Haringey London Borough Council (202411782)

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REPORT

COMPLAINT 202411782

Haringey London Borough Council

25 February 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 reports of a leak from the roof and subsequent damp and mould.

Background

The resident occupies the property, a 3 bedroom, second floor flat under a secure tenancy which began on 23 April 2019. The resident lives at the property with his wife, and 2 adult sons. One of the resident’s sons is reported to have asthma.
On 3 March 2022 and 7 April 2022, the resident reported a leak coming from the roof, and mould on the ceiling in the bedroom. On 5 May 2022, the landlord’s operative attended the property and requested that a roofer should inspect and carry out any works to the roof at the property before allowing some time for the bedroom ceiling to dry out and then arranging to repair and paint internally. On 16 August 2022, a roofer attended and recommended unblocking the guttering, and on 20 September 2022, works took place to clear the guttering at the property.
On 8 June 2023 and 19 October 2023, job requests were raised by the landlord for a roofer to attend the property. On 10 November 2023, a further request was made for guttering to be maintained at the property due to the resident reporting leaks, and on 8 February 2024 the resident reported that water was leaking onto the electrics in the bedroom.
On 14 February 2024, the resident made a formal complaint to the landlord about its handling of the leak and damp and mould at the property. He said:
1. He thought there was a crack in the roof because every time it rained, he had water leaking in several rooms.
2. There was damp and mould everywhere due to the leak.
3. Water was leaking from light fittings.
4. The ceiling was mouldy.
5. He had been reporting the issue for over a year, but there had been no effort from the council to come and fix the problem.
6. Each time he called, he was told an email would be sent to the relevant department and the issue would be fixed. He contacted them several times in the past year, but they did not come to fix it.
7. His wife and children were being severely impacted by the issue.
The landlord issued a stage 1 response on 28 February 2024, upholding the resident’s complaint and confirming that it had now scheduled roofing works for to take place. The landlord also confirmed that following the roofing works, the damp and mould team would inspect the property and confirm what remedial works would take place. Finally, the landlord advised the resident of the contact details for the landlord’s insurance department if any personal belongings had been damaged by the leak.
The resident contacted the landlord to request escalation of his complaint on 13 May 2024. He said:
1. That he had an urgent repair issue which had been going on for over a year without being repaired by the repairs team.
2. That there was a crack in the roof which was letting in the rain which had caused mould and damp on the ceiling and walls.
3. That 2 of the rooms at the property could not be used as the mould was very severe.
4. That the landlord had not attended for the scheduled appointment to complete remedial roof works on 2 and 3 May 2024.
5. That when the resident called the council after the missed appointment, he was told it had been postponed until July 2024.
6. That as a result of the leak, damp, and mould, the property was not habitable.
7. That he had children and a wife who had health conditions which were being worsened by the issue.
The landlord issued a stage 2 response on 19 June 2024 and acknowledged that it had failed to carry out the remedial works to the ceiling from 2022, and that it had failed to communicate the rearranged roofing appointments in May 2024 or communicate how the works at the property were going to be managed. The landlord offered the resident £500 in recognition of the impact of the poor management and delay to the works, the missed appointments, poor communications and for the resident’s time and trouble in pursuing the matter.
On 2 October 2024, the resident confirmed that he wanted the Ombudsman to investigate his case. The resident said that he was dissatisfied that the roof had not yet been fixed, and that the problem with damp and mould continued. This was reported to be having a detrimental effect on his son’s asthma.

