Vivid Housing Limited (202010013)

REPORT

COMPLAINT 202010013

Vivid Housing Limited

9 December 2021

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 resident complains about how the landlord responded to her reports of damp and mould in the property.

Background and summary of events

The resident is a fixed term affordable rent tenant of a ground floor two-bedroom flat (the property).
On 12 December 2019, the resident reported an issue with the windows and requested a supervisor attend to have a look. The landlord logged a repair but there is no evidence to confirm if an appointment was made.
On 14 January 2020, the resident informed the landlord that she was not paying her rent that month because it was yet to fix the window in her daughter’s bedroom. The landlord raised an inspection to the windows. This took place on or around 22 January 2020.
On 31 January 2020, the resident called the landlord for an update following the inspection. The landlord looked into whether its assets team had any plans to replace the windows.
On 5 February 2020, the resident informed the landlord that due to damp, mould and condensation due to the condition of the windows in the property, she was withholding her rent. The landlord’s notes state that it had requested for a damp and mould survey to be carried out.
On 18 February 2020, the resident called the landlord again about three windows in the property which she believed were contributing to mould and damp. She said she did not know what was happening and she was staying with her mother as her two-year old daughter had been unwell which she believed was due to the conditions in the property. She had improved since staying elsewhere. The landlord agreed to look into it and call her later in the week.
On 20 February 2020, the landlord sent a text message to the resident stating that it was speaking to a repairs supervisor about her concerns but it did not yet have a specific update. It said it would update her the following week.
The member of staff the resident had spoken to about the rent arrears made enquiries with the repairs team who advised that there was no issue with the windows aside from them being single glazing. The landlord made an appointment to attend the property on 4 March 2020 but the resident cancelled this due to a medical appointment.
A damp and mould inspection took place on 12 March 2020 and the landlord’s notes include the following:
1. “Condensation and rot to timber window frames low level. There is draught coming through and causing mould inside the frames, we are looking to have secondary windows installed to control this, listed building so no renewals to be made. …I explained how to maintain the heating and to ventilate this will help control any condensation and mould growth. Customer agrees to follow the advice.”
The inspection report also states “condensation and water damage to timber window frame…Wet reading in bedroom 2, communal cupboard outside needs investigating for leak”. The report notes “draughty and mould” to both bedrooms but the property is “fit for human habitation”. There are two recommendations:
1. Inspect water cupboard for leak.
2. Speak to contractors about secondary windows.
On 22 June 2020, the resident called the landlord to chase up when the window repairs would take place. On 24 June 2020, the landlord informed her that it was chasing the secondary glazing and would update her once it had news.
On 3 September 2020, the resident called to inform the landlord that she was unhappy as the issue had been ongoing since September the previous year. She said about five inspections had taken place and her daughter was unwell with asthma and skin conditions due to damp and mould. She said windows had still not been repaired and she had not heard anything.
The landlord has provided a property inspection report dated 17 September 2020. It notes there was no condensation on windows, but there was condensation on the window frame. The notes state “on further inspection it may be gutters overflowing causing damp to bedroom, remove scrub and paint with water seal, refurb gutters”. In relation to bedroom two it refers to mould being present and states “check c/b opp wall. No leak”. The report states that the property is “fit for human habitation” and includes the following recommendations:
1. Point wall with w/p compound.
2. Replace plasterboard and make good.
3. Lounge wall in corner cut out plasterboard, chemical injection, dpc to wall 2m.
The landlord’s repair records include a reference to plastering works being raised on 17 September and completed on 19 November 2020.
On 26 October 2020, the resident called the landlord again stating that she was opening the windows and wiping surfaces and she was not sure what else to do. She said a plasterer was due to attend on 1 November for one room but there were issues in both rooms and her bed and furniture had mushrooms growing from them. The landlord arranged a mould wash (this is noted as completed on 3 November 2020). The landlord also said it would arrange a visit. It said it was obtaining a report in relation to the secondary glazing and that she would receive a call about this.
On 2 November 2020, the resident made a complaint about how the landlord had handled the repairs. She said it had been going on for over a year and while she understood that due to Covid 19 work was unable to go ahead initially, there was still nothing being done. She said she had had to throw away furniture and sentimental belongings. The resident complained that she was told there was an issue with the wall in her daughter’s room and she was told this was fixed but the issue was not resolved. She said she had to stay elsewhere between February and June 2020 due to her doctor advising her that the damp and mould was making her daughter’s health worse, but she continued to pay rent at the property. She said the issues had caused her stress and anxiety about her daughter being unwell and she was having to stay with family again.
