Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould

The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.

The case was one of almost 100 highlighted in the Ombudsman’s latest ‘Learning from: Severe Maladministration’ report, focussing on landlords’ timeliness.

In another case the Ombudsman had ordered a payment of £9,000 and made a finding of severe maladministration against a major social landlord after it failed to deal with damp and mould for four years. This was still outstanding when the determination was made.

The report, for the first time, required the compilation of an annex due to the significant number of severe maladministration decisions that relate to damp and mould.

The Ombudsman, Richard Blakeway, said the issue of managing damp and mould cases was coming into “sharp focus” with the government’s intention to introduce Awaab’s Law into both the social and private rented sectors.

The report reveals that 50% of the Ombudsman’s casework now covers issues regarding damp and mould cases.

The landlords named in this report are:

  • Bromford
  • Clarion
  • Croydon Council
  • Curo Group
  • Islington Council
  • Kingston upon Thames Council
  • Lewisham Council
  • Barking and Dagenham Council
  • Longhurst Group
  • L&Q
  • Metropolitan Thames Valley
  • Moat Homes
  • PA Housing
  • Peabody
  • Places for People
  • Sanctuary
  • Southwark Council
  • Sovereign Network Homes
  • Swindon Council
  • Waltham Forest Council

Richard Blakeway, Housing Ombudsman, said: “It is clear is that landlords are still struggling with timescales. This is despite policies often setting out a clear sequence of actions and existing obligations requiring reasonable resolution times.

“Throughout these cases landlord inspections are revealed as limited or repeated because of poor records before action is taken, with living conditions deteriorating during these delays. Often there can be a disconnect between the survey recommendations and the schedule of works as these repairs being delayed. Cases also include repairs being ‘completed’ but issues remaining for the resident and cases being closed without follow up inspections or communication with the resident.

“Together with the human impact, these delays can result in greater costs for the landlord, both in terms of repairs and avoidable redress. Landlords need to reevaluate approaches to compensation using these cases, to embed a fair and reasonable approach within local complaints procedures, which is an expectation of the statutory Complaint Handling Code. It is wholly unreasonable to offer just £150 to a resident who lost both their bedrooms to mould for more than a year, as happened in one case.”

He added: “Moreover, addressing the root causes of inadequate inspections and delays means resources can go into services rather than redressing service failings.

“We encourage landlords to engage positively with the lessons these cases provide and opportunities through our Centre for Learning. These are invaluable and will help you to provide an improved service for your residents.”

The full report, ‘Learning from: Severe Maladministration’ October 2024, is available here.

Harry Rodd