Reading Borough Council (202332425)

REPORT

COMPLAINT 202332425

Reading Borough Council

23 April 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 the resident’s concerns regarding damp and mould in the property.

Background

The resident is a secure tenant of the landlord. The landlord is a local authority. The property is a 3-bedroom house.
The resident contacted the landlord on 18 May 2023 to raise concerns regarding damp and mould in her property. The landlord arranged for an appointment to take place on 6 June 2023 to inspect and assess the damp and mould issues. During the inspection, the landlord highlighted that there was severe mould in the property and raised a list of works which aimed to assist with treating the damp and mould issues.
The landlord also reportedly provided the resident with advice on how to better heat their home and use the trickle vents and windows to prevent further mould buildup. The landlord requested energy vouchers to assist the resident with heating their home. Between 18 May 2023 and 30 August 2023, the landlord raised repairs to take place; however, we have been unable to evidence any works were completed.
The resident reportedly made a stage 1 complaint to the landlord on 30 August 2023 regarding its handling of her damp and mould concerns. We have been provided limited information regarding this initial complaint request.
The landlord provided the resident with a stage 1 complaint response on 22 September 2023. It said it had completed an assessment of the property and made recommendations to eliminate damp and mould in the property. The response provided limited information regarding works completed at this stage. The landlord said it had arranged for another survey of the property to take place on 25 October 2023, and it would further assess the underlying causes for the damp and mould in the property. The landlord said the complaint was partially upheld at this stage. We have been unable to evidence any compensation was awarded at this stage.
The resident was dissatisfied with the landlord’s complaint response and reportedly requested escalation of their complaint on 25 October 2023. Limited evidence has been provided regarding this escalation request.
The landlord issued a stage 2 complaint response on 11 December 2023. It said it had reviewed the resident’s escalation request and the events leading up to the complaint being made. The landlord told the resident it had decided to uphold her complaint. It said significant activity had taken place regarding her concerns, but noted there had been an overall lack of coordination with the involved teams. It offered her £1,100 compensation considering the distress and concern caused to her. It offered the resident a single point of contact while repairs were outstanding. It did not offer any timescales or timeframes in which the works were due to be completed. The landlord confirmed this was its final decision.
The resident referred their complaint to us in January 2024. She said the landlord had not handled their concerns of damp and mould in her property.

Assessment and findings

Scope of investigation

This investigation will assess the events which gave rise to the resident’s complaint on 30 August 2024. It will also consider the landlord’s responses up to and including its final complaint response on 11 December 2023.
The resident has advised the delay in resolving the damp and mould issues has led to a deterioration in the health of the household. While this Service appreciates the resident’s distress and frustration, this Service cannot draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is outside our jurisdiction and is more suited to an insurance claim or a court. The resident has the option to seek legal advice on this matter. Consideration has, however, been given to the general distress and inconvenience that may have been caused to the resident.

Policies and procedures

The landlord’s damp and mould policy states it is responsible for:
1. Ensuring homes are insulated in accordance with Decent Homes Standard to help reduce the likelihood of condensation occurring.
2. Maintaining homes to avoid penetrating and rising damp or for carrying out remedial action if these do occur.
3. Providing diagnosis or repairs to damp and mould issues that are found or reported.
The damp and mould policy outlines how it typically identifies damp and mould cases by:
1. Receiving direct contact from a tenant reporting a damp and mould issue in which a referral to a dedicated damp and mould inspector would be made.
2. A housing officer will visit a property to complete an inspection of properties highlighted as having damp and mould issues. The officer will offer basic advice and in particularly bad instances, a referral will be made to a damp and mould inspector to survey and make recommendations.
3. All staff that visit homes are encouraged to complete concern cards if they witness any tenant living in poor conditions, including damp and mould.
4. Trades people who attend jobs who notice obvious issues with damp and mould are encouraged to make a referral to a damp and mould inspector.
5. Surveyors who are attending properties for numerous other inspections are expected to identify damp and mould issues, advise tenants and where required, arrange works to help resolve the issue. These other inspections include:
  1. Pre-work inspections for other non-related issues.
  2. Design of feasibility surveys.
  3. On-going refurbishments.
  4. Direct requests to inspect.
The landlord’s damp and mould policy for this period does not include any specific timeframes in which it says it will complete works to address damp and mould issues within the property. While the service understands damp and mould issues can be complex and take significant time to resolve issues such as these in some instances, we expect landlords to adhere to beginning works to address and attempt resolve these issues within a reasonable timeframe.