Assessment and findings

Scope of investigation

The resident stated in his complaint that the damp and mould had affected his family’s health. It is beyond the Ombudsman’s expertise to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This would be more appropriately dealt with as a personal injury claim through the courts or the landlord’s liability insurance. This is because the court can call on medical experts and make legally binding judgements.
Our decision not to consider this aspect of the resident’s complaint is in accordance with paragraph 42.f. of the Scheme, which says the Ombudsman may not consider complaints which concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure. We have, however, considered the general distress and inconvenience which the situation may have caused the resident as well as the landlord’s response to the concerns he raised about his family’s health.
There are records showing that the resident reported problems with a leak from the roof and damp and mould at the property over several years, dating back to at least 2022. However, the resident first raised a formal complaint about the issues in February 2024. In accordance with paragraph 42(c) of the Housing Ombudsman Scheme, the Ombudsman may not consider complaints that were not brought to the landlord’s attention as a formal complaint within a reasonable period, normally within 12 months of the matters arising. Whilst this would ordinarily lead this service to focus on the landlord’s handling of the matter from February 2023 onwards, the Ombudsman notes that the landlord initially assessed the resident’s property on 5 May 2022 after the resident had reported the issue in on 3 March 2022. Following the assessment in May 2022, the repairs which form part of this complaint were recommended. These repair recommendations were considered by the landlord as part of its complaint response. As such, the Ombudsman considers that it would be fair to consider the landlord’s handling of this matter from 3 March 2022 onwards in this case.

The landlord’s handling of reports of a leak from the roof and subsequent damp and mould

