in cases where the cause of damp and mould is unclear, an inspection may be required.
9. The inspection identified that there was high moisture levels restricted to the walls and the end gable wall. It was also identified that there was damp to the central section of the flooring. The surveyor recommended repointing works and for the cavity insulation to be checked. They also recommended for channel drainage to be installed on the outside path to prevent water passing down the side path next to the property. Shortly after the completion of the survey, the landlord confirmed to the resident that it would carry out the recommended works. However, it confirmed it had not booked a date for the works and said they would be completed during the financial year of 2023/2024. The delay in the landlord arranging an appointment for the works was unreasonable.
10. The landlord also confirmed in its stage 1 complaint response it would apply damp proofing to the floor and replace the kitchen floor. The landlord acted appropriately by agreeing to replace the floor in the kitchen, particularly as the surveyor identified damp in the central part of the floor. The landlord explained it had reimbursed the resident £36 for paint she purchased, which was reasonable as it previously agreed to do this.
11. The landlord also refused to pay compensation for the resident’s damaged belongings. This was reasonable, although it would have been appropriate for the landlord to provide the resident with a more detailed explanation on why it would not be reimbursing for her damaged belongings. The landlord would only be responsible for reimbursing the resident for her damaged belongings if there was sufficient evidence to confirm it was directly responsible for her belongings being damaged through its action or inaction. In this case, the landlord arranged a survey shortly after the resident’s report of the damp and mould and we have not seen evidence to suggest that the damp and mould in the property was caused by a failure from the landlord.
12. The resident also raised concerns to the Ombudsman that the damp and mould impacted her health due to her having a low immune system and asthma. We acknowledge this has been a very difficult time for the resident. However, it would be fairer, more reasonable, and more effective for the resident to make a personal injury claim for any injury caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We’ve not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.
13. There was a delay in the landlord carrying out some of the works to resolve the damp and mould. Also, it failed to effectively communicate with the resident to keep her updated on a planned date for the works. The landlord completed the works to the kitchen in June 2023 and then repointing works and cavity wall insulation works were completed shortly after in July and August September 2023. A specialist contractor was required to carry out these works, therefore the time taken to complete these works were reasonable. The landlord acted appropriately by offering the resident 1 week’s rent of £89.54 to recognise that she could not use the kitchen for 4 days whilst works were carried out.

14. The landlord offered to install environmental monitoring equipment in the resident’s property to monitor the humidity levels and any changes after completing works. The landlord also emailed the resident in December 2023 asking if it could install the monitoring equipment. However, the resident declined the request. The landlord acted reasonably by offering to install the monitoring equipment on more than one occasion to try to identify the cause of the damp and mould.
15. Although the landlord carried out most of the works within a reasonable timescale. It failed to complete the installation of the additional drainage until January 2024. It also confirmed it installed an additional drainage channel to divert water into the garden. The landlord said it considered these works as improvement works which is why it did not complete the works promptly. However, as the surveyor recommended the drainage works to help resolve the damp and mould at the property, it would have been reasonable for the landlord to prioritise these works to manage and resolve the damp and mould. The delay in the landlord carrying out the works was unreasonable.
16. The landlord carried out a post inspection of the drainage works, and it explained there were no issues identified. The resident reported to the landlord in September 2024 that she was still experiencing damp and mould issues in her property. This occurred since the complaint exhausted the landlord’s complaint procedure and since the landlord carried out the recommended works. We cannot conclude whether the new damp and mould issue is linked to the resident’s initial report, and we have no power to investigate complaints which the landlord has not had the chance to put right first. There is no evidence the reported issue exhausted the landlord’s complaints process. Therefore, we have no power to investigate. The landlord confirmed the resident terminated her tenancy and moved out of the property in August 2025. The resident has told us this was due to reoccurring damp and mould issues.
17. The landlord should pay the resident £400 compensation to recognise the distress and inconvenience caused by its delay in carrying out the recommended drainage works. The amount is in addition to the £89.54 the landlord offered during its complaints process. The amount of compensation awarded complies with the Ombudsman’s approach to compensation set out in our remedies guidance published on our website. The remedies guidance suggests awards of £100 to £600 where there has been a failure by the landlord, which adversely affected the resident, but there may be no permanent impact.

18. The landlord’s complaint process has 2 stages. The timeframes in the landlord’s complaints policy are the same as the timescales referenced in the Ombudsman’s Complaint Handling Code (the Code). The Code states a stage 1 response must be sent within 10 working days from the complaint being logged, and a stage 2 response within 20 working days. The landlord’s responses were sent within these timeframes. Its complaint handling was reasonable in the circumstances, and there was no maladministration in this matter.

Learning

Knowledge information management (record keeping)

19. The landlord’s records were detailed enough for us to investigate the landlord’s overall handling of the complaint.

Communication

20. There was very limited communication from the landlord to the resident about when it planned to carry out the recommended works to resolve the damp and mould.