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West Northamptonshire Council (202440607)

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REPORT

COMPLAINT 202440607

West Northamptonshire Council

27 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

  1. The complaint is about the landlord’s handling of:
    1. The resident’s reports of damp and mould.
    2. Energy efficiency improvement works.
    3. The resident’s associated complaint.

Background

  1. The resident is a secure tenant of the landlord, a local authority. She resides in the property with her partner and 5 children.
  2. The landlord contacted the resident in 2023 to advise that it had secured funding to carry out energy efficiency improvement works to her home. It carried out a survey on 4 January 2023 to identify the improvement work that it would undertake. This survey found mould was present throughout the property and noted ventilation in the house was inadequate. The landlord said it would be in touch to provide timescales for the improvement works once they were known.
  3. The resident contacted the landlord in January 2024 to report the property was damp and mould was present throughout the house. She complained on 9 November 2024 and said it had not done enough to resolve the damp and mould, the problem was worsening, and she was concerned over the health of her family. She said she had received no information on when it would complete energy efficiency works.
  4. The landlord sent its stage 1 response on 25 November 2024. It said that it had arranged a specialist damp survey as the problem was “complex.” It told the resident it would complete repair work identified by the survey and keep her informed. It apologised for the issues she had faced.
  5. The resident asked the landlord to escalate her complaint on 5 December 2024. She was unhappy it had not completed repair work and her living conditions were worsening. She wanted confirmation of when energy improvement works would begin and for it to complete repair work to resolve the damp and mould. She requested that it compensate her for items damaged by the mould.
  6. The landlord responded at stage 2 of its complaint process on 27 January 2025. It said it would carry out further investigation of the damp issue, including if compensation was necessary, and keep the resident updated. It confirmed that energy improvement works would begin by 31 March 2025 and apologised for its poor communication around this issue.
  7. The resident brought her complaint to us as she remained unhappy with the landlord’s response. She is seeking compensation, for the landlord to complete repair work to resolve the damp and mould and to improve its services.

Assessment

Scope of investigation

  1. The resident said her children’s health was affected by the conditions in the property. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an injury, oral testimony can be examined in court. Therefore, this element of the complaint is better dealt with via the court.
  2. The Housing Ombudsman assesses landlords’ handling of residents’ complaints to ascertain whether they took reasonable steps to resolve these within their internal process. This investigation has, therefore, focused on the events and evidence leading up to its final response on 27 January 2025. Any events following its stage 2 response are mentioned in this report for context purposes only.