In relation to roof leaks, the landlord’s repairs handbook says the landlord will carry out repairs at an agreed appointment within 28 days.
The landlord’s damp and mould policy states that as soon as the landlord’s repairs team are aware of a damp and mould case, it will be categorised according to severity, with the most serious cases prioritised for immediate action. In the most severe cases, a works order will be raised, and an emergency inspection will be carried out by a surveyor within one working day. In all other cases, a works order will be raised, and an operative/surveyor will attend within five working days.
The landlord’s policy also states that damp and mould works for serious hazards will be completed within 3 months and that an operative or surveyor will complete an inspection 3 months after works have been completed to ensure there are no further issues.
For moderate hazards, the policy states that a schedule of works will be agreed with the resident, and the landlord will ask residents to let the landlord know if damp and mould returns or gets worse. For slight hazards, repairs will be actioned as a normal responsive repair and attended to within 28 days.
The Ombudsman’s October 2021 Spotlight report on damp and mould, ‘It’s not lifestyle’ (the Spotlight report), made recommendations to landlords about managing damp and mould. These include:
1. Landlords should adopt a zero-tolerance approach to damp and mould.
2. Landlords should ensure that their responses to reports of damp and mould are timely and reflect the urgency of the issue.
3. Landlords should ensure that they clearly and regularly communicate with their residents regarding actions taken or otherwise to resolve reports of damp and mould.
The resident first reported a leak, leading to the development of mould on the ceiling in the bedroom at the property on 3 March 2022. The works order for that date shows a request to apply a mould treatment.
On 7 April 2022 there is a further record that the resident reported a leak in the bedroom of the property, but was unsure where it was coming from.
On 5 May 2022, the landlord visited the property and its operative recommended that a roofer should inspect the property. The operative identified that some roof tiles were dislodged and needed to be replaced. The operative noted that once roofing works were completed, the internal repairs to the bedroom ceiling should be booked for 3 weeks later, to give time for the ceiling to dry out. 25. There is no record that the requested mould treatment was carried out by the landlord on the 5 May 2022.
This initial attendance by the landlord on 5 May 2022 occurred 61 days after the issue was first reported by the resident on 3 March 2022. This was in excess of the landlord’s 28 day target for attending to a roof leak, as specified in its repair policy. It was also in excess of the five working day target for attending to assess damp and mould, under the landlord’s damp and mould policy.
After the landlord attended on 5 May 2022, an appointment was arranged for a roofing operative to attend the property on 16 August 2022. The operative recommended clearing the gutters, and these works were completed on 20 September 2022.
This meant that the resident was waiting from 3 March 2022, when the issue was first reported, until 20 September 2022 for the landlord to take any action to address the roof leak. This was 201 days after the issue was first reported, and therefore significantly in excess of the landlord’s 28 day target for attending to a roof leak.
In addition, the record of the works undertaken by the landlord on 20 September 2022 do not show that the landlord addressed the issue of the dislodged roof tiles, which had been identified as a potential cause of the leak by its employee on 5 May 2022.
There is no record that a further work order to address damp and mould was raised after the assessment on 5 May 2022 or following completion of the works to the guttering on 20 September 2022.
The evidence indicates that the landlord believed the roof leak was causing, or at least contributing to, the damp and mould. The landlord should have communicated to the resident how it proposed to remedy the damp and mould, and when. While it may not have been able to eliminate damp and mould until the roof was fixed, it should have arranged an inspection to identify any other contributory factors and arranged an interim measure, such as a mould wash, to improve the situation while waiting for the roof repair. The failure by the landlord to carry out any interim damp and mould works within 28 days of becoming aware of the problem, was in breach of its damp and mould policy. It further failed to arrange follow on damp and mould works after completion of the guttering works on 20 September 2022.
On 8 June 2023, the landlord’s internal email shows that a further request was made for a roofer to attend the property, as recommended on 5 May 2022. An internal email dated 19 October 2023, made the same request for a roofer to attend, and noted that afterwards damp and mould works were to be carried out, once the area had dried out.
On 10 November 2023, a works order was raised to maintain the guttering system at the property as the resident was again complaining of water leaks coming from the roof.
The Ombudsman expects landlords to maintain comprehensive records of all contact with residents, repair requests and services provided. This should include details of appointments, any pre and post-inspections, surveyors’ reports, work carried out and completion dates. This is because clear, accurate, and easily accessible records provide an audit trail and enhance landlords’ ability to identify and respond to problems when they arise.
The resident reported in his stage 1 complaint that each time he called, he was told an email would be sent to the relevant department and the issue would be fixed. There is no record of these conversations, or of any other phone calls to or from the resident. It is likely that the landlord’s record keeping played a part in it having to re-raise the request for a roofer to inspect the roof.
It is inappropriate, and in breach of the landlord’s repair policy that repeated requests for a roof repair were made without any action being taken by the landlord.
On 8 February 2024, a further request was made for an operative to attend the property because water had leaked onto the light fitting in the bedroom. An operative attended the same day to make the electrics safe. This was an appropriate response by the landlord to an urgent repair request.
After the attendance by the landlord on 8 February 2024, and the resident’s stage 1 complaint on 14 February 2024, the landlord arranged for a roofer to inspect the property on 24 February 2024. The roofer recommended a follow on appointment to clear all the gutters, and the landlord’s records show a work request was made on the 27 February 2024 for a 2 day appointment with a sky vac to clear all gutters at the front and rear of the block.
It is unclear from the records why the landlord did not address its employee’s earlier recommendation to secure the dislodged roof tiles at this stage. It is inappropriate that the landlord repeatedly failed to undertake the repairs identified by its operative on 5 May 2022, who had recommended that roof tiles needed to be secured.
In the landlord’s response to the resident’s stage 1 complaint, dated 28 February 2024, the landlord upheld the resident’s complaint and apologised. The landlord also confirmed that it would be attending at the property on 2 and 3 May 2024 to carry out remedial roofing works.
It was appropriate for the landlord to uphold the resident’s complaint and arrange a further roofing appointment. However, it was not appropriate for the resident to have to wait a further 2 months after the complaint response for that appointment to take place. The landlord should have arranged to attend the property more urgently, particularly as in his complaint, the resident had reported problems with leaking in several rooms, mould, and dampness everywhere in the property, and water leaking from light fittings.
In fact, the appointment scheduled for 2 and 3 May 2024 was cancelled by the landlord, but the resident was not informed of the cancellation. This poor communication was an added failure in service and will have caused the resident further inconvenience.
In his escalation request, dated 13 May 2024, the resident expressed his frustration about the ongoing problems, reporting that 2 of the rooms at the property could not be used because of the leak and resulting damp and mould. The resident also reported his dissatisfaction that he had not been informed that the appointment was cancelled on 2 and 3 May 2024, after making arrangements to ensure someone was available at the property for the appointment. He noted that he had been told that the appointment had now been postponed to July 2024, and stated that he did not believe the flat was habitable in its current condition. The resident also noted that his family had health conditions which were being affected and made worse by the damp and mould issues.
