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Mould in property for 2 years leads to verdict of ‘severe maladministration’ for Westminster City Council

Mould

Westminster City Council has been found to have severe maladministration by the Housing Ombudsman Service after failing to address damp and mould in a resident’s home for over two years. The household included a four-month-old baby, and concerns were raised about the potential health impact.

Mould damage assessment

When the landlord first visited the property, they noted that specialist ventilation was necessary, there was damage to several walls, and ongoing leaks needed investigating. Although appointments were made to resolve these issues, they were not completed due to access problems.

Following a letter of claim from the resident’s solicitors, the landlord conducted a survey to assess the extent of the damp and mould. The report highlighted significant signs of rising damp and made various recommendations for the landlord.

At this point, it would have been reasonable to consider whether a decant was necessary, as residents should not be exposed to damp and mould for an extended period. However, it took four months for a decant to be offered, and only after another inspection was carried out. Eight months later, the resident was informed that decanting was not an option, and the family could continue to live in the property while the necessary works were carried out.

Communication breakdown

Over the course of the next few months, the landlord had evidence of several appointments being booked but not completed due to access problems. The resident claimed she had no knowledge of these appointments, although there were emails from the landlord and contractor advising otherwise.

While the resident was understandably frustrated, there was an obligation to allow reasonable access for works to proceed. The landlord could have communicated better with the resident and reminded her of her obligations under the tenancy agreement.

At the end of the investigation, the landlord confirmed that some issues were still outstanding, with no dates set to fix them, meaning the resident had been living in the property with these problems for over two years.

Ombudsman Verdict

On completion of the investigation by the Housing Obudsman Service, the landlord was ordered to apologise and complete the necessary works, and the resident was awarded £2,300 in compensation. The landlord was also instructed to conduct a senior management review of the case, including lessons learned regarding decants, gaining access to properties, and how it records vulnerabilities.

The landlord stated that it had improved the reporting of vulnerability in its Case Management System and reviewed all its staff and contractor training concerning the issues raised in the report.

Final Thought

The Housing Ombudsman Service plays a crucial role in the UK’s housing sector by providing an impartial and independent service to resolve disputes between residents and landlords. It is a free service that investigates complaints against registered landlords and agents in England.

One of the most significant advantages of the Housing Ombudsman Service is that it gives residents a voice when they feel their complaints are not being taken seriously or addressed adequately. It provides an avenue for residents to seek redress, and the Ombudsman’s recommendations can lead to tangible improvements in housing conditions.

The service also plays a vital role in maintaining high standards in the sector by promoting good practice, encouraging compliance with regulations, and highlighting areas for improvement. Its annual reports provide valuable insights into the state of the housing sector and the challenges faced by residents and landlords.

In addition, the Housing Ombudsman Service is an essential component of the regulatory framework for the housing sector, providing a mechanism for resolving disputes and improving standards. Its existence aims to give residents confidence in the system and ensures that landlords are held accountable for their actions.

Cases like this one, following so closely on the heels of the tragic death of Awaab Ishak caused by mould in his home show how essential it is that tenants and residents have a voice and warn of what can go wrong when they go ignored.

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