Plus Dane Housing Limited (202336244)

REPORT

COMPLAINT 202336244

Plus Dane Housing Limited

4 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 handling of damp and mould.
We have also assessed the landlord’s complaint handling.

Background

The resident is an assured tenant and she lives in a 2 bedroom bungalow. The landlord is a housing association. It knows the resident has multiple health conditions.
In February 2023, the landlord finished repairs following previous reports of damp and mould the resident made from December 2022. The work included treating mould around windows and repairing the damp proof course and external brickwork.
On 17 April 2023, the resident reported mould had returned in the same places as before. The landlord arranged for its surveyor and contractor to inspect, treated the mould and repaired drainage and brickwork.
The resident complained on 5 July 2023. She said the mould had returned in April 2023 due to the landlord’s “negligence”. She asked the landlord to compensate her for damaged decorations and a bed.
The landlord gave its stage 1 response on 8 August 2023. It said it had done all the repairs recommended by its contractor in January 2023 and done further repairs since her report of the mould’s return. It offered £100 compensation because some of the repairs had not been done within its repair policy timescales. It said it was not responsible for damage to the bed because it occurred before she reported the damp and mould.
The resident escalated her complaint on 19 September 2023 because she felt the stage 1 response was inaccurate. She wanted the landlord to investigate further and pay the compensation she had asked for as well as reimbursing her for another bed.
The landlord gave its stage 2 response on 27 October 2023. It agreed it had not dealt with the repairs as it should have. It offered £429 compensation which included £179 for her decorations and a mattress she had bought in April 2023. It repeated its position regarding the bed that had been damaged by mould in December 2022.
The resident brought her complaint to the Ombudsman because she remained dissatisfied with the landlord’s compensation offer. She wants the landlord to compensate her for having to redecorate twice and buying beds including replacing the bed she found was mouldy in December 2022.

Assessment and findings

Scope of investigation

We have not assessed the landlord’s handling of the damp and mould before April 2023. This is because paragraph 42.a. of the Scheme says:

“The Ombudsman may not consider complaints which, in the Ombudsman’s opinion: a. are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied the member has not taken action within a reasonable timescale”.

The resident had complained about the landlord’s handling of the damp and mould on 20 December 2022. The landlord gave a stage 1 response on 23 January 2023. The resident confirmed to us that she did not escalate this complaint because she thought the damp and mould was resolved by the repairs completed by February 2023.
As such, her complaint of 20 December 2022 did not complete the landlord’s complaint process and, in line with paragraph 42.a. of the Scheme, we cannot consider it. We will only refer to events before April 2023 in this report where it is necessary for context.

