Onward Homes Limited (202342935)

REPORT

COMPLAINT 202342935

Onward Homes Limited

23 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:
1. The landlord’s handling of the resident’s reports of damp and mould and the associated works.
2. The landlord’s handling of the resident’s request to move.

Background

The resident has an assured tenancy agreement which commenced in December 2020. The property is a 3-bedroom house. The housing records confirm 2 of the resident’s children have breathing difficulties.
The resident told the landlord on 7 February 2023 there was damp and mould in her bathroom. The landlord arranged for the mould to be treated and the tiles to be regrouted. It also arranged for a row of tiles to be replaced around the shower and silicon applied to prevent water ingress on 6 March 2023. It arranged to inspect the brickwork on 20 March 2023, but the appointment was refused by the resident.
The resident’s solicitor issued the landlord with a letter of claim for disrepair on 6 April 2023. A joint inspection was completed and a schedule of works agreed on 24 May 2023. This included clearing the gutters, repairing a gutter joint and replastering a section of the kitchen wall.
The resident made a complaint on 3 July 2023. She said there was damp and mould in the property and asked the landlord to rehouse her.
The landlord issued it stage 1 complaint response on 17 July 2023 and said:
1. The resident reported there was damp and mould in her home shortly after moving into the property in 2020. It should have carried out an inspection at the time rather than ask the resident to provide photographic evidence.
2. It was unable to comment on the resident’s recent reports of damp and mould as she had engaged a solicitor and submitted a disrepair claim in April 2023. Her concerns about damp and mould would be addressed through the disrepair claim process.
3. It was unable to arrange a management move as the resident did not meet the criteria. It would, however, provide hotel accommodation or an alternative property if the resident was required to move out as a result of any repair works. The resident could also bid for properties that were advertised by the landlord.
4. New flooring was installed in the bathroom on 5 July 2023 and the other outstanding work would be completed on 18 July 2023. This included tiling work in the bathroom. It would carry out a post inspection once all the work had been completed and inspect the condensation in the bedroom.
5. It would offer the resident £310 compensation. This included £150 for the inconvenience caused, £100 for the delays in raising the follow up works and £60 for the failure to complete repairs within target timescales.
6. It had changed its response times and reviewed its referral process for responding to reports of damp and mould following the resident’s complaint.
The resident told the landlord on 19 July 2023 that she was unhappy with the work that had been completed. The landlord carried out an inspection of the property on 31 July 2023 and arranged for several rows of tiles in the bathroom to be replaced and the shower area to be resealed. It also arranged for mould in the kitchen to be treated and the external walls to be repointed.
The resident told the landlord on 5 August 2023 that the surveyor who inspected her home did not carry out a thorough investigation. She said she had arranged for a second opinion. She told the landlord on 30 August 2023 that the mould was making her daughter ill and she needed to move. The resident’s solicitor submitted a second letter of claim on 13 October 2023. They said there was damp and mould in the bedroom, kitchen and dining room. A joint inspection was carried out and a schedule of works agreed on 5 December 2023.
The resident escalated her complaint on 26 February 2024.
The landlord issued its final complaint response on 27 March 2024 and said:
1. It would arrange for the resident to be rehoused temporarily whilst the identified works were completed.
2. It proposed to start the building works on 4 April 2024, subject to the agreement of the resident’s solicitor.
3. It had previously informed the resident that it could not offer her a management move. This position remained given the resident did not meet the minimum requirements for a move. She could, however, bid for properties.
4. It was sorry for the delay in carrying out the works and would increase its offer of compensation to £650.

Post complaint events.