The day after the resident’s escalation request, on 14 May 2024, the landlord arranged a damp and mould inspection which found that there were some slight issues remaining on the day of the inspection and noted that the resident cleaned the mould when required. The operative recommended no further action at that time.
Whilst it was appropriate that the landlord responded within 24 hours to the resident’s escalation request which reported the continuing issues with damp and mould, the inspection carried out by the landlord was not adequate. In particular, the report did not include an inspection of the bedrooms at the property, where the resident had reported ongoing problems, and damp and mould had previously been observed by the landlord in 2022. By this time, the resident had waited 2 years for a damp and mould assessment, which did not assess all rooms in the property and did not lead to any further work to address damp and mould.
The landlord issued its stage 2 complaint response on 19 June 2024. In its stage 2 response, the landlord appropriately admitted failures in service and delays to carrying out roof works and the follow on remedial works to the ceiling since 2022. The landlord confirmed that it would be arranging for a survey to be carried out at the property on 30 July 2024. Following the survey, the landlord said any recommended remedial works would be carried out. The landlord also offered the resident £500 in compensation.
The rearranged appointment took place on 30 July 2024. The records show that the gutters were again cleared at the property and a defect survey was undertaken. The survey noted damage to walls and ceilings in the bedrooms at the property and mould in bedrooms 2 and 3 and in the bathroom. The surveyor recommended carrying out roof repairs where necessary externally, brickwork pointing to chimney, redressing flashing, and renewing or securing roof tiles, as necessary. The surveyor also recommended a fungicidal wash to the mould, and renewing silicone around the windows. Advice was also given to the resident about heating and ventilation.
It is significant that some of the works recommended in the defect survey on 30 July 2024 were works which had been previously requested in 2022. In particular, the mould treatment had been requested on 3 March 2022, and inspecting and replacing dislodged roof tiles had been recommended on 5 May 2022. Despite being requested over 2 years earlier, these repairs had not yet been carried out by the landlord at the time of the survey on 30 July 2024.
On 30 October 2024 and 7 November 2024, repairs to internal plastering and mould treatments were carried out at the property as recommended in the defect survey. An appointment was later made for 29 November 2024 to inspect the roof and windows, with a further note to book in plastering when leaks were resolved.
The most recent update from the resident in January 2025 confirmed that a mould treatment, replastering and painting had been carried out internally at the property.
However, the Ombudsman has not been provided with evidence that the roof repairs recommended in the defect survey on 30 July 2024 have been carried out to date. The resident reported in January 2025 that the problems with leaks, damp and mould were continuing. The resident also reported that damage had already been caused to the newly plastered and painted walls due to the continuing leak from the roof.
Overall, the repairs to the roof and the damp and mould at the property have been managed poorly by the landlord. This has led to the resident and his family being left in a property with a leak, and progressively worse damp and mould for almost 3 years.
The Ombudsman notes that in his escalation request on 13 May 2024, the resident stated that the property was uninhabitable due to the leak, damp, and mould.
Section 8 of the landlord’s damp and mould policy states the landlord should consider a temporary move (a decant) where the risk from damp and mould cannot be removed immediately because of the extent of the works required. In those circumstances the landlord states it will move residents out of their home immediately under its temporary moves policy if the location of the mould in their home poses a risk to their health. It further states that household members’ vulnerabilities will also be considered, for example if the household contains children or people with conditions making them particularly susceptible to illness following exposure to any mould.
The Ombudsman has not seen evidence that a risk assessment was undertaken by the landlord in this case, or that consideration was given to whether a decant would be appropriate for the resident and his family at any stage. In light of the resident’s reports of water coming through electrical light fittings, several rooms being uninhabitable, and along with the reported impact on the health conditions of the resident’s family members, one of whom has asthma, the landlord’s failure to assess the risks or consider a decant for the resident and his family was unreasonable.
Where the landlord has accepted it has made errors, it is the Ombudsman’s role to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: Be Fair, Put Things Right and Learn from Outcomes as well as our own guidance on remedies. Consideration of any aggravating factors may justify an increased award to reflect the specific impact on the resident.
In this case, it was appropriate that the landlord apologised for delays in addressing the roof leak, damp, and mould, and for failing to communicate about the missed appointment in May 2024. It was also appropriate that it gave the resident its insurance details to enable him to pursue any damages in relation to personal injury or damage to his personal belongings.
It was also appropriate that the landlord offered compensation in its stage 2 complaint response, in an attempt to put things right. However, the Ombudsman considers that the compensation of £500 offered by the landlord did not adequately reflect the full impact of the failings on the resident. It is evident that the resident and his family experienced distress and inconvenience because of the landlord’s prolonged delay in fixing the leak and addressing the problems with damp and mould. The resident also had to spend unnecessary time and trouble in trying to resolve matters by repeatedly contacting the landlord to report the ongoing issue.
The impact of the damp and mould would have caused the resident additional distress and inconvenience due to the vulnerability of his family members because of their health conditions, including asthma.
In addition, the Ombudsman has not seen evidence that the problems with the leak and damp and mould at the property have been permanently resolved at the time of writing this report, which is now almost three years after the problem was first reported.
In consideration of the above factors, a finding of severe maladministration has been made in relation to the landlord’s handling of reports of a leak from the roof and subsequent damp and mould.
In light of the aggravating factors outlined above, and the length of time taken without resolution of the issues, an appropriate compensation award for distress and inconvenience in this case would be £1,000. This award is in line with the Ombudsman’s remedies guidance for cases where there has been a failure by the landlord which had a significant impact on the resident.
In addition, it is clear from the defect survey on 30 July 2024 that there existed several issues that went unaddressed for a significant period of time, and remain unresolved at the date of this report. These ongoing issues would have impacted the resident’s ability to fully enjoy the property.
In light of this, an order has been made for the resident to receive compensation for the loss of full enjoyment of the property at a rate of 10% of the weekly rent payment. This has been calculated from 28 days after the landlord was notified of the problem on 3 March 2022, until the date of this report.
The weekly rent at the property is £114.84. The compensation therefore became payable at a weekly rate of £11.48 from 31 March 2022 to the date of this report 25 February 2025, a total of 151 weeks. The total payment for loss of enjoyment of the property has therefore been calculated to be £1,734.08.
Orders have also been made for the landlord to address the repairs to the roof, internal decoration, and damp and mould. The landlord has also been instructed to undertake a risk assessment to consider whether the property is fit for habitation until the works are completed.

