The Guinness Partnership Limited (202407989)

REPORT

COMPLAINT 202407989

The Guinness Partnership Limited

15 August 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:
1. The resident’s reports of damp and mould.
2. Repairs of a faulty boiler.

Background

The resident had an assured tenancy with the landlord, which began on 1 August 2019. The landlord is a housing association, which leased the property from a private owner (‘the owner’). The resident lived in a 3-bedroom, ground floor maisonette, which she has since left. The resident lived with a child who had asthma, which the landlord was aware of.
The landlord was responsible for all repairs within the property. Under exceptional circumstances, it could raise emergency repairs without the owner’s approval. However, the owner had to approve all other work for either the landlord or a third party to complete.
The resident reported damp and mould on 5 October 2023. The landlord inspected the property on 26 October 2023 and forwarded its report to the owner on 9 November 2023. The landlord attended to apply a mould wash and anti-mould paint on 4 December 2023.
On 22 December 2023, the resident reported that she had no hot water and that the heating was not working properly. The landlord repaired the boiler on 27 December 2023.
On 24 January 2024, the resident’s MP contacted the landlord about the impact of damp and mould in the property. On 25 January 2024, the resident told the landlord that her son had asthma.
On 8 February 2024, the resident reported that the water was not as hot as usual and that only the bathroom radiator was working properly. The landlord attended on 12 February 2024. It restored the heating but noted that the resident had no hot water. It reported it needed to replace the plate heat exchanger in the boiler and clean the heating system, with rust damage visible on the boiler and radiator air vents.
The landlord completed a further damp and mould inspection on 9 February 2024, in which it identified issues throughout the property. On 14 February 2024, it provided the resident with a dehumidifier to dry out a wet patch on a bedroom wall. It then completed a damp and mould wash on 27 February 2024.
On 20 and 22 March 2024, the resident reported that she had no hot water. On 28 March 2024, the landlord asked the owner about replacing the plate heat exchanger. It also visited the property on 28 March 2024 but could not gain access. The landlord returned to repair the boiler on 7 April 2024, but the resident declined this as she was not happy with the corrosion and wanted a new boiler. The landlord showed the resident how to top up the boiler pressure, leaving her with heating and hot water.
On 9 April 2024, the resident made a formal complaint to the landlord about damp and mould and that she had no hot water; the key points were as follows:
1. She had been living with damp and mould since moving into the property, which had ruined furniture and clothes. The mould was also impacting her son, who had asthma. The landlord painted over where the mould had been, but the problem returned within days.
2. She had been without hot water for over a month, and the boiler needed replacing.
3. The property was not suitable to live in.
The landlord acknowledged the complaint on 10 April 2024 and issued a stage 1 complaint response on 23 April 2024; the key points were as follows:
1. It inspected the property for damp and mould on 9 February 2024, following which it:
  1. Provided a dehumidifier from 14 February 2024 to 6 March 2024.
  2. Completed a damp and mould wash on 27 February 2024.
  3. Pointed external brickwork for the main bedroom and sealed gaps in the rear bedroom’s external wall on 10 April 2024.
2. An external surveyor would inspect the property. It would act in accordance with the surveyor’s advice regarding damp and mould and whether it should decant the resident to alternative accommodation.
3. It apologised that the resident had been without hot water for over a month. It had completed an emergency repair to restore hot water on 12 April 2024, with the visit report recommending a boiler upgrade. It was waiting for a quote that the owner needed to approve before it could replace the boiler.
4. It offered a goodwill gesture of £250 for the resident having little to no hot water and heating since she reported this on 8 February 2024.
The resident asked to escalate the complaint to stage 2 on 25 April 2024 and whether she could arrange her own surveyor to look at the damp and mould.
The landlord acknowledged the escalation request on 30 April 2024 and issued a stage 2 response on 23 May 2024; the key points were as follows:
1. An external surveyor completed an independent inspection on 24 April 2024 and provided its findings on 29 April 2024, which it had sent to the owner. It had pursued a response from the owner the previous week and would follow this up.
2. The resident could arrange an independent survey at her own cost.
3. Some of the surveyor’s recommendations needed the owner’s consent before it could act. The resident could undertake other recommendations to help reduce condensation and mould growth, such as not drying clothes on radiators and moving personal belongings away from walls and radiators.
4. The owner had given consent to replace the heating system. A contractor would contact the resident to arrange this.
5. It had sent the resident a Section 21 notice, which meant she needed to move out of the property. It was engaging with the council to find alternative accommodation but there was a shortage of 3-bedroom properties, so it was unable to advise how long this may take.
6. It would continue to liaise with the owner about work required and ensure the contractor installed the heating system at the earliest convenient time.
7. The resident could contact this Service if she remained unhappy.
The resident referred her complaint to us on 29 May 2024. The complaint became one that we could consider on 1 May 2025.

