New ombudsman tables reveal worst-performing landlords on damp and mould

While the first two tables dealt with complaints directly to the ombudsman from tenants around disrepair, the ombudsman also assesses landlords’ performance with regard to complaints made directly to it by residents. A performance table related to complaint-handling by landlords was also published.

Hammersmith and Fulham topped the list with a maladministration rate of 3.3 per 10,000 homes, followed by Camden Council at 1.9, Lambeth Council at 1.7 and Southwark Council at 1.1.

The table was dominated by councils but Clarion was also on the list, with the ombudsman finding six maladministration findings from seven findings, at a rate of 0.6 per 10,000 homes across its stock.

Sanctuary was issued four maladministration findings from a total of five findings, averaging out at 0.5 maladministration findings per home.

The ombudsman made 144 findings and 105 orders relating to complaint-handling, including £12,556 in compensation in 84 cases.

Following all the investigations covered in the report, the watchdog made 501 orders, including £123,094.57 in compensation across 222 cases, with sums of more than £1,000 being ordered in 21 cases.

The majority (52%) of those investigated for maladministration were large landlords with more than 10,000 homes. They represented 55% of maladministration findings.

Local councils and landlords covering high-density urban areas, with more flats and converted properties, had the highest maladministration rate.

The figures emerged in the watchdog’s fifth thematic ‘spotlight’ report, which investigates how damp and mould cases are being dealt with and best practice.

It urges social landlords to adopt a zero-tolerance approach when responding to damp and mould issues.

While its investigations did not find causation in terms of health conditions, residents living in homes with damp and mould may be more likely to have respiratory problems, allergies, asthma and other conditions that affect their immune systems.

“This, set against the context of the COVID-19 pandemic, highlights the potential seriousness of this issue for residents,” the report states.

The ombudsman found the failure rate for landlords was often down to inaction, excessive delays or poor communication.

In one case study, a tenant had to wait five years to have their complaint about damp resolved.

Along with casework, the ombudsman heard from tenants, who said they were frustrated, felt like they were not being heard, and that their landlords were not taking their repair reports or complaints seriously.

Though the report recognises the challenges facing landlords, including overcrowding, poverty, the age and design of homes, it says they should avoid inferring residents are to blame due to “lifestyle”, “when it is often not solely their issue, and take responsibility for resolving problems”.

Richard Blakeway, the housing ombudsman, said it is “clear that a strategic response to damp and mould is required, particularly in the context of decarbonisation”.

The report notes two “key systemic issues” that persist across the ombudsman’s casebook – over-reliance on residents and a lack of overall responsibility for ensuring complaints are resolved.

The ombudsman, which made 26 recommendations for landlords in the report, has urged the sector to change from a reactive to proactive culture when it comes to addressing damp and mould, which must be a “higher priority” for landlords.

Landlords should establish a “clear and transparent framework” on their approach to dealing with the issue and review the accessibility of their systems for reporting repairs and making complaints.

The ombudsman has also recommended that landlords should implement a “data-driven, risk-based approach” with respect to damp and mould, reducing the “over-reliance” on residents to report issues.

Landlords should review, alongside residents, their initial response to reports of damp and mould to ensure they avoid “automatically apportioning blame” or using language that leaves residents feeling blamed, the report states.

They should ensure their responses are “timely and reflect the urgency of the issue”, ensure their staff know how to identify the early stages of damp and mould, and should regularly communicate with residents to update them on any action taken.

Where extensive works may be required, landlords should consider the individual circumstances of the household, “including any vulnerabilities” and make sure they treat residents reporting damp and mould with “respect and empathy”.

Mr Blakeway said: “Our high maladministration rate shows that a fairer approach is needed.

“A zero-tolerance approach does not mean zero cases but it requires changes in culture, behaviour and approach by landlords – from reactive to proactive and from inferring blame to taking responsibility.”

He added: “Landlords also need to ‘find their silences’ where complaints are not being raised when other indicators suggest there may be issues.

“Crucially, this includes maximising the potential for the complaints procedure to resolve issues and learn, without losing empathy when engaging with residents who can be deeply distressed.”