London Borough of Barnet (202428033)

REPORT

COMPLAINT 202428033

London Borough of Barnet

27 June 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 the resident’s:
1. Reports of issues with the drains, damp, and mould.
2. Associated complaint.

Background

The resident has a secure tenancy with the landlord. She lives there with her 2 children. The landlord was aware of her vulnerabilities.
The resident was moved into this property by the landlord in 2022 on a temporary basis, due to her previous property having damp and mould issues. The landlord offered the property to her as a permanent move in May 2023.
In December 2022 the resident told the landlord the drain was blocked outside her property, and it was flooding the front of her house.
In February 2023 the resident reported a leak from the roof.
On 19 February 2024 the resident made a complaint to the landlord. She said there was a leak that was affecting the walls in her kitchen and bathroom. She wanted it to resolve the leak permanently or tile the walls, so it was easier for her to clean the mould.
The landlord issued its stage 1 complaint response on 6 March 2024. It upheld the complaint and:
1. Apologised for the delays and lack of communication.
2. Said on 14 February 2024 the resident asked it for an update on repairs. It failed to inform her there were no outstanding repairs and did not record a new job for the issues she reported.
3. As the resident said the damp and mould was related to an external problem it had instructed a specialist drainage company to inspect the drains.
4. Said tiling the bathroom and kitchen may be something she needs to do herself.
5. It would contact her on 13 March 2024 for an update.
The resident escalated her complaint on 14 July 2024 as she said no works had been carried out. She said when it rained the front of her property floods and obstructs them from accessing the property.
The landlord issued its stage 2 complaint response on 16 August 2024. It upheld the complaint and said the drain specialist identified a hole in the drainpipe. It apologised for the delay in the follow-on works being raised. It said all works were completed on 31 July 2024.
The resident approached our service as she was unhappy with the landlord’s response. At the date of this investigation, she said the damp and mould had not been resolved. She said the mould was damaging her belongings and she was struggling to wash it off the walls due to her mobility issues.

Assessment and findings

Drains, damp, and mould

We find maladministration for the landlord’s handling of the resident’s reports of an issue with the drains, damp, and mould. The reasons for our findings are below.
The landlord’s repairs policy states for emergency repairs it will make them safe within 4 hours and complete within 24 hours. For responsive repairs it will complete them within 15 working days. The policy states that when there is water penetration, once works have been completed it will carry out an inspection.
Landlords are required to create and maintain adequate records to be able to demonstrate that they have complied with their policies and procedures. 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. There was a failure in this case to record information about all of the repair appointments, and its communication with the resident and contractors. This lack of records has impacted this service’s ability to carry out a thorough investigation. It is likely to have affected the landlord’s ability to manage its investigations into the cause of the damp and mould, and the works needed to resolve it.
From the evidence provided it is unclear when the resident first reported that her outside drain was blocked and was causing flooding to the front of her property. On 14 November 2022 the landlord inspected the resident’s property. Its records state that further investigations of the outside drain were needed. On 8 December 2022, the landlord said it cleared the drain, and it was free flowing.
On 30 January 2023 and the resident reported the same issue. There was no evidence the landlord responded to her or took any action to investigate the issue further. This was a significant failure.
The landlord’s evidence shows in November 2023 the resident reported damp and mould. The resident told this service she had a leak from her attic, which the landlord carried out works to resolve this in February 2023. She said the damp and mould worsened after this. The landlord acted appropriately by carrying out a damp and mould survey on 27 November 2023. The landlord carried out the works recommended in the survey on the 4 and 15 December 2023, which was within its target timescale for responsive repairs. The landlord carried out a mould wash, replaced the kitchen fan, and fitted a bathroom fan.
Between December 2023 and February 2024, the resident chased the landlord for updates on the works to resolve the damp and mould in her kitchen and bathroom. She said she thought this was an issue with the external drains and that the landlord’s plumber had told her a CCTV survey of the drains was needed, but this was never carried out. In its stage 1 response the landlord failed to acknowledge that the issue with the drains had been outstanding for over a year.
A CCTV survey was carried out on the drain on 12 March 2024. It found a hole in the pipework and recommended the landlord should install a patch liner. The landlord said in its stage 2 response this work was completed on 31 July 2024. However, no evidence has been provided to confirm this. In August 2024 the landlord’s records show internal emails were sent asking if the patch liner had been installed. One email stated that the work order was rejected. In October 2024 the resident reported the outside drain was flooding again, and she still had damp and mould inside the property.
Once a landlord has completed repairs it must take action to monitor the effectiveness of those repairs. It was unreasonable for the landlord to assume the damp and mould and drain issues had been resolved and put the onus on the resident to report further issues. A landlord must take a proactive approach to repairs. If the landlord had carried out a post-inspection in line with its repairs policy it may have identified that the issues had not been resolved, without the resident having to report the problem again.
When the resident reported the same issues, it was reasonable to expect the landlord to draw from its previous records to ensure it had a holistic view of previous investigations and works. Instead, it opted to default to works that it had carried out before, such as mould washes and painting over the damp and mould. This was not pro-active or resolution focused. The landlord acted unreasonably by failing to ensure they understood the root cause of the matter.
It was reasonable that the landlord carried out further investigations of the damp and mould in November 2024 and inspected the drains and flooding outside the property again in February 2025. However, the resident had been reporting these issues for over 2 years. There was no evidence the landlord investigated or communicated with the resident about whether interim measures could have prevented the damp and mould from getting worse while it carried out further investigations. This could have included dehumidifiers, a decant, or referrals to support services. It was unreasonable the landlord left the resident and her children living with the damp and mould for a significant period with no consideration of any interim measures or support.
The landlord told this service that during the complaints procedure the resident expressed concerns about the impact of the damp and mould on her and her children’s health. It was unclear if the landlord was aware that the resident and one of her children has asthma; however, it was aware of her mobility issues, and she had said this was impacting her ability to clean the mould. No evidence was provided to show the landlord responded to the resident’s concerns, showing a lack of empathy. We would have expected to see the landlord assess the level of risk and evidence it had considered all options available to it to support the resident and her children.
The resident asked the landlord to tile her kitchen and bathroom to make it easier for her to clean the mould off the walls. In the landlord’s stage 1 response it said it may be her responsibility to do this and would update her. No evidence was provided that the landlord confirmed who’s responsibility this was.
There was evidence of poor communication from the landlord throughout this investigation. The landlord was responsible for updating the resident, setting expectations of when visits will take place, and notifying the resident if delays were expected. The lack of communication from the landlord left the resident in a position where she did not know if the issues would be resolved. This led her to reporting the same issues several times and chasing updates. The landlord acted inappropriately by failing to effectively communicate with the resident and manage her expectations.
In summary, there were delays in investigating and carrying out repairs to resolve the issue with the drains, damp, and mould. The landlord did not complete sufficient investigations to establish the cause of the damp and mould and failed to show it had completed all the recommended works. It failed to consider if any interim measures were required to manage risks to the resident and her household. It showed no empathy towards the resident’s situation and offered her no support. There was evidence of poor communication and record handling. The landlord acknowledged and apologised for the delays; however, the landlord should have considered compensation for the distress, inconvenience, and time and trouble caused to the resident.
The landlord has failed to put things right as damp and mould is on-going and it has not determined the root cause of the issues. It has not shown any learning from this case. The landlord moved the resident into this property due to damp and mould issues in her previous property. Therefore, it should have been aware of the significant impact living in another property with damp and mould was having on her and her children.

