Onward Homes Limited (202319139)

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REPORT

COMPLAINT 202319139

Onward Homes Limited

13 August 2025

Amended 19 November 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

  1. The complaint is about the landlord’s handling of:
    1. The resident’s reports of damp and mould, and the associated repairs.
    2. The associated complaint.

Background

  1. The resident is an assured tenant. The property is a 2 bedroom ground floor flat. He has lived at the property since October 2021. He has physical and mental health vulnerabilities that the landlord was aware of. The landlord reports that the property is within a conservation area, requiring it to retain the appearance of the existing roof.
  2. The resident reported damp and mould from November 2021 onwards. The landlord found issues with water penetration into the kitchen, living room, and bedrooms in 2022. It added the roof to its planned maintenance programme for replacement in March 2022. The resident sought advice from a solicitor and began a disrepair claim against the landlord on 26 September 2022.
  3. The parties conducted a joint survey on 18 October 2022. The survey identified repairs to the bedrooms, living room, kitchen, garden, and outbuilding. The landlord replaced the roof in November 2022. It completed associated repairs for damp and mould between November 2022 and April 2023. On 17 March 2023 the landlord offered the resident £500 as a decorating voucher towards redecoration when it was unable to complete the works itself.
  4. The resident made a new report of damp and mould on 4 January 2024. The landlord’s contractor complete repairs on 18 March 2024.
  5. The resident complained to the landlord on 5 July 2024. A medical practitioner supporting the resident also wrote to the landlord on his behalf on the same day. The complaints related to time taken to resolve issues causing damp and mould, and the impact on the resident’s health.
  6. The landlord acknowledged the resident’s complaint on 16 July 2024. It issued its stage 1 response on 30 July 2024. It said:
    1. It was aware of his vulnerabilities.
    2. It found no evidence of damp during an inspection on 22 July 2024. However, it recorded high humidity levels which it attributed to his living arrangements.
    3. The resident had removed fuses from the extractor fans, which would contribute to the damp and mould. It explained why it was necessary for these to always remain on.
    4. It planned to return 6-8 weeks later to reassess the property.
  7. The resident sought to escalate his complaint on 4 August 2024. He said that he had tried many times to speak to the manager and the property was still damp. He wanted the landlord to inspect the roof.
  8. The landlord inspected the property in August and November 2024.
  9. The resident sought to escalate his complaint to the Ombudsman in November 2024. We wrote to the landlord on 6 November 2024, asking it to respond to the resident’s complaint by 27 November 2024.
  10. The landlord acknowledged the resident’s stage 2 request on 3 December 2024. It issued its stage 2 response on 24 December 2024. It said that it inspected the property again on 17 December 2024 and found no evidence of damp. It added that there were some outstanding repairs to the downspout and waste at the rear of the property that it planned to repair on 8 January 2025. It gave the resident some advice to improve ventilation and heating. It offered the resident £50 compensation for the delay in responding at stage 2.
  11. The resident remained unhappy with the landlord’s response and escalated his complaint to the Ombudsman in May 2025. He said there was still damp and mould present in the property.

Assessment and findings

Scope of investigation

  1. The resident has reported issues with damp and mould to the landlord since 2021. The historical issues provide contextual background to the current complaint, but our assessment is focused on the landlord’s actions in responding to the more recent events. In view of the time periods involved in this case, considering the availability and reliability of evidence, this investigation is focused on events from July 2023 onwards. This has allowed for matters to be included that were raised 12 months prior to the resident’s formal complaint in July 2024.
  2. During the complaint journey, the resident told the landlord that the damp and mould impacted his health. Whilst this Service is an alternative to the courts, we are unable to establish legal liability or whether a landlord’s actions, or lack of action, had a detrimental impact on a resident’s health. Nor can we calculate or award damages. The Ombudsman is therefore unable to consider the personal injury aspects of the resident’s complaint. These matters are likely better suited to consideration by a court or via a personal injury claim.

Policy and procedures

  1. The landlord’s website describes how its repair service will respond to reports:
    1. For repairs that it can resolve in 1 visit, it will complete the work within 20 days. For bigger or more complicated repairs, it will complete these within 90 days and keep in touch with the resident until it has completed the work.
    2. Where there are problems with damp and mould, it will assess the possible cause and decide on the most appropriate solution. Where there are vulnerabilities, it will conduct the initial visit within 5 working days. For complex damp and mould issues, it will instruct its surveyor to identify the cause and schedule the associated works. It will contact the resident 6 weeks after it has completed the repairs to ensure it has resolved the problem.
  2. The landlord’s complaint handling policy describes how it will respond to complaints. It says that it will acknowledge complaints within 5 working days, respond at stage 1 within 10 working days, and at stage 2 within 20 working days.

