What the Housing Ombudsman Expects on Damp and Mould

The Housing Ombudsman's Spotlight Report on Damp and Mould fundamentally changed expectations for social landlords. Published in 2021 and reinforced through subsequent casework, it established clear standards that providers must meet.

Understanding these expectations isn't just about avoiding complaints—it's about providing the service your residents deserve.

The Spotlight Report: Key Findings

The Ombudsman's investigation found systemic failings across the sector:

• Over-reliance on blaming "lifestyle" for condensation issues
• Failure to identify underlying property defects
• Inadequate record-keeping and case management
• Poor communication with affected residents
• Insufficient consideration of vulnerability

These findings led to 26 recommendations that now form the benchmark for good practice.

The 26 Recommendations: What They Mean

Governance and Leadership

The Ombudsman expects damp and mould to be treated as a strategic priority, not an operational inconvenience:

• Board-level ownership: Regular reporting on damp/mould cases and performance
• Zero tolerance culture: Don't normalise damp as "just one of those things"
• Proactive approach: Seek out problems rather than waiting for complaints
• Adequate resourcing: Invest in prevention, not just reaction

Resident Communication

How you communicate matters as much as what you do:

• Avoid blame: Don't default to "lifestyle" as the cause
• Keep residents informed: Regular updates on case progress
• Explain findings: Share investigation results in accessible language
• Set expectations: Clear timescales for repairs

Investigation and Diagnosis

Proper investigation is essential—guesswork isn't acceptable:

• Qualified assessment: Staff trained to diagnose damp types
• Root cause identification: Look beyond symptoms to underlying issues
• Property inspection: Check fabric, ventilation, heating systems
• Environmental data: Use measurements, not assumptions

Vulnerability Considerations

The Ombudsman places particular emphasis on vulnerable residents:

• Ask about health conditions: Respiratory issues, immunocompromised residents
• Consider household composition: Young children, elderly occupants
• Escalate appropriately: Higher priority for vulnerable households
• Offer additional support: Temporary accommodation if needed

Common Findings of Maladministration

Examining actual Ombudsman decisions reveals recurring themes:

1. Delays in Response

The most common failing. Cases where:

• Months pass between report and inspection
• Repairs repeatedly postponed or rescheduled
• Issues resurface because root cause wasn't addressed

2. Inadequate Investigation

Superficial assessments that miss the real problem:

• "Condensation due to lifestyle" without evidence
• Failure to check for penetrating damp or building defects
• Ignoring resident reports of when/where issues occur

3. Poor Record Keeping

Inability to demonstrate what was done and when:

• Missing inspection reports
• Incomplete repair histories
• No evidence of advice given to residents

4. Failure to Learn

Repeating the same mistakes:

• Same property reported multiple times
• Same treatment applied despite previous failure
• No review of why initial repairs didn't work

What Good Practice Looks Like

Proactive Identification

Don't wait for complaints. Good providers:

• Monitor environmental conditions in at-risk properties
• Use stock condition data to identify problem archetypes
• Train front-line staff to spot early warning signs
• Encourage reporting through multiple channels

Rapid Response

When issues are identified:

• Acknowledge within 24 hours
• Inspect within agreed timescales (now defined by Awaab's Law)
• Communicate findings promptly
• Begin remediation within required deadlines

Thorough Documentation

Create an evidence trail:

• Photograph conditions at each visit
• Record environmental readings
• Document all communications
• Note vulnerability factors

Effective Remediation

Fix the problem properly:

• Address root cause, not just symptoms
• Follow up to confirm repairs were effective
• Offer redecoration where appropriate
• Provide compensation for significant impact

Building Your Evidence Base

If a case goes to the Ombudsman, you need to demonstrate:

Self-Assessment Questions

Ask yourself:

• Do we have a written damp and mould policy that reflects current guidance?
• Is damp/mould performance reported to the Board regularly?
• Do we proactively identify issues or rely solely on tenant reports?
• Can we demonstrate our response times for recent cases?
• Do we record vulnerability factors and adjust our approach accordingly?
• When cases recur, do we investigate why previous repairs failed?

The Link to Awaab's Law

The Ombudsman's recommendations laid the groundwork for Awaab's Law. Compliance with one supports compliance with the other:

• Both require proactive approaches
• Both emphasise documentation and evidence
• Both consider vulnerability
• Both expect measurable timescales

Providers who already meet Ombudsman expectations are well-positioned for Awaab's Law compliance.