Lewisham Council (202336847)

REPORT

COMPLAINT 202336847

Lewisham Council

14 March 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 the resident’s reports of damp and mould.

Background

2. The resident holds a secure tenancy with the landlord in a 2-bedroom flat. She occupies the property with her children, some of whom are very young. One of her children is asthmatic and experiences respiratory tract infections.
3. On 16 November 2022 the resident reported to the landlord that mould had spread up the walls and her children were frequently sick and relying on asthma pumps. On 7 February 2023 the resident reported mould again and wanted the landlord to deal with the root cause. In March 2023 the resident told the landlord that her child’s health had deteriorated and wanted the landlord to move the household immediately.
4. On 10 March 2023 the landlord carried out an inspection of the property where some mould was found in bedrooms, bathroom, living room and kitchen. The technical inspector noted the property was very cold and that the resident had washed mould off the walls before the inspection. On 13 March 2023 the resident informed the landlord she had thrown away belongings affected by mould and repeated her earlier concerns. The landlord replied saying alternative temporary accommodation was not required and that it would arrange installation of thermal boarding to bedroom external walls and a review of the ventilation.
5. She reported mould concerns again on 25 May 2023 and made a formal complaint to the landlord on 7 June 2023. She said the landlord missed an appointment for 2 June 2023 and she had lost earnings having taken time off work for this. She felt the landlord did not care about her children’s welfare and despite washing walls, the mould persisted.
6. The landlord issued its stage 1 response on 20 June 2023. It upheld the complaint and apologised that she continued to experience damp and mould. It said it offered morning appointments from 29 June to 3 July 2023 to whitewash the bathroom, bedrooms, and washroom, however noted the resident said she had already carried out this work herself, as and when required. It added it had raised a job with its contractor who would review the ventilation in the property and contact her directly with an appointment. In recognition of the delays in resolving the damp and mould and the effect on the household, it offered £100 compensation.
7. The resident asked to escalate her complaint on 31 July 2023. She said the compensation offered was insulting and that the operative who attended said the ventilation fan would be loud and costly. The landlord issued its stage 2 final response on 8 August 2023. It upheld the complaint and apologised that the resident felt let down. It increased its offer of compensation to £150 to acknowledge the distress and frustration due to the significant delay in remedying the damp and mould issues. It added that the contractor advised that the fans were quiet and inexpensive to run, and apologised if the resident was misadvised. It added the contractor would book the ventilation works directly with the resident.
8. The resident referred her complaint to the Ombudsman on 2 January 2024. She said the mould persisted and affected her children’s health. She added that no remedial works had taken place. As an outcome, she wanted further compensation and remedial works carried out. She felt if the landlord was unable to do this, it should consider moving her.

Assessment and findings

The scope of the Ombudsman’s investigation

9. In the resident’s complaint to the Ombudsman, she said she had been complaining about damp and mould in the property for the past 4 years. While this may be the case, the Ombudsman has only seen evidence that the resident formally complained to the landlord in June 2023. In accordance with paragraph 42.c. of the Scheme, the Ombudsman may not consider a complaint which was not brought to the attention of the landlord as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising. Accordingly, this report will therefore focus on the relevant events from 12 months prior to the resident’s formal complaint of June 2023 to the landlord’s final response of August 2023 and any commitments it made. This is because it is difficult for us to investigate further back than that as records may not be available, accounts become less reliable and it becomes more problematic to validate and verify information.
10. The resident advised that the damp and mould negatively impacted her family’s health. While the Ombudsman is sorry to hear this, it is beyond the expertise of the Service to determine a causal link between the landlord’s actions (or lack thereof) and the impact on health. Where there is a dispute over whether someone has been injured or a health condition has been made worse, the courts are better equipped to access and assess all the relevant evidence that can provide an expert opinion of the cause of any injury or deterioration of a condition. This would be a more appropriate and effective means of considering such an allegation and so should the resident wish to pursue this matter, she should do so via this route. Nonetheless, consideration has been given to the general distress and inconvenience that the situation may have caused and this investigation will therefore consider whether the landlord acted in accordance with its policies, and whether it acted fairly in the circumstances.

