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Colchester City Council (202325825)

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REPORT

COMPLAINT 202325825

Colchester City Council

20 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

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

Background

  1. The resident is a secure tenant of the landlord, which is a local authority. His tenancy began in January 2018. The property is a 1-bedroom first floor flat. The landlord is aware the resident has a number of conditions which affect his mental and physical health.
  2. For context, the resident first reported cracks in the property walls in May 2022. The resident reported “bad mould” in his bedroom and around the bedroom window on 29 December 2022. A landlord contractor attended on 9 February 2023 and completed a damp and mould survey. The survey said the mould problems were due to condensation in the property.
  3. The resident called the landlord in May 2023 to report damp, and June 2023 to report cracks in the kitchen walls. He raised a formal complaint on 27 July 2023 after the landlord took no action. He said:
    1. His bedroom had damp and insulation issues that affected his mental and physical health.
    2. There was significant water/moisture that caused damp and black mould outbreaks.
    3. He had requested damp inspections but found staff “combative” and “unprofessional.”
  4. The landlord sent its stage 1 response on 10 August 2023. It said:
    1. It had raised a cavity wall survey with a contractor and would contact him to arrange an appointment.
    2. It apologised for the attitude of its staff.
  5. The resident emailed the landlord on 22 September 2023 to say he had not been contacted. It was not clear exactly when he escalated the complaint. However, the landlord acknowledged the escalation on 28 September 2023.
  6. The resident contacted us on 27 October 2023 and said:
    1. A surveyor had attended the previous week.
    2. Some of his property was damaged by damp and mould.
  7. The landlord sent its stage 2 response on 1 November 2023 where it upheld the complaint. It said:
    1. Its contractor tried to visit on 31 October 2023 to complete the cavity wall survey. But the resident had cancelled due to a hospital appointment.
    2. It would contact him with an alternative date once it had spoken to its contractor.
    3. It offered £150 compensation for the delays with the work/inspection.
    4. It was committed to providing further staff training.

Events after the end of the landlord’s complaints process

  1. The resident emailed the landlord the same day of the stage 2 response and said almost £2,000 of items had been damaged by damp and mould. He emailed 2 days later and said the wall moisture spots “reported months ago” had become saturated.
  2. The contractor attended on 4 November 2023 and completed the cavity wall and loft survey. It installed new insulation around 20 February 2024. Following the visit, the resident emailed the landlord to report the contractor said the bedroom window frame and mortar were damaged and cracked, allowing moisture into the window frame and cavity. The landlord completed the repairs to the bedroom and all external windows on 10 April 2024.
  3. The resident emailed the landlord on 24 June 2024 with a list of damaged items. After visiting him, the landlord wrote to the resident on 17 July 2024 and:
    1. Explained it could not submit an insurance claim on his behalf or consider the total loss he had stated. This was because he was unable to provide any evidence in relation to the damaged items.
    2. Agreed to pay £900 compensation. It said this was to cover his mattress, clothing, and towards the inconvenience of the matter. 
    3. Raised further repairs to the bathroom due to damage caused by damp and mould.
    4. Agreed to supply another dehumidifier.
  4. In a call with us on 14 May 2025 the resident said:
    1. The landlord had paid the previous compensation offers.
    2. The cause of damp and mould was an issue with the roof following solar panel installation. The roof was repaired, despite taking several visits.
    3. He took pride in his home and was grateful for the property. However, he felt the landlord made it clear it did not care about him.

Assessment and findings

Scope of investigation

  1. It is beyond the remit of this Service to determine liability for damaged belongings and these matters are usually best suited to be dealt with via an insurance claim or through the courts. It is the role of this Service to investigate whether the landlord acted fairly and reasonably and in line with its policies and procedures.
  2. The resident told us about the impact the condition of the property had on his health. We do not doubt these comments and empathise with his situation. But we also cannot determine whether there was a direct link between the landlord’s actions and his health. The resident may wish to seek independent advice on making a personal injury claim if he considers that his health has been affected by any action or failure by the landlord.
  3. We encourage residents to raise complaints in a timely manner, normally within 12 months of issues arising. This is so the landlord can consider them whilst they are still ‘live’ and whilst the evidence is available to properly investigate. Therefore, we will consider events from 27 July 2022 onwards (12 months prior to the resident’s formal complaint). The end date of this investigation is 17 July 2024 when the landlord agreed to pay additional compensation.