Damp and mould

  1. Sections 11 and 9A of the Landlord and Tenant Act 1985 require the landlord to keep the structure and exterior of the resident’s property in repair. It must ensure that the property remains fit for human habitation throughout the tenancy. The landlord must look at the condition of its properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). HHSRS does not set out any minimum standards, but it is concerned with avoiding, or minimising potential hazards.
  2. Damp and mould are potential category 1 hazards that fall within the scope of HHSRS. The landlord should be aware of its obligations under HHSRS. Where it has identified potential hazards, it should conduct additional monitoring of the property. In this case, the resident has vulnerabilities that particularly impact his breathing. The damp and mould was reported throughout the property, presenting an increased risk of harm to the resident.
  3. In July 2023 the resident’s surveyor reported that the repairs conducted by the landlord in 2023 had not been resolved satisfactorily. The landlord responded appropriately and evidenced the earlier repairs that were done. It demonstrated that it had acted on the previous survey reports and sought to resolve any repairs associated with damp and mould.
  4. The resident sought help from medical professionals in August and September 2023. They highlighted the resident’s vulnerabilities and the impact damp and mould could have on his health. The landlord should have acknowledged these reports and addressed how it was mitigating the potential impact the repairs had on the resident’s health. It did not and this was a failing.
  5. The records available to the Ombudsman are unclear on how the landlord responded to the resident’s report of damp and mould on 4 January 2024. In accordance with its policy, it should have assessed the possible cause and agreed suitable action with the resident within 5 working days. Instead, it installed new trickle vents on 18 March and mould washed the ceiling on 20 March 2024. This was around 3 months later and does appear to be in response to the resident’s report in January 2024. It also and did not reflect the additional risks that damp and mould pose to the resident. This delay was unreasonable.
  6. In response to the resident’s complaint on 5 July 2024, the landlord inspected the property again on 22 July 2024. The Ombudsman has not seen a copy of the inspection report so we have been unable to decide if damp and mould was still present.
  7. The landlord appropriately addressed the outcome of its July 2024 inspection in its stage 1 response. It was fair to set out how it would rely on the advice and guidance provided to it by its specialist contractors when deciding if damp and mould were present. It was reasonable and relevant to address concerns that the resident had removed fuses from extractor fans. It also showed compliance with its own policies by offering to re-inspect 6-8 weeks later.
  8. However, the landlord missed the opportunity to fully reflect on the statements the resident provided from medical professionals. It did not address the failure to respond to these supporting letters sooner. It did not address the delay in completing repairs between January and March 2024. It was not fair and did not put things right in the circumstances.
  9. In his request to escalate his complaint on 4 August 2024, the resident again sought to speak with the landlord. He also reported that the property was still damp and raised concerns about the roof. The landlord appropriately inspected the property on 7 August 2024. However, its records show it ended the visit because the resident began recording the conversation.
  10. The landlord noted that the resident refused to sign the work off as complete until it finished repairs to the roof and gutter. It would have been reasonable for the landlord to follow up the visit by writing to the resident, setting out its expectations during its visits. Given it was aware of the resident’s vulnerabilities and the history of damp and mould at the property, it should have pro-actively detailed any remaining repairs. It did not do so and this was a failing which caused the resident additional time and trouble pursuing his complaints.
  11. The landlord’s records from 1 November 2024 show that there were indeed outstanding repairs to the roof and gutter. This included a dripping gutter joint and damaged slates. It is reasonable to determine that the resident was correct to highlight these issues to the landlord in August 2024. The landlord had not returned to complete the repairs between August and November 2024. This was a delay of around 3 months and was a failure by the landlord to comply with its own policies and procedures.
  12. In its stage 2 response on 24 December 2024, the landlord did not consider the delay in completing those repairs. It did not address the issues raised during the visit in August 2024. Instead, it referred to its inspection on 17 December 2024, which found no evidence of damp and mould in the property. Again, there was no record of this inspection available to the Ombudsman. The landlord did not recognise its failures and did not put things right in the circumstances.
  13. The landlord did use its stage 2 response to appropriately provide dates that it would return and complete the downspout and waste repairs. It was fair to describe actions the resident could take to reduce the build up of condensation in the property. It was reasonable to share the findings of its inspector that the damaged roof tiles were not causing water ingress.
  14. The Ombudsman has found that the landlord’s record keeping contributed to some of the delays identified in its handling of damp and mould. The landlord should have systems in place to maintain accurate records of inspections and investigations. Good record keeping is essential to evidence the action the landlord has taken which then aids in its service delivery, enabling it to respond professionally when something goes wrong. In this case, improved records would have ensured that there were clear reasons for its decision making which it could then have shared with the resident.
  15. Given the history of significant repairs at the property over an extended period, the landlord should have been proactive in its communication with the resident. It should have agreed timely updates and a clear plan on how it would address the remaining repairs. It did not and this is reflected in the time taken by the resident seeking updates and making complaints to the landlord.
  16. The Ombudsman finds maladministration by the landlord in its handling of reports of damp and mould, and the associated repairs. The landlord completed major repairs during 2022-23. However, when the resident renewed his reports of damp and mould from mid-2023, there were instances where the landlord did not comply with the timescales set out in its policy and procedures. It did not always communicate effectively with the resident.
  17. The landlord’s poor record-keeping meant that it was not clear how it determined that there was no damp and mould in the property during 2024 despite the historic problems and the resident’s ongoing reports. It did not keep clear and accurate records of each of its inspections that it was able to share with the Ombudsman. It did not fully address the potential impact the damp and mould had on the resident or respond to the statements shared by medical professionals. The resident reports that damp and mould are still present in the property.
  18. The landlord should pay the resident £600 compensation for the distress and inconvenience caused to him as a result of its delays and poor communication. This reflects the Ombudsman’s remedies guidance for a maladministration finding where the landlord has failed to acknowledge its failings or offered to put things right. This amount is proportionate given the adverse impact of its failings on the resident.

