Industry News
Big compensation payouts to council tenants over damp and mouldy conditions
T
he Housing Ombudsman has awarded £40,000 in compensation to residents aſter they were leſt in “dire damp and
mouldy conditions” by Lewisham Council. In addition the Ombudsman found three findings of severe maladministration by the landlord. Collectively the cases show how landlords should
be using complaints to identify potential issues. Te level of compensation awarded in two cases reflects the rent paid by the residents during a period where the significance of the failings meant they lost enjoyment of their homes. In Case A the Ombudsman ordered the landlord
to pay nearly £20,000 in compensation aſter significant failings leſt a family in unsuitable conditions, such as mould on a baby’s cot bed. Te landlord failed to provide sufficient
evidence to demonstrate the steps it took to investigate the root cause of the damp and mould and failed to take into account any of the external factors, simply attributing a lot of the problems to the residents’ lifestyle. Te landlord also failed to provide evidence of
surveys carried out, as well as clarity on what actual repairs have been done on the property to date with regards to the leaks uncovered. Eight years aſter the resident first reported a leak to the home, the landlord was still saying an annual mould wash would be sufficient.
LACK OF SUPPORT Te landlord did not demonstrate how it supported the resident and her family while dealing with the re-occurring damp and mould as well as consideration of the health and wellbeing of the family, particularly as it was made aware of health conditions within the household and the additional impact of the overcrowding in the property. Tere was extensive damage to the resident’s
property, including mould on her children’s mattress and the baby’s cot bed. Te walls within the property were covered in mould in both the living room and the bathroom. Evidence from the children’s school also indicated the living conditions affected their attendance. On top of the significant compensation, the
Ombudsman ordered the landlord to decant the resident and her family, consider whether that needs to be made permanent considering the vulnerabilities present in the household, and look into producing a damp and mould strategy. In Case B the Ombudsman found severe
maladministration for how the landlord dealt with a leak that ended up with damp and mould, leading to damaged belongings and the resident being unable to use one bedroom. Aſter the leaseholder reported the problem, there
Six windows were noted as being “in poor condition” and in need of repair. The inspection also said that the landlord needed to look at double glazing in the property and repair the extractor fan in the bathroom
was no evidence to suggest the landlord investigated the cause of the leak. Contractors did look at the roof but found no evidence of a leak, and multiple jobs raised over a year proved ineffective as the leak was still evident when the Ombudsman determined the case. Te time taken to complete the repairs fell
considerably outside the timescales mentioned in the landlord’s repairs policy. Tese delays caused significant distress and inconvenience to the resident, with her unable to use one of the bedrooms, as well as her personal belongings being damaged from the dampness and mould. At various points in the process the resident sought updates from the landlord but was oſten not replied to at all. Te Ombudsman ordered the landlord to
complete a surveyor’s report to enable it to know what actions to take to stop the problem, pay £1,700 in compensation and to provide the resident with details of the landlord’s insurer.
POOR CONDITIONS & DELAYED REPAIRS In Case C the Ombudsman found severe maladministration and ordered £19,500 in compensation aſter the landlord failed to deal with a window repair for six years, leading to severe damp and mould in the property. Te resident has various vulnerabilities within
the household, including allergies, asthma, and mental health difficulties caused by the conditions. When the resident first reported ‘brown plaster’ it
16 | HMMApril/May 2024 |
www.housingmmonline.co.uk
was ordered to remove that and to check for any other defects. Tere is no evidence this checking of other defects ever happened. In the same inspection, six windows were noted
as being “in poor condition” and in need of repair. Te inspection also said that the landlord needed to look at double glazing in the property and repair the extractor fan in the bathroom. In the inspection report six years later, the windows were noted as being “held together with tape” and the black mould in the home as “severe”. Some window repairs were done two years into
the complaint, some three years later and the final repairs happening a year aſter that, which was an unacceptable timeframe. Te actions taken and the records kept do not indicate any level of understanding of the issue affecting the resident, or any urgency in completing the required repairs. Te landlord seemed to be waiting to undertake the repairs as part of ‘major works’. On top of the compensation, the Ombudsman
ordered the landlord to undertake a full survey of the property and carry out a comprehensive review of its practices in relation to responding to requests for repairs and record keeping. Te chief executive was also required to write an apology to the resident. In its learning from these cases, the landlord
says it has undertaken a full review of its complaint handling, as well as both short and long-term solutions to how it handles repairs.
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