The resident accepted the landlord’s offer of £650 compensation on 28 March 2024. She was decanted and the identified works were completed in April 2024. The landlord agreed to pay the resident £950 on 17 May 2024 in relation to her claim for disrepair.
The resident reported further problems of damp and mould on 2 July 2024. A further inspection was carried out on 2 August 2024 and no evidence of damp and mould were found. It was however recommended the plaster in the bay window was replaced. The work was completed on 6 September 2024.
The resident told the landlord on 30 October 2024 there was damp and mould on the bathroom walls. An inspection was carried out on 13 November 2024 and no signs of damp were found. The landlord did, however, note there was a risk of condensation and several radiators needed upgrading. It also said trickle vents were required in the lounge and 2 bedrooms.
The landlord commissioned an independent heat loss survey on 20 December 2024. It was noted that there were cold spots in the property and issues with draughts. It was also noted there was damp and mould. It was recommended radiators were fitted next to the back door and on the landing.
The resident’s solicitor submitted a further claim of disrepair on 9 January 2025. They said the damp and mould had returned in the bathroom and dining room. They also said there was penetrating damp on the external wall and the brickwork needed repointing.
The resident told this Service she continues to experience problems with damp in her property, despite the landlord carrying out work. She said there was mould in her children’s bedrooms, the dining room and bathroom. She also noted she had an ongoing disrepair claim against the landlord.

Assessment and findings

Scope of the investigation.

It is noted that the resident said she had reported issues with damp and mould for several years. This Service encourages residents to raise complaints with their landlord in a timely manner. This is because with the passage of time, evidence may be unavailable and personnel involved may have left an organisation, which makes it difficult for a thorough investigation to be carried out and for informed decisions to be made.
Taking account of the availability and reliability of evidence, it is considered fair and reasonable for this assessment to focus on the landlord’s handling of the events leading up to when the resident made a complaint in July 2023, up to 27 March 2024, when the landlord issued its final complaint response.
In considering the landlord’s response to the issue of damp and mould, it is noted that the resident has referred to a possible impact upon her children’s health. Whilst these concerns have been referenced in this report, it should be noted that the Ombudsman is not in a position to make findings about the possible impact of the issues under investigation on a resident’s health, as this would be more appropriate for a court to consider. In this respect, the resident is advised to seek legal advice if she wishes to take her concerns further.

The landlord’s obligations, policies and procedures.

The landlord has an obligation to ensure it complies with the Housing, Health and Safety Rating System (HHSRS). The 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 can fall within the scope of HHSRS. Landlords should be aware of their obligations under HHSRS and are expected to carry out additional monitoring of a property where potential hazards are identified.
Whilst reasonable timescales are not defined in law, the potential health risks from damp and mould are significant. It is this Service’s view that landlords should take urgent action following reports of damp and mould.
This Service’s spotlight review on damp and mould (published October 2021) recommends landlords adopt a zero-tolerance approach to reports of damp and mould. It also highlights the importance of landlords taking a proactive approach to identifying problems and communicating clearly with residents to ensure they have confidence in it and understand the next steps. This includes explaining if follow up work is required and providing a clear timetable for any future works. If there is any slippage to the timetable, landlords are encouraged to inform residents as soon as possible and explain why the timetable has changed.
The resident’s tenancy agreement says the landlord is responsible for keeping the structure and exterior of the property in repair. This includes gutters, walls and floors. The resident is required to provide access to her home.
The landlord’s damp, mould and condensation policy says it will carry out early and accurate diagnosis following reports of damp and mould. No timescales are included in the policy for carrying out inspections or remedial works. The policy also says the landlord will:
1. Assess the severity of the problem at the point of contact to identify the most effective solution. This includes raising repairs, booking inspections and providing advice and support.
2. Take account of the health of the household and arrange a mould wash in the first instance.
3. Keep residents updated, including providing details on the scope of works and the timescales for the completion of any identified repairs.
4. Arrange for residents to be moved temporarily or permanently, where more intrusive building works are required or there is a serious health risk to a member of the household. Permanent rehousing is considered on the recommendation of a medical professional and in accordance with the landlord’s lettings policy.
5. Refer residents to its tenancy support team if they continue to experience problems with damp and mould after remedial works are completed and no further property interventions are required.
6. Develop a plan of action with residents who experience problems with condensation.
The landlord’s repairs policy says it will comply with regulatory requirements, contractual tenancy obligations and safety standards. Responsive repairs are prioritised into the following categories:
1. Emergency repairs include jobs which affect the health of the resident or the safety or security of a property. Emergency repairs are completed on the day they are reported.
2. Routine repairs are completed within 20 days.
3. Complicated and larger repairs are completed within 90 days.
The landlord’s allocations policy sets out its approach to letting its properties. Empty homes are let in accordance with the local authority’s allocations policy, with priority given to residents who are identified as being in the most housing need. In exceptional circumstances, the landlord says it will offer a management move to residents who can no longer stay in their home for safety reasons. Supporting evidence is required from partner agencies.

