Summary: Miss X complained the Council delayed taking action in response to her concerns about damp and mould in her temporary accommodation. The Council was at fault. It delayed taking action to repair the property. It did not redecorate the property when it told Miss X it would. It also did not give Miss X a new right of review in relation to the suitability of the property. The Council has agreed to apologise to Miss X and pay her £750 for the distress, frustration and uncertainty it caused her. It will also redecorate the property.

The complaint

1. Miss X complained the Council delayed acting in response to her concerns about damp and mould being present in her temporary accommodation. She said the mould affected her and her family’s health and she had to replace clothing and bedding. Miss X said the delay with the Council’s actions caused her distress and frustration. She wants the Council to acknowledge it was at fault and provide her with a financial remedy for the injustice caused.

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The Ombudsman’s role and powers

2. 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)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
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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How I considered this complaint

5. I spoke with Miss X and considered information she provided.
6. I considered information provided by the Council.
7. I considered our ‘guidance on remedies’.
8. Miss X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

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What I found

Relevant law and guidance about temporary accommodation

9. 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.
10. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need, it has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)
11. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main housing duty.
12. 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)
13. Councils have a duty to keep the suitability of accommodation under review and respond to any change in circumstances which might affect suitability. (Homelessness Code of Guidance 17.8)
14. Certain decisions councils make about homelessness carry a statutory right of review. The review decision then carries a right of appeal to court on a point of law. Homeless applicants have a right to review the suitability of temporary accommodation provided under the main homelessness duty. (Housing Act 1996, s202)
15. Homeless applicants must request a review within 21 days of the decision. However, applicants can ask a council to reconsider its decision about the suitability of temporary accommodation at any time. This might be necessary, for example, if there is a change in the applicant’s circumstances. This new decision is open to review under s202, with a new 21 day timescale. R(B) v Redbridge LBC [2019] EWHC 250 (Admin)

Background

16. In 2021 the Council accepted the main housing duty and moved Miss X and her family into temporary accommodation.

What happened

17. In July 2024, Miss X and her family moved into another property for temporary accommodation.
18. In mid-October 2024, Miss X complained to the Council about the property’s disrepair. She said she had contacted the landlord of the property on several occasions about water damage which had affected the walls. She said the landlord was not helpful. Miss X said her bedroom smelled of damp. She was concerned about the health of her young children including a newborn baby. She wanted the Council to speak with the landlord to get the matter resolved.
19. The Council’s records show at the beginning of November 2024, it had emailed the landlord and made them aware of Miss X’s concerns. It asked the landlord to carry out an inspection of the property.
20. In mid-November 2024, the Council responded to her complaint. It said it had referred the matter to its Temporary Accommodation Team who would ask the landlord to address Miss X’s concerns. The Council asked Miss X if she did not hear from the landlord within two weeks, to contact the Temporary Accommodation Team.
21. Towards the end of December 2024, Miss X complained again to the Council. She said despite her raising concerns with the landlord and the Council, she had not received any help. She said her children were getting sick, the damp and mould had ruined her belongings, the vents in the property did not open and she was not able to open the windows due to the health and safety of her children.
22. The Council’s records show at the beginning of January 2025, it contacted the landlord again and asked if they had taken any action to address Miss X’s concerns.
23. In mid-January 2025, Miss X submitted a further complaint to the Council. She said the disrepair was affecting her quality of life and mental health. Miss X said she had attempted to clean the mould however she found it difficult to do so because of her physical health.
24. At the beginning of February 2025, the Council responded to Miss X’s complaints. It apologised to Miss X that the landlord had not addressed her concerns. It was now arranging for an inspection to take place at her property. It had also contacted the landlord to address the disrepair and said the landlord would arrange an appointment with Miss X. The Council apologised to Miss X for the delay in resolving the matter.
25. Shortly after its response, the Council conducted an inspection of Miss X’s property. The inspection found there was damp and mould present in the property. This may have been caused by leakage and blockage in the guttering and leakage of the roof of the property. As part of its recommendations, the Council’s inspector said:
• a roof inspection was required; and
• window restrictors were required to be fitted onto the windows which were accessible to the children.
26. The Council liaised with the landlord to get the above recommendations carried out as well as other recommendations it had made in its inspection report.
27. Towards the end of March 2025, the landlord informed the Council it had inspected and repaired the roof. At the same time, the Council asked the landlord to redecorate the walls and ceilings which had been affected by the damp and mould. The landlord agreed to do this.
28. Miss X complained to us. When I spoke with Miss X in July 2025, she said:
• she had treated the mould herself. The mould was no longer present;
• the Council had replaced the vents and added window restrictors where required;
• the Council had not redecorated her property despite it saying it would do so; and
• she wanted to move to another property. Miss X said she had intended on requesting a review when she initially complained to the Council.
29. The Council told us it did not review the suitability of Miss X’s temporary accommodation as she had not made a request for it to do so.

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Findings

30. Miss X made the Council aware of the mould and damp in her property in mid-October 2024. She complained further to the Council until January 2025. The Council did not take any action until the beginning of February 2025. I note the Council did contact the landlord on two occasions between this period however there was still delay with it taking any action in response to Miss X’s concerns. It should have contacted the landlord sooner. The Council was at fault. This caused Miss X distress and frustration and meant she and her children were left in a property with disrepair longer than necessary. On balance, had the Council followed up with the landlord sooner, it would have carried out repairs in the property sooner. The Council has already apologised for the delay which was appropriate however, it has agreed to action my further remedy.
31. At the beginning of February 2025, the Council completed an inspection of Miss X’s property and liaised with the landlord to repair the property to prevent the damp and mould from recurring. This was appropriate. However, the Council said it would redecorate the property and Miss X said it had not done so. This was fault and caused Miss X further distress and frustration.
32. The Council said it did not carry out a review of the suitability of the property as Miss X had not requested a review. However, the Council has an ongoing duty to keep the suitability of temporary accommodation under review. The damp and mould Miss X reported was a relevant change in circumstances. The Council should have made a new decision about suitability in late 2024, giving Miss X a new right of review within 21 days. Failure to do so was fault. This denied Miss X access to her statutory rights, which is an injustice.
33. I cannot say what the Council would have decided had it reconsidered suitability when it should have. This uncertainty is an injustice to Miss X. But focussing on suitability might have prompted the Council to resolve the disrepair sooner.
34. If Miss X considers her property is still unsuitable, despite the disrepair being resolved, she can ask the Council to make a new decision about suitability giving her a new right of review within 21 days.

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Agreed Actions

35. Within one month of the final decision, the Council has agreed it will:
• either arrange for the landlord to redecorate the walls and ceilings of the property which have been affected by the damp and mould or gets permission from the landlord for the Council to do so;
• apologise to Miss X for the distress, frustration and uncertainty it caused by not redecorating her property as it said it would do so and for not giving her a new right of review. 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 I have recommended in my findings;
• pay Miss X a symbolic payment of £600 for the distress and frustration it caused her by delaying resolving the matter and not redecorating the property; and
• pay Miss X a further £150 for not giving her a new right of review.
36. The Council will provide us with evidence it has complied with the above actions.
37. In previous investigations, the Council agreed to extensive recommendations to improve its homelessness service, including addressing disrepair in temporary accommodation provided by private landlords. We monitor compliance with our recommendations so I have not repeated those recommendations here.

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Final Decision

38. I have now completed my investigation. The Council was at fault. It has agreed to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman