Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Southwark Council (202309926)

Back to Top

REPORT

COMPLAINT 202309926

Southwark Council

16 April 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.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident is a secure tenant with the landlord, a Local Authority. He lives on his own in a 3-bedroom flat.
  2. On 15 February 2023, the resident reported that there was damp and mould in a small bedroom cupboard. Following an inspection on 5 April 2023, works were arranged to treat the mould in the bedroom cupboard and install extractor fans in the kitchen and bathroom.
  3. The resident raised a formal complaint on 14 May 2023 as there had been a lack of progress in arranging and completing the works. The landlord issued its stage 1 response on 22 June 2023. It apologised for the time taken to deal with the works and arranged an inspection to take place on 29 June 2023 to assess the works that remained outstanding.
  4. The resident initially escalated his complaint in July 2023 and then again on 28 September 2023, due to the lack of progress and poor communication. The landlord issued its stage 2 complaint response on 10 October 2023. It said that:
    1. its response at stage 1 of its process was outside of its policy timescales
    2. communication had been poor, and that the resident should not have needed to chase for updates
    3. it apologised the original stage 2 escalation form was not received – this was due to a link on its stage 1 response being incorrect
    4. repairs had not been completed in line with its policy timescales
    5. it had booked outstanding repairs to be completed on 11, 14 and 15 October 2023
    6. compensation of £780 would be paid, broken down as:
      1. £250 for the time and trouble
      2. £240 for the delays
      3. £240 for the distress
      4. £50 for a failed appointment on 9 October 2023
  5. Following receipt of the stage 2 complaint response the resident referred the complaint to the Ombudsman. The outstanding work was completed at the resident’s property in November 2023.
  6. The resident has said that while the works were completed, he was frustrated with the long delays and was very distressed. He considers a further payment of compensation should be made. This is due to the additional time taken to complete the work and that the compensation would be paid to him, regardless of his reluctance to accept it.

Assessment and findings

Scope of Complaint

  1. The resident has told us that since he referred his complaint that damp has started to reappear in his kitchen and that his kitchen extractor fan has become faulty. In the interest of fairness, the scope of this investigation is focussed on the issues raised during the resident’s formal complaint. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction. If the resident is unhappy with the landlord’s actions dealing with the new damp and extractor fan issues in the kitchen, he should raise a new complaint directly with the landlord.

