London Borough of Lewisham (202322044)

REPORT

COMPLAINT 202322044

Lewisham Council

28 January 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:
1. Response to reports of damp and mould.
2. Complaints handling.

Background

The resident has lived in the property as a secure tenant since April 2018. The property is a 1-bedroom ground floor flat. The resident and her husband have physical disabilities, which affect their mobility.
Records show the landlord did work in response to reports of damp and mould between November 2019 and September 2021. This included inspections, installing fans, and mould washes.
On 20 June 2023, the landlord did a damp and mould survey at the property. This found very high humidity readings in the bedroom and living room. It said there was mould on the walls and ceilings. It recommended removing wallpaper, doing a mould wash, and applying stain block emulsion.
On 30 August 2023, the resident complained that the landlord had not investigated the cause of damp, which she believed was underground. She said mould washes did not solve the problem as the damp returned 4 weeks later. She said her husband had chronic obstructive pulmonary disease (COPD) and she was concerned the damp would be harmful to his health.
In its complaint response on 25 September 2023, the landlord said drain surveys had found no leaks. It said it would arrange another survey to ensure there had been no recent leaks. It said following the inspection in June 2023, it had tried to do work on 2 August 2023, but the date was not convenient for the resident. It said a housing officer had visited and explained that the resident needed to move her belongings before it could do the work. It said it had rescheduled the work for 18 September 2023, but it had not been able to do the work as the resident had not cleared the rooms. The landlord asked the resident to let it know when she had cleared space.
On 27 September 2023, the Ombudsman told the landlord that the resident wanted to escalate her complaint. The resident said her carpet was soaking and the landlord had not investigated the drains under her flat for leaks. She said that because of their disabilities they could not move heavy items.
In its final response on 12 October 2023, the landlord said it had asked the resident to let it know when she had cleared the space, so it could arrange to start work. It said without the resident’s cooperation it was unable to do the work. It said the tenancy agreement outlined the resident’s responsibility to provide access and failure to do this may result in legal action. It said it had arranged a new appointment for 13 November 2023 and hoped the resident would have cleared the areas by the time of the appointment.
In January 2025, the resident told the Ombudsman that nothing had happened since the landlord’s final response. She said she believed the damp and mould was due to a burst underground pipe, and the landlord had done an investigation outside the property but not under her flat. She said the landlord had not offered any support to move her belongings. She said she wanted to move and compensation as the damp and mould had destroyed her clothes and furniture. She said the landlord had not given her information about making an insurance claim.

Assessment and findings

The scope of the investigation

The Ombudsman has noted that the resident said there had been a problem with damp and mould since she moved into the property. In investigating this complaint, the Ombudsman will look at the landlord’s actions in the 12 months before the resident made a complaint in August 2023. This is because under paragraph 42.c of the scheme, the Ombudsman may not consider matters that the resident did not bring to the attention of the landlord as a formal complaint within a reasonable period. This would normally be within 12 months of the matters arising.
The resident said she wanted compensation for damage to her personal property. After carefully considering the evidence, in accordance with paragraph 42.f of the Scheme, the Ombudsman cannot consider compensation for damage to personal property. This is because the Scheme says that the Ombudsman will not investigate complaints which “concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, other tribunal or procedure.” This means it is not within the Ombudsman’s authority or expertise to award damages in the way an insurance procedure or court might. However, the Ombudsman can assess whether the landlord followed proper procedures and behaved reasonably when considering damage to the resident’s property.
The resident told the Ombudsman that as an outcome she wanted the landlord to move her to another property. As the resident did not raise this in her complaint to the landlord, the Ombudsman will not consider this issue as it did not form part of the complaint the landlord considered.