The landlord’s handling of the resident’s concerns regarding damp and mould

When the resident first contacted the landlord in May 2023 regarding the damp and mould issues in her property, its response was appropriate. It arranged for an inspection of the property and investigated the cause of the damp and mould during an appointment on 15 June 2023. It provided the resident with advice regarding setting the heating above 18 degrees to help prevent damp and mould and requested energy vouchers to facilitate this. It also explained to the resident how using the windows and trickle vents could help prevent further damp and mould issues.
Following the initial inspection from the landlord, the evidence provided shows that the landlord internally began requesting works to be completed, which was appropriate. However, we have been unable to evidence that the landlord has acted reasonably as it is unclear if it provided the resident with timeframes or an action plan on what future actions it would be taking to address the damp and mould issues. Based on the information available, works did not take place until a significant amount of time had passed which was not reasonable as it had highlighted internally the damp and mould issues in the property were severe. Between the first inspection, which took place on 16 June 2023, through to 28 November 2023, no works took place to help the resident with the damp and mould issues in her property.
In situations such as these, we would typically expect a high level of communication from the landlord to ensure the resident is aware of any necessary timeframes for works to commence. While we note the mould and damp policy document provided by the landlord does not include timescales for these types of works, we would expect these to be completed within a reasonable timeframe, which will depend on the circumstances. The landlord should have taken ownership of the damp and mould issues by providing the resident with either timeframes in which it expected works to commence, or information as to when and how it would keep the resident informed of any future actions it was due to take. It should also have provided explanations for any delays.
The resident has asthma and there were young children in the property. The landlord should have taken this information into consideration when determining the timeframes for works. Throughout the period in which repeat surveys were being arranged without any follow-on works, the resident and her children were living in a property which the landlord had identified was experiencing severe mould. It is not evident the landlord took this into consideration.
In instances where works are unable to be completed immediately or within a reasonable timeframe, we expect landlords to consider what mitigating interim steps they can take. This could be in the form of completing mould washes or treatment of the source. While the landlord did take correct and reasonable actions by giving correct advice to the resident regarding managing ventilation to mitigate the damp and mould issues, it took 3 months for a mould wash to be requested.
The landlord arranged for a mould wash to take place on 30 August 2024; however, based on the information provided by the landlord, it is unclear as to whether this was completed on this date as it is not reflected in the landlord’s records.
Even if the landlord did complete a mould wash on this date, its action was still not appropriate, as the mould wash was scheduled for 3 months after the initial reports of damp and mould in the property. The landlord has not recorded or provided evidence to justify any reasonings for this delay. As such, this mould wash was not arranged or completed within a reasonable timeframe.
As per the information provided, the only evidence confirming a mould wash was completed was in May 2024, almost 12 months from when it was first made aware of the issues. Additionally, given the severe nature of the damp and mould it highlighted in the property and the vulnerabilities present in the property, the landlord could also have recorded internally whether a decant was required. No such assessment took place, however.
Based on the evidence and the repair history provided, we have been unable to evidence that works commenced within a reasonable timeframe. We have also been unable to evidence that the resident was kept informed and updated regarding future actions on a regular basis. Notably, a survey took place on 25 October 2023; however, the bulk of works outlined during this survey were not completed until May 2024.
It is evident several surveys occurred to address the damp and mould issues; however, where repeat surveys are unsuccessful at providing an action plan to remedy the issue, we would expect the landlord to escalate its response and request a specialist to get involved. It appropriately requested for a damp and mould specialist to complete a survey on 11 December 2023; however, this was 6 months after the initial contact from the resident. It is unclear why a specialist was not involved sooner given the multiple prior surveys resulting in little action or improvement on the situation the resident was experiencing.
