A2Dominion Housing Group Limited (202420939)

REPORT

COMPLAINT 202420939

A2Dominion Housing Group Limited

30 May 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 reports of damp and mould in the property.

Background

The resident is an assured tenant of the property under an agreement dated 13 April 2009. She lives in a 3 bedroom house with two of her sons. The landlord is a housing association. The resident has said that her son has asthma and is autistic.
The landlord said the resident first reported damp and mould in her property on 11 January 2024. It attended to treat the mould on 5 February 2024. The resident then reported that the mould had returned and spread on 18 April 2024, and the landlord attended to carry out treatment on 19 April 2024.
The resident raised a formal complaint to the landlord on 25 April 2024. She said:
1. she had an annual boiler check carried out on 24 April 2024 and the engineer who attended found that the gas levels were lower than normal. The engineer said this needed to be reported.
2. there was an ongoing issue with mould at her property and she needed the landlord to check for damp in the roof and the walls.
3. she wanted to decorate but could not because of the risk of the mould coming back or spreading.
4. the mould was affecting her family’s health.
The landlord provided its stage 1 complaint response on 1 May 2024. It said:
1. it upheld the complaint.
2. a supervising engineer was going to attend the property on 8 May 2024 to investigate the boiler issue further.
3. a repair request for damp and mould in the bedroom was raised on 11 January 2024 and attended on 5 February 2024. An operative washed down the walls and part of the ceiling in 3 bedrooms during this visit.
4. a further repair was raised on 18 April 2024 and attended on 19 April 2024. The operative who attended washed the affected areas and painted the inside of an affected cupboard with anti mould paint.
5. it acknowledged that due to the severity and recurring nature of the issue, a survey should have been carried out instead of the second treatment. Its damp and mould team would oversee any remaining work and act as the resident’s point of contact until completion.
6. it was offering the resident £135 discretionary compensation comprised of £85 for length of time and £50 for inconvenience.
The resident contacted the landlord on several occasions between May 2024 and July 2024 to report that the damp and mould in her property had returned and was spreading. She expressed concerns about her own health and that of her sons.
A contractor carried out a damp and mould inspection at the resident’s property on 26 July 2024. The contractor found several issues during the inspection, including mould in 4 rooms of the house and a leak from the rear guttering. The contractor recommended a schedule of remedial works with a re-inspection to take place 6 months after all works had been completed.
Following a phone call with the resident on 8 August 2024, the landlord confirmed that it would escalate her complaint about ongoing damp and mould to stage 2 of its internal complaints process.
The landlord provided its stage 2 complaint response on 19 August 2024. It said:
1. it had raised a purchase order for the works identified in the survey to a contractor on 6 August 2024. The contractor should be in touch with the resident to arrange dates for the works to take place by 3 September 2024.
2. it had not upheld the complaint as the resident’s reports of damp and mould had been attended within a reasonable timescale.
The resident brought her complaint to this Service on 29 August 2024. She said she felt that her house was not healthy or safe for her family and wanted to move.

Post ICP events

The landlord raised a second complaint for the resident following contact from the local council on 11 October 2024, in which it requested that the damp and mould be resolved. The landlord provided its stage 1 response on 24 October 2024 and acknowledged delays in completing the works set out following the inspection in July. It said the delays were due to the contractors awaiting an asbestos check which had now been completed. It offered the resident a further £210 compensation for time and trouble, stress and inconvenvenience, and poor communication.
The landlord contacted the resident to inform her that the contractor had confirmed all works were complete on 21 February 2025.
In recent correspondence with this Service, the resident has said that the damp and mould has spread throughout her entire property and the remedial works have not been completed. She said she has been unable to use her living room because of the damp and mould and her belongings have been damaged. The resident would like for all remedial works to be completed and to receive financial compensation for her damaged belongings.