Damp and mould

On 17 April 2023, the resident reported damp and mould had returned in the same places as in December 2022. This was mostly around the windows in her bedroom, kitchen and bathroom. She told the landlord she had decided not to use her bedroom until the mould was removed.
The landlord inspected promptly the next day. Its inspection report confirms it found small amounts of mould around the windows, on a wall in the bedroom and on pipes in the bathroom. It was reasonable the landlord asked its contractor to return because it had recently completed repairs to resolve mould in the same areas.
The contractor also inspected quickly on 24 April 2023. Its inspection report shows it recommended treating the mould again, sealing around the windows externally and checking the gutters. The landlord raised an order for the mould treatment and had already raised orders for drainage work, pointing and sealing the windows by then.
The resident chased the landlord for updates between 5 and 11 May 2023. She called again on 15 May 2025 and spoke with the landlord’s surveyor. She asked if the landlord was going to fit a new extractor fan. The surveyor updated on the outstanding work and confirmed they did not intend to fit a fan. This was a reasonable position for the landlord to take as neither of the inspection reports in April 2023 had recommended a new fan.
The landlord completed the drainage work on 18 May 2023. On 22 May 2023, its contractor attended to treat the mould but decided to delay the work until the landlord had sealed the windows. The resident called the landlord saying she was unhappy the mould treatment had been delayed.
The landlord’s surveyor offered to visit again. The resident said this was not necessary as she had now received an appointment for the window sealing. This meant she could book an appointment with the contractor to treat the mould.
The landlord’s operative attended on 30 May 2023 to reseal the windows. The resident told us she had been unhappy with their plan to put new sealant on top of the existing sealant and had asked the landlord to intervene. It was reasonable the landlord listened to the resident’s concerns and raised a new order giving more time to remove the existing sealant before replacing it. However, this meant the resident had to wait for another appointment which also delayed the mould treatment.
The landlord completed the pointing on 6 June 2023 and sealed the windows on 8 June 2023. It is not clear when the mould was treated from the evidence seen. During the complaints process, the resident told the landlord the damp and mould was resolved.
In her complaint of 5 July 2023, the resident said the landlord was responsible for damp and mould returning in April 2023. She explained this was because it had not done all the repairs recommended by its contractor in January 2023.
The landlord’s stage 1 response of 8 August 2023 said its contractor had not recommended sealing the windows externally until its inspection of 24 April 2023. But it accepted it had not completed the window sealing and pointing within its repair policy timescales and offered compensation for this.
In its stage 2 response, the landlord apologised for inaccuracies in its stage 1 response. It agreed its contractor had recommended sealing the windows in January 2023 and said it should have done the work at the time. It accepted that not doing so meant the mould returned and increased its compensation offer for the inconvenience caused by its service failures to £250.
The stage 2 response shows the landlord had investigated further as the resident asked and considered the impact of its failings. The compensation offered for service failure was in line with its compensation guidance.
The resident asked the landlord to compensate her for a bed she found had gone mouldy in December 2022, a single bed she bought while waiting for repairs and for having to redecorate her bedroom.
The resident’s tenancy agreement confirms she is responsible for insuring her belongings. The landlord’s Compensation Framework says it may compensate for “financial losses” resulting from service failures. As such, it was reasonable the landlord considered the request for compensation through its complaint process.
Internal emails seen show the landlord considered its service failings and how they contributed to the resident’s losses. It concluded it was not responsible for her bed going mouldy. But it felt its service failures had contributed to the resident buying new items and redecorating. In our view, the landlord considered the compensation request fairly.
In its stage 2 response of 27 October 2023, the landlord agreed to give £129 compensation which was the full cost of a mattress the resident bought in April 2023. It also offered £50 compensation for damaged wallpaper and it would have been helpful if the landlord had explained how it had arrived at that sum.
In both its complaint responses, the landlord said it would not give compensation for the mouldy bed. It explained the damage occurred before it had known a repair was needed and this meant it was not responsible for the bed going mouldy. This may have been a reasonable position for the landlord to take but it could have also reminded the resident of her option to claim from her contents insurance.
Overall, the landlord investigated its handling of the damp and mould and considered the resident’s compensation request fairly. Through its complaint process, it apologised for its service failings and offered compensation in line with its guidance. In our view, its actions resolved the complaint satisfactorily. As such, there was reasonable redress in its handling of the damp and mould.

Complaint handling

The Ombudsman’s Complaint Handling Code (the Code) sets out when and how a landlord should respond to complaints. The relevant Code in this case is the 2022 edition.
The resident complained on 5 July 2023 and the landlord acknowledged it on 11 July 2023. As such the landlord acknowledged the complaint within 5 working days as required by the Code.
The Code required the landlord to give a stage 1 response within 10 working days of acknowledging the complaint. It allowed the landlord to provide an explanation if it needed to extend the response timescale.
The landlord emailed the resident on 25 July 2023 asking for photographs of her damaged belongings and extending the response timescale to 8 August 2023. It was reasonable the landlord wanted further information to consider the resident’s compensation request.
It gave its stage 1 response on 8 August 2023 which was within the extended timescale it had given. As such, the landlord gave a stage 1 response in line with the requirements of the Code.
The resident escalated her complaint on 19 September 2023 and the landlord acknowledged it the same day. The Code required the landlord to give a stage 2 response within 20 working days.
The landlord spoke with the resident on 12 October 2023 and asked her to provide receipts for her damaged belongings. It called her again on 20 October 2023 and asked her agreement to extend the response timescale to 27 October 2023.
It is not ideal for landlords to extend response timescales at both stages. But we understand the cause of the extension at stage 2 was not in the landlord’s control. Further there is no evidence the resident was disadvantaged by the delay because the repairs had been done resolving the damp and mould. The landlord had kept her updated on when to expect its response.
The landlord gave its stage 2 response on 27 October 2023 which was within the extended timescale it had given.
There was no maladministration in the landlord’s complaint handling.

Determination

In accordance with paragraph 53.b. of the Scheme, there was reasonable redress in the landlord’s handling of the damp and mould which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.
In accordance with paragraph 52 of the Scheme, there was no maladministration in the landlord’s complaint handling.

Orders and recommendations

Recommendation

The Ombudsman recommends the landlord pay the £429 compensation offered in its stage 2 response of 27 October 2023 if it has not already done so. The compensation offer is the reason for our finding of reasonable redress in its handling of the damp and mould.