Southwark Council (202333479)
REPORT
COMPLAINT 202333479
Southwark Council
25 February 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 the landlord’s:
- handling of reports of leaks, damp and mould and associated repairs.
- complaint handling.
Background
- The resident is a tenant of the landlord. At the time of the complaint, she occupied a 2-bedroom top-floor maisonette with her 5 children. 2 of her children have asthma and 1 has autism which the landlord is aware of. The resident moved out of the property in December 2024.
- On 29 September 2023 the resident reported to the landlord that her toilet pan was cracked and leaking. She then reported on 19 November 2023 that water was leaking through her electrics. The landlord attended the same day and made the property safe. On 12 December 2023 the landlord inspected and found that the heating pipe beneath the bedroom floor was leaking into the kitchen. The next day the landlord’s contractor isolated the heating and hot water and supplied the resident with 2 fan heaters. On 18 December 2023 the contractor carried out a pressure test and found that a re-pipe was needed.
- On 28 December 2023 the resident complained to the landlord. She said the leaks had worsened and were coming through the hallway ceiling, causing damp and mould. She added that one of her kitchen cupboard shelves had collapsed and that she had to remove her carpet. She was concerned about the situation as 2 of her children had asthma and she also had a 1-year-old baby. On 9 January 2024 the resident said she had no heating or hot water for 4 weeks, the house was freezing and the heaters the landlord provided were ‘rubbish’. She explained that she had to borrow heaters from a friend which had increased her electricity usage. She said that she was still suffering from leaks, damp and mould and that her toilet was still cracked and leaking.
- On 16 January 2024 the landlord responded to the complaint at stage 1 of its complaints process. In summary, it said:
- It attended to the reported leak from her toilet on 13 December 2023 and found that an asbestos test was needed for the bathroom tiles and toilet cistern. It had booked this test for 17 January 2024.
- It found that an extended appointment would be needed to cut out the stack and change the toilet.
- On 12 December 2023 it was found that the leak was not coming from the airing cupboard or toilet, but rather from the heating pipe under the bedroom floor.
- It had made an appointment for 8 February 2024 to inspect the damp and mould.
- It would offer £130 compensation in recognition of the delays in the works being carried out and the time and trouble taken to chase these.
- The same day the resident told the landlord that she was unhappy with the amount of compensation offered. She said it did not cover 2 weeks of electricity to keep the flat and her children warm. She added that she was without heating and hot water for 5 weeks. She was also unhappy with the delays in resolving the leak and explained that there were missed appointments to repair her toilet. In response, the landlord said that the compensation offered was in line with its policy.
- The contractor replaced the heating pipes on 17 January 2024. However, they believed the leak may be from the hot or cold pipe coming from the airing cupboard to the kitchen. On 19 January 2024 the landlord inspected the heating and found that new parts were needed and left the heating working temporarily. On 23 January 2024 following further reports from the resident of a leak from her hallway cupboard, the landlord attended and found the cold feed nut was leaking and tightened it. On 14 February 2024 the landlord’s contractor confirmed there was no leak from the central heating pipes and believed the leak to be from the pipes under the floor. The same day the resident told the landlord that she still had leaks and damp and mould in the property.
- Following contact from the resident, this Service wrote to the landlord on 23 February 2024 and asked it to formally respond to the resident’s concerns by 1 March 2024. Subsequently, the landlord escalated the complaint. Following further contact from the resident this Service asked the landlord to formally respond to the resident’s concerns by 8 April 2024.
- On 10 April 2024 the landlord issued its stage 2 final response. It provided an extensive repair timeline from 29 September 2023 onwards and in summary, said:
- It apologised for not responding to the resident’s concerns raised on 16 January 2024 and 14 February 2024 and for the delay in issuing its stage 2 response.
- It apologised for the delays in resolving the leaks.
- It raised an order to remove the leaking asbestos water tank and damaged ceilings in the kitchen and hallway for 25 and 26 April 2024.
- It requested that these works be brought forward, and, in the meantime, would arrange an urgent mould wash.
- The compensation amount awarded at stage 1 was insufficient considering the effect the outstanding repairs had on the household, and it would assess any compensation due after the works were completed.
- Any damage to the household’s health or possessions needed to go through its insurance process.
- The resident subsequently asked the Ombudsman to investigate her complaint. She informed this Service in May 2024 that work had started but had not finished and the landlord had uncovered more issues. She was unhappy with how long the remedial works took and felt the property was a health hazard. She added that the damp and mould caused health issues for her and her children, and the landlord had not offered additional compensation as indicated in its stage 2 response. As a resolution she wanted the landlord to acknowledge and apologise for its handling of this case.
Assessment and findings
Scope of investigation
- The resident said that the damp and mould problems had a serious effect on the household’s physical health. The Ombudsman does not doubt the resident’s comments. However, it is beyond the expertise of this Service to determine whether there was a direct link between the damp and mould within the property and the household’s health. The resident therefore may wish to seek independent advice on making a personal injury claim if they consider that their health has been affected by any action or lack thereof by the landlord. Whilst we cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced as a result of any errors by the landlord.
The landlord’s handling of reports of leaks, damp and mould and associated repairs
- The landlord does not dispute that there were failings in its handling of this matter. Where the landlord admits failings, the Ombudsman’s role is to consider whether it resolved the resident’s complaint satisfactorily in the circumstances and offered appropriate redress. In considering this, the Service assesses whether the landlord’s actions were in line with the Ombudsman’s Dispute Resolution Principles: Be fair, put things right and learn from outcomes.
- The landlord’s focus on damp and mould states that it will always visit the resident when they tell it there is an issue with damp and mould. It explains that it will complete a full survey before deciding what to do next and will ensure it resolves damp and mould by carrying out the necessary treatment. Its repair policy states it will carry out damp inspections within 20 working days.
- The landlord’s repair policy states that burst pipes or hot water cylinders causing internal flooding and a total or partial loss of heating or hot water between 1 October and 31 March are emergency repairs which it will attend to within 24 hours. It states routine repairs, such as minor leaks that do not cause serious damage or safety risk will be repaired within 20 working days. The policy also states that if it makes an appointment for a repair or an inspection and it does not turn up to that appointment, the resident is entitled to claim compensation of at least £50 unless there is a reasonable excuse for missing the appointment.
- The resident first raised a repair for a cracked and leaking toilet pan on 29 September 2023. However, the landlord did not attend to this repair until 13 December 2023, over 2 months later, contrary to its repair policy timescales. This would have caused distress and inconvenience to the resident who likely felt the landlord was not taking the matter seriously. Additionally, the resident said in her 16 January 2024 escalation request that an appointment was initially arranged for this repair on 17 October 2023, however the landlord failed to turn up. She also indicated there was another appointment for this repair on 2 January 2024. Indeed, the landlord did not dispute this in its final response and there did not appear to be any explanation or ‘reasonable excuse’ for these missed appointments. This was a further failing on the landlord’s part and it should have considered compensating her for these in line with its repairs policy.
- On 19 November 2023 the resident reported water leaking through the electrics in the kitchen. The landlord attended the same day and made the property safe This was appropriate, and the landlord acted in line with its emergency repair timescales. However, the landlord acknowledged in its final response that there was a delay in inspecting and identifying the source of this leak. This was another failing on the landlord’s part. It was not until 12 December 2023 following a repair order to fix the kitchen wall unit that the landlord identified that a leak was coming from a heating pipe beneath the bedroom floor into the kitchen.
- On this occasion the landlord’s contractor attended the next day and isolated the heating and hot water. This was reasonable. It also acted fairly by providing her with alternative heating. However, this Service recognises that the resident felt that the fan heaters provided to her were unsatisfactory and it is unclear if the landlord considered this. This was inappropriate given the makeup and circumstances of the household and it should have ensured the resident had adequate provision for space heating. Indeed, the resident informed the landlord that she had to borrow heaters from a friend due to the situation. This would have caused significant distress and inconvenience to the resident who was likely left without adequate heating and no hot water for around 5 weeks and during the winter months.
- The contractor reattended on 18 December 2023 and completed a pressure test where they found that a re-pipe was needed. The resident subsequently reported on 28 December 2023 that the leaks had worsened and were causing ‘a lot of damp and mould’ and indicated that the situation was affecting the health of her children. Despite this, the landlord did not act with any level of urgency. Indeed, the landlord’s internal records stated that despite ‘jobs being raised repairs had not taken place’, adding that it ‘might find itself complacent’ in this case. Further, its internal records acknowledged that this situation needed urgent attention.
- Although the landlord likely believed the cause of the damp and mould was due to a leak from the pipes, it should have visited the resident and surveyed the property in line with its policy. Had it done so it would have likely identified the leak from the water tank cupboard sooner. It was not until 17 January 2024 when the landlord’s contractor replaced the heating pipes that they considered there was a leak from the cupboard. Its failure to recognise or address this sooner led to the resident reporting further leaks on 20 and 22 January 2024.
- The contractor attended to this latter report within the landlord’s emergency timescales and temporarily resolved the leak. However, following further investigations in February 2024 they found that the tank was asbestos and that this along with the kitchen and hallway ceiling needed to be replaced. It added that the resident would need to be moved out of the property while the work took place. These works were arranged for 25 and 26 April 2024 over 2 months later. This again demonstrated a lack of urgency, particularly as the resident continued to make the landlord aware that damp and mould were still present and affecting the health of the household. Moreover, during the repairs process, it appeared there was confusion about whether the asbestos or leak needed to be resolved first, which likely contributed to the delay in completing the remedial works. Indeed, the asbestos work was not completed until May 2024. In addition, it is unclear if the resident was moved out while this work took place. In any case, the delay in resolving this matter would have caused further distress and inconvenience to the resident.