On 16 November 2020, the resident chased a call back from the landlord about the works.
On 18 November 2020, the resident made another similar complaint. She said that the landlord had attended the property but nothing had been done other than cleaning the mould and it kept returning. She said she had been cleaning the mould herself for a long time but the cause of the issue was not being addressed. She said the issue was affecting her daughter’s health and a workman had informed her that a neighbour had the same issue. She complained that she had been advised that it was the way she was living but the dampness affects one whole wall in the property between the two bedrooms. She said she was fed up with being told it was her fault when she was doing everything she could.
The landlord acknowledged the complaint the same day and arranged a visit for the following day.
The landlord has provided an inspection report dated 19 November 2020, which states that the overall condition of the windows is “fair/poor”. It refers to condensation on windows, window frames and mould on window reveals. The notes include that the single glazes sash windows are not providing much heat retention making rooms cold around windows. In bedroom two, the external wall and side wall to communal areas were reading as wet. The kitchen extractor was working well, and there were clothes drying on a clothes horse in the kitchen with the door open and fan not on. There was no mould present in the bedrooms, but these had been cleaned by the resident. Bedroom one walls were not reading as wet. Bedroom two notes state “Little bit at low level on skirting, external wall and wall to lobby both reading as wet, external wall behind radiator wet (100% at low level)”. The report notes that the property was “fit for human habitation”. The recommendations were:
1. Take off the radiator in bedroom two, hack off plasterboard, apply bitumen to wall and reboard wall.
2. Look at windows to see if can be upgraded as causing area to be cold.
3. Advice given on drying clothes.
On 27 November 2020, the landlord raised a plastering job. This is noted as completed on 30 March 2021.
On 24 November 2020, the landlord responded to the complaint. It said that following a previous inspection, works were raised to renew and damp proof a small section of wall in the second bedroom. The landlord said that when it visited on 19 November 2020, it found that the “wet walls” in the second bedroom were more “extensive than had been raised”. In addition, the external wall with the window needed the same treatment. The landlord said it had given the resident advice regarding drying clothes indoors and to do so in the kitchen or bathroom with the door closed and the extractor fan on to remove the moisture. It said this would help prevent moisture travelling around the rest of the property.
The landlord said it had raised a repair to carry out damp proofing works to the additional wall in the second bedroom and to check that the extractor fan in the bathroom was working correctly. The landlord acknowledged that it could have done better and that the damp proofing works were not picked up on the previous visit. It said that in future it would ensure that full surveys were completed and all necessary works raised.
On 14 December 2020, the resident requested a call back in relation to the repairs.
On 27 January 2021, the resident requested that the landlord escalate her complaint. She said that there had been damp and mould in her daughter’s bedroom since 2019. She said that a few months previously someone had taken some of the wall off to plaster in that bedroom but this had been “missed” for a whole year. She said that when the contractors did a damp test they found that the issue was more extensive than the works they were going. There was also damp and mould in the main bedroom walls but she kept being told it was condensation. She said she had done everything she could to resolve the issue herself but it had not worked. She complained that the whole house smelt of damp and her daughter had developed asthma since living there. She said that since her and her daughter had moved back to the property, her daughter’s health had deteriorated.
On 29 January 2021, the landlord informed the resident that a contractor would be attending to put up scaffolding to do a temporary repair to the roof.
On 24 February 2021, the landlord responded to the complaint. The landlord said that it would:
1. Arrange for a new survey to be completed on 25 March 2021.
2. Service or renew the fan in the bathroom.
3. Install monitors in the property to measure moisture levels and then analyse the data to help it identify any causes and remedies.
4. Ensure that the identified works were carried out in a reasonable time (covid permitting). This may or may not include secondary glazing.
The landlord apologised for the service the resident had received and said that in future, it would update her in a reasonable time if there were any delays and contact her with a plan for any future works identified. The landlord offered £150 in recognition of three service failures:
1. Poor quality of survey which resulted in it not identifying the full issue.
2. Delay in communication and works being completed.
3. Distress and inconvenience caused.
In relation to a claim for compensation in respect of damaged belongings and injury to her daughter’s health, it said this was being considered by its insurers and provided their details.
