Summary: Mrs X complained the Council failed to ensure her landlord complied with an Improvement Notice addressing damp and mould at her home. The Council followed the correct process in identifying hazards and assessing compliance but failed to ensure a further damp survey it identified as necessary was carried out. This was fault. It caused Mrs X uncertainty, distress, and time and trouble. The Council agreed recommended actions to remedy the injustice caused.

The complaint

1. Mrs X complained the Council failed to take sufficient action to ensure her landlord complied with an Improvement Notice served to address disrepair, including damp and mould.
2. Mrs X said the Council wrongly decided the works had been completed, failed to properly investigate the cause of ongoing damp and mould, did not ensure a further damp survey took place and delayed responding to her complaint.
3. Mrs X said this meant she and her husband continued living with damp and mould for longer than necessary, causing distress and impacting their wellbeing.

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The Ombudsman’s role and powers

4. 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)
5. 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(1), as amended)

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What I have and have not investigated

6. This investigation considered the Council’s handling of housing enforcement action relating to damp and mould at Mrs X’s property between 2024 and the Council’s final complaint response in 2025. This included the Council’s decision-making in monitoring compliance with the Improvement Notice and its handling of the agreed further damp investigation.
7. This investigation did not consider the actions of the landlord or contractors directly. No findings have been made on events after the Council’s final complaint response, including later reports of disrepair, contractor conduct, EPC concerns, or ongoing repair issues raised in 2026. Some of these matters fall outside the scope of this investigation and some relate primarily to the landlord rather than the Council.

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How I considered this complaint

8. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
9. Mrs X 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

Relevant guidance and legislation

10. The Council has duties under the Housing Act 2004 to assess housing conditions using the Housing Health and Safety Rating System (HHSRS) and to take appropriate enforcement action where Category 1 hazards are identified.
11. Where an Improvement Notice is served, the Council must take reasonable steps to ensure the required works have been completed and that the hazard has been removed. The HHSRS Operating Guidance makes clear that decisions should be based on the risk of harm and whether a hazard is likely to persist, which requires consideration of the underlying causes of issues such as damp and mould, rather than simply whether visible symptoms have improved.
12. Government guidance on damp and mould also emphasises that authorities should not assume such issues are caused by occupant behaviour without appropriate investigation and should take a proactive approach to identifying and addressing the underlying causes.

What happened

13. Mrs X lived in a privately rented property. She reported disrepair to the Council in July 2024, including damp and mould and a lack of adequate heating.
14. The Council inspected the property in August 2024. It identified hazards, including damp and mould and excess cold, and served an Improvement Notice requiring the landlord to carry out remedial works.
15. The landlord carried out works, including installing new windows, a heating system, ventilation, and completing gas and electrical works.
16. The Council carried out follow-up inspections in January and February 2025. It recorded that the works had been completed.
17. The Council also recorded that the property was cold and the heating was not in use. It considered that any remaining damp and mould were caused by condensation linked to heating and ventilation.
18. The Council identified that a further damp survey would be arranged in summer 2025 to better understand the cause of the remaining damp and mould.
19. The Council attempted an unannounced visit in June 2025. Mrs X declined access because she was not expecting the officer. The Council also later referred to difficulties arranging access due to Mrs X’s circumstances.
20. There is no evidence the further damp survey was completed or that the Council took steps to ensure it took place.
21. The Council issued its final complaint response in 2025 and did not uphold the complaint.
22. Analysis and findings
23. The Council has duties under the Housing Act 2004 to assess housing conditions and take enforcement action where Category 1 hazards are identified.
24. The evidence shows the Council initially followed the expected process. It inspected the property, identified hazards, served an Improvement Notice, and set out the works it required the landlord to complete.
25. The Council then checked whether the landlord had carried out those works. The evidence shows the landlord completed significant works, including installing heating, replacing windows, improving ventilation, and carrying out gas and electrical works.
26. The Council inspected the property and decided the works complied with the Improvement Notice. It also considered the presence of mould and concluded this was due to condensation caused by the property being cold and the heating not being used.
27. This was a professional judgement the Council was entitled to make based on the evidence available to it. The Ombudsman does not question the merits of such decisions where they are reached through the correct process.
28. The Council also identified that further investigation was needed. It asked for a further damp survey to be carried out in the summer months to determine whether the remaining issue was due to condensation or another cause.
29. There is no evidence this survey was carried out, or that the Council took sufficient steps to ensure it happened before concluding its involvement.
30. While the Council referred to access difficulties, the evidence does not show it arranged a specific agreed damp survey appointment that Mrs X refused. The evidence instead suggests there was confusion and poor communication about whether a further damp survey had actually been arranged.
31. The fault is not in the Council’s decision that the works complied with the Improvement Notice, but in its failure to follow through the additional investigation it had identified as necessary.
32. The Council also delayed in responding to Mrs X’s complaint. The evidence shows Mrs X repeatedly had to chase responses and updates from the Council. This was fault and caused avoidable time and trouble.
33. Injustice
34. The Council’s failure to ensure the further damp survey was carried out caused Mrs X uncertainty about whether the damp and mould in her home had been properly assessed and resolved.
35. This meant Mrs X lost the opportunity to have the cause of the remaining damp and mould fully investigated at the time, which may have led to further action by the Council depending on the outcome.
36. The Council’s complaint handling delay also caused Mrs X avoidable time and trouble.

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Action

37. To remedy the injustice caused, within one month of our final decision, the Council agreed to:
• Apologise to Mrs X for the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay £200 to recognise the distress, uncertainty and avoidable time and trouble caused by the faults identified.
• Arrange or secure an independent damp survey of the property (if not already completed) and review whether further housing enforcement action is required.
38. The Council should provide us with evidence it has complied with the above actions.

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Decision

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

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Investigator's decision on behalf of the Ombudsman