The landlord’s remedies and financial redress guidance says it will offer an apology and compensation where there has been a delay in providing a service or where a service has not been provided in line with its service standards. Awards up to £700 are considered where a service failure has a ‘‘medium impact’’ on a resident.

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

It is important to note that accurate record keeping is essential and helps ensure landlords meet their repair obligations. It also ensures accurate information is provided to residents. As a member of the Housing Ombudsman Scheme, the landlord also has an obligation to provide this Service with sufficient information to enable a thorough investigation to be undertaken. In this case, the records provided by the landlord were limited and did not include details on completion dates. This meant it was difficult to determine whether the landlord responded in a timely manner and in accordance with its policies.
The resident told the landlord on 7 February 2023 that there was damp and mould in the bathroom. The landlord responded on the same day and arranged for the damp and mould to be treated. Whilst this was consistent with the landlord’s damp, mould and condensation policy, it is unclear from the housing records when the work was completed or whether the landlord put monitoring arrangements in place. This was contrary to the HHSRS guidelines.
The resident told the landlord on 17 February 2023 the bathroom floor was damp. The landlord replaced the tiles and applied silicone around the floor trim on 6 March 2023 in accordance with its repairs policy. It arranged for the brickwork to be inspected on 20 March 2023, but the job was cancelled by the resident. There is no evidence the landlord followed the matter up with the resident to ensure it met its obligations under the tenancy agreement.
The resident’s solicitor issued a letter of claim on 6 April 2023 and said there was damp and mould in the property. This included noting the support beams in the living room were rotten, the bathroom floor had sunk and there was damp in the kitchen and bedroom. The landlord arranged a joint inspection to be completed with a surveyor appointed by the resident solicitor on 23 April 2023. The landlord’s actions were timely and demonstrated it took the resident’s concerns seriously.
Evidence of damp was found in the kitchen during the inspection. A schedule of works was agreed with the resident’s surveyor and ordered on the following day. This included replastering the kitchen wall. The landlord also agreed to clean the gutters and repair a gutter joint, although it is unclear from the housing records when this work was due to be completed. There is no evidence the landlord considered the household’s health when completing the inspection. This was not consistent with the landlord’s damp, mould and condensation policy.
The landlord arranged for the bathroom wall tiles and floor to be checked again on 31 May 2023. The bottom row of tiles around the shower area were replaced and it was noted that the floor would need to be replaced before the floor tiles could be fitted. An appointment was arranged for 18 July 2023.
The resident made a complaint on 3 July 2023. She said the property was not habitable and the mould was affecting her children’s health. She also noted the inspection report findings deferred from the information provided by her solicitor.
The landlord noted on 17 July 2023 in its stage 1 complaint response that the resident’s reports of disrepair would be considered as part of her disrepair claim. It apologised for the delay in completing the other work and noted that the bathroom flooring was replaced on 5 July 2023 and the tiling work would be completed on 18 July 2023.The landlord also said it would arrange for a surveyor to complete an inspection once all the work had been carried out. This was consistent with the landlord’s damp, mould and condensation policy.
When considering how a landlord has responded to a complaint, this Service considers not just what has gone wrong, but also what the landlord has done to put things right in response to the complaint. This includes the steps the landlord has taken to address the shortcoming and prevent a reoccurrence, as well as any compensation offered. In this case, the landlord confirmed it had reviewed its referral arrangements and response times for dealing with reports of damp and mould. It also offered the resident £310 compensation. This included £150 for the inconvenience caused, £100 for the delay in raising the follow–on work and £60 for failing to attend within target repair timescales.
The resident’s MP told the landlord on 19 July 2023 she was unhappy with the work that had been carried out. They also noted she was concerned that there was mould behind the moisture boards that had been fitted in the kitchen and she was concerned it would return. The landlord arranged for the property to be inspected on 31 July 2023. This was consistent with the landlord’s damp, mould and condensation policy.
Further works were identified during the inspection on 31 July 2023. This included replacing tiles around the shower area. The landlord also arranged for the exterior walls to be repointed and mould that was identified below the kitchen sink to be treated. It is unclear from the housing records why these repairs were not identified during the inspection on 23 April 2023. The landlord’s failure to do this caused the resident time and trouble having to pursue her complaint. No concerns were identified in relation to the moisture boards that had been fitted to the kitchen wall.