Policies and Procedures

  1. The landlord’s website lists its repair categories and response times. It says:
    1. “Emergency repairs should be made safe within 24 hours.
    2. Urgent repairs, including minor leaks, or roof leaks, should be dealt with within 7 days.
    3. Routine repairs should be completed within 30 working days.
    4. Planned repairs, where additional planning is required should be completed within 120 days.
    5. It completes improvements as part of a planned programme to be carried out over a given financial year.”
  2. We published our follow-up Spotlight report on damp and mould on 2 February 2023. The landlord introduced its damp and mould policy in May 2023. It referenced our follow-up report and acknowledged the seriousness of dealing effectively with damp and mould in properties. The landlord’s damp and mould policy states:
    1. “It co-ordinates a range of planned works to help reduce the risk of damp and mould and the likelihood of condensation occurring.
    2. It is responsible to maintain the structure of properties to avoid penetrating and rising damp.
    3. Where damp or mould issues are identified, its specialist contractor, will survey and return a report and remediation schedule within 20 days of the issue being raised. Mitigating actions recommended from this survey are actioned within repair timeframes.
    4. It will effectively diagnose and evaluate what mitigations it can put in place to support tenants in cases where structural/repairs interventions are not appropriate.
    5. It will provide advice and guidance and take into consideration any specific needs and vulnerabilities of the occupants.
    6. It will inform residents of the findings of the investigations following a home visit. This will include identifying the possible causes of damp, recommending effective solutions and all necessary remedial works/actions/enhancements and the estimated timescales to complete the works/measures. This will be communicated in writing to the resident, keeping them up to date through the process.
    7. It will monitor homes that suffer from condensation and will contact affected residents proactively to determine if the condensation remains an issue.
    8. Residents are responsible to:
      1. Maintain their home and prevent and reduce conditions that can lead to condensation, mould, and damp.
      2. Report any repairs to be carried out to eliminate damp and mould in their home.”
  3. The landlord’s remedies policy states residents are expected to have home contents insurance to protect their furniture, belongings and decorations against fire, theft, or water damage. Residents will be referred to claim on their contents insurance in instances where this is appropriate. The landlord has a household insurance scheme that its residents can apply for.

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

  1. Landlords should keep good records. This enables it to manage issues raised by its residents as well as fulfilling its obligations as a landlord. Neither the landlord nor this service can investigate and respond to complaints without accurate records. This could result in unfairness to the resident. While the record keeping in this case was overall of a good standard, there were a number of visits and repair appointments where there was no record of what happened. It has therefore not been possible to fully understand what action was taken at every stage, which has impacted our ability to carry out a thorough investigation.
  2. The landlord did not have a specific damp and mould policy when the resident reported damp and mould on 29 December 2022. However, it requested a damp and mould survey which was positive and showed it took the issue seriously. The landlord received the survey 48 days after the resident raised the issue. This was more than double the timescale outlined in its policy and was an unreasonable delay.
  3. The survey said mould in the bedroom, bathroom, and kitchen was due to condensation. And there did not appear to be any issues in the living room. The survey provided to us was brief at just over a page in length. There was:
    1. No photographs of the interior or exterior of the property.
    2. No evidence external checks were completed to rule out the possibility of penetrating damp.
    3. No evidence of an appropriate risk assessment.

However, the landlord was entitled to act on the expert advice of suitably qualified staff and contractors. Given the findings, it was reasonable for the landlord not to take any further action. However, there was no evidence it proactively contacted the resident to establish if the condensation remained an issue in line with its own policy, which was failing.

