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London Borough of Lambeth (202400048)

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REPORT

COMPLAINT 202400048

Lambeth Council

30 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

  1. The complaint is about:
    1. The landlord’s handling of the resident’s reports of damp and mould.
    2. The landlord’s handling of the resident’s complaint.

Background

  1. The resident has a secure tenancy agreement which commenced in 2001. The property is a 4-bedroom flat. There are no vulnerabilities recorded on the housing records for the resident, although she told this Service that she has arthritis and her husband has an autoimmune disease.
  2. The landlord carried out a damp and mould inspection on 29 August 2023. It was recommended a mould wash was applied in the bathroom and the extractor fan replaced. The surveyor also recommended that thermal boards were fitted to the external walls in the living room and 3 of the bedrooms. A job was raised on 6 September 2023 for the work to be completed. The landlord completed a mould wash in the bathroom on 20 September 2023.
  3. The resident made a complaint on 27 December 2023. She said a mould wash had been applied in the bathroom, but she was still waiting for an extractor fan to be fitted and no one had been in contact.
  4. The landlord issued its stage 1 complaint response on 3 January 2024 and said a job had been raised to fit an extractor fan and the work would be completed by 6 February 2024.
  5. The resident asked for her complaint to be escalated on 23 January 2023. She said the extractor fan was replaced on 18 January 2023, but the fan in the bathroom window had not been removed and her concerns about damp and mould had not been addressed.
  6. The landlord issued its final complaint response on 29 February 2024 and said it had completed a mould wash in the bathroom and its contractor would be in contact to arrange an appointment to fit the thermal boards.

Post complaint events.

  1. The resident’s complaint was accepted by this Service on 2 September 2023. She said she had experienced problems with damp and mould since moving into the property in 2001. She noted a mould wash was completed in the bathroom but no other work had been carried out.
  2. The landlord told this Service on 10 January 2025 that a damp monitoring system was installed in the property in December 2024. It also said the work to fit thermal boards in the living room and the 3 bedrooms had not been completed. A new job was raised with a target date of 19 February 2025.

Assessment and findings

Scope of the investigation.

  1. This Service encourages residents to raise complaints with their landlord in a timely manner. This is because with the passage of time, evidence may be unavailable and personnel involved may have left an organisation, which makes it difficult for a thorough investigation to be carried out and for informed decisions to be made.
  2. Taking into account the availability and reliability of evidence, it is considered fair and reasonable for this assessment to focus on the landlord’s handling of the events leading up to when the resident made a complaint in December 2023 up to the landlord issuing its final complaint response in February 2024.
  3. In considering the landlord’s response to the complaint, it is noted that the resident has referred to a possible impact upon her husband’s and her own health. Whilst these concerns have been referenced in this report, it should be noted that this Service is not in a position to make findings about the possible impact of the issues under investigation on a resident’s health, as this would be more appropriate for a court to consider. In this respect, the resident is advised to seek legal advice if she wishes to take her concerns further.

 

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

  1. The landlord has a duty to carry out repairs and works in accordance with the resident’s tenancy agreement. This confirms the landlord is responsible for maintaining the structure of the building.
  2. The landlord also has an obligation to ensure it complies with the Housing, Health and Safety Rating System (HHSRS). The HHSRS does not specify any minimum standards, but it is concerned with avoiding or minimising potential health hazards. Damp and mould are potential hazards that can fall within the scope of HHSRS. 
  3. Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified. Whilst reasonable timescales are not defined in law, the potential health risks from damp and mould are significant.
  4. The landlord’s repairs and damp policy says it will arrange an inspection within 28 days of receiving a report of damp and mould. It also says it will agree an action plan with the resident to resolve the problem, including setting out the timescales for completing any identified work. Mould washes are completed within 7 days. Routine repairs are completed within 28 working days. Residents who experience persistent mould are offered a point of contact.
  5. The housing records confirm the resident contacted the landlord on 7 August 2023 and noted there was damp and mould in her home. She said an inspection had been carried out the previous year, but no work had been done. It was appropriate for the landlord to arrange an inspection for 29 August 2023 in accordance with its damp and repair policy. This demonstrated it took the resident’s concerns seriously and wanted to put things right for her.
  6. Damp and mould were identified in the bathroom, living room and 3 of the bedrooms during the inspection on 29 August 2023. It was recommended the walls in the bathroom were stripped and a mould wash applied. It was also recommended the bathroom extractor fan was replaced and thermal boards were fitted on the external walls in the living room and 3 of the bedrooms.
  7. There is no evidence an action plan was agreed with the resident at this point. This was not in accordance with the landlord’s repairs and damp policy and meant the resident was unclear on what action was being taken by the landlord to address her concerns. This was a failure.
  8. Whilst it was appropriate for the landlord to raise a job on 6 September 2023 to complete the work, there is no evidence the resident was provided with an update. This was a further failure. This Service’s spotlight review on damp and mould (published October 2021) highlights the importance of landlords clearly communicating with residents and sharing relevant information to ensure they have confidence in it and understand the next steps. This includes explaining if follow up work is required and providing a clear timetable for any future works. If there is any slippage to the timetable, landlords are encouraged to inform residents as soon as possible and explain why the timetable has changed.
  9. Whilst the landlord completed a mould wash in the bathroom on 20 September 2023, this was outside the target timescales set out in its repairs and damp policy. No other work was completed at this point and there is no evidence the resident was provided with an update. Neither did it respond to her request for updates made in October 2023, November 2023 and December 2023.
  10. The lack of engagement was unreasonable and contrary to the approach required under the HHSRS. The landlord also failed to demonstrate that it considered the learning identified in the Ombudsman’s spotlight review on damp and mould. It also supports the resident’s view that the landlord was no longer taking her reports seriously and is further evidence that it did not adopt a proactive approach in seeking to resolve the issue for the resident.
  11. The housing records confirm the landlord did not raise a job to replace the extractor fan until 27 December 2023 and only did this after the resident made a complaint. The landlord’s failure to do this caused delays and inconvenience and distress for the resident. It was appropriate for the landlord to tell the resident on 3 January 2024 that a job had been raised to replace the extractor fan and this would be completed by 6 February 2024. This demonstrated it wanted to put things right for her.
  12. The bathroom extractor fan was replaced on 18 January 2024; some 4 months after the damp and mould inspection was carried out. It was reasonable for the landlord to check the extractor fan that was in the bathroom window at the same time and to confirm it was in working order. It did not, however, respond to the resident’s e-mail of 23 January 2024 in which she asked for an update and noted she had previously been advised the bathroom window extractor fan would be removed. This was not appropriate, is further evidence of poor communication by the landlord and led to the resident having to escalate her complaint.
  13. Whilst the landlord noted on 29 February 2024 in its final complaint response that the job to fit the thermal boards had been passed to its contractor, it did not tell the resident when the work would be done. This was a failure and meant the resident was unclear on what action the landlord was taking to address her concerns.
  14. When considering how a landlord has responded to a complaint, this Service considers not just what has gone wrong, but also what the landlord has done to put things right in response to the complaint. This includes the steps the landlord has taken to address the shortcoming and prevent a reoccurrence, as well as any compensation offered. In this case, the landlord failed to identify any learning from the complaint or offer compensation for the delays in carrying out the work.
  15. In summary, there were unreasonable delays in completing the work. The landlord did not keep the resident updated and it is evident she had to continually chase matters up. It also failed to offer compensation or identify any learning.
  16. It is evident the situation caused the resident distress and she was concerned about the implications of the damp and mould. She shared these concerns with the landlord, but it failed to act on this information. In this case, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould for which it is ordered to pay £400 compensation.

