Thurrock Council (202348331)

Background

1. The resident reported damp and mould in her property, which she said damaged a bed and mattress. Despite specialist treatment completed by the landlord, the resident complained that the issues returned. She told the landlord the ongoing issues affected her mental health and her young daughter’s health and hearing. The landlord decanted the resident to temporary accommodation while it completed an intrusive investigation. Following further works, damp and mould returned, and the landlord deemed the property unsuitable because of the daughter’s reported health. The resident did not return, and the landlord assisted with a managed move to more suitable permanent accommodation.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s report of damp and mould.

Our decision (determination)

3. The resident’s complaint about the landlord’s response to the report of damp and mould is not within our jurisdiction to consider.

Summary of reasons

4. When a complaint is brought to us, we must consider whether it falls within our jurisdiction under the Housing Ombudsman Scheme. The Scheme states that we cannot investigate complaints that concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.
5. In this case, after the resident brought the case to us, the matters raised with this service were later pursued and resolved through court proceedings.
6. The resident’s solicitor issued a legal disrepair claim to the county court at Basildon, in February 2025. Seeking damages for disrepair, reimbursement of a bed costing £704, and health-related damages.
7. The parties reached a court-approved settlement before a hearing, which required the landlord to pay £2,500 for damages in full and final settlement. The court ordered that, upon payment, the landlord would be discharged from any further liability in respect of the claim. That settlement was formalised on 17 July 2025. The landlord confirmed the full amount was paid directly to the resident’s solicitors.
8. We acknowledge the resident’s dissatisfaction with the landlord’s actions, and the distress she said the matter caused. However, the court proceedings involved the same substantive issues raised with this service. We have no power to review or reconsider court‑approved settlements. For these reasons, the complaint falls outside our jurisdiction under the Scheme.