- The resident informed this Service that the landlord resolved the leaks in March 2024, almost 8 months after her initial report. Further, the follow-up remedial works were not completed within the landlord’s policy timescales and the evidence showed that following a landlord tenancy visit in June 2024 it found that further remedial works were needed following damage caused by the leaks, including kitchen and electrical repairs. These were considerable delays, and the resident had to live in poor conditions for several months. Additionally, it is unclear if an urgent mould wash took place as the landlord committed to in its final response or if, and when, the damp and mould was resolved. This Service has seen photographs showing the damage from the leak and the damp and mould which are concerning.
- The Housing Ombudsman’s Spotlight report on damp and mould outlines that ‘landlords should recognise that issues can have an ongoing detrimental impact on the health and well-being of the resident and should therefore be responded to in a timely manner’. It continues that ‘landlords should consider appropriate timescales for their responses to reflect the urgency of the case and set these out clearly to manage resident’s expectations’. In this case, the resident was exposed to damp and mould in her property for a prolonged period because of the landlord’s inability to satisfactorily coordinate the necessary remedial works or identify the cause of the leaks at the earliest opportunity. The adverse effect caused to the resident by these failings was likely to be more significant given that she occupied the property with children with health vulnerabilities.
- The evidence showed that it did not adequately consider the needs of the household in its decision making. Given the resident was suffering from ongoing leaks, damp and mould, and had no heating or hot water for many weeks, it is unclear why the landlord did not consider decanting the resident to another property particularly as it was aware that some of the repairs would likely to take some time to coordinate. This showed a lack of understanding of the seriousness of the situation and the effect these matters had on the household.
- The landlord’s final response acknowledged and apologised for the delay in the investigation and resolution of the leaks and agreed that the £130 offered in its stage 1 response was insufficient. It did so by considering the impact of the outstanding repairs on the household and explained that it would assess the compensation following the completion of all work. However, the resident informed this Service in February 2025 that she has not received further compensation from the landlord since its April 2024 final response and this Service has seen no evidence to the contrary. This is unsatisfactory and demonstrates a lack of learning from the landlord.
- In this case, the resident lived with ongoing leaks for several months and there were considerable delays in completing all the necessary associated repairs. Overall, the landlord did not adequately consider the distress and inconvenience caused by its failings, or the potential health implications on the household which lived with damp and mould in the property for at least 4 months.
- This amounts to maladministration. The Ombudsman’s remedies guidance suggests awards of up to £1,000 compensation should be considered where failings have significantly affected the resident. In view of this, orders are made below for remedy. Although the landlord appropriately signposted the resident to its insurance process for any damage to the household’s health or possessions, the link in its final response takes you to an incorrect webpage. As such an order has been made for the landlord to provide accurate information on how the resident can pursue an insurance claim through its liability insurers.
Complaint handling
- The landlord’s complaint policy states that it will respond at stage 2 within 25 working days. On 16 January 2024 the resident said she was unhappy with the amount of compensation offered at stage 1 and said there were delays in resolving the leak. At this point, the landlord should have escalated the complaint. However, it failed to do so. Instead, it said the compensation offered was in line with its policy. This was unhelpful and would have caused frustration to the resident who likely felt her concerns were not being properly addressed. Further, it caused time and trouble for the resident who had to approach this Service for assistance.
- The resident raised further concerns about the landlord’s handling of the substantive issues on 23 February 2024. On this occasion, the landlord appropriately acknowledged this as an escalation request and said it would respond at stage 2 by 26 March 2024. Although it failed to respond by this date it informed the resident of the delays. Nevertheless, it again caused time and trouble to the resident who felt she needed the assistance of this Service to progress the complaint. In addition, it further delayed getting matters resolved.
- Overall, it took the landlord almost 3 months to respond to the resident’s complaint at stage 2. While the landlord acted fairly by acknowledging and apologising for these delays in this final response, it did not offer any compensation to put things right. In November 2024 the landlord informed the Ombudsman that it was happy to compensate the resident for this delay, however, it is unclear if it has done so. In view of this, an order of compensation has been made below.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of reports of leaks, damp and mould and associated repairs.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of its complaint handling.
Orders
- The landlord must do the following within the next 4 weeks:
- Provide a written apology for the failures identified in this report.
- Pay the resident compensation of £1,100 comprised of:
- £130 as offered in its stage 1 response if it has not done so already.
- A further £870 for the significant distress and inconvenience caused by the landlord’s handling of reports of leaks, damp and mould and associated repairs.
- £100 for the frustration and time and trouble caused by the landlord’s complaint handling.
- Review the failings identified in this report to determine what action has been/will be taken to prevent a recurrence of these. The landlord should write to the Ombudsman and the resident with the outcome of this review.
- Inform the resident in writing how she can pursue a claim for any damage to her possessions and/or the household’s health through its liability insurance.
- The landlord must provide this Service with evidence of compliance with these orders within the timescale set out above.