Events post Internal Complaints Process

The resident’s tenancy ended on 19 June 2025.

Assessment and findings

Scope of investigation

In her written complaint dated 9 April 2024, the resident said the issue of damp and mould went back to when she moved into the property in 2019. The Ombudsman encourages residents to raise complaints with their landlords in a timely manner. As issues become historical, it is increasingly difficult for either the landlord or an independent body to conduct an effective investigation of the actions taken to address the reported issues. Therefore, taking into account the availability and reliability of evidence, this assessment will focus on the landlord’s handling of events from 5 October 2023, which is when the resident most recently raised issues that led to her complaint. This investigation considers matters up to the landlord’s stage 2 response dated 23 May 2024 .
In her complaint to the landlord, the resident explained that damp and mould had affected her mental health and her son’s physical health. While we do not dispute this, personal injury claims are more appropriate for a court because they can obtain independent medical evidence. The resident has the choice to seek legal advice regarding this if she wishes.

Policies and procedures

The landlord’s damp and mould policy says it will attend the property to determine the cause of damp and mould. It will complete any repairs in line with its responsive repairs policy. Where damp is due to condensation, it will work with residents to prevent damp and mould, which might include advice about increased ventilation or heating. For a particularly severe issue, it will complete a comprehensive risk assessment, which might result in actions including providing and funding dehumidifiers or applying mould resistant coverings. For more complex cases, especially where more intrusive building work is required and/or there is a serious health risk, it will consider moving the household to alternative accommodation.
The Gas Safety (Installation and Use) Regulations 1998 set out the legal requirements for the safe installation, maintenance and use of gas systems and appliances.
The landlord’s responsive repairs policy says it will attend emergency repairs within 24 hours. It aims to complete routine repairs within 28 calendar days.
The landlord’s compensation policy encourages residents to take out contents insurance to cover personal possessions.