The landlord has provided results from the humidity monitoring in the property between 26 March 2021 and 9 April 2021. The minimum temperature reading was 17.5 and the maximum was 25.6. The average temperature reading was 20.3. The minimum humidity reading was 43.2%, the maximum was 92.1 and the average was 63.1.
On 25 March 2021, the landlord’s surveyor inspected the property. The surveyor’s report noted the following:
1. The exterior rendered brickwork needed further attention.
2. The exterior pointing and brickwork needed further attention.
3. The guttering and downpipes needed further attention.
4. The notes state “Property was in good condition. There were wet readings to the bedroom wall under the window. Further works needed. Condensation in the window in the second bedroom, needs ease and adjusting. Possible secondary windows? Gutter needs clearing above bedroom. Part works been completed not finished. Data logger installed. Meet contractor to finish works needed. Previous visits made and same advice given, maintain the heating and ventilate. Customer understood the works needed and agreed to wait for dates.”
The report noted wet readings and mould present in both bedrooms (to the external wall in bedroom one and to the windows and right-hand external wall in bedroom two).
On 30 March 2021, the landlord sent a text message to the resident saying it had tried to call to arrange for its contractors to complete the repairs. The resident responding asking what time.
On 11 June 2021, the resident contacted the landlord to say that the radiator had not been taken off and while some plaster had been skimmed, this had not been done behind the radiator. She also said that the sash windows were only scraped off and repainted, not repaired. The landlord called her the same day. The resident explained that she felt the works were not all completed as requested and asked the landlord to attend and view in person. It agreed to do so on 14 June 2020. It checked with the contractor who said they had asked their operative to do everything that was scoped.
On 7 September 2021, the landlord raised an order to install a radiator and this is noted as completed on 22 September 2021.
On 14 September 2021, the landlord attended the property at 08:20am but did not gain access. It left a card.
During the Ombudsman’s mediation process (in September 2021), the resident requested the landlord resolve the complaint by completing repairs to the property, setting out a plan and timescales for completion including investigating inside the wall in her daughter’s bedroom The resident raised a concern that shaving and repainting the windows would not stop the issue reoccurring.
In response, the landlord said that it had undertaken works to overhaul the windows, adjusted, realigned and painted them in May 2021. It said it would further consider secondary glazing but it needed to ensure that the resident was managing humidity levels within the property to avoid an increase in condensation which could lead to further mould issues. It said it would like to explore the provision of two continuous running fans to the kitchen and bathroom. In relation to the request to investigate the wall in the daughter’s bedroom, the landlord said that its original surveyor had suggested this was a possible course of action, but upon reviewing the outside area during an inspection in March 2021, this was not deemed necessary.
In response, the resident explained that she already had two fans in the kitchen and bathroom which run continuously and the landlord had checked them and found them to be working. However, since the windows were painted in May 2021, the paint had started to flake and mould had returned. Mould had also returned to the wall in her daughter’s bedroom. She said she regularly cleans the mould and she was concerned that the works the landlord had completed had not provided a permanent solution. She asked if the landlord would be willing to do any further investigation or repairs.
The landlord said that as per the data report “there is an identified issue with humidity in the property that needs to be managed by” the resident, by ensuring that the property is heated and ventilated appropriately and laundry is not dried inside the property as identified during its surveyor’s visit to the property. It said it was happy to install secondary glazing to the daughter’s bedroom and it would like the resident to commit to heating and ventilating the property in accordance with its previous advice. It said if she agreed to secondary glazing, it would install a data logger to assess the impact of the installation and if the condensation is being managed effectively.
The resident explained that as the property is a flat, she has to dry her clothes inside. She said she had been advised to keep windows open at all times but while she tries to do this, she cannot do this all the time as she has a child and the property is cold. The resident confirmed that she was happy for the landlord to install secondary glazing and noted that the landlord agreed over a year ago to do so and it had already measured for this.
The landlord has since clarified to the Ombudsman that the advice it provides in relation to laundry is that where practical it should be done outside, but it understood this was not always possible so advises that drying can be done in an isolated and ventilated room, for example, a bathroom with the extractor fan on or window open.
The resident has informed the Ombudsman that while the dampness in her bedroom has improved since the plastering works, the conditions in her daughter’s room have worsened.

