London Borough of Sutton (202420779)

REPORT

COMPLAINT 202420779

London Borough of Sutton

17 June 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. This complaint is about the landlord’s handling of the resident’s reports of damp and mould.
2. The Ombudsman has also considered the landlord’s complaint handling.

Background

3. The resident holds a secure tenancy.
4. The landlord’s records show the resident reported damp and mould problems from late 2022 and that it was attempting to resolve them with a range of repairs. The resident had raised some concerns about the impact of the mould and repairs on her and her family’s health. In 2024, during discussions about carrying out the repairs she asked the landlord to rehouse her.
5. The resident raised a complaint on 4 May 2024. She said 2 inspections had taken place in 2 years, but the repairs had not started. She said the unresolved repairs were impacting on her and her children’s health.
6. The landlord issued an initial complaint response on 10 June 2024. It set out a timeline from late December 2022 to explain the repair history. It apologised to the resident for its repair delays and poor communication. It said that prior to its complaint response it had called the resident to outline a plan of action as well as to offer hotel accommodation and storage for the period of the works. It confirmed the resident was not eligible for a permanent move.
7. The resident remained dissatisfied and escalated her complaint on 11 June and 19 July 2024 repeating her original concerns. She also disputed the landlord’s explanation that it could not gain access for a repair on 1 occasion, and about the suitability of a temporary hotel stay.
8. The landlord issued a final complaint response on 16 August 2024. It apologised for its failures such as the incorrect information in the timeline. It said it had offered the resident a temporary decant as it said it was not able to resolve the issues while the property was occupied. It explained it would contact her fortnightly and continue to look for alternative temporary accommodation. It also said it would arrange for the resident to have a dehumidifier and treat any mould that appeared while the substantive works were pending. It offered £100.00 compensation for time and trouble, distress and inconvenience caused.
9. The resident brought her complaint to the Ombudsman on 28 August 2024 seeking a permanent move to a property suitable for her household needs.
10. Information from the landlord shows it has arranged repairs for the property up to the time of this report.

Assessment and findings

Scope of investigation

11. The resident has complained that the damp and mould has had a physical and mental health impact. The Ombudsman is unable to assess the cause of, or liability for, impacts on health and wellbeing. The resident may be able to make a personal injury claim if she considers that her health has been affected by the landlord’s actions or inaction. This is a legal process, and the resident may wish to seek legal advice if she wants to pursue this option. It will not be considered in this report.