Assessment and findings

Scope of investigation

The resident raised several additional concerns within the landlord’s internal complaints process, including issues with an overgrown tree and repairs to garden decking. In correspondence with this Service, the resident has confirmed that she would only like us to investigate the damp and mould aspect of the complaint. On this basis, we have only assessed the landlord’s handling of the damp and mould.
The resident said the issues in the property have impacted her family’s health and wellbeing. When there is an injury or a pre-existing medical condition that has been exacerbated, the courts often have the benefit of a medical report. This will usually set out the cause of the injury and the prognosis. That evidence can be examined and cross-examined during a trial.
As a result, these matters are better suited to consideration by a court as a personal injury claim and if the resident wishes to pursue this concern, she may wish to seek independent legal advice. However, we have considered any distress and inconvenience likely caused to the resident by the landlord’s handling of her reports of damp and mould.
In correspondence with this Service between March 2025 and May 2025, the resident has expressed further concerns about mould in her home and the scope of works completed. However, in the interest of fairness, the landlord must have the opportunity to investigate and respond to the resident’s recent concerns. The resident will need to contact the landlord about these additional concerns and, if appropriate, raise another complaint if they are dissatisfied with the landlord’s response.

Damp and mould throughout the property

Landlords are required to consider the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). 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 fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS. Where potential hazards are identified, improvement works are typically the starting point and additional monitoring is expected.
The landlord has a duty to keep the structure of the property in good repair and carry out any repairs it is responsible for within a reasonable time. This is set out in the written tenancy agreement and the implied terms in section 11 of the Landlord and Tenant Act 1985.
The landlord’s responsive repairs policy states:
1. emergency make safe repairs including out of hours will be completed within 4 hours of being reported, and emergency repairs will be completed within 24 hours of being reported.
2. standard repairs will be completed within 20 working days of being reported.
3. planned and packaged repairs will be completed within 90 days of being reported.
The landlord’s damp, mould and condensation policy states that the length of time taken to resolve reports of damp and mould will depend on the severity, urgency, and complexity of the issue and works required.
In its complaint responses, the landlord said it first received reports of damp and mould from the resident on 11 January 2024. It treated the mould on 5 February 2024, which was within the 20 working days timescale for standard repairs outlined in its responsive repairs policy. This was appropriate.
The resident reported that the damp and mould had returned and spread on 18 April 2024. The landlord attended to treat the mould again on 19 April 2024. While this was a timely response and appropriate in line with the landlord’s responsive repairs policy, it would have been reasonable for the landlord to have considered whether further investigations were required to establish the cause of the damp and mould in the property.
In its stage 1 response, the landlord acknowledged that it should have carried out a damp and mould survey instead of a second mould wash during its April 2024 visit. The landlord made attempts to put things right by compensating the resident for time and inconvenience and appointing its damp and mould team to oversee next steps. However, it would have been reasonable for the landlord to provide an action plan with clear timescales setting out what these next steps would look like. This would have provided assurance to the resident that the damp and mould would be addressed in a thorough and timely manner.
The resident contacted the landlord’s complaints department on 11 May 2024 and 21 May 2024 to report that the mould was still present. She expressed concerns that her home was impacting her health. On both occasions, the landlord responded by telling the resident to contact the damp and mould email address it had provided in its stage 1 response. Given the nature of the resident’s concerns, it would have been reasonable for the landlord to forward her emails to its damp and mould team to ensure her reports could be quickly actioned.
A contractor inspected the property on 26 July 2024 and found mould in 1 bathroom and 3 bedrooms of the property. It also found a guttering leak at the rear of the property and high humidity levels throughout. It recommended several further investigations and remedial works, including:
1. surveys of the guttering and down pipes, cavity insulation, loft insulation, and ducts behind the extractor fans.
2. anti-mould washes and redecoration of the affected ceilings and walls.
3. re-grouting of the bathroom tiles and replacement of the mastic around the bathtub.
4. replacement of 3 extractor fans.
5. anti-mould washes to all bedroom windows.
It is unclear why a damp and mould inspection was not carried out for almost 3 months after the landlord acknowledged that one was needed in its stage 1 response. This delay meant the resident was living with the damp and mould for longer than was reasonable. The landlord failed to manage the resident’s expectations or demonstrate that it was taking her concerns about the impact of the damp and mould on her household’s health seriously.
In its stage 2 response, the landlord said the relevant contractor would contact the resident to arrange the works by 3 September 2024. The landlord then contacted the resident on 3 September 2024 and informed her that it was awaiting a quote from the contractor for scaffold roof works. The landlord did not acknowledge or apologise for the delay in the work commencing, nor did it provide an estimated timeframe for the resident. This was unreasonable.