Assessment and findings

Landlord obligations

Under the terms of the tenancy agreement, the landlord is responsible for:
1. Keeping in repair the structure and exterior of the property including:
  1. Drains, gutters and external pipes…
  2. The Roof…
  3. Foundations, outside walls, outside doors…windowsills, window catches, sash cords and window frames including necessary external painting and decorating.
  4. Internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration…
  5. Major plasterwork…
The landlord’s website includes the following priority timescales for repairs:
1. Emergency repairs should be completed within 24 hours.
2. Urgent repairs should be completed within seven calendar days.
3. Routine repairs should be completed at a time convenient to both landlord and resident.
It is an implied term of the tenancy agreement that the landlord shall ensure that the dwelling is fit for human habitation when the tenancy is granted and for the duration of the tenancy. Freedom from damp is one of the relevant factors when determining whether a property is fit for human habitation.
The landlords’ Compensation policy refers to statutory and goodwill compensation. It states that goodwill compensation is discretionary and may be given where it decides a level of service, action or inaction has not been provided in line with its service standards. The policy states that the degree of service failure and the extent of hardship suffered by the customer will be considered when deciding the amount of compensation. Financial recognition payments can be awarded up to a maximum of £50 per service failure and at its discretion.
The landlord’s website which includes several pages specifically advising residents in relation to damp and mould, and includes the following information:
1. It states that many people confuse a home with a condensation problem as one with “damp”.
2. Condensation is normally caused by the everyday things we do in our homes which cause moisture in the air. It mainly happens when residents don’t open windows enough, a home is not heated properly or when an extractor fan is missing or not working.
3. It advises on practical steps as to how to avoid condensation and mould.
4. It advises residents to report the mould if it is “really bad” and they cannot get rid of it. It will then send an advice pack and request the resident monitor the mould for four weeks.
5. If the resident follows this advice and there is still a problem, they can request a survey, following which a damp and mould specialist will look at photos and a resident questionnaire and make contact. If the landlord thinks the problems are caused by the building, it will arrange for them to be fixed or arrange a full survey. It will call the resident six weeks after any repair work has been done to see if this has solved the issue.
6. If there is still a problem despite the resident doing all the right things, it will ask an independent expert to visit the property and report back. There may be a charge to the resident if the survey finds it is a condensation issue. It will inform the resident of the results of the survey and if it finds something they had missed previously, it will apologise and put things right.

