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London Borough of Barnet (202424126)

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REPORT

COMPLAINT 202424126

London Borough of Barnet

29 May 2025


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this.

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint is about the landlord’s handling of leaks, damp and mould.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident is in temporary accommodation. He has a non-secured tenancy with the landlord. The property is a 1-bedroom flat. The resident lives with his wife and their two children.
  2. Over the last 5 years there have been 14 work orders raised by the landlord referencing damp and mould at the property and 6 work orders relating to leaks or post-leak works.
  3. The resident made a complaint to the landlord on 8 July 2024. He did not feel the landlord was taking his concerns about leaks, damp and mould seriously. The resident said his family were left without lights in the kitchen and leaking water. He said water and dampness affects the bedroom, kitchen and living room. The resident stated they all sleep in the living room and the household’s health was being affected. He asked the landlord to rehouse him somewhere safe and fit for habitation.
  4. The landlord issued its stage 1 response on 29 July 2024. It partially upheld the resident’s complaint. The landlord listed the work orders it had undertaken for damp and mould in the 12 months prior to the resident’s complaint. It also listed the work orders it had carried out to deal with leaks. As part of the work, the landlord said it had offered to insulate pipes in the resident’s flat which it stated the resident had declined.
  5. The resident escalated his complaint on 18 September 2024. He said he was dissatisfied with the landlord’s service regarding leaks, damp and mould. He said it took a month to fix a leak and there was now another leak. The resident stated for 3 years there had been a high level of damp and mould. He said the landlord had carried out mould washes and installed a kitchen fan, but the problem remained. The resident said they were all sleeping on the living room floor and the children were getting bitten by ants. He said he had back pain which was making it difficult to sleep on the floor. The resident stated the flat was unhabitable.
  6. The landlord issued its stage 2 response on 12 November 2024. It did not uphold the complaint. The landlord said the leak had been resolved and it had been thorough in its allocation of resources for the matter. It said it would arrange an inspection of the property to check for any additional issues affecting the property due to the leak. The landlord said a damp and mould inspection had taken place on 18 October 2024 and the work identified had been completed on 23 October 2024. It listed all the damp and mould work it had undertaken since 2020. The landlord said that whenever the resident had reported damp and mould it had carried out inspections and any work identified.
  7. The resident instructed a solicitor, and forms were submitted to the court on 31 January 2025. These were stamped and were served on the 5 February 2025. The claim is about property condition and damages. It states the property is not fit for habitation. The resident is claiming for damages for personal injury and suffering, special damages and an order for all works necessary to remedy the issues.

Reasons

  1. Paragraph 42.e. of the Scheme states that the Ombudsman may not consider complaints which, in his opinion, concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.
  2. The resident’s complaint is about leaks, damp and mould at the property. This Service has considered the details of the resident’s complaint, and the details of his court claim as set out in documents submitted to the court. It is the Ombudsman’s opinion that the resident will have the opportunity to raise the issues of his complaint as part of the court proceedings. Therefore, in accordance with paragraph 42.e. of the Scheme, this complaint is not one that this Service can consider and is outside of the Ombudsman’s jurisdiction to investigate.