Reports of damp and mould

  1. Over the past few years, there has been an increased awareness of the risks to health from damp and mould. It is understandable that residents would be concerned if damp and mould were present in their home. The issue can cause considerable distress to residents, especially residents who have young children and certain health conditions. We recognise that the presence of damp and mould in a property does not automatically amount to a service failure by a landlord. However, when a resident reports damp and mould, we expect a landlord to act promptly to assess the issue and complete any remedial repairs.
  2. The landlord does not have a repair or damp and mould policy in place. Its website states it will attend emergency repairs within 24 hours. It also says that urgent repairs are works needed to quickly prevent immediate damage to the property, and routine repairs include non-urgent works which cannot wait until a program of planned maintenance. The website does not specify any timescales for urgent or routine repairs or include information about its planned maintenance programmes of work.
  3. The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) recommends that landlords should ensure that their responses to reports of damp and mould are timely and reflect the urgency of the issue. Landlords should consider appropriate timescales for their responses to reflect the urgency of the case and set these out clearly for residents so their expectations can be managed. They should also ensure that they clearly and regularly communicate with residents on actions taken to resolve damp and mould.
  4. The landlord arranged for its contractor to carry out an inspection of the property on 4 January 2023 as part of its plan to complete major energy efficiency works. The inspection report noted that condensation and mould was present throughout the property with ventilation being inadequate. The report recommended that system repairs were carried out to improve ventilation including the installation of a Decentralised Mechanical Extract Ventilation (DMEV) fan system.
  5. Although we appreciate that the inspection was not arranged for the purpose of identifying damp and mould, as it had subsequently done so it would have been appropriate for the landlord to respond to the issue. Given that it had not yet arranged a date to carry out the improvement works, it should have taken action to mitigate the impact of the conditions in the property on the family in the meantime. This was particularly relevant as it was aware there were young children living in the home.
  6. The resident reported damp and mould throughout her property a year later on 3 January 2024. The evidence shows that the landlord responded to this report in a timely fashion by raising a damp inspection on 5 January 2024. This was subsequently cancelled by the resident via the landlord’s online system, the reason for this is not clear. In correspondence with the resident on 12 January 2024 it asked her to rebook this appointment so that it could inspect the damp and arrange any necessary remedial work.
  7. The landlord’s records do not contain any further reports relating to the issue until 4 months later. On 7 May 2024 it sent a text to the resident confirming it would carry out a damp inspection on 10 May 2024. Its records do not allow us to ascertain what event or contact led to it arranging this inspection.
  8. The landlord conducted a damp inspection of the property on 10 May 2024. It found there was a major damp issue throughout the property with mould present in the children’s bedroom and bathroom. The report highlighted several necessary repair jobs. These included repointing of external brickwork, repair of the downpipe and soil pipe, repair to the bathroom extractor fan as well as mould treatments to walls in the bathroom and bedroom. The report categorised the issue as a major damp hazard. It said that the property would benefit from the major improvement works however it noted that these were not due for “another 2 years.”
  9. The landlord raised the repair work highlighted in the inspection on its system the same day. Due to the severity of the issue this was appropriate. Although its repair logs state that it completed the work 18 days later, on 28 May 2024, they do not confirm what repair work was carried out. As the report had highlighted the impact that the planned improvement works would have on the damp and mould problem, it would have been reasonable for the different teams arranging works to liaise to consider this. It had been over 16 months since the landlord became aware of the issue and there is no evidence of any cross departmental discussions regarding the problem during this time. This indicates a lack of corroboration between the landlord’s teams dealing with its day-to-day repair work and major planned works.
  10. We have not seen any evidence of further reports by the resident regarding the issue until over 5 months later, on 9 November 2024 when she raised her complaint. It would have been appropriate for the landlord to complete a post-works survey of the repairs it had completed, particularly as it had identified a hazard. However, in the absence of any further reports from the resident, it was reasonable for it to assume that the repairs had likely resolved the issue.
  11. In her complaint to the landlord on 9 November 2024 the resident said that it had not completed repair work raised after its damp inspection. She said that no external repointing work had been done and the mould was spreading. She told the landlord that 3 of her children were suffering from respiratory infections and that she had to throw out curtains and toys from her children’s bedroom. She said mould had destroyed the carpet and wallpaper in the affected bedroom and despite redecorating the issue was worsening. She included photographs of the room which showed black mould spores on the walls, window frame, curtains, carpet and children’s toys.
  12. As part of the landlord’s investigation into the resident’s complaint it arranged to post inspect the work conducted in May 2024. It attended on 15 November 2024 and found that the agreed works had not been completed to a satisfactory standard with damp and mould present throughout the property. It took photographs at the visit of numerous issues including wet floorboards in the children’s bedroom which had resulted in the resident having to remove the carpet and wallpaper falling away from the wall due to the moisture.
  13. It was appropriate that in its stage 1 response on 25 November 2024 the landlord apologised to the resident for the issues she had faced. It did not however, discuss its delays, poor workmanship or offer the resident any redress. It said that its post works inspection had identified a “very complex damp issue.” Due to this it had arranged for a specialist survey to take place on 3 December 2024. It said that following the survey it would arrange remedial works to tackle the issue and would keep the resident updated. It highlighted learning that it had taken from the situation and said that it would discuss damp works with residents upon completion to ensure they had been carried out satisfactorily.