  1. The resident called the landlord on 17 May 2023 and said damp had re-appeared. He said the surveyor that had previously attended found “evidence of damp” which “could reappear in spring.” There was no evidence of these comments in the report provided to us. After the resident’s call, internal emails showed the landlord added the resident’s property to a list of properties due to have a cavity wall inspection as part of planned work. While this was a positive step, it was unclear who made the decision to wait for the cavity wall survey findings before taking any further steps. There was no evidence the landlord considered conducting its own inspection, which would have been reasonable.
  2. The resident called back on 5 June 2023 and reported cracks in the kitchen walls. The repair logs showed an inspection was raised. However, there was no evidence this was completed or followed up, which was a failing. An internal landlord email noted it had raised an inspection for the same issue in May 2022, but said it “did not look like it had been done.” The resident was not provided with any updates following either call in May or June. It would have been reasonable for the landlord to explain why it was not inspecting the cracked walls and to tell the resident about the planned cavity wall inspection. The communication failures were a failing and led to the formal complaint on 27 July 2023.
  3. The landlord used its complaints process to try and resolve the issues for the resident. However, the complaint was a missed opportunity to either raise an inspection, or follow up what happened with the inspection raised in June 2023.
  4. After the stage 1 response, there was no evidence the cavity wall survey was chased or the resident contacted in the following 6 weeks. During this time, an internal email dated 15 August 2023 said the property was “on the [planned works] list, but please ensure an inspection gets logged for this property.” However, again there was no evidence an inspection was raised. Another internal landlord email dated 18 August 2023 requested the property be “prioritised for [the cavity wall and loft insulation] survey.” However, there was no evidence it was prioritised. The failure to raise an inspection and lack of communication were further failings which caused the resident to escalate the complaint.
  5. The landlord’s repair log showed the cavity wall survey was raised on 5 October 2023. This was at least 3 months after the request to add the property to the planned work list, 2 months after the stage 1 response, and nearly 7 weeks after the request to prioritise. Following a cancelled appointment (at the resident’s request) on 31 October 2023, the survey was eventually completed on 4 November 2023. The survey found that the loft had failed insulation and needed insulation and ventilation. The lack of updates and failure to follow-up prioritisation of the survey were failings.
  6. The landlord visited the property around early November 2023 although it was unclear exactly when this was. Its building inspector raised repairs to service the kitchen and bathroom extractor fans on 2 November 2023. These were marked completed on 12 December 2023. An internal landlord email dated 6 November 2023 from the planned maintenance team to the repairs team said:
    1. “There are other actions which could have been taken [while waiting for the cavity wall survey] to address/reduce [damp and mould].”
    2. It should not “rush in and fit a Positive Input Ventilation (PIV)” system.
    3. The building inspector had attended the property and said:
      1. “The resident had been advised to keep trickle vents open and not let heating drop below 17 degrees.
      2. The kitchen and bathroom extractor fans should be renewed.
      3. Moisture was trapped between the bathroom wall and wallpaper. And this should be taken back and the walls painted in a suitable paint.” 

While it was positive the landlord was acting, this appeared to be because of the complaint escalation, which was unreasonable. Again, there was no evidence the resident was updated. This caused him inconvenience, having to chase for an update on 24 November 2023. The landlord spoke to the resident 6 days later, which was another slow response.