Complaint handling

We find service failure for the landlord’s handling of the resident’s associated complaint. The reasons for our findings are below.
The landlord’s complaints policy states it will acknowledge complaints within 5 working days. It states it will respond to stage 1 complaints within 10 working days, and stage 2 complaints within 20 working days.
The resident made a complaint to the landlord on 19 February 2024. The landlord acknowledged the complaint on 21 February 2024 and issued its stage 1 response on 6 March 2024. This was within its target timescales.
In the landlord’s stage 1 response it told the resident it would enquire whether it could install tiles on her walls after it had cleared the drains. There was no evidence the landlord investigated this or provided the resident with an update. This was a failing.
The resident escalated her complaint on 14 July 2024. The landlord acknowledged this on 17 July 2024 and issued its stage 2 response on 16 August 2024. Although this was outside its target timescale, the landlord acted appropriately by informing the resident that there would be a delay and provided her with a date she should expect its response.
The landlord’s stage 2 complaint response was very brief. In the resident’s escalation request she did not say what works she was referring to, and there was no evidence the landlord tried to contact the resident to understand her complaint. The landlord’s response failed to state what works were completed and whether these had resolved the issues with the drains, damp and mould. This left the resident without a resolution to her complaint.
In summary the landlord responded to the complaint within its target timescales. However, it failed to provide an update on the tiling as promised in its stage 1 response. It failed to show it fully understood the resident’s complaint in its stage 2 response, and that it investigated all the issues she raised. The landlord did not show any learning from the complaint. We feel the landlord should offer redress for the time and trouble caused to the resident for the landlord’s complaints handling.

Determination (decision)

In accordance with paragraph 52 of the Scheme there was maladministration in respect of the landlord’s handling of the resident’s reports of issues with the drain, damp, and mould.
In accordance with paragraph 52 of the Scheme there was service failure in respect of the landlord’s handling of the resident’s associated complaint.

Orders and recommendations

Orders

Within 4 weeks of the date of this report the landlord must:
1. Apologise to the resident in writing for the failings identified in this report.
2. Pay the resident £900 compensation. The compensation should be paid directly to the resident and not paid onto their rent account unless the resident requests this. The compensation is broken down as:
  1. £800 for the distress, inconvenience, time and trouble caused to the resident by the landlord’s handling of her reports of issues with the drains, damp, and mould.
  2. £100 for the time and trouble caused to the resident for the landlord’s handling of her associated complaint.
3. Write to the resident and confirm that all the follow–on works that were recommended in the surveys and investigations carried out by the landlord have been completed. The landlord should provide evidence of when the works were carried out. If any of the works have not been carried out the landlord must provide the resident with a timescale of when they will be completed within 4 weeks of this report. The works include:
  1. Installing a patch liner on the outside drain.
  2. Supply and lay loft insulation.
  3. Open vent on chimney stack and clean.
  4. Inspect flashing and pointing on chimney.
  5. Install a surface water channel drain at the front of the property.
4. Instruct an independent damp and mould specialist to determine the cause of the damp and mould in the property. The surveyor must consider whether the outside drain and flooding could be a cause of the damp and mould. If works are needed, the landlord must discuss a plan of works with the resident and provide a timescale for when they will be completed.
5. Provide the resident with a response on whether it will tile her kitchen and bathroom walls as promised in its stage 1 response.
6. Provide the resident with information about its liability insurers and provide advice on whether she can make a claim for the damage to her belongings from the damp and mould.

Recommendations

The landlord should review its staff’s training needs to ensure its staff:
1. Respond to requests for repairs appropriately and progresses works orders in accordance with its relevant policies and procedures. Making sure residents are updated and informed about appointments and delays.
2. Are keeping relevant records up to date and making sure information is accessible to all relevant parties.
3. Respond to formal complaints appropriately. It should ensure all relevant officers do so in an efficient and timely manner, and in accordance with its policies and procedures and the Complaint Handling Code.