In its second stage 1 response on 24 October 2024, the landlord said all works should be completed by 29 November 2024 and offered the resident a further £210 compensation for time and trouble, stress and inconvenience, and poor communication.
Although the redress and explanation offered in the landlord’s second stage 1 response showed that the landlord tried to put things right for the resident, the landlord failed to resolve the substantive issue of the complaint within the promised timeframes. It also did not make the increased offer of compensation until the case had been accepted by this Service for investigation. The Ombudsman’s outcomes guidance is clear that a finding of reasonable redress cannot be determined under such circumstances.
The landlord’s records show that the quote for the damp and mould works was not approved until 25 October 2024. The landlord has not produced any evidence to explain why this delay occurred or show that it took any steps to communicate with the resident about this in the interim, other than the explanation it provided in its second stage 1 response on 24 October 2024. The resident was inconvenienced by not knowing when the works would be completed. The landlord failed to effectively engage with its contractors to ensure the work was arranged in good time. This was unreasonable.
The HHSRS is clear that any potential hazards in a property should be monitored once identified. There is no evidence to show that the landlord conducted any monitoring of the property during the months that the remedial work was delayed, despite it having notice of the issue from July 2024. This was unreasonable.
The resident has contacted the landlord on several occasions between August 2024 and May 2025 to report that the damp and mould had damaged her household’s personal items and ask whether she would be compensated for this. It is unclear whether an insurance claim has been made, however it would have been reasonable for the landlord to provide further information to the resident about how to make a claim and direct her to its insurance team.
The landlord has not communicated appropriately with the resident throughout the matter. The resident has needed to chase the landlord for updates on multiple occasions which has caused her time and effort and inconvenience. This is not in keeping with the landlord’s damp and mould policy, in which it says it will provide support to residents with damp and mould in their homes. Effective communication in this case would have enabled the landlord to manage the resident’s expectations and provide assurances that it was taking the matter seriously.
On 21 February 2025, the landlord told the resident that the contractors had confirmed all works were complete. However, the landlord has not provided evidence of these works, such as completion reports or repair records. The resident maintains that the works are not complete. We are therefore unable to assess whether the landlord has completed all the repairs. On this basis, we have ordered the landlord to inspect the property to confirm if any works that were identified following the inspection in July 2024 are outstanding.
Overall, the landlord’s response to the resident’s reports of damp and mould amount to maladministration. This is because:
1. the remedial works took longer than was reasonable, and the landlord did not communicate appropriately with the resident regarding the delays or provide assurances for when the works would be completed.
2. the length of time taken to resolve the matter and the lack of communication from the landlord caused evident distress to the resident.
3. the landlord’s communication failures caused time and effort and inconvenience to the resident, who contacted both the landlord and this Service on several occasions throughout the matter.
4. the landlord failed to acknowledge and address all of the failures identified in this report through its complaint responses. The landlord therefore did not put things right in a way that was proportionate to the issue, which is not in line with the Ombudsman’s dispute resolution principles.
The impact of the failings identified on the resident has been significant. The resident has reported concerns about her health and that of her household on multiple occasions and has reported loss of enjoyment of her home due to the damp and mould. She has said her household has been unable to use the front room and have suffered damage to their sofas and other furniture items.
To acknowledge the distress, inconvenience, time and effort caused to the resident by the above failures, an apology and compensation of £645 has been ordered in line with the Ombudsman’s remedies guidance. The landlord may deduct the £345 it has already offered the resident from this amount if it has already been paid.
We have also recommended that the landlord contacts the resident to discuss the damage to her belongings, including how she can make a claim or whether a claim is being considered by its insurer.

Determination

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

Orders and recommendations

Orders

Within 28 days of the date of this determination, the landlord is ordered to:
1. write to the resident to apologise for the failures identified in the report.
2. pay the resident a total of £645 compensation to recognise the distress and inconvenience caused by the landlord’s handling of the damp and mould. The landlord may deduct the £345 it has already offered the resident from this amount if it has already been paid.
3. complete a post-works inspection of the resident’s property to confirm whether any works identified following the inspection in July 2024 remain outstanding. If any works are outstanding, the landlord must provide the resident with a schedule of works, together with indicative timescales to complete the repairs, which should then be adhered to.
The landlord must provide evidence of compliance with the above orders to this Service within 28 days of this determination.

Recommendations

It is recommended that the landlord contacts the resident to discuss the damage to her belongings, including how she can make a claim or whether a claim is being considered by its insurer.