The landlord’s handling of the resident’s reports of damp and mould 

11. The landlord has an obligation under the tenancy agreement to maintain the structure and exterior of the building. Additionally, under Section 9A of the Landlord and Tenant Act 1985, the landlord must ensure that the property is fit for human habitation during the term of the tenancy.
12. The landlord’s damp mould and leaks policy dated January 2024 outlines that it will treat all reports of leaks, damp, and mould seriously and will take a solution, focused, holistic approach whenever it can, which puts the resident; not just the property, at the centre of the resolution. It adds it will communicate clearly and keep residents informed of what action it will take, why it is taking it and when it will do this. Where it is unable to take immediate action, it may offer an interim solution and support to limit the impact. The Ombudsman recognises that this policy was not available at the time of the resident’s initial damp and mould reports but is referenced to as a sensible guide.
13. The landlord does not dispute that there were failings in its handling of reports of damp and mould. Where the landlord admits failings, the Ombudsman’s role is to consider whether the landlord resolved the resident’s complaint satisfactorily in the circumstances and offered appropriate redress. In considering this, the service assesses whether the landlord’s actions were in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right and learn from outcomes.
14. The resident initially reported mould in November 2022. While the housing officer passed the matter promptly to the damp and mould team and the resident said a surveyor attended in December 2022 to inspect and complete a mould wash, there is no evidence that further thought was given to what may have caused the issue. This led to the resident chasing again in February 2023. This would not have given the resident confidence that the landlord was taking her concerns seriously.
15. Additionally, the landlord did not act in line with its leak damp and mould policy as it did not communicate clearly and keep the resident informed of the actions it would take. Instead, it simply advised it had passed on her concerns on to its damp and mould team, who did not appear to treat the situation with the necessary urgency. The landlord then carried out another damp and mould inspection in March 2023, over a month later. During this time the household was left in damp conditions and the landlord only appeared to act once it had been made aware that the resident’s child had been admitted to hospital.
16. As emphasised in our Spotlight report entitled Damp and mould: It’s not lifestyle, ventilation, together with sufficient heating and appropriate mould treatments where necessary, is essential for the prevention of mould. The landlord had attended the property as early as March 2023 to undertake a damp and mould inspection and was therefore aware of the extent of the issue at the time. During this inspection, mould was found in bedroom and living areas. Having been informed of the recommended works included installing thermal boarding to bedroom external walls and reviewing the ventilation that were required, the landlord should have undertaken these promptly. However, it failed to act on these. Indeed, the resident confirmed in February 2025 that no remedial works had taken place other than mould washes, and there was mould in all areas of the property except the hallway.
17. The Ombudsman recognises that the landlord undertook a clean and shield treatments (mould washes) in December 2022 and the resident advised she frequently washed down walls herself. This, used in conjunction with good practice to manage moisture levels, these can be an effective tool to prevent the spread of mould. Landlords must deal with the cause and consequences of damp and mould, not simply treat the symptoms. Throughout the complaint the resident said that mould had returned to previously treated areas which may suggest the cause/s of the damp and mould had not previously been correctly identified. She felt that the landlord relied too heavily on mould washing and that it quickly returned after washing. She also felt that the landlord did not truly consider the extent of the mould the household experienced as she said she frequently washed down walls herself.
18. Following the damp and mould inspection, the landlord clearly explained that temporary accommodation was not agreed but that it would reconsider and passed the matter to its decant manager who would review the documents the resident provided. This was a suitable approach and demonstrated the landlord treated her concerns seriously and would review her information.
19. Additionally, it promptly arranged for its ventilation specialist to inspect the property, which they did as confirmed by the resident in her July 2023 escalation request. Yet, the resident remained concerned about the potential cost and noise implications of installing a fan. The landlord acted reasonably by seeking advice from the contractor manager who said their fans were quiet and inexpensive to run. Nevertheless, the fan was not installed and it is unclear why. It appears the thermal boarding remains outstanding too.
20. Having been on notice of the recommended works as early 10 March 2023, it should have undertaken these within its routine repairs timescales – 20 working days. However, it failed to do so. In accordance with the landlord’s damp and mould policy, where it is unable to take immediate action, it should offer an interim solution and support to limit the impact. Landlords may offer to provide a dehumidifier and reimburse residents for the costs of using it while it undertakes works. This did not happen in this case and it seemed the landlord missed an opportunity to offer such an interim solution.
21. In March 2023 the resident said she could not afford to keep heating on when there was nobody home, given the cost of living and the increase in electric and gas charges. This came about after the landlord reiterated the observation from its technical inspector that the property was cold. The landlord appropriately explained it understood why the heating had been off during the day of the inspection as she had not been staying at the property and was in hospital with her child. The landlord asked the resident if she required financial advice or support, as it could refer her to its welfare benefits team who may help. It also asked if the resident would benefit from any additional support from social care. These were reasonable and proportionate steps for the landlord to take. Where a damp and mould problem may be perpetuated by property conditions such as cost of heating, it is reasonable for landlords to explore support or financial assistance needs with residents.