The resident told the landlord on 5 August 2023 that she was unhappy with the inspection that had been carried out on 31 July 2023. She noted the member of staff did not have any equipment to test for damp and she had arranged for a survey to be carried out herself; the results of which she said were different from the conclusions reached by the landlord.
The landlord asked the resident on 10 August 2023 for a copy of her inspection report and said it would arrange to complete any identified repairs. The landlord’s actions were reasonable in the circumstances. It said its contractor would visit on 11 August 2023 regarding her roof. This was almost 4 months after the joint visit with the resident’s surveyor when it agreed to carry out the work. It would have been reasonable for the landlord to have provided the resident with a timescale for completing the other outstanding work. The landlord’s failure to do this meant the resident was unclear when the work would be completed.
The landlord told the resident’s MP on 18 August 2023 that a mould wash was completed in a bedroom on 11 August 2023 and the roof work commenced on 14 August 2023. The landlord also noted discussions were ongoing with the resident in relation to the work that was required in the bathroom. It is unclear from the housing records what the outcome of these discussions were.
The resident told the landlord on 29 September 2023 that the work that was carried out had not resolved the issue and mould had returned in the bathroom. The landlord arranged to visit the resident’s home on 9 October 2023, but the offer was declined by the resident as she said she needed to speak to her solicitor. The resident solicitor issued a further letter of claim on 10 October 2023. They said there was damp on the walls in 2 of the bedrooms, and in the kitchen, bathroom and dining room.
Whilst the landlord raised a job on 8 November 2023 to carry out ‘‘additional disrepair work,’’ it is unclear from the housing records what repairs were ordered or what the timescales were for completing the identified work. It is also unclear if the work was carried out. This demonstrated poor record keeping on the part of the landlord.
A further joint survey was carried out on 5 December 2023 between the landlord and a surveyor appointed by the resident’s solicitor. Mould was found on the main bedroom ceiling and was attributed to condensation. Penetrating damp was found in the daughter’s bedroom and elevated damp readings were recorded in the bathroom. It was also noted the gutter was corroded and the brickwork was damp and stained.
A schedule of works was agreed. This included applying a mould wash in the main bedroom and bathroom, replacing a broken roof tile, repointing the roof verge and replacing wall tiles in the bathroom. It is unclear from the housing records if and when the identified works were ordered or carried out. There is also no evidence the landlord offered the resident advice or agreed an action plan with her in relation to the condensation. This was not consistent with the landlord’s damp, mould and condensation policy.
The resident sent the landlord a copy of the clean air report prepared by the hospital in relation to her child’s health in December 2023. The report noted that the resident’s daughter suffered from chest infections. The landlord arranged for an independent survey to be completed on 29 December 2023 following receipt of the report. The landlord’s actions were reasonable in the circumstances and demonstrated it took the resident’s concerns seriously. It would have also offered the resident reassurance that any recommendations that were made would be impartial.
No evidence of penetrating damp was found during the inspection. Mould identified in the bathroom was attributed to condensation. The surveyor also found the temperature in certain rooms was slightly below recommended levels and there was inadequate ventilation. This was attributed to the absence of trickle vents in the windows. It was recommended a mould wash treatment was applied in the bathroom, the missing bathroom wall tiles were reinstated and the bathroom floor resealed. It was also recommended the brickwork around the bay window was repointed.
The landlord arranged for the work to start on 29 January 2024 but was advised by the resident that she wanted to speak to her solicitor first before agreeing a start date. It sent the resident a copy of the surveyor’s report on 26 February 2024. This demonstrated the landlord was being transparent. The works were ordered on 8 March 2024. This included cleaning the gutters and moss from the walls and applying a water sealant to the brickwork. The landlord also agreed to install new flooring in the bathroom and replace the wall tiles.
The landlord confirmed on 27 March 2024 in its final complaint response that the agreed works would resolve the issue of damp and mould in the resident’s home. It agreed to provide the resident with temporary accommodation and noted the work would start on 4 April 2024. The landlord’s increased offer of £650 compensation was reasonable in the circumstances and in line with this Service’s remedies guidance.
In summary, the landlord’s records have made it difficult to determine whether its actions were reasonable and in accordance with its policies and procedures. The landlord did, however, acknowledge there were delays in carrying out the identified work and offered an apology for this. The landlord’s revised offer of compensation was consistent with this Service’s remedies guidance. In this case there was reasonable redress by the landlord in its handling of the residents reports of damp and mould.