The report created by the specialist contractor in December 2023 does not appear to have been followed up on within a reasonable amount of time. The landlord completed a further survey of the property on 24 January 2024. It is unclear why a further survey was completed in addition to the previous surveys completed by the landlord and the specialist, and it did not communicate the reasoning or its intentions to the resident. The landlord should have begun taking action to resolve the damp and mould issues in the property following the specialist survey in December 2023, or it should have otherwise explained why it would not follow the recommendations.
Repair information provided by the landlord indicates a contractor was requested to complete works in March 2024 to address the damp and mould; however, they were unable to get in contact with the resident. It is not evident that the landlord subsequently attempted to contact her via other channels. Given that it knew of the severity of the issues, and it still had a repair responsibility, it was not reasonable that it failed to follow up this initial contact issue.
From the information available, the landlord completed the following works in the property on 1 May 2024:
1. A mould treatment was completed.
2. Air vents in the property were replaced.
3. 3 sections of perished window gasket were repaired.
4. A double radiator was installed in the living room.
The landlord still has not provided a position on the other works which were suggested by the specialist survey completed in December 2023.
We would also expect the landlord to arrange follow up inspections of the property to assess whether the works which have taken place have been effective in resolving the severe damp and mould issues. It is not evident this occurred. On 17 March 2025, the resident has advised that she is still experiencing severe damp and mould issues in the property and reported that there has been a lack of action or response from the landlord since the above works took place.
Within its stage 2 complaint response, the landlord upheld the resident’s complaint and highlighted that there had been a lack of coordination internally which hampered its response. As a result, it awarded her £1,100 in compensation. This was an appropriate response, and a reasonable compensation offer was made to reflect the impact up to that point.
However, given that the damp and mould issues have continued following the stage 2 response, further compensation being awarded is appropriate in respect of the additional distress and inconvenience caused and further delays in resolving the overall issue.
It also outlined that it would be offering a single point of contact for the resident going forward until the issues were resolved. Based on the evidence provided, we have been unable to confirm whether this was accepted by the resident or whether the landlord put this arrangement in place.
Overall, while the landlord took the appropriate steps in the initial stages of the damp and mould concerns, its subsequent actions were neither reasonable nor in accordance with its policies. The landlord should have provided the resident with reasonable timescales for when works were due to commence and adhered to these timescales. It should have considered whether a decant was necessary for the resident on account of it acknowledging there was severe mould in the property and the residency has vulnerabilities with young children present. While damp and mould issues can be complex, there has been a significant lack of action taken by the landlord to resolve the issues outside of arranging repeated surveys of the property. While the landlord acknowledged some of these failings and offered compensation, its offer was not proportionate to the ongoing distress and inconvenience caused.
The above failings amounted to maladministration in the circumstances. To reflect the distress and inconvenience, as well as the time and trouble caused to the resident by both the initial delays and the further delays following the stage 2 response, an order for £1,850 has been made. This replaces the landlord’s offer of £1,100. This amount is in line with this service’s remedies guidance for instances where there has been a failure which has had a significant impact on the resident.
Orders have also been made below for the landlord to contact the resident regarding the ongoing issues and to ensure that the resident has a single point of contact.

Determination

In accordance with Paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of damp and mould.

Orders

The Ombudsman orders the landlord to pay compensation of £1,850 for any distress and inconvenience caused to the resident by its failings relating to damp and mould.
This replaces the landlord’s previous offer of £1,100. The ordered amount (less any amount already paid by the landlord as part of its previous offer) must be paid within 4 weeks of the date of this determination.
Within 4 weeks of this report, the landlord is ordered to:
1. Apologise to the resident in writing for the failings identified in this report.
2. Provide the resident with a single point of contact. This person is to:
  1. Contact the resident to fully understand the current damp and mould situation in the property.
  2. Discuss any mitigating or interim assistance it can offer, such as dehumidifiers of a further mould wash.
  3. Arrange any further inspections required within 28 days of the parties’ contact, or otherwise on a mutually agreed date.
  4. Commit to undertake any recommended actions or otherwise explain why this is not possible.
  5. Commit to arrange follow-up inspections following the completion of any works.