The landlord’s handling of the resident’s complaint.

  1. The landlord’s complaints policy comprises of two stages. Complaints are acknowledged within 2 working days, with stage 1 complaints responded to within 20 working days. Stage 2 complaints are responded to within 25 working days.
  2. The landlord’s compensation policy says compensation can be awarded where there has been an adverse impact on a resident. Examples of service failures include unjustified delays and failure to follow policies, procedures and published standards.
  3. The housing records confirm the resident made a complaint on 27 December 2023. The complaint was acknowledged on the same day and the resident advised she would receive a response by 25 January 2024. Whilst this was in accordance with the landlord’s complaints policy, there is no evidence it sought to understand the resident’s complaint or the outcomes she was seeking. This was not in accordance with the Ombudsman’s Complaints Handling Code (the Code).
  4. The landlord issued its stage 1 complaint response on 3 January 2024 in accordance with the timescales set out in its complaints policy. Whilst the landlord addressed the resident’s concerns about the extractor fan, it did not respond to her complaint about the other work. This was a failure. The Code says landlords should address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
  5. The resident asked for her complaint to be escalated on 23 January 2024. She said her complaint was about damp and mould in her property and this was not addressed in the stage 1 complaint response. She also noted she had previously been advised that the fan in the bathroom window needed to be removed but this was not done.
  6. The escalation request was not acknowledged by the landlord until 1 February 2024; some 8 days after the complaint was raised. This was not in accordance with the timescales set out in its complaints policy and led to a delay in the landlord issuing its final complaint response.
  7. The landlord issued its final complaint response on 29 February 2024. It said a mould wash had been applied and the bathroom had been redecorated. It also noted the work to fit thermal boards had been passed to its contractor to complete. No timescales for completing the work were provided and the landlord failed to address the resident’s concerns about the fan in the bathroom window. This was a further failure. The landlord also failed to identify any learning from the complaint.
  8. In summary, the landlord did not seek to understand the resident’s complaint and there were delays in acknowledging and responding to her stage 2 complaint. The landlord also failed to address all of the issues raised by the resident. . It is evident the situation caused the resident inconvenience and distress. She had to chase up the landlord on numerous occasions for an update. Despite doing this, she remained unclear on what steps were being taken by the landlord to address her concerns. In this case, there was maladministration by the landlord in its handling of the resident’s complaint and it is ordered to pay her £100 compensation. 

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s complaint.

Orders

  1. Within 4 weeks of the date of this report, the landlord is ordered to apologise to the resident for the failings set out in this report. A copy of the apology letter must be shared with this Service.
  2. Within 4 weeks of the date of this report, the landlord is ordered to pay the resident £500 compensation. This must be paid directly to the resident and made up as follows:
  1. £400 for the distress and inconvenience caused to the resident by its handling of her reports of damp and mould
  2. £100 for the distress and inconvenience caused to the resident by its handling of her complaint
  1. Within 4 weeks of the date of this report, the landlord is ordered to write to the resident setting out its position regarding the fitting of the thermal boards. The letter should set out the timescales for when the work will be done, if they have not already been completed. A copy of the letter should be provided to this Service.
  2. Within 4 weeks of the date of this report, the landlord is ordered to write to the resident setting out its position regarding the bathroom window extractor fan and if appropriate, arrange for its removal. A copy of the letter should be provided to this Service