  14. The landlord’s stage 1 response failed to address the resident’s reports in relation to the damage caused by mould. In cases like this where a resident states that their personal items have been damaged due to the landlord’s actions or omissions in dealing with damp and mould it is reasonable for the landlord to refer them to its liability insurers. Its failure to address this matter likely left the resident feeling ignored.
  15. The landlord did not show it acknowledged the resident’s concerns about her children’s health in relation to the damp and mould problem in its response. Given that it had viewed and photographed the conditions in the children’s bedroom on its post inspection it should have ensured that it was clear on how it would manage any risk to health that the mould could pose.Its failure to demonstrate it had considered any mitigating measures that it could takein its response to the resident was inappropriate.
  16. On 5 December 2024 the resident asked the landlord to escalate her complaint. She said that its senior surveyor had failed to attend on 3 December 2024 to complete the survey as set out in its stage 1 response. She was unhappy that despite its awareness of the conditions in the property and her reports of her children becoming ill, it had failed to act. She told the landlord that she wanted it to complete repair work to resolve the damp and mould and compensate her for the items that had been lost and damaged due to it.
  17. The landlord contacted the resident by text message 6 weeks later, on 17 January 2025 to advise that its surveyor would visit on 23 January 2025. There is no evidence that it spoke to the resident to explain its delay or confirm this appointment with her. Given the delays that she had already experienced and the severity of the issue, this was unreasonable. Its records indicate that it attended the property on 23 January 2025 to conduct the specialist survey however the resident was not at home. It contacted her the same day and asked her to get in touch to rebook the appointment.
  18. In its stage 2 response on 27 January 2025 the landlord said that it suspected that the damp issue was related to the roof or down-water goods. It asked the resident to get in touch so that it could rearrange the specialist survey which it said it needed to complete before it could consider any offer of compensation. It said that it would investigate the issue further and would keep the resident updated. It apologised for any breakdown of communication that may have caused frustration to the resident.
  19. There were a series of failings by the landlord over a significant period of time. Its failure to acknowledge the extent of these in its responses meant it did not fully recognise the detriment caused to the resident. It did not recognise its failure to respond to its initial finding of mould in the property in January 2023. Despite identifying the issue as a hazard in May 2024 its failure to complete repair work meant it did not resolve the issue at this time. Upon becoming aware of this in November 2024 it then took a further 2 months to attend to inspect the problem and offered no explanation for this delay. The lack of corroboration between its teams has meant it has not identified what measures it should take to resolve the damp and mould. This has likely left the resident feeling frustrated.
  20. The landlord’s final response failed to demonstrate it had considered the impact of the situation on the resident. Although we are aware of delays in the resident’s reporting of issues to the landlord, at the point of its final response the issue had been ongoing for over 2 years, and the landlord was aware it had failed to provide a suitable resolution. Its responses did not address the resident’s concerns over the health of her family. There is no evidence that it considered mitigating action such as temporary rehousing of the family to enable full investigation of the issue throughout this time. It failed in its complaint process to find the cause issue. Given the hazardous nature of mould, it should have taken a more robust approach to its resolution.
  21. Issues with damp and mould are often complex, and it can take time to find the cause. This can make it difficult for landlords to remedy the problem as quickly as its residents would expect. The Housing Ombudsman’s spotlight report on damp and mould states that a landlord should have a zero-tolerance approach, and its responses must be prompt and reflect the urgency of the issue. We expect landlords to communicate well between teams and departments, and to ensure one team or individual has overall responsibility for making sure it resolves complaints and reports relating to damp and mould, including follow up or aftercare. Had the landlord followed this best practice, it may have avoided the failings present in this case.
  22. We are aware that following the landlord’s final response the matter is still outstanding. Although it undertook a specialist survey on 12 February 2025 it has failed to carry out repair work to tackle the damp and mould. It has also not offered any redress to the resident following the inspection as set out in its final response. The resident has informed us that due to the condition of her children’s bedroom she has been unable to allow them to use it. This has resulted in 7 people occupying 2 bedrooms in the property which is likely distressing for the family. Therefore, with consideration of our remedies guidance we have made orders for the landlord to pay compensation to the resident and to take specific action to resolve the issue. This is in line with our dispute resolution principles to be fair and put things right.
  23. Landlords should have policies and procedures setting out management of repairs and damp and mould. These can provide clarity both internally and externally, ensure transparency and accountability, and allow it to monitor the effectiveness of its repairs service. The landlord’s complaints policy specifically states that it considers complaints about failure to meet its policy timescales. However, it has confirmed that it does not have policies for these issues and has not provided information about its repair timescales publicly, or to us for the purpose of the investigation.
  24. We are aware that in June 2025, as part of a separate case being dealt by us, we ordered the landlord to confirm the current status in its development of a repairs policy. We are aware due to this it is in the process of finalising the issue of this policy along with repair response timescales. Similarly, it has confirmed that along with its creation of a designated damp and mould team, it has written a damp and mould policy which is awaiting sign off at the appropriate scrutiny levels. Due to this we have not made orders relating to these policies or processes as part of this report.