The landlord’s response to reports of damp and mould

The landlord is responsible under section 11 of the Landlord and Tenant Act (1985) for keeping in repair the structure of the property. This means the landlord has a general obligation to repair the property. The landlord’s repairs policy confirms it will meet its legal obligations.
The repairs policy says the landlord will take a ‘right first time’ approach, it will manage repairs, and the resident will not have to chase work. It says where it cannot complete work in a single visit, it will schedule follow-up appointments and keep the resident informed. It says it will do routine repairs within 20 working days.
The repairs policy also says residents must give reasonable access to their home and this is a legal requirement and condition of the tenancy. However, the policy also says it has flexibility to consider where it can make reasonable adjustments if a need is found that may require an alternative solution.
The landlord’s damp and mould policy says it treats all reports seriously. It says it wants to be fair and will take a “solution focused approach” wherever it can. It says this may involve considering a specific circumstance or risk when acting. It says this puts the resident at the centre of resolution. The policy also says the landlord will consider where households may be less able to do certain activities without extra support.
The Regulator of Social Housing Tenant Involvement and Empowerment Standard 2017 says landlords will provide choices, information, and communication appropriate to the diverse needs of residents. It goes on to say that landlords will demonstrate they understand the different needs of residents, including in relation to equality and additional support needs.
There is evidence of reports of damp and mould in the property going back to 2019 and the landlord appears to have responded to these. Reports before August 2022 are outside the scope of this investigation, and because of this the Ombudsman will not comment on whether the landlord acted reasonably on these reports. However, the Ombudsman would expect the landlord to take earlier reports into consideration when responding to new reports.
The landlord did a damp and mould survey of the property on 20 June 2023. The Ombudsman has not seen a record of what led to the landlord doing this survey, and because of this cannot comment on whether it acted reasonably.
Records show that the survey found very high humidity readings and mould on walls and ceilings. It recommended remedial work including stripping wallpaper, mould washes, and applying mould block to walls and ceilings. The survey did not find a cause of the damp and mould. Taking into consideration the history of reports of damp and mould at the property, the Ombudsman would expect the landlord to look for the cause.
The resident contacted her MP who complained on the resident’s behalf on 30 August 2023. She complained that the survey had not found the cause of damp and mould and that mould washes were not enough as the damp returned 4 to 6 weeks later. She expressed concerns about the effect the damp and mould could have on her and her husband’s health.
Records show the landlord arranged a camera survey of drains around the block of flats on 22 September 2023. This was a reasonable step to take. However, it is unclear why the landlord did not do this sooner and whether this was in response to the complaint. The Ombudsman has not seen the outcome of the camera survey and because of this is unable to comment on what the survey found.
In its complaint response on 25 September 2023, the landlord said it had arranged drain surveys to find out if leaks had caused damp and mould. It said these had found no leaks, but it would arrange another survey.
The landlord also said that following the inspection on 5 June 2023, it had arranged work to strip wallpaper, do a mould wash, and apply sealer and emulsion paint to walls and ceilings. It said it tried to do this work on 2 August 2023, but the date was not convenient for the resident. It said it then arranged for a housing officer to visit to arrange a suitable date and had explained to the resident that she would need to move her belongings before it could do the work. The landlord said it had rescheduled the work for 18 September 2023 but had not been able to do it as the resident had not cleared the rooms. It said it was now waiting for the resident to move her belongings.
It is unclear why the landlord offered to do another drain survey when records show it did one on 22 September 2023. It would have been reasonable to share the findings of this survey with the resident in its complaint response.
The Ombudsman has noted that the landlord was aware of the resident’s disabilities and the concerns she had about her husband’s COPD. In its damp and mould policy, the landlord says it will consider whether some residents may be less able to do activities without extra support. The Ombudsman has seen no evidence the landlord considered the resident’s disabilities when it asked her to move her belongings. In its complaint response, there is no evidence the landlord tried to find a solution to support the resident, as it said it would do in its repairs, and damp and mould policies. Because of this, the Ombudsman has found there was a failure by the landlord at this time to follow its policies and make reasonable adjustments.
When the resident escalated her complaint on 27 September 2023, she again referred to her husband’s disabilities and explained that this meant they were not able to move their belongings.
In its final response on 12 October 2023, the landlord again told the resident she needed to move her belongings before it could do the work. It went on to say that the resident had signed a tenancy agreement outlining her responsibilities, and this contract specifically included information about giving the landlord access. It said a failure by the resident to meet her obligations may be a breach of contract, which may result in legal action, including an injunction, possession proceedings, and associated legal costs.
It is the Ombudsman’s view that this was heavy handed language, which was unnecessary and unreasonable in the circumstances. This caused distress to the resident, who had told the landlord she was unable to move her belongings. By taking this position, the landlord did nothing to resolve the problem with damp and mould and did not meet its repair obligations to the resident. It is the Ombudsman’s view that this was a significant failure.
Overall, the Ombudsman has found the landlord did not consider the resident’s disabilities or what adjustments it could make when dealing with the reports of damp and mould. Because of this, the landlord did not pay regard to its responsibilities under the Equality Act 2010. It also did not provide the resident with choices that met her needs, as set out in the Tenant Involvement and Empowerment Standard 2017. By not considering reasonable adjustments, the landlord also did not follow what it said it would do in its policies.
In its final response, the landlord told the resident that it had made a new appointment for 13 November 2023. In January 2025, the landlord told the Ombudsman that it had no record of attending the appointment. The resident also told the Ombudsman in January 2025 that there was still damp and mould in the property and the landlord had done nothing since its final response.
Records provided by the landlord show appointments after the final response, including a drain survey of the exterior of the block on 30 October 2023. There is also a record of an outside tap leaking in July 2024, which was causing damp in the resident’s property. Records also show the landlord provided a dehumidifier in October 2024. On 19 November 2024, an internal email noted the landlord was concerned about the conditions in the property and there was a disrepair case. It said the “bedroom carpet is sodden”, and it had treated damp and mould “to no avail” several times. It acknowledged the residents having “medical issues”, including COPD. It also referred to the residents having too many belongings to do the works.
In January 2025, the resident told the Ombudsman that the landlord had done nothing and there was still damp and mould in the property. The Ombudsman is unclear what the current position is and is concerned about whether the property is free from category 1 hazards under the Housing Health and Safety Rating System (HHSRS). Because of this, the landlord must arrange a full inspection of the property, which includes looking at the source of the damp and mould. It must share the findings of the survey with the resident and tell the resident what work it needs to do, if any, to resolve the cause of the damp and mould. It must also set out what remedial works it needs to do. Where it needs to do work, the landlord must consider its obligations to support the resident, as set out in its policies.
Because of these failings, the Ombudsman has found there was maladministration by the landlord in the way it managed reports of damp and mould. The property is a 1-bedroom flat, which means the damp and mould in the bedroom and living room had a significant effect on the resident’s enjoyment of her home. The failure to do the repairs caused significant distress for the resident because she was concerned about the effect the damp and mould could have on her and her husband’s health. The resident also experienced inconvenience, as she took time and trouble chasing the landlord about the repairs.
In line with the Ombudsman’s remedies guidance, the Ombudsman finds maladministration in cases where there has been a significant failure. Because of this, the Ombudsman orders the landlord to compensate the resident with £200 for distress caused and £100 for inconvenience.
The landlord must also compensate the resident for loss of enjoyment of her home for the period from when the survey took place on 20 June 2023 until the date of its final complaint response on 12 October 2023. Compensation should be based on 10% of the resident’s rent. However, as the landlord has not completed the repairs, the Ombudsman also orders the landlord to pay the resident further compensation for loss of enjoyment of her home. The landlord must pay this at 10% of rent from the time of the final response until the date of the Ombudsman’s report.
Records provided by the landlord show weekly rent was £96.78 from 20 June to 31 March 2023 and £104.23 from 1 April 2024. Because of this, the landlord must pay compensation for loss of enjoyment of her home as follows:
1. 41 weeks at 10% of £96.78 = £396.80.
2. 44 weeks at 10% of £104.23 = £458.60.
3. Total = £855.40.
The resident complained that the damp and mould had damaged her personal property. The Ombudsman has seen no evidence that the landlord provided the resident with information on how to make a claim against its insurance. The Ombudsman would expect the landlord to provide information to the resident in these circumstances. Because of this, the Ombudsman orders the landlord to provide the resident with clear information on how to make an insurance claim.