Assessment

In response to the resident’s report of an issue with the windows on 12 December 2019, the landlord logged this and raised repairs to the windows, however there is no evidence of these repairs taking place. In response to the resident chasing up this repair on 14 January 2020, the landlord arranged an inspection, which was appropriate. The landlord’s records refer to this taking place on 20 January 2020 and the landlord looked into whether its assets team had any plans to replace the windows. There is no evidence of it completing a repair at this time but there is also no evidence to confirm whether repairs were needed.
In response to the resident’s report of damp and mould of 5 February 2020, the landlord provided a damp questionnaire for the resident to complete. In response to the resident’s communication that her daughter’s health was being affected by the issue and she had therefore temporarily left the property, the landlord agreed to arrange a damp and mould inspection. This took place on 12 March 2020. The recommendations following this were to speak to contractors about installing secondary glazing to the windows and check for a leak due to a wet reading in the second bedroom. It was noted that both bedrooms had mould and were draughty.
There is no evidence of the landlord taking any action in response to these recommendations between March 2020 and September 2020, when the resident chased this up for the second time. It is acknowledged that some of this delay is likely attributable to the Covid 19 restrictions since between 28 March 2020 and 1 June 2020, landlords were advised by the government that access to properties should only be proposed for serious and urgent issues. It is also acknowledged that there may have been a backlog of routine repairs once this guidance was amended on 1 June 2020. While any delay due to the Covid 19 restrictions was frustrating for the resident, it was reasonable for the landlord to follow the relevant guidance in relation to this.
However, the landlord should have communicated to the resident if this was the case and kept her updated as far as it was able. There is no evidence of it doing so. It is also unclear why the landlord did not take steps to progress the investigations between June and September 2020 when the Covid guidance had changed. There was therefore a delay by the landlord in investigating the damp and mould during this time.
Following the resident’s communication of 3 September 2020, the landlord arranged a further inspection, which was reasonable given the time that had passed since the previous recommendations. The report of 17 September contained different recommendations including repairs to the gutters, repointing, and replacing plaster to one wall. The report refers to checking the cupboard for a leak, but it is not clear form the notes whether this took place or if it was simply being recommended.
There is no evidence of the landlord checking the guttering therefore it is unclear if repairs were required or this issue was a cause of dampness in the property. The landlord should have investigated this. An appointment was made to complete plastering in one room and this is noted as completed on 20 November 2020, two months later.
In response to the resident’s concern about the conditions in the other bedroom and the damage to furniture, the landlord arrange a mould wash to the property. While this may have assisted to improve conditions in the property for a time, it did not confirm or address the cause of the damp and mould in the property, which was still unclear.
In response to the resident’s formal complaint of November 2020, the landlord arranged a third damp and mould inspection. This inspection found that the windows were not providing much heat retention making the rooms cold, there was condensation on the windows and two walls in the second bedroom were wet. The report also noted that there were clothes drying on clothes horse in the kitchen with the door open and fan not on. The recommendations included to take off the radiator in the second bedroom, reboard the wall and consider if the windows could be upgraded. There is no evidence to confirm that these recommendations were completed at this time other than some plastering on 20 November 2020.
Following the resident’s escalation of the complaint, the landlord arranged another inspection and installed moisture monitors. The March 2021 inspection found that repairs were needed to exterior brickwork and gutters. The inspection found mould and wet readings in both bedrooms. Following this, some repairs to the windows were completed. The resident has reported that the landlord “scraped off” and painted the windows and that some plastering was completed but the landlord did not remove the radiator as it had agreed to do.
When the resident raised concerns about the works completed, the landlord agreed to attend on 14 June 2021 but there is no evidence to confirm that it did so or of its findings on this occasion. There is no evidence of the landlord communicating the results of the humidity monitoring or its assessment of these results to the resident, or of its conclusion as to whether it would install secondary glazing.
Overall, the landlord’s handling of the damp and mould reports in the property was poor. It carried out multiple inspections but each time identified different possible repairs and causes of the damp. The evidence does not confirm that it completed all the repairs it said it would do, including repairs to brickwork and guttering. While some replastering took place, this was approximately six months after it was recommended in November 2020, and the resident reported that the landlord did not take off the radiator as recommended. The only other works for which there is evidence of completion are a mould wash in November 2020, adjustment, realignment and painting to windows in May 2021, and replastering in June 2021.
While the property was noted to be fit for human habitation by the landlord’s inspectors, the resident explained clearly the effect the conditions in the property were having on her and her daughter and given her concerns about her daughter’s health, the landlord should have treated the reports as urgent.
The various inspections identified other possible contributors to the damp and mould such as issuse with the brickwork and guttering. The landlord has not reached a clear conclusion as to the cause of the damp and mould in the property therefore further investigations would have been appropriate. This is of concern given that the resident reports the issues as ongoing and her concerns about the effect of the damp and mould on her daughter’s health.
During the Ombudsman’s mediation process, the landlord said that in accordance with the humidity report, there was a humidity issue in the property that needed to be managed by the resident. It agreed to install secondary glazing to the daughter’s bedroom if the resident committed to heating and ventilating the property in accordance with its previous advice.
As it was unclear from the humidity data itself how the landlord had reached the conclusion that the issues in the property were at least partly caused by the resident’s behaviour, the Ombudsman asked the landlord to explain how it interpreted the humidity readings. It has explained that the amount of condensation in a home depends on three factors, all of which can be controlled by the tenant:
1. How much water vapour is produced by the actions of its residents.
2. How cold or warm the property is.
3. How much air circulation there is.
The landlord stated further that it recommends that the internal temperature of its properties is kept between 18-21 degrees and ventilated for at least two hours a day. It states that all readings on the data report in red show a high humidity level than normal which it felt could be controlled more effectively by the resident. It also explained that generally indoor humidity levels should be between 40% and 60% and according to the World Health organisation, at levels higher then 65%, upper respiratory illness might occur in people suffering from asthma and allergies.
However, it is noted that the majority of the temperatures recorded during the period 27 March to 9 April 2021 were between 18 and 21 degrees. In addition, the resident reported taking action to manage the damp throughout and there is only one report of her drying clothes in the kitchen with the door open and the fan not on. On this basis, the Ombudsman is concerned that the landlord has taken the position that the humidity can be effectively controlled by the resident’s behaviour. It was unreasonable for the landlord to effectively blame the resident for the conditions in the property, when it had identified at an early stage that the condition of the windows was causing heat loss and it took no action to address this. It is also not clear from the evidence that structural issues causing water penetration have been ruled out and/or appropriately addressed. Particularly given that there were readings of humidity over 65% and the landlord was aware of the health risks of this, it should have taken care to ensure it had taken all reasonable action to address the damp and mould in the property.
While the landlord discussed installing secondary glazing several times, and the resident has reported that someone has attended to measure the windows several times, this has not yet taken place. The resident has explained to the Ombudsman that she does dry clothes in the kitchen with the window open in accordance with the landlord’s advice, but that she is unable to keep the windows open all the time due to the heat loss and the financial cost of this. This is a reasonable concern.
The Ombudsman’s Dispute Resolution Principles are:
1. Be Fair
2. Put things right
3. Learn from outcomes
When responding to the complaint, the landlord acknowledged that the earlier surveys had not identified the full issue in the property, there were delays in communication and works being completed, and this caused distress and inconvenience to the resident. It offered £150 compensation in respect of this.
While this went some way to acknowledge its shortcomings and put things right, the landlord has not identified the extent of its shortcomings or the impact of this on the resident and the compensation offered was not proportionate to this. Neither did it appropriately follow up its complaint response by carrying out further repairs in a reasonable time and the evidence does not confirm that the landlord has completed all appropriate repairs to date.
The Ombudsman is also concerned by some of the advice in relation to condensation on the landlord’s website and this has also been addressed in the Orders below.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of how it handled the resident’s reports of damp and mould in the property.