22. It is noted the landlord was informed as early as November 2022 and February 2023 that young children occupied the property and some had respiratory health conditions. It is therefore very concerning that the landlord did not carry out any risk assessments in this case given the repeated reports of damp and mould, particularly after the resident advised her child had been admitted to hospital. The resident had explained on a number of occasions that she felt the mould in the property adversely affected her children’s health and provided letters from her GP and child’s school. Under the Housing Health and Safety Rating System, damp and mould growth is classified as a hazard and it is the case that, the longer it is left untreated, the more damaging it can be to a person’s health.
23. Our Spotlight report also outlines that “landlords should recognise that issues can have an ongoing detrimental impact on the health and well-being of the resident and should therefore be responded to in a timely manner”. It continues that “landlords should consider appropriate timescales for their responses to reflect the urgency of the case and set these out clearly to manage resident’s expectations”. In this case, the household was left exposed to damp and mould for a prolonged period because of the landlord’s inability to co-ordinate remedial works promptly. Further, the adverse effect caused to the resident was likely to be more significant given the fact she occupied the property with a young child with health conditions.
24. In the resident’s escalation request she stated she had lost earnings and that the landlord’s £100 offer did not reflect this. It is also noted the resident said there was a missed appointment on 2 June 2024. The Ombudsman appreciates the distress caused when the resident has taken time off to accommodate contractors, only for appointments to be rescheduled. This would have caused frustration; and this was clearly a resident who wanted to engage and work with her landlord to resolve the mould issues and improve living conditions for her children. Our remedies guidance states it would not be fair or reasonable for the Ombudsman to order a landlord to pay a resident reimbursement for loss of earnings for repairs. However, there may be circumstances when the Ombudsman decides that it is appropriate to make an order for a landlord to pay compensation in recognition of the inconvenience caused, for example where the landlord had failed to resolve a repair issue.
25. In relation to the resident’s personal items damaged by mould, while this was not strictly raised in her formal complaint, she informed the landlord of this a few months prior. However, the landlord missed the opportunity to inform the resident on the next steps. It should have advised her to claim under her own contents insurance, or, if she did not have this, given the resident details of its own to enable her to pursue a claim. This was an oversight on the part of the landlord. As it is unclear if the resident has been provided with the landlord’s insurance details to date, a recommendation has been made below.
26. The resident confirmed to this service in February 2025 that the damp and mould had not been resolved and persisted in all areas of the property except the hallway. The extractor fan/vents and the thermal boarding appear to be outstanding to date, despite being recommended as early as March 2023. The Ombudsman has seen in November 2024 the landlord raised further works including installation of extractor fans. This appears to be the same recommended action from March 2023. In early 2025 it attempted to carry out works but did not gain access. This was a significant amount of time after the initial report of mould and the resident’s formal complaint.
27. While it was appropriate for the landlord to apologise for recognising that there was a significant delay and that repairs were not carried out in a timely manner, in this case, the complaints process did not serve to move the remedy for the damp and mould forward. Therefore, the landlord’s apology and offer of £150 compensation alone did not adequately put things right. This has considered the impact the landlord’s inaction had on the living conditions in the property and the time and effort spent pursuing the matter. It remains the case that recommended works remain outstanding almost 2 years after they were identified as necessary. Additionally, despite the resident continuing to report damp and mould and concerns about her children, she was not given clear times and dates of when suitable and lasting repairs would take place, contrary to the landlord’s policy.
28. Overall, the landlord’s handling of damp and mould was poor. It failed to undertake the recommended works within a reasonable time and failed to keep the resident regularly updated. Indeed, instead of it being proactive, it only appeared to react once the resident contacted it. The Ombudsman’s remedies guidance suggests compensation from £1,000 should be considered where there has been serious failings by the landlord that adversely affected the resident. This has been considered as part of the Ombudsman’s orders.
29. The Ombudsman has also seen the resident exchanged a number of emails about moving home and her available options. The resident informed the landlord that she was not good with computers/reading and that she needed help. The landlord did ask if she had any family that could support accessing online services and may bid for properties on her behalf. If not, it could look at what services might be able to provide this support for her. Another recommendation has been made for the landlord to reach out and ensure that the resident has appropriate support.

Determination

30. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of the resident’s reports of damp and mould.

Orders and recommendations

Orders

31. Within 28 days of the date of this report, the landlord must:
    1. Apologise for the failings identified in this report.
    2. Pay the resident a £1,000 made up of:
       1. £150 as offered in its stage 2 final response.
       2. A further £850 for the failings identified in its handling of reports of damp and mould.
    3. Inspect the property and ensure it has carried out appropriate remedial works including installation of thermal boarding and extractor fans/vents. The landlord must provide the Ombudsman and the resident with a report of the outcome of the inspection. If further works are required, it must undertake these within the same time period. It must also ensure any areas affected by damp and mould are made good.
32. The landlord must provide evidence that it has attempted to comply with the orders within the above timescale.

Recommendations

33. The landlord should:
    1. Provide information about its insurer to allow the resident to pursue a liability claim for belongings affected by mould, if it has not done so already.
    2. Contact the resident to signpost her to additional support, if she wishes.