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Southwark Council (202400746)

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REPORT

COMPLAINT 202400746

Southwark Council

30 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 handling of the residents reports of:
    1. Heating issues.
    2. Damp and mould.
  2. The Ombudsman has also considered the landlords complaint handling.

Background

  1. The resident has been a secure tenant of a 2-bedroom maisonette since 2009.
  2. Between November 2022 and January 2023 the resident told the landlord on several occasions she had no heating. The landlord repaired the heating each time. It recorded during that period there was damp and mould at the property.
  3. The resident complained to landlord on 23 January 2023 about the issues with the heating and damp and mould.
  4. On 15 February 2023 the landlord sent its stage 1 complaint response to the resident. It offered £107 compensation for the inconvenience and for the time she was without heating.
  5. The resident complained to the landlord about the damp and mould in the property on 15 August 2023. The landlord did not reply, so she emailed it on 27 November 2023. She said she had no heating again.
  6. The landlord sent its stage 2 complaint response to the resident on 18 January 2024. It said it had arranged to repair the heating.
  7. The resident contacted us on 6 April 2024. She said she remained dissatisfied with the landlords handling of her complaint.

Assessment and findings

Scope of investigation

  1. The resident has told us of the impact the damp and mould has had on her and her family’s health. Whilst this Service is an alternative to the courts, it is unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health. Matters relating to personal injury or damage to health are likely better suited to consideration by a court or via a personal injury claim. However, we will consider any general distress and inconvenience caused where there has been a failing by the landlord.

The landlords handling of reports of heating issues

  1. On 10 occasions between 7 November 2022 and 23 January 2023 the resident told the landlord she had no heating. The landlord recorded it was an ongoing issue with a communal boiler which provided heat to her property.
  2. The landlord’s repairs policy states having no heating requires an emergency repair. The policy says it should attend the property within 24 hours to repair the issue. On each occasion the resident reported no heating, the landlord’s records show the boiler was repaired the same day the issue was reported. The landlord’s response on these occasions were within its policy timescale.
  3. The resident complained to the landlord on 23 January 2023. She said the central heating had only worked for 3 weeks during the winter. She said she had young children in her household, and she could not afford to keep using a portable heater to heat the property. The landlord acknowledged the complaint on 25 January 2023. It said it would reply by 15 February 2023.
  4. The landlord emailed the resident on 9 February 2023. It asked if the heating was working at that time. She confirmed it was 4 days later.
  5. The landlord sent its response at stage 1 of its complaint process to the resident on 15 February 2023. It said it had checked with its heating contractors and there was an issue with the heating plant room that provided heat to her property. It confirmed she had told it the heating was working at the time of its response.
  6. The landlord apologised and offered £50 compensation for the inconvenience caused by the heating not working. It also offered an additional £57 compensation based on 19 days without heating. It calculated this amount based on its compensation policy which allowed for £3 per day, each day the heating was not working. The landlord did not stipulate the dates it had used to calculate its award. The landlord’s response failed to detail what, if any measures it had taken to prevent a re-occurrence of the issue which had caused many interruptions to the resident’s heating supply.
  7. The resident reported she had no heating on 26 April 2023. The landlord’s records show it was repaired the same day.
  8. On 27 November 2023 the resident complained to the landlord. She said she had no heating again. The landlord acknowledged the complaint on 6 December 2023. It said it would reply by 5 January 2024. There is no evidence the landlord took action to repair the heating.
  9. The resident emailed the landlord on 13 December 2023. She said she had no heating for nearly a month. The landlord recorded its contractor tried to access the property the same day, but they were unsuccessful. The landlord emailed the resident on 18 December 2023. It said its contractor had not been able to access the property, but they would contact her to arrange to repair the heating. The resident replied the same day. She said she had no heating for over a month. She said the contractor had not contacted her on 13 December 2023 and she was at home all day.
  10. There is no evidence further action was taken to repair the heating until the landlord recorded its contractor unsuccessfully tried to gain access to the property on 17 January 2024.
  11. The landlord sent a stage 2 complaint response to the resident on 18 January 2024. It told her its heating contractor had tried to gain access to the property but was unsuccessful. It said it had arranged for the heating issue to be investigated on 22 January 2024. It said she had been compensated for the lack of heating when it sent its previous complaint response. It added it had tried to carry out repairs since then, but there had been issues accessing the property.
  12. It is not clear from the landlord’s evidence whether the issues which effected the heating supply in January and February 2023 were the same as those that related to the lack of heating from November 2023. If the issue was a new problem, it would be reasonable to expect the landlord to deal with the issue as a new complaint at stage 1. However, the landlord chose to respond to the resident at stage 2. It is reasonable to assume based on this that the complaint referred to the same problems dealt with at stage 1.
  13. The landlord’s stage 2 complaint response did not recognise that issues with the heating had been ongoing since November 2022. It claimed the delays in repairing the boiler had been due to not gaining access. The response did not address that the resident had been without heating since November 2023. The response did not identify or acknowledge that in any event, the landlord’s attempts to attend fell far beyond the response timescales set out for an emergency response in its repairs policy. The landlord failed to offer compensation for the delayed repairs or make a payment for each day the resident was without heating as per its compensation policy. The stage 2 response lacked empathy or an appreciation of the inconvenience the resident would have sustained due to being without heating for a prolonged period for the second winter in a row. Instead, it sought to minimise its part in the delay by stating the resident’s inability to provide access to the property was the main cause of the delay.
  14. The resident emailed the landlord on 20 January 2024. She said when she tried to reply to arrange appointments the contractors did not respond. She said her electricity bill had increased due to having to use portable heaters. She said she wanted compensation for the costs she incurred due to the lack of heating. There is no evidence the landlord responded.
  15. The landlord recorded on 23 January 2024 that the heating had been repaired. This was 58 days after the resident reported the re-occurrence of the problem. The response time was far outside of its emergency repair timescales. The landlord explained the issue which caused the heating to fail was with the communal boiler. It did not say if action was taken to seek to prevent it happening again.
  16. The resident reported she had no heating again on 12 February 2024. The landlord recorded the repair was completed on 4 March 2024. That was 20 days after it was reported.
  17. The resident contacted us on 6 April 2024. She said she was unhappy with the landlord’s response to her complaint.
  18. The landlord’s records show that problems occurred with the resident’s heating again in on 21 November 2024. It was repaired on 11 December 2024, which was 21 days after it was reported. However, the resident reported she had no heating on 21 December 2024. It is unclear when it was repaired, but the landlord replaced the radiators in the property in February 2025.
  19. When a failure is identified, as in this case, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: Be Fair, Put Things Right and Learn from Outcomes as well as our own guidance on remedies.
  20. The evidence shows the landlord initially responded promptly to the reports of no heating from the resident. In its stage 1 response it offered compensation for it in line with its policy for the days the resident was without heating. However, the landlord’s offer of £50 compensation for the inconvenience experienced in having no heating on several occasions was not reflective of the extent of the distress it caused her and her family to be in this position in winter months. The landlord also failed to give the resident a reassurance it had taken action to prevent a re-occurrence of the issue in the future.
  21. The evidence shows the issues with the heating re-occurred and led to a further complaint from the resident. The landlord’s stage 2 response was unreasonable and offered no actual resolution to the resident’s complaint. There was no compensation offer, despite the provisions to do so being in place from its compensation policy and there was no acknowledgement of a repeat failing or empathy for the resident suffering the same issue, 2 winters in succession.
  22. The problem with the heating persisted beyond the landlord’s stage 2 response, with the problem being rectified in March 2024. Despite that, the issue happened again in November and December 2024.
  23. In summary, the landlord failed to conduct repairs in a meaningful time, and it did not provide a lasting solution to the issue. It failed to offer an appropriate level of compensation for the inconvenience caused by its inability to fix the problem and it inconsistently applied its own compensation policy.
  24. These failings lead to a determination of maladministration in the landlord’s handling of the resident’s complaints about the issues with her heating. The landlord is ordered to pay additional compensation to the resident. In addition to specific compensation to reflect the distress and inconvenience caused by the landlord’s failings, it is ordered to pay the additional sum of £297. This is to reflect the £3 per day payment set out in its compensation policy for lack of heating calculated at the 99 days for which the landlord has records of the issue being present.