The landlord’s complaints handling

The landlord’s complaints policy says it will acknowledge a complaint within 5 working days and send a response within 10 working days. When a resident escalates a complaint, the landlord will send a final response within 20 working days. This is in line with the Ombudsman’s Complaint Handling Code.
Records provided by the landlord show a MP made a complaint on the resident’s behalf on 30 August 2023. The landlord did not acknowledge the complaint until 11 September 2023 and did not send a complaint response until 25 September 2023. This took 18 working days and was outside the timescales in the landlord’s complaints policy and was a minor failure.
The Ombudsman escalated the complaint on the resident’s behalf on 27 September 2023, and the landlord sent its final response on 12 October 2023, which was 12 working days later.
The Ombudsman has found there was no maladministration by the landlord in the handling of the complaint. This is because there was little detriment to the resident. While there was a delay in responding at stage 1, the landlord responded within timescales at stage 2. This meant the overall number of working days from the point the resident first complained until the landlord sent its final response was only 32 working days. This was reasonable in the circumstances.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was:
1. Maladministration by the landlord in respect of its handling of reports of damp and mould.
2. No maladministration by the landlord in respect of its complaints handling.

Orders

The landlord must apologise to the resident for the failures found in this report.
The landlord must arrange a full inspection of the property, which includes looking at the source of the damp and mould. It must share the findings of the survey with the resident and tell the resident what work it needs to do, if any, to resolve the cause of the damp and mould. It must also set out what remedial works it needs to do. Where it needs to do work, the landlord must consider its obligations to support the resident, as set out in its policies.
The landlord must pay £1155.40 compensation to the resident for failures in the handling of reports of damp and mould. The landlord should pay this directly to the resident and not offset it against any arrears. Compensation includes:
1. £855.40 for loss of enjoyment of her home.
2. £200 for distress caused.
3. £100 for inconvenience.
The landlord must provide the resident with clear information on how to make an insurance claim.
The landlord is to provide the Ombudsman with evidence of compliance with the above orders within 4 weeks of the date of this report.