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

12. The landlord’s tenancy agreement states it is responsible for repairing and maintaining the structure of the property, walls, and ceilings. Its responsive repairs policy sets out 4 repair priority from emergency repairs within 24 hours to standard repairs within 20 working days. If an inspection is needed it will “agree what work will be completed with an appropriate timescale”.
13. The landlord’s compensation and redress policy sets out compensation levels according to the impact ranging from low of £50 to high of up to £1000.
14. The resident complained to the landlord that her reports of damp and mould were unresolved. She said these reports had been made over 2 years. She was dissatisfied with what she said were repair delays, its inaction after inspections, and having to chase for updates. She said the property was unsafe for her and her children due to health conditions including asthma. She was also concerned about the disruptive impact of major works on her daughter who is autistic.
15. In its initial complaint response of 10 June 2024, the landlord said it had called the resident on the same day when it agreed a plan of action and offered hotel accommodation and storage during the repair works. It apologised for the delays and poor communication. It said it was not able to arrange a permanent move. It explained the company who allocated housing had confirmed to it that the resident was ineligible for a permanent move at that time due to her position on the housing register. The landlord asked the resident to confirm her decision on its offer bearing in mind her concerns about the potential challenges for her daughter.
16. At the time of the complaint response, the landlord had conducted inspections on 17 April 2023 and 23 May 2024. The 2023 inspection found structural dampness and damp affected plaster. It identified causes for the damp, including an ineffective damp proof course (DPC). It recommended works such as lowering the ground level and a new DPC. Based on the landlord’s records only limited work followed the report. This included initial quotes for some of the work in June, but no specific remedial activity or efforts to treat the mould until late 2023, and January 2024 when the landlord did a mould wash. There were attempts to arrange or attend appointments in early 2024, but correspondence between the contractor and landlord in April 2024 say that no work had started. Some of the records state appointments were on occasion changed or cancelled due to staff illness, but they do not otherwise explain the apparent lack of meaningful action by the landlord in response to the 2023 inspection.
17. The resident complained to the landlord in May 2024 about its lack of action. She escalated her complaint in June and July, based on her dissatisfaction with the landlord’s first complaint response.
18. In its responses to her complaints the landlord acknowledged and apologised for the delays. It set out its plan to resolve the damp and mould problems, said it would provide fortnightly updates, offered to provide a dehumidifier and reimburse the resident for its running costs, and offered £100 compensation for the resident’s inconvenience and frustration.
19. These were all reasonable remedies, in line with the expectations in the Ombudsman’s Complaint Handling Code. However, when considered against the Ombudsman’s remedies guidance the compensation was disproportionately low in the circumstances of the serious nature of the resident’s situation, the lack of action over a significant period, and the need for the resident to chase matters. Furthermore, there is no evidence of the landlord giving the resident the regular updates it had said it would.
20. In its first complaint response the landlord stated that the resident had said she wanted to be moved during the repair work. It said that could be done as a temporary decant, and that it had already discussed her options with her. It explained that a permanent move was not possible. In its later correspondence and complaint response it explained that the work could only be completed while she was not at the property and so a decant was essential. It is not apparent from the evidence provided who originally suggested the decant, or when it became clear it was needed for the work to proceed.
21. The evidence shows the landlord began exploring property decants in June 2024 and made a decant offer on 17 July 2024. The resident declined the property due to safety concerns for her family. It also shows the resident was reluctant to agree to a temporary decant because of the disruption to her family and preferred a permanent move. The landlord explained why it could not offer a permanent decant but also provided advice and support to the resident for making a rehousing application. The landlord has explained to the Service it has not made another decant offer.
22. The reasons and necessity for the decant are clear from the evidence, especially given the structural aspects of the repairs identified in the inspections such as the DPC. The resident’s caution about a temporary move is understandable, as she had explained to the landlord her family’s vulnerabilities and why a temporary move would be unsettling. There is no evidence that the landlord’s explanation about a permanent move was incorrect. Accordingly, in those circumstances it is clear that at least some of the delays to works starting in the second half of 2024 were due to the complexity of the planned work and their impact on the resident’s family, and the need for and difficulty arranging a decant.
23. The landlord has provided the Service with a plan of works following a new inspection in April 2025. The resident has told us external works including a new DPC started in May 2025. It is clear, therefore, that works are now underway. If the resident has any concerns about the landlord’s current handling of them, she has the option of making a new complaint to it. If she remains dissatisfied after the landlord has responded to her new complaint, she can then ask the Ombudsman to investigate. Any new complaint should focus on events in the period after the landlord’s last complaint response in August 2024.
24. The landlord appropriately apologised for service failures and eventually proceeded with the relevant works. However, the compensation it offered was not proportionate to the nature and extent of its service failures, and it did not give the resident the regular updates it promised. These failings mean it did not resolve the complaint.

Complaint handling

25. The landlord’s complaints and resolution policy and procedure states that it operates a 2 stage complaint process with responses being issued within 10 working days at stage 1 and 21 working days at stage 2. Acknowledgments to be within 2 working days of the complaint and 5 working days of the escalation request.
26. Both of the landlord’s acknowledgments exceeded its policy timescales by 14 days and 21 days, respectively. The evidence shows the resident went to the time and trouble of chasing her complaint and escalation request before they were acknowledged. Neither complaint response recognised the complaint handling failings, leaving the matter unremedied.

Determination

27. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the resident’s reports of damp and mould.
28. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s complaint handling.

Orders and recommendations

29. Within 4 weeks of this report the landlord must pay the resident:
    1. £600 compensation for its handling of the resident’s reports of damp and mould and the distress and inconvenience caused. This level of compensation is for the lengthy period of inaction by the landlord in 2023 and early 2024 despite the clear seriousness of the resident’s home’s condition.
    2. £100 compensation for its complaint handling failures and the time and trouble caused.
    3. This sum is in addition to the £100 compensation previously offered by the landlord.
30. Evidence of compliance with these orders must be provided to the Service by their deadlines.