The landlord’s handling of reports of damp and mould

  1. Landlords need to make sure their homes are safe, warm, and free from hazards. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. They must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved.
  2. On 7 November 2022 the landlord recorded there was an ongoing damp issue at the resident’s property. It is not recorded when the resident first reported the problem. The landlord carried out a damp and mould inspection on 15 November 2022. It said there was a lot of condensation in the property, but no other information was recorded.
  3. The landlord’s damp and mould policy states it treats the issue as a non-urgent repair. It says it will inspect the property within 20 working days and tell the resident what action it will take. The landlord then aims to carry out non-urgent repairs within 20 working days. It also says it will contact the resident around 4 weeks after works are completed to check if there are still problems. Although the landlord inspected the property within its policy timescales, it did not took no further action even though it said there was a lot of condensation.
  4. The resident made a complaint to the landlord on 23 January 2023. She said there was damp and mould in the property. The landlord acknowledged the complaint on 25 January 2023.
  5. The landlord treated the bathroom for mould on 30 January 2023, including the ceiling. It also applied mould treatment to the bedrooms. This was outside of its repair policy timescale of 20 working days.
  6. On 15 February 2023 the landlord sent its stage 1 complaint response to the resident. It said following its inspection of the property it had raised work orders to treat the damp and mould, including renewing bedroom windows and installing vents in the property. It said it had told its contractors to contact her to arrange appointments to complete the works.
  7. A review of the landlord’s stage 1 complaint shows it had taken action to seek to address the damp and mould at the property. However, considering it first recorded the issues in November 2022, it failed to acknowledge it had not taken action to treat the problem in line with its policy timescales until 30 January 2023. The landlord also failed to offer any redress for the delay.
  8. The resident sent a complaint to the landlord on 15 August 2023. She said it was meant to install vents in the property, but it had not done so. She said there was constant condensation in the bathroom, and it was causing mould. She said the issues she raised were affecting her family’s health.
  9. The landlord recorded on 29 August 2023 that it would inspect the property for damp and mould. It said on 10 September 2023 there was no ventilation in the bathroom. It carried out the inspection on 25 September 2023, although no other details were recorded. It recorded in its notes on 14 November 2023 that it completed ventilation works in the bathroom. The time taken to complete the necessary works was outside of its 20-day non-urgent repair timescale.
  10. As the landlord had not replied to her complaint, the resident emailed again on 27 November 2023. She said there was still condensation and mould in the bathroom. She also told it on 13 December 2023 she could not close the bathroom door due to damage caused by condensation.
  11. On 20 December 2023 the landlord replaced the bedroom windows. It is reasonable to expect major works, such as replacing windows, will take longer than non-urgent repair timescales. However, in this case it took the landlord 11 months to complete the works from when it first said it would. The time taken to replace the windows was unreasonable.
  12. The landlord sent its stage 2 complaint response to the resident on 18 January 2024. It reiterated the details of its stage 1 complaint response and said it was due to carry out repair work due to the damp and mould in the property. It did not give details of any works it had completed, and instead said there had been issues gaining access to the property to complete the works.
  13. The landlord’s complaint response did not address the complaint about the damp and mould in the property. Although some actions had been taken to try to address the issue, the landlord did not state these, or its plan and timetable to resolve the issue. The landlord also failed to recognise the delays in carrying out the agreed works from February 2023 or offer redress for its shortcomings.
  14. The resident emailed the landlord on 20 January 2024. She said it had not addressed the issues with the bathroom. There is no evidence the landlord replied to her.
  15. The resident contacted us in April 2025. She said there are still repair works outstanding in the bathroom, including the damaged bathroom door caused by damp and condensation.
  16. In summary, since it recorded in November 2022 there was damp and mould in the property, the landlord took some action to attempt to address the issues. It completed damp and mould treatments, it replaced bedroom windows and added vents to the bathroom. However, those actions either took longer than the time allowed by its policy timescales, or took an unreasonable length of time to complete. As a consequence, the resident had to keep contacting it about the matters. There is also no evidence the landlord was proactive in enquiring if the works had been successful, as per its policy. The landlord did not acknowledge its delays in its complaint responses or offer an apology or compensation.
  17. The landlord’s failure to adhere to its policy timescales and the lack of redress offered to the resident for that leads to a determination of maladministration. An order for compensation has been made below.

Complaint handling

  1. The landlord operates a 2-stage complaints process. In 2023 its policy stated it should acknowledge complaints within 3 working days. It aimed to send its stage 1 complaint response within 15 working days, and its stage 2 response within 25 working days. This was not in accordance with paragraph 5.13 of the Ombudsman’s Complaint Handing Code (the Code) 2022 which says landlords should respond to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days. The landlord has since amended its policy to comply with the Code.
  2. The resident complained to the landlord on 23 January 2023. The landlord acknowledged it on 25 January 2023, which was within its policy timescale.
  3. The landlord sent its stage 1 complaint response to the resident on 15 February 2023. The time taken to respond was within its policy timescale, but not the Code.
  4. The resident made a further complaint to the landlord on 15 August 2023. The landlord took no action, so she complained again on 27 November 2023. It acknowledged the complaint on 6 December 2023. The failure to acknowledge the earlier complaint and the subsequent time taken to respond was outside of its policy timescale and was unreasonable.
  5. On 18 January 2024 the landlord sent a stage 2 complaint response to the resident. This was 5 months after she escalated her complaint and significantly outside of its policy timescale to reply. The landlord did not apologise or offer any redress for the delay.
  6. In summary, the evidence shows there were delays in the landlord’s complaint handling process, including a significant failure to comply with its policy at stage 2. It did not acknowledge or provide redress for these failings. This leads to a determination of maladministration in the landlord’s complaint handling. An order for compensation had been made below.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in handling of reports of heating issues.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in handling of reports of damp and mould.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its complaint handling.

Orders and recommendations

  1. Within 4 weeks of the date of this report, the landlord must:
    1. Apologise to the resident for the failings identified in this report.
    2. Pay £1,197 compensation to the resident. The landlord may deduct from the sum of £107 awarded as part of its internal complaints process, if already paid. The balance should be paid directly to the resident and not offset against any rent or service charge account. The compensation is broken down as follows:
      1. £697 for the landlord’s handling of the residents reports of heating issues. This comprises of £400 for the distress and inconvenience suffered by the resident and £297 for the lack of heating at £3 per day for 99 days, as per the landlord’s compensation policy.
      2. £350 for the landlord’s handling of the residents reports of damp and mould.
      3. £150 in recognition of the complaint handling failures and the time, trouble and inconvenience caused to the resident.
    3. Arrange to survey the property, and if required produce a schedule of works for any outstanding damp and mould or heating related repairs that are identified. Any works identified should be scheduled to start within 4 weeks of the survey. A copy of the schedule, and/or the results of the survey should be shared with both the resident and this Service.