  1. The landlord emailed the resident on 12 December 2023 and said the planned insulation work was scheduled for mid-January 2024. An internal email dated 9 January 2024 said the work was due to commence in February 2024. However, it was unclear if the resident was updated as he emailed on 7 and 12 February 2024 chasing updates.
  2. On 20 February 2024 the resident emailed the landlord and said:
    1. The insulation had been installed.
    2. The contractor pointed out the bedroom window frame and mortar were damaged allowing moisture into the window frame and cavity.
  3. The resident sent another email the following day which said there were cracks in the wall which were wet, and the brickwork was crumbling. The landlord initially responded and told him to raise a new repair which was unreasonable. However, after further emails from the resident, it arranged for a roofing contractor to promptly attend on 24 February 2024, which was reasonable. The roofer found failed plaster which allowed “wind to blow from the wall into the room.” However, there was no evidence repairs were raised until 18 March 2024, 3 weeks after the roofer attended. This was a further delay. The repairs (to the bedroom wall plaster, bathroom wall, and windows) were completed on 10 April 2024. While this was within its repairs policy timescale, they should have been raised/completed weeks earlier which was a failing.
  4. The resident called the landlord on 4 April 2024 and reported further issues caused by the damp and mould in the bathroom. The landlord noted a work order had been raised, however there is no evidence of the work order on the repair log provided to us. The landlord then wrote to the resident on 17 July 2024 and said it had raised the repairs. This was over 3 months after he initially reported the issue which was yet another unreasonable delay.
  5. The resident reported concerns with cracked/crumbling walls in May 2022, but nothing was done. He re-raised the issue on 5 June 2023, 13 December 2023, 1 January 2024, 19 February 2024, 21 February 2024, 22 February 2024 and 23 February 2024. He also reported the moisture spots in the wall becoming saturated on 3 November 2023, damp saturated the walls on 13 December 2023, and bubbling and issues with bedroom wall on 17 January 2024. But the landlord took little action.
  6. We welcome and encourage landlords to revisit opportunities for the resolution of a complaint after the stage 2 response. A landlord is also entitled to review its position. We acknowledge the resident was provided with a dehumidifier on 5 March 2024 and the landlord agreed to pay £75 towards the costs of running it. In a call with us on 14 May 2025 the resident said the landlord also paid compensation towards running a second dehumidifier. It was positive the landlord offered an additional £900 towards damaged items and inconvenience in its email to the resident on 17 July 2024. However, the contributions to the running of the dehumidifier and damaged items were only made after the resident asked to be reimbursed. Had the landlord taken steps to mitigate the impact of damp and mould, the items may never have been damaged and dehumidifiers not required.
  7. We acknowledge the resident has offered thanks and positive feedback in relation to a couple of members of landlord staff. But overall, its handling of the reports of damp and mould has been very poor. From 17 May 2023 to at least 17 July 2024 the resident was left living in a property affected by damp and mould. Throughout this time the landlord:
    1. Missed opportunities to raise an inspection of the property in May 2023, July 2023, August 2023 and November 2023. Instead, it waited for the cavity wall inspection/planned work to be completed.
    2. Failed to prioritise the resident’s cavity wall survey.
    3. Failed to mitigate the impact of the damp and mould between May and November 2023.
    4. Raised repairs late, if at all, with no one taking responsibility for the repairs or the property. The landlord (as the body in a contractual agreement with the resident) is responsible for repairs, regardless of whether it outsources work to contractors.
    5. Failed to communicate effectively with the resident, its contractors, and between its own departments.
    6. Failed to consider the resident’s vulnerabilities.
  8. The £900 was not broken down to clarify how much was for inconvenience caused to the resident. However, the resident had said his mattress was £532 and clothing, specifically jeans, cost £300. The landlord’s compensation offer failed to address the detriment to the resident and its offer was not proportionate to the failings identified in this investigation. There was significant impact to the resident over a prolonged period. We therefore find maladministration. The circumstances for a Severe Maladministration decision apply. However, the offers of redress that the landlord made during, and after, the complaints process show the landlord took some steps to put things right and we have therefore found maladministration instead.

Determination

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

Orders and recommendations

Orders

  1. It is ordered that within 4 weeks of the date of this report, the landlord is to:
    1. Apologise in writing to the resident for the failings identified in this report.
    2. Pay directly to the resident and not offset against any monies owed a further £1,000 compensation to make up for the distress and inconvenience caused to the resident by the landlord’s failings between May 2023 and July 2024.

Recommendation

  1. It is recommended that the landlord reviews its processes for recording information relevant to repairs to ensure there is a clear audit trail and notes confirming what works were completed on each visit within its repair records.