Landlord’s handling of reports of damp and mould

The resident reported damp and mould on 5 October 2023, following which the landlord appropriately said it would arrange an inspection and opened a damp and mould case. The landlord inspected the property on 26 October 2023 and completed its report 8 days later on 3 November 2023, but did not forward this to the owner for a further 6 days. It appropriately provided the resident with a copy of the report. However, its failure to contact the owner until 2 weeks after the inspection was not reasonable and showed disregard for the resident’s living conditions.
The landlord’s inspection report identified that it needed to resolve condensation issues, damp in the lounge and water penetration near the rear access in the hallway. The owner contested this on the same day that the landlord sent the report, but the landlord did not respond until 12 days later, on 21 November 2023. The delay in responding showed further disregard for the resident’s living conditions.
The landlord suggested that the owner carry out their own survey and send a contractor to look into possible water ingress into the property. Despite its delayed contact with the owner, the landlord appropriately urged a response.
On 23 November 2023, the owner instructed the landlord to resolve the damp and mould issues identified in the inspection report. The landlord raised a job to apply mould wash and anti-mould paint in the lounge, bathroom and one of the bedrooms, which it completed on 4 December 2023. However, there is no evidence that it pursued the water ingress issue with the owner, which is a failing.
On 24 January 2024, the resident’s MP forwarded a letter to the landlord on her behalf regarding the impact of damp and mould. The resident also re-raised the issue on 25 January 2024 and said that her son had asthma. The landlord appropriately explained the actions it had previously taken and said it would undertake a further survey followed by any works required. It also said the resident could ask its insurance team to review the impact of damp and mould on her personal belongings if she did not have contents insurance. This was reasonable in the circumstances.
During its inspection on 9 February 2024, the landlord identified issues throughout the property. It said there was not enough airflow, the property was very warm with condensation mainly on cold surface areas, and that rising damp had caused a wet patch on a wall in the main bedroom. To address this, it would repair some external brickwork and rendering, complete further mould washes and repaint accordingly. It would also provide a dehumidifier to help dry the wet patch. We are satisfied that the landlord acted in line with its damp and mould policy by identifying causes of damp and mould before deciding the next steps it would take.
The landlord provided the resident with a dehumidifier before undertaking a damp and mould wash 13 days later, on 27 February 2024. However, it did not manage to apply the mould wash to the bathroom ceiling and one of the bedrooms, which it could not access due to furniture. While it is understandable that the landlord was unable to apply the mould wash to this bedroom, we would have expected it to have worked with the resident in order to clear the room. That it did not do so was not appropriate in the circumstances and likely caused the resident distress.
On 9 April 2024, the resident raised a formal complaint. She said damp and mould had returned within days of the landlord painting over where mould had been. In response, the landlord arranged for an external surveyor to inspect the property and said it would act on the surveyor’s advice. This demonstrated its willingness to resolve the issue by obtaining an independent, professional opinion.
The landlord repaired external brickwork on 10 April 2024. This was 58 days after it raised the job and 30 days outside its timeframe for routine repairs, which was not appropriate. As the landlord identified this as a cause of damp, it is possible that its failure to repair the brickwork sooner would have contributed to ongoing damp and mould in the property.
A surveyor then visited on 24 April 2024 and provided the landlord with an inspection report on 29 April 2024. When responding to the resident’s complaint at stage 2 on 23 May 2024, the landlord said it had pursued the owner for a response to the surveyor’s recommendations, which it would follow up. It has not provided any evidence of this contact with the owner, which indicates an issue with its record keeping. However, in line with its damp and mould policy, the landlord appropriately advised the resident how she could help reduce damp and mould, as recommended by the surveyor.
Overall, the landlord undertook 3 damp and mould inspections. This included instructing an external surveyor for an independent assessment, which was reasonable in the circumstances. Although the landlord acted on the recommendations from each survey, the resident experienced delays in it contacting the owner and completing some of the works. This no doubt caused her inconvenience and distress. The landlord also did not offer any compensation to acknowledge its failings, which was not appropriate.
We understand that damp and mould remained in the property but, because the resident’s tenancy has since ended, no action has been required to address this. However, we consider that the failings identified represent maladministration and have made an order for remedy below.