The landlord’s handling of the resident’s request to move.

It is not this Service’s role to determine whether a resident should be rehoused. We have, however, investigated the landlord’s handling of the resident’s request for rehousing and whether it acted fairly, reasonably and in line with its policies and procedures.
The housing records confirm the resident told the landlord on 3 July 2023 she needed to move. She said the property was uninhabitable and was affecting her children’s health. She noted that her child’s consultant had written to the landlord. The landlord told the resident on the same day that she did not meet the criteria for a management move given there was no evidence the property was uninhabitable. This provided clarity and ensured the landlord managed the resident’s expectations.
The landlord reconfirmed its position on 17 July 2023 in its stage 1 complaint response. It also said it would consider providing hotel accommodation or an alternative property whilst the disrepair work was completed, if it was identified the resident was required to move out of her home. The landlord advised the resident she could register for rehousing and bid for properties that became available to let. This was consistent with the landlord’s allocations policy.
The resident sent the landlord a copy of a letter from her daughter’s doctor regarding her health on 30 August 2023 and noted again that she wanted to move. The landlord did not share a copy of the letter with this Service. Whilst the landlord responded on 1 September 2023 and noted it would confirm by 8 September 2023 whether it would rehouse the resident, there is no evidence it did this. This demonstrated poor communication on the part of the landlord.
The landlord was sent a copy of the clean air report produced by the hospital in relation to the resident’s daughter’s health on 13 December 2023. The landlord responded on 22 December 2023 and asked the resident for permission to discuss the report with the hospital. This demonstrated it took the resident’s concerns seriously. It said it would ensure the resident’s rehousing application was correctly banded and would offer her support in bidding for properties. It also suggested the resident widened her choice of areas given the number of properties in these areas were limited. The landlord’s actions were reasonable in the circumstances.
The resident responded on the same day and said she could not widen her choice of areas given she needed support. She asked the landlord to work with other housing providers to find another property. The landlord confirmed with the resident on 12 January 2024 that it was reviewing the clean air report provided by the resident and her request for a management move. It also discussed her rehousing options with her and provided the hospital with an update on 5 February 2024. The landlord’s actions were reasonable in the circumstances.
The resident contacted the landlord on 23 February 2024 and queried if she could be considered for a property that had become empty. The landlord responded on 26 February 2024 and noted that it did not own the property and it was unable to allocate it to her. It also confirmed the resident did not qualify for a management move given her property was habitable. It confirmed on 29 February 2024 that it was unable to increase her rehousing banding. This provided clarity and ensured the landlord managed the resident’s expectations. The landlord told the resident on 7 March 2024 that it was happy to provide a reference if required.
The landlord advised the resident on 27 March 2024 in its final complaint response that it would provide the resident with temporary accommodation whilst the work was completed in her home. It again confirmed that she was not eligible for a management move but could bid for properties that became available. The landlord’s actions were reasonable in the circumstances.
In summary, the landlord considered the resident’s request for a management move and determined she did not meet the criteria. It advised the resident on a number of occasions on its position and liaised with the hospital. It also advised the resident it could not allocate homes owned by other landlords, but she could bid for properties that became available. In this case, there was no maladministration by the landlord in its handling of the resident’s request to move.

Determination

In accordance with paragraph 53b of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in its handling of the resident’ s reports of damp and mould and the associated works.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s request to move.