Damp and mould

  1. The landlord’s repair policy has 3 categories:
    1. emergency repairs – fixed within 24 hours
    2. urgent repairs – fixed within 3 working days
    3. non-urgent repairs – fixed within 20 working days
  2. At the time of the resident’s report of damp in February 2023, damp was considered a non-urgent repair. The landlord’s repairs guide at the time said that when damp was reported, the landlord would inspect the property within 20 working days to decide what to do next.
  3. The landlord followed its policy when the resident reported damp in his bedroom cupboard on 15 February 2023. It scheduled a repair appointment for 3 March 2023. The resident cancelled the 3 March 2023 appointment and on 9 March 2023 called to rearrange for a future date. The landlord arranged a damp inspection for 5 April 2023. Both appointments were set within the 20-working-day timeframe from the resident’s requests.
  4. After the inspection, work was recommended to treat the mould in the bedroom, add thermal lining to the bedroom wall, and install extractor fans in the kitchen and bathroom. However, the landlord did not schedule this work until the resident asked for an update on 18 April 2023. This lack of communication and failure to arrange the works was unreasonable, and did not align with it’s customer experience policy of being open, honest, and accountable.
  5. The landlord visited the resident’s property on 24 April 2023 to assess the works needed and arrange materials. On 5 May 2023, it treated the bedroom cupboard with a mould wash, but did not complete the other recommended repairs. More than 20 working days had passed since the inspection on 5 April 2023, and the full work was not done. This was unreasonable and caused the resident distress and inconvenience, leading to his complaint on 14 May 2023.
  6. On 26 May 2023, the landlord said it was working with its damp and mould team, but no further action was taken by 9 June 2023 when the resident asked for an update. The landlord responded the same day, asking what work was still needed. The resident said work was still required on his bedroom cupboard and to install extractor fans, and that a new mould issue had appeared in his hallway storage cupboard.
  7. Another 19 working days had passed since the resident’s complaint on 14 May 2023, with no action to complete the recommended work. The landlord asking the resident what work was outstanding showed poor record keeping and case management. The ongoing delay and poor record keeping increased the resident’s distress and inconvenience.
  8. Further work was done on the bedroom cupboard on 13 June 2023, but no other recommended work from the 5 April 2023 inspection or the resident’s email of 9 June 2023 was scheduled. This delay caused the resident more distress and inconvenience.
  9. On 22 June 2023, the landlord issued its stage 1 complaint response, recognising it had not arranged all the recommended work but said that all outstanding repairs had been requested. However, no action was taken until the resident’s councillor intervened on 12 July 2023, leading to another inspection on 21 July 2023, which confirmed the work would be scheduled.
  10. Between 27 June and 21 July 2023, the resident had to chase the landlord 5 times for updates. It had been 73 working days since the original inspection, and several recommendations were still incomplete. This was unreasonable, causing the resident to spend time chasing the landlord and dealing with the distress of living with damp and mould.
  11. After 21 July 2023, the landlord arranged for mould treatment in the hallway cupboard, the installation of extractor fans, and work on the bedroom cupboard. However, there is no evidence that the landlord effectively communicated these appointments to the resident.
  12. The resident had to chase the landlord 6 times between 21 July and 28 September 2023 for updates and appointment details, leading to some appointments being rearranged or missed. This poor communication was unreasonable. Its actions did not align with the landlord’s value of being open and added to the resident’s distress.
  13. On 28 September 2023, the resident escalated his complaint, stating that there was still outstanding work, including a mould wash, installation of extractor fans in the kitchen and bathroom, and work on the hallway cupboard.
  14. The same day, the landlord installed an extractor fan in the bathroom and attempted to work on the hallway cupboard. However, follow-up work was needed to complete the wiring for the fan, and due to a mix-up in the job details provided, the hallway cupboard work could not be finished. This meant that 121 working days after the first inspection in April 2023, the recommended work was still incomplete, exceeding the 20-working-day timeframe for non-urgent repairs by 101 working days. This was unreasonable and caused the resident distress and inconvenience.
  15. On 6 October 2023, work was arranged to:
    1. insulate and seal the hallway cupboard on 9 October 2023
    2. wire the bathroom extractor fan on 9 October 2023
    3. paint the bedroom cupboard on 11 October 2023
    4. complete all other outstanding work, such as the thermal boarding, on 14 and 15 October 2023
  16. The landlord completed the wiring of the bathroom extractor fan on 9 October 2023. However, other work scheduled for that date and the appointment on 11 October were rescheduled to 14 and 15 October 2023. The resident was not informed of this change until the day of the appointments, causing him to stay home unnecessarily. This increased the resident’s frustration and did not align with the landlord’s value of “treating residents like valued family members”.
  17. Despite some work being done on 14 and 15 October 2023, not all tasks were completed. The resident had to chase the landlord, who then scheduled the remaining work for 28 October 2023. This delay caused the resident more distress and inconvenience, showing the landlord’s failure to follow through on its promises.
  18. On 28 October 2023, the landlord still did not complete all the work. The kitchen extractor fan, recommended in April 2023, was finally installed on 21 November 2023, along with some work to the bedroom cupboard and a mould wash. It took the landlord 159 working days to finish the April 2023 inspection tasks, exceeding the 20-working-day timeframe by 139 days. This was unreasonable and caused the resident distress, inconvenience, and the trouble of constantly chasing for updates.
  19. Our spotlight report on complaints about damp and mould, published in October 2021, says that damp and mould should be a high priority for landlords. They should take a zero-tolerance approach, be proactive in finding potential problems and clearly communicate to residents about actions. Where inspections result in recommended works to tackle condensation, damp or mould, landlords should ensure they act on the recommendations promptly.
  20. Throughout the 159 working days following the April 2023 inspection, the landlord’s actions did not follow the recommendations set out in the spotlight report. While it was positive that an inspection took place within its 20-working day repair timescale, it failed to promptly act on the recommendations made. It also did not communicate in an effective way, often leaving the resident unaware of appointments and having to chase for updates. This led to the resident becoming frustrated and distressed at the lack of urgency in the landlord’s actions.
  21. In its stage 2 complaint response on 10 October 2023, the landlord acknowledged the delay in completing the work was unreasonable. It committed to arrange the outstanding work and monitor it to ensure completion. It also offered compensation totalling £780, which was broken down as:
    1. £250 for the time and trouble
    2. £240 for the delays
    3. £240 for the distress
    4. £50 for a failed appointment on 9 October 2023
  22. This was in line with the landlord’s own compensation policy which says that payments should be made where there has been a medium impact. That a medium impact is where there has been a clear injustice to the resident, and it had failed to meet its required standard. In cases such as this it would consider the following amounts:
    1. £250 for time and trouble
    2. £50 for missed appointments depending on the case
    3. £10 per week for a medium impact delay
    4. £10 per week for medium impact distress
  23. The total amount of compensation for the distress, delay and time and trouble is also broadly in line with our remedy’s guidance. Our guidance says that if there has been a failure that significantly affects a resident a payment of between £600 to £1,000 should be considered. Therefore, the compensation offered to the resident up to 10 October 2023 was proportionate to the failings of the landlord.
  24. We have considered if the offer of compensation and commitment to complete and monitor the outstanding works amounted to reasonable redress. However, between 10 October and 21 November 2023, the landlord did not improve its actions, nor keep to its commitments. The resident had to chase for appointments and similar failings the landlord had identified in its stage 2 complaint response were repeated. This failure to learn from its mistakes added to the resident’s distress and therefore, amounts to maladministration.
  25. There was a further 6-week delay after the stage 2 complaint response before all work was completed for the resident. This included repeated failings such as lack of effective communication and a failure to complete the work when it said it would. Therefore, the landlord is ordered to pay the resident a further £220, in addition to the £780 already offered. This is broken down using the landlord’s own compensation policy as:
    1. £100 for added time and trouble.
    2. £60 for a 6-week delay
    3. £60 for distress over 6 weeks