Landlord’s handling of repairs of a faulty boiler

On 22 December 2023, the resident reported that she had no hot water and that the heating was not working properly. The landlord repaired the boiler to restore the hot water on 27 December 2023 but noted that this needed ‘a complete overhaul and service’. However, it took no further action. It is a failing that the landlord did not consider servicing the boiler to identify whether this needed further maintenance or replacing. Also, although just before Christmas, in line with its responsive repairs policy, the landlord should have attended within 24 hours as an emergency repair, but it did not do so. This is a failing, which likely caused the resident inconvenience and distress.
On 8 February 2024, the resident reported that the water was not as hot as usual and that only the bathroom radiator was working properly. The landlord appropriately attended on 12 February 2024. Although the radiators heated up after it vented them and topped up the pressure in the central heating system, it reported that the resident had no hot water. The landlord noted that it needed to replace the plate heat exchanger and clean the heating system, with rust damage visible on the boiler and radiator air vents. However, it took no further action, which was not in line with its responsive repairs policy. This meant the resident was without hot water during the winter period, which likely caused her inconvenience and distress.
The resident next contacted the landlord on 20 and 22 March 2024 due to having no hot water. The landlord did not attend until 8 days later, which was not appropriate and not in line with its timeframe for emergency repairs. This likely caused the resident further inconvenience and distress.
The landlord did not ask the owner about replacing the plate heat exchanger in the boiler until 28 March 2024, which was 45 days after it noted the issue. Although the owner approved the work the same day, the landlord’s failure to raise this sooner was not reasonable in the circumstances and meant the resident remained without hot water.
When the landlord visited on 28 March 2023, there was no answer. It appropriately tried to contact the resident by phone before posting a card through the front door due to being unable to gain access. It then rebooked the visit for mid-April 2024. Although it was unable to gain access, considering its delay in attending this emergency repair due to the resident having no hot water, we would have expected the landlord to arrange to return as soon as possible.
The landlord visited to replace the plate heat exchanger on 7 April 2024. It topped up the boiler pressure but said the resident declined the repair as she was not happy with the corrosion and wanted a new boiler. The landlord reported that it had been difficult to find the leak that affected the boiler pressure due to personal belongings and furniture covering most of the radiators. However, it showed the resident how to top up the boiler pressure, leaving her with heating and hot water, which was appropriate in the circumstances.
In her written stage 1 complaint dated 9 April 2024, the resident said she had been without hot water for over a month. She phoned to report this on 11 April 2024. The next day, she also reported that she had no heating. The landlord appropriately raised an emergency appointment for 12 April 2024 but then cancelled this and did not attend until 15 April 2024. This, again, was not in line with its timeframe for emergency repairs and likely caused the resident further inconvenience and distress. The landlord has not provided any details regarding why it cancelled the initial appointment, which indicates an issue with its record keeping.
When the landlord attended on 15 April 2024, it reported that the boiler was beyond economical repair. Although it restored the heating, the hot water varied between hot and cold. However, there is no evidence that the landlord discussed how this would impact the resident, which was not satisfactory.
On 18 April 2024, the landlord recommended that the owner replace the boiler due to corrosion. In its stage 1 complaint response on 23 April 2024, the landlord apologised that the resident had been without hot water for over a month. It appropriately explained that the owner needed to approve a quote for a new boiler, following which it would contact her to arrange installation.
On 8 and 9 May 2024, the resident pursued the installation of a replacement boiler. This prompted the landlord to contact the contractor, which provided a quote that the owner approved on 9 May 2024. The contractor attended to install a new boiler 14 days later, on 23 May 2024. This resolved the resident’s hot water and heating issues.
The landlord acted to resolve problems where they occurred but did not keep an overview of the issue, which meant the resident had to chase repairs. The landlord’s compensation policy provides guidance regarding a failure to respond within one working day to a report of no heating or hot water between 31 October and 1 May. It will award £10 compensation plus a further £2 per day for every extra day it does not complete the repair, up to a maximum of £50. In this case, the landlord offered £250 compensation in recognition of the resident having little to no hot water and heating since reporting this, which exceeded the guidance in its compensation policy. Therefore, this investigation considers that, while the landlord’s handling of the situation could have been better, it recognised the impact on the resident. As such, an offer of reasonable redress has been made.

Determination

In accordance with paragraph 52 of the Scheme, there was maladministration regarding the landlord’s handling of the resident’s reports of damp and mould.
In accordance with paragraph 52 of the Scheme, there was reasonable redress regarding the landlord’s handling of repairs of a faulty boiler.

Orders

Within 4 weeks of the date of this determination, the landlord must:
1. Provide a written apology for the distress caused by the failings identified.
2. Pay £350 compensation for the distress caused by its failings in response to the resident’s reports of damp and mould.
The landlord must make this payment directly to the resident.
The landlord is to confirm compliance with these orders within the timeframe set out above

Recommendation

The landlord should pay the resident the £250 compensation offered in its stage 1 response, if it has not already done so. This Service has found reasonable redress based on the landlord paying this amount to the resident.