Summary: Ms Y complained the Council failed to complete work to repair significant damp issues at her property. We find the Council at fault for a delay in completing the necessary work to repair Ms Y’s property. This has caused Ms Y distress, frustration and uncertainty. The Council has agreed to apologise, make a symbolic payment and complete service improvements to remedy the injustice caused.

The complaint

1. Ms Y complained the Council failed to complete work to repair significant damp issues and that the Council started eviction proceedings when she withheld rent due to the poor living conditions. Ms Y says the experience has been enormously stressful and time consuming. Ms Y would like the Council to:
• Apologise, explain why it has taken so long to complete the repair work and complete the necessary repair work.
• Make service improvements to ensure this does not happen to other people and provide staff training on the detrimental impacts of damp.
• Provide a financial payment.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

5. I have not investigated events which took place prior to July 2023 as the law says we cannot investigate late complaints unless we decide there are good reasons. I have seen no reason why Ms Y could not have complained to us sooner. My investigation focused on the Council’s handling of Ms Y concerns between July 2023 and May 2025.

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How I considered this complaint

6. I considered evidence provided by Ms Y and the Council as well as relevant law, policy and guidance.
7. Ms Y and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

8. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
9. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need, the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
10. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

What happened

Property repair

11. Ms Y contacted the Council in July 2023 to report significant damp in her temporary accommodation.
12. The Council attended the property three times in August 2023. On the first visit the Council was unable to gain access to Ms Y’s property. On the second and third visit the Council applied antifungal treatment to areas of the property.
13. The Council visited a further three times between September 2023 and January 2024 but on each occasion, it was unable to access Ms Y’s property.
14. Ms Y reported the damp to the Council again in March 2024.
15. A contractor inspected the property and issued a report at the beginning of April 2024. The report explained there were several reasons for the mould in the property, and it highlighted 12 maintenance issues which needed to be repaired.
16. Two weeks later, Ms Y submitted a stage two complaint to the Council as a significant time had passed, and no repair work had been completed.
17. The Council responded to Ms Y’s complaint and explained it had awarded the repair contract to a company in early 2023. The company ceased trading shortly after the contract was awarded and the Council did not award the contract to another company. To remedy the fault the Council offered a symbolic payment of £600. It also offered an additional £40 towards the cost of Ms Y redecorating the property. Ms Y told us she did not accept these payments.
18. In the stage two complaint response the Council told Ms Y she could contact the Housing Ombudsman about her complaint if she remained dissatisfied.
19. The Council visited Ms Y’s property again in August 2024 and records show the property was reported to be in a very poor state, with damp walls in most rooms.
20. The Council completed mould remediation works and anti-fungal painting in July 2025. In response to our enquiries the Council told us it has found a suitable property for Ms Y and her children to occupy to allow the Council to complete the remaining repair works at her current property.

Eviction proceedings and tenancy agreement

21. Ms Y has a rental agreement which sets out her rent payments. In August 2024 Ms Y stopped paying rent. Ms Y told the Council she was withholding rent payments in protest of the damp issues at her property.
22. Ms Y’s rental account had arrears prior to August 2024. In September 2023 Ms Y and the Council agreed that Ms Y would pay her rent charges and an additional £50 per month towards clearing her arrears. The Council told Ms Y if she did not stick to this agreement it would serve notice.
23. Ms Y’s withholding of rent in August 2024 caused the arrears to significantly increase and the Council began eviction proceedings.
24. Section 2.2 of Ms Y’s tenancy agreement says, the Council will reduce rent payments if it considers Ms Y cannot live in her home, or part of her home, because of a breach in the Council’s obligations to keep the property in repair and habitable condition.
25. In response to our enquiries, the Council has not provided any evidence it considered whether to reduce Ms Y’s rent payments in accordance with section 2.2 of her tenancy agreement.

My findings

26. There has been a significant delay in the Council completing the necessary repair work to remedy the damp and mould. Ms Y reported the issues in July 2023. The Council did not complete mould remediation and anti-fungal painting until July 2025. This is a delay of approximately 2 years. Based on the information available, it appears some of the delay was, in part, due to the Council being unable to access the property to complete the necessary work.
27. There is no fault in the Council beginning eviction proceedings due to the non-payment of rent. Ms Y had an agreement with the Council to make rent and arrears payments which she has failed to stick to.
28. The Council failed to consider whether to reduce Ms Y’s rent payment in accordance with section 2.2 of the tenancy agreement. This is fault which caused Ms Y uncertainty and frustration.
29. The Council incorrectly told Ms Y she could take her complaint to the Housing Ombudsman. Ms Y raised her complaint with the Housing Ombudsman who told her the complaint was not for them and signposted her us. The Council’s incorrect signposting to the Housing Ombudsman is fault which caused significant delay to Ms Y’s complaint reaching the correct organisation.

Action

30. Within one month of the final decision the Council will:
• Apologise to Ms Y for the injustice caused by the delay in completing the repair works to the property. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology.
• Make a symbolic payment of £1800 in recognition of the injustice caused by the faults identified. This is calculated at £100 per month of delay, minus the £600 already offered by the Council.
• Offer to pay Ms Y the financial remedy of £640 which was offered in the stage two complaint response.
• Consider whether, under section 2.2 of the tenancy agreement, it considers Ms Y’s property was habitable following the contractors report in April 2024. If the Council considers Ms Y’s property was not habitable it should offer to reduce Ms Y’s rent for the period between April 2023 and May 2025.
31. Within three months of the final decision the Council will:
• Issue guidance to its complaints team on how to correctly signpost housing complaints to the correct Ombudsman. Information on which issues the Housing Ombudsman can investigate can be found on our website.
• Ensure it has a process in place to monitor when there are delays in planned works being completed. The process should ensure the Council can follow up on any delays and ensure necessary works are completed within a reasonable timeframe.
32. The Council should provide us with evidence it has complied with the above actions.

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Decision

33. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman