Southwark Council (202441646)

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REPORT

COMPLAINT 202441646

Southwark Council

31 July 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 reoccurring damp and mould in the property.
    2. The associated complaint.

Background

  1. The resident is a secured tenant of the landlord. The property is a 1-bedroom flat on the second floor. The resident has told us and the landlord she has a medical condition, but the landlord has not been provided with documentation of the condition.
  2. The resident reported issues with damp and mould affecting her property on 26 September 2023. The landlord inspected the property on 13 November 2023 and identified mould and repair required related to fans installation. On 16 November 2023, it completed a mould wash and stain block treatment to the affected walls and ceilings in the bathroom, toilet and kitchen(we have not seen evidence to confirm this). The resident reported further issues with damp and mould in May 2024, and the landlord completed repairs to the fans.
  3. The resident made a stage 1 complaint to the landlord on 20 May 2024. She told the landlord the issue had been on-going for multiple years, and she was unhappy with its handling of damp and mould in her property. She said she wanted a permanent solution to the damp and mould which kept on reoccurring and that she was concerned about her and her family’s health. The resident also mentioned she would like to be rehoused on account of the repeat issues with damp and mould.
  4. The landlord provided the resident with a stage 1 complaint response on 20 June 2024. It said it had attended on 20 May 2024 to complete repairs and an inspection of the property which indicated there was no damp or mould. It said that as there was no longer mould present, it would not be recommending or requesting to rehouse her. It said it had handled the damp and mould issues in line with its policy.
  5. On 19 September 2024, the resident escalated her complaint. She said the landlord had visited the previous day and performed some treatment which she remained dissatisfied with. She was unhappy that after multiple visits, the damp and mould issues were not being addressed properly, and the landlord temporarily solved the issue. The resident said she wanted a more permanent solution to stop the damp and mould from reoccurring.
  6. The landlord issued a stage 2 complaint response on 16 January 2025. 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 there was no evidence to indicate the works completed, which consisted of mould washes and installing a ventilation fan in the property, were ineffective. It said the stage 1 decision remained unchanged. It offered the resident £50 compensation for the delay in providing its stage 2 response.
  7. The resident referred her complaint to us and we accepted it for investigation on 6 May 2025. She said some works had taken place in the property, but the damp and mould issues had been on-going for the last 14 years and she wanted a permanent solution.

Assessment and findings

Scope of investigation

  1. The resident advised the damp and mould had led to a deterioration in the health of the household. Whilst this Service appreciates the resident’s distress and frustration, we cannot draw conclusions on the causation of, or liability for, impacts on health and wellbeing. These matters are better suited to consideration by a court or via a personal injury claim to the landlord’s liability insurer. However, consideration has been given to the general distress and inconvenience that the landlord’s handling of the matter may have caused to the resident.
  2. The resident  advised there had been on-going damp and mould issues in the property for the last 14 years. This Service can only investigate the actions and decisions relating to the matters raised and leading to the most recent complaint. This is because in accordance with paragraph 42.c. of the Housing Ombudsman Scheme, residents are expected to raise complaints with their landlords normally within 12 months of the matters arising. This is so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred. Historical reports of damp and mould dating back as far as June 2016 are acknowledged for context, but the investigation will focus on the landlord’s actions from the time when the most recent complaint was logged.

The landlord’s handling of reports of damp and mould in the property

  1. The resident reported issues with damp and mould in her property on multiple occasions throughout 2016, 2021 and 2022. While these instances are outside the scope of this investigation, it is important to note there have been repeat occurrences of damp and mould in the property which have affected the same areas as the ones investigated in the landlord’s stage 1 and stage 2 complaint responses following the resident’s most recent complaint.
  2. The resident contacted the landlord on 26 September 2023 to raise concerns regarding damp and mould affecting multiple areas in her property. The landlord arranged for a mould inspection to take place on 13 November 2023. This appointment was arranged for 34 working days from when it was first made aware of the issue. Per its repairs guide timeframes, it states it will attend non urgent repairs within 20 working days.
  3. In this instance, the landlord’s initial response was not appropriate as it did not attend within its repair guide timeframes. This had a negative impact overall on the resident and in instances of damp and mould, we would expect a high level of service from the landlord in order to best identify the cause of damp and mould as quickly as possible.
  4. During the appointment on 13 November 2023, the landlord’s repair logs indicate there was mould present in the bathroom and toilet and a fan was due to be installed in the bathroom to help alleviate the mould forming. It was also noted a fan was required in the kitchen, however from the repair logs on this date, it does not indicate whether mould or damp was present in the kitchen.  The landlord confirmed an appointment with the resident for the installation works to commence on 22 November 2023. This was an appropriate response from the landlord in arranging the follow-on works within a quick timeframe and showed it wanted to help address the mould issues for the resident as quickly as possible.
  5. In regard to the above, there is conflicting information as to whether a mould wash was completed during the appointment on 13 November 2023. From the repair logs provided, the associated work order on this date does not mention a mould wash took place.
  6. In later communications the landlord had internally, there is reference to a mould wash that took place on 16 November 2023. From the repair logs provided, there is no reference to a mould wash taking place on this date and we have not been provided with evidence to show the landlord performed a mould wash on 16 November 2023. The Service would expect the landlord to adequately document any works that commenced during each appointment and reflect this in its repair logs and internal communication.
  7. The resident contacted the landlord on 22 November and cancelled the appointment on this date to install the fans due to her being unwell and she said she would contact it further to rearrange this appointment. This was outside the control of the landlord and as such, it is not at fault for not completing the installation of the fan works within its stated 20 working day timeframe for these types of works.
  8. Between 22 November 2023 and 7 May 2024, the evidence provided indicates there was little to no contact between the resident or the landlord during this period. However, an appointment was raised to install the fans in the property and complete a further mould inspection on 7 May 2024. While what prompted this appointment, the resident cancelled it. The landlord contacted the resident on this date and the appointment was rescheduled to take place on 20 May 2024. As the cancellation was made by the resident, it is not reasonable to say the landlord did not act appropriately or reasonably in terms of the delays in completing these works.
  9. However, we have not seen evidence of the landlord monitoring those works or any explanation why the repairs to the fans were delayed between November 2023 and May 2024. This was unreasonable and given the history of repeated mould growth the landlord should have been more proactive in arranging the repair at an earlier stage. Furthermore, the resident reported that those repairs had improved the situation although not entirely resolving it.
  10. The records provided show the landlord successfully attended the property on 20 May 2024 and it completed a mould wash in the bathroom and toilet, as well as it stain-blocked both ceilings. It also installed the ventilation fans in the bathroom and kitchen areas. This contradicts the landlord’s position in its stage 1 complaint response, where it stated its damp and mould team had attended the property and it had showed no mould or damp conditions. It is unclear why there was a significant discrepancy in its communication with the resident and its own internal records, however the Service would expect the landlord to better investigate this internally as this resulted in a confusing situation for the resident.
  11. Following the above, further mould washes took place in the property over the course of June, September and October 2024. Throughout the history of the time the resident brought the damp and mould concerns to it, the landlord could not provided any evidence to suggest it had completed an in-depth damp and mould inspection of the property or requested the assistance of licensed professionals to complete an in-depth damp and mould survey other than its own damp and mould responsive repairs team. This is a failure on behalf of the landlord as from the evidence provided, it was clear the damp and mould was a reoccurring issue in this property, and it did not take adequate steps to ensure a full and comprehensive investigation of the root cause of the issue.
  12. It is positive it reattended on multiple occasions to complete mould washes and it installed fans in the property to alleviate the effect of damp and mould. However, in situations of damp and mould where these issues can have a negative impact on the resident’s living and based on the repeat instances of recurrence, it would have been reasonable to take a more proactive approach in investigating the root cause as recommended in our Spotlight Report on Damp and Mould for such circumstances.
  13. The Service notes that internal communications suggest the landlord believed the cause of the issue to be a result of the resident’s lifestyle. In this instance, the landlord has not provided a specialist report to suggest it and as such, it was not reasonable or appropriate to suggest the issues were a result of the resident’s lifestyle.
  14. The landlord has not provided the Service with a damp and mould policy and the specific actions it outlines it would take in these instances. However, under the Housing Act 2004, as well as the Housing Health and Safety Rating System, it has a responsibility to assess hazards and risk within its rented properties. As damp and mould growth are potential hazards, it is required to consider whether these repeat instances of damp and mould in this resident’s property amount to a hazard and require remedying. However, apart from mitigating the risk by performing mould washed, the landlord could not demonstrate that it had taken appropriate steps to investigate the recurrence and permanently resolve the issue.
  15. Due to the above, the Service has made a finding of maladministration on behalf of the landlord and orders it to conduct an independent comprehensive specialist survey of the property to fully investigate the likely cause of the damp and mould in the property.
  16. In addition, the Service orders the landlord to pay the resident £300 compensation in respect of the time the resident and her family have endured the damp and mould conditions in the property, the delays in the ventilation repairs and the multiple appointments the mould washes involved. This also takes into account any distress and inconvenience caused to the resident as a result of the landlord not taking action to complete an in-depth damp and mould report to identify the root cause of the issue.

The associated complaint

  1. The landlord’s complaints policy states it has 2 stages of the complaint process. It will acknowledge complaints within 3 working days of being received. It will investigate stage 1 complaints within 15 working days, and stage 2 within 25 working days. This is not in line with the Housing Ombudsman’s Complaint Handling Code (the Code) as it states landlords must issue a full response to stage 1 complaints within 10 working days of the complaint being acknowledged and respond within 20 working days at stage 2.
  2. The resident contacted the landlord on 20 May 2024 and requested a stage 1 complaint was raised. The landlord acknowledged the complaint on 18 June 2024. This was 20 working days from when the resident first initially requested her complaint be raised. This was not reasonable from the landlord, and its acknowledgement significantly exceeded its policy timeframes.
  3. The landlord provided the resident with a stage 1 complaint response letter on 20 June 2024. This was 2 working days from when the complaint was acknowledged by the landlord on 18 June 2024 and responded to within its 15 working day timeframe outlined in its complaints policy. While this was in line with its policy, this was outside the prescription of the statutory Code which came into effect on 1 April 2024. Our Duty to Monitor team is dealing with policy compliance via annual self-assessment and as such we will make no further recommendations in this report.
  4. The resident requested her complaint to be escalated on 19 September 2024. The landlord acknowledged her stage 2 request on 20 September 2024. This was in-line with its complaints policy timeframes. The landlord provided the resident with a stage 2 complaint response on 16 January 2025. It did not handle her stage 2 complaint appropriately as this was 81 working days from when the landlord acknowledged her escalated complaint, and as such 61 days outside the timeframes of the Code.
  5. While the landlord has offered the resident £50 compensation in its stage 2 complaint response in respect of its delays at stage 2, this was not proportionate for the failures identified in this report. The Service orders the landlord to pay the resident additional £50 compensation. This amount takes into consideration the time and trouble its failures caused to the resident.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of reports of damp and mould in the property.
  2. In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the associated complaint.

Orders

Orders

  1. The landlord is ordered to within 4 weeks from the date of this report to:
    1. Apologise to the resident for the failures identified in this report.
    2. Conduct a comprehensive damp and mould specialist survey of the property. The landlord should provide the Service and the resident with a copy of the survey and a plan of any recommended works.
    3. Pay the resident a total of £400 (including £50 offered prior to this investigation if not paid already) comprising of:
      1. £300 compensation for time the resident and her family have endured the damp and mould conditions in the property. This also takes into account any distress and inconvenience caused to the resident as a result of the landlord not taking action to complete an in-depth damp and mould report to identify the root cause of the issue.
      2. £100 compensation in recognition of the time and trouble caused by its complaint handling failures.
    4. Provide evidence of compliance with the above orders.