The associated complaint

  1. The landlord’s policy states that it will record an expression of dissatisfaction about the standard of service, actions, or lack of action as a complaint. It is important for the landlord to ensure that it maintains its complaint handling commitments, and that it complies with the timeframes set out in its policy. Its response to the resident’s complaints were each issued outside those timeframes.
  2. The resident provided text message records from 5 July 2024 that clearly demonstrate his dissatisfaction with the service provided by the landlord. In response, the landlord said “the only channel of communication we will follow is via phone, all other methods of contact will now be closed down”. There was no record available to the Ombudsman that shows the landlord had established any restricted contact plan with the resident. The landlord’s response was heavy-handed and was not resolution focused and this was a failing.
  3. The landlord acknowledged the resident’s complaint on 16 July 2024. This was 7 working days later. It issued its stage 1 response on 30 July 2024, which was 10 working days after it acknowledged his complaint. There was therefore a minor delay on the part of the landlord.
  4. The resident sought to escalate his complaint on 4 August 2024. The landlord did not acknowledge his request, which caused the resident additional time and trouble seeking help from the Ombudsman in November 2024. When we wrote to the landlord on 6 November 2024, we asked that it to issue its complaint response by 27 November 2024. The landlord took around 19 working days to acknowledge this request, which it did on 3 December 2024. It then issued its stage 2 response around 15 working days later, on 17 December 2024. This was more than 4 months after the resident’s escalation request.
  5. The Ombudsman finds maladministration by the landlord in its handling of the associated complaint. In its stage 2 response, the landlord appropriately apologised for failing to respond to the resident’s complaint sooner. However, it did not fully consider its complaint handling failures. It did not show that it recognised the resident’s additional time and trouble, or its failure to respond to his complaints in August 2024. Its offer of £50 compensation did not resolve his complaint satisfactorily in the circumstances. The landlord should pay the resident an additional £100 for its complaint handling failures. This reflects the resident’s time and trouble across several months and the landlord’s failure to acknowledge the delays or put things right.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
    1. Maladministration in the landlord’s handling of the resident’s reports of damp and mould, and the associated repairs.
    2. Maladministration in the landlord’s handling of the associated complaint.

Orders

  1. Within 4 weeks of the date of this report, the landlord must:
    1. Write to the resident and apologise for the failures identified in this report.
    2. Pay the resident £750 compensation. This is calculated as:
      1. £600 for the distress and inconvenience caused by its handling of damp and mould, and the associated repairs.
      2. £150 for the time and trouble caused by its handling of the associated complaint. It may deduct the £50 offered in its stage 2 response if that has already been paid.
    3. Conduct an inspection of the property for damp and mould. It should provide the resident and Ombudsman with a copy of the inspection report. It should send the resident an action plan to resolve any repairs identified within 4 weeks of the inspection.
  2. Provide evidence of compliance with the above to the Ombudsman.

Recommendations

  1. If it has not already done so, the landlord should pay the resident the £500 offered on 14 March 2023 for the resident’s redecoration.