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London Borough of Camden Council (202326928)

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REPORT

COMPLAINT 202326928

Camden Council

27 February 2025


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme (the 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 the resident’s reports of damp and mould in the property.
  2. The Ombudsman has also considered the landlord’s complaint handling.

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.

 

  1. 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 landlord completed a damp and condensation survey on 15 December 2021. The survey recommended a number of works. The resident raised a formal complaint on 21 June 2023 about the landlord’s handling of the damp and mould. She said the landlord had not addressed issues identified as part of a survey in January 2022. She further explained that asbestos had been discovered in a manhole following a CCTV inspection and that she wanted the landlord to address the damp and mould in her home. Lastly, she asked that the landlord pay compensation for the mouldy conditions she lived in.
  2. The landlord upheld the resident’s complaint at stage 1 of the complaint procedure. It offered £250 compensation for the time and trouble in contacting the landlord. The resident did not accept the landlord’s findings and asked for her complaint to be escalated. The landlord responded on 6 September 2023. It upheld the complaint and accepted there were some failings. It awarded £380 compensation to replace its earlier offer.
  3. The resident instructed solicitors who issued a letter before claim about the condition of the property. A claim has been issued and a trial date set for July 2025 in respect of the resident’s claims about the condition of her home. Most recently the parties have been negotiating a way forward.

Reasons

  1. Paragraph 41.c. of the Scheme states that:

 

“41. The Ombudsman cannot consider complaints which, in the Ombudsman’s opinion: c. concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given”.

  1. As there are ongoing legal proceedings regarding the condition of the property, the Ombudsman cannot investigate the complaint.