Determination

In accordance with paragraph 52 of the Scheme, there was severe maladministration by the landlord in its handling of reports of a leak from the roof and subsequent damp and mould.

Orders

The landlord must, within 4 weeks of the date of this determination:
1. Provide the resident with an apology from the chief executive for the failings outlined in this report.
2. Pay the resident compensation of £2,734.08. This is made up of:
  1. £1,000 for the distress and inconvenience caused by the landlord’s handling of the reports of a leak from the roof and subsequent damp and mould.
  2. £1,734.08 for the loss of enjoyment of the property as a result of the landlord’s handling of the ongoing leak and damp and mould issues at the property.

This is inclusive of the compensation previously offered by the landlord, and therefore the landlord may deduct from this total any compensation that may already have been paid in relation to this complaint.

Instruct an independent surveyor to investigate the source of the leak from the roof and set out the steps needed to rectify the issue.
Conduct a risk assessment to consider whether the property is fit for habitation until the works are completed, and consider whether a decant would be appropriate for the resident while repairs are carried out, in line with its damp and mould policy.
Provide the Ombudsman with evidence of compliance with the above orders.

The landlord must, within 12 weeks of the date of this determination:
1. Carry out any repairs to the roof recommended by the independent surveyor. The landlord must provide the Ombudsman with evidence of the works carried out.
2. Arrange a new damp and mould inspection at the property. It must also provide the Ombudsman and the resident with a copy of the findings of the inspection, and its proposed schedule of works to resolve the problem permanently, after the roof repairs are carried out.