Energy efficiency works

  1. It is not disputed that there were delays in the landlord’s handling of the energy efficiency improvement works. When there are failings by a landlord, as is the case here, we will consider whether the redress offered by the landlord (apology, compensation and offer to complete repairs) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we take into account whether the landlord’s offer of redress was in line with our dispute resolution principles, be fair, put things right and learn from outcomes.
  2. As discussed above, on 4 January 2023 the landlord arranged for its contractor to carry out an inspection of the property as part of its plan to complete major energy efficiency improvement works. In its report issued on 12 January 2023 it identified several improvements it could undertake including installation of external wall insulation, solar panels to operate water heating, floor insulation and a dMEV fan system to improve ventilation.
  3. The landlord’s records indicate that in May 2024 it became aware that there were access issues that would affect the delivery of its improvement works. The property has no separate garden access from the street and this would impact on its ability to access the rear and bring in materials. Due to this it met regularly with its contractors to discuss solutions to allow it to complete the works.
  4. The landlord contacted the resident on 2 July 2024 to advise that it had commenced improvement works in March 2024 and it expected all properties included in the programme to have work completed by the end of November 2024. Although this was a welcome update, the evidence indicates that this was the first contact it had made with the resident regarding the works since its survey in January 2023.
  5. The landlord wrote to the resident on 15 July 2024 and explained the access issues affecting the property. It said that due to this there was a delay in its commencement of the improvement works and it was exploring alternative ways to deliver this. It said it would contact the resident in August 2024 to provide a further update.
  6. Although we understand that this wait would have been frustrating for the resident, the access issue and resulting delay were outside of the landlord’s control. The evidence shows that it was regularly discussing solutions to the issue with its contractors and the suggestions it made in these interactions such as using new styles of scaffolding, demonstrated a proactive approach to finding a resolution.
  7. When raising her complaint on 9 November 2024 the resident said that the landlord had failed to provide her with an update on improvement works. She said despite waiting for 2 years, she was yet to receive a start date from it and was living in poor conditions whilst waiting for the work. Despite raising this as part of her complaint the landlord did not address the issue in its response on 25 November 2024. Given it had agreed to provide an update on the matter in August 2024 and had failed to do so, it would have been reasonable for it to discuss this in its response.
  8. On 5 December 2024 the landlord wrote to the resident to advise that due to the difficulties in accessing the property, it was exploring alternative measures including revising the scope of works it would complete. In her escalation request of the same day, the resident said that its surveyor had told her that until it completed improvement works, poor conditions in the property including excess cold, damp and mould would continue. Due to this she wanted it to confirm when it would commence the works.
  9.  It was appropriate that in the landlord’s stage 2 response on 27 January 2025 it apologised for the delays in arranging the energy improvement works and for failing to update the resident. It confirmed that because of the access issues it had revised the work it would undertake. It said it would be replacing the windows and doors, fitting solar panels, insulating the loft, improving ventilation and fitting environmental sensors. It confirmed that it would begin this work by 31 March 2025.
  10. In summary whilst it was appropriate that the landlord apologised for failing to update the resident it did not offer her any redress or identify any learning in its final response. This meant it did not fully recognise the effect of its failings. Our remedies guidance provides for compensation in the range of £50-£100 for situations where there was failure by a landlord which it has not fully put right, and we have made an order in that regard.
  11. We are aware that following the landlord’s final response it commenced some of the mentioned improvement works in May 2025. As the resident is unclear on timescales around completion of the full scope of works we have made a relevant recommendation below.