Complaint Handling

  1. The landlord’s complaint policy at the time said that it would respond at stage 1 of its process within 15 working days, and at stage 2 within 25 working days. It also says that it will acknowledge receipt of the complaint and escalation within 3 working days.
  2. The landlord’s acknowledgement and response to the resident’s complaint at stage 1 of its process was outside of its policy timescales. It took 6 working days to acknowledge the complaint and 28 working days to respond to the complaint. This was an unreasonable delay and caused the resident some frustration and distress.
  3. The resident first escalated his complaint in July 2023 using a link supplied by the landlord in its stage 1 complaint response. However, the link provided by the landlord was incorrect and this meant no acknowledgement or response was provided to this escalation. The failure to provide the resident with the correct details to escalate his complaint was unreasonable and caused further distress.
  4. On 28 September 2023, the resident escalated his complaint again. This was acknowledged on 3 October 2023 and a stage 2 complaint response was sent on 10 October 2023. It was positive that the landlord responded within its timescales at stage 2 of its process. This allowed the resident to escalate his complaint to the Service without any further delay.
  5. Overall, the landlord’s complaint handling did not follow its own policy timescales at stage 1 and its stage 1 response did not provide the correct details to enable the resident to escalate his complaint. The landlord acknowledged these failings in its stage 2 response and apologised.
  6. While it is good that the landlord apologised to the resident for these failings, this remedy does not go far enough to fully recognise the impact to the resident. Therefore, there was service failure in relation to the landlord’s complaint handling.
  7. The impact to the resident was over a short duration and once the landlord issued its stage 2 response, the impact to the resident ended. Therefore, the landlord is ordered to pay the resident compensation of £100 for its complaint handling failings. This is in line with our guidance on remedies for a failing that caused distress and inconvenience, but did not affect the overall outcome for the resident.

Determination

  1. In accordance with paragraph 52 of the Scheme there was:
    1. maladministration in the landlord’s handling of the resident’s reports of damp and mould
    2. service failure in the landlord’s complaint handling

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this report the landlord is ordered to:
    1. write an apology to the resident for the failings found in this report – and provide a copy to the Service.
    2. pay compensation to the resident totalling £320 (in addition to the £780 already offered), broken down as:
      1. £220 for its handling of damp and mould reports
      2. £100 for its complaint handling

Recommendations

  1. It is recommended that the landlord contact the resident to discuss the reoccurrence of damp and any faults with his extractor fans.