Reasons

Over a period of nearly two years, the resident has repeatedly reported damp and mould in the property. While the landlord has carried out repeated inspections, the conclusions as to the cause of the issues in the property is still unclear. While the landlord has carried out some repairs, the evidence does not confirm that it has completed all the repairs identified by its inspections. Its position in relation to the installation of secondary glazing is unclear despite it being identified at an early stage that the windows were draughty. During mediation, the landlord unfairly placed blame on the resident for the damp and mould in the property.

Orders

The landlord to apologise to the resident and pay compensation of £900 within four weeks of the date of this Order (this is inclusive of the £150 previously offered if this has already been paid).
The landlord to arrange an inspection by an independent damp specialist to inspect the property and report on the causes of any ongoing damp and mould in the property and identify any further repairs required to address this. The landlord to provide a copy of this report to the resident and the Ombudsman setting out any further steps it intends to take with timescales (within eight weeks of the date of this Order).
The landlord to take steps to ensure the following (and report to the Ombudsman the steps it has taken within eight weeks of the date of this Order):
1. That damp and mould inspections are completed by appropriately qualified and experienced individuals who are able to determine the causes of damp and mould.
2. That effective processes are in place to monitor whether repairs recommended following a damp and mould inspection are completed and whether they have been effective.
3. That it is not unfairly blaming residents or using language that leaves residents feeling blamed for damp and mould. In particular, the landlord should review the advice in relation to condensation available on its website in the light of the Ombudsman’s recent Spotlight report on damp and mould.

Recommendations

The landlord to review the handling of the reports of damp and mould in this complaint and consider whether it would be appropriate to review or introduce a policy in relation to how it responds to reports of damp and mould. The landlord to refer to the Ombudsman’s recent Spotlight report on damp and mould for further detail and Recommendations.
The landlord to review its compensation guidance to consider if this should be amended to clarify that the landlord has discretion to award higher sums than £50 per service failure where the circumstances justify this. The landlord should refer to the Ombudsman’s own Remedies guidance when considering this.