Associated complaint

  1. The landlord has a 2-stage complaints process. It will acknowledge complaints within 5 working days and respond to stage 1 and 2 complaints within 10 and 20 working days, respectively. At either stage, if the response cannot be completed within these timescales, the resident will be notified to inform them of the progress of their complaint and when they will expect a full response. This is in line with our Complaint Handling Code (the Code) timescales.
  2. There is no evidence that the landlord acknowledged the resident’s complaint at stage 2. This was not in line with its policy.
  3. The landlord issued its stage 2 response 14 working days outside of the timescales set out in its policy. There is no evidence that it contacted the resident beforehand to inform her its response would be delayed. This was unreasonable.
  4. The landlord did not acknowledge, apologise for or offer redress to the resident for its complaint handling failures in its final response on 27 January 2025. We have, therefore made a finding of service failure. We have made an order for the landlord to pay £50 to the resident. This is in line with our remedies guidance as set out above.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme:
    1. There was severe maladministration in the landlord’s handling of the resident’s reports of damp and mould.
    2. There was service failure in the landlord’s handling of energy efficiency improvement works.
    3. There was service failure in the landlord’s handling of the resident’s associated complaint.

Orders

  1. Within 4 weeks of the date of this report the landlord is ordered to take the following action and must provide evidence of its compliance:
    1. Issue the resident with a written apology by a senior member of staff. This must recognise the landlord’s failings in addressing the reports of damp and mould, as well as its handling of her complaint. It also must recognise the impact these failings had on the resident.
    2. Pay to the resident the sum of £1,975 rounded up, broken down as follows:
      1. £823.68 for loss of use of her children’s bedroom. This is calculated at 16% of rent from 15 November 2024 when it attended and viewed the conditions in the bedroom to the date of this report.
      2. £1,000 for the resident’s distress, inconvenience and loss of enjoyment of her home caused by its handling of the damp and mould.
      3. £100 for the inconvenience caused to the resident by the failings in the landlord’s handling of the energy efficiency improvement works.
      4. £50 in recognition of the time and trouble of pursuing a complaint and the frustration caused by the failings in the landlord’s complaint handling.
      5. These payments should be paid directly to the resident and not to her rent account.
    3. Carry out a damp and mould survey of the property by an independent damp and mould surveyor or specialist. The landlord must share the outcome of the survey and the schedule of work including timescales, for any remedial works found, with the resident and this Service.
    4. Assess the risks from damp and mould to the family and consider whether it is safe for the family to live at the property until it resolves the issue of damp and mould. Its risk assessment is to include the measures it will take to mitigate the risks to the family (if any) this might include moving the family to alternative accommodation. The landlord is to share the risk assessment and actions to mitigate the risks with this service.
    5. Provide timescales for completion of the remaining energy efficiency improvement works. It should clarify the works that are outstanding in this communication.

 Recommendations

  1. It is recommended that the landlord contacts the resident to discuss its insurance claims process relating to damaged personal belongings.