Skip to main content

Legal updates

The Housing Ombudsman’s findings, explained.

What the Ombudsman has published on damp and mould, two determinations, the Complaint Handling Code and the guidance on remedies, with the facts taken from each source.

5 minute readLast reviewed 18 October 2026Zaviira editorial review. Not a legal review.

The Housing Ombudsman Service investigates complaints about social landlords. This page gathers what it has published on damp and mould and on complaint handling, as facts taken from each source with no opinion added. It does not predict what the Ombudsman would decide in any case.

Who the Ombudsman is

Housing Ombudsman Service

Regulator expectation

Investigates complaints from residents of social landlords, including councils and housing associations, once they have been through the landlord’s complaints procedure. It can order remedies where it finds maladministration.

  • Covers property condition and repairs, charges, complaint handling and anti-social behaviour affecting a resident in their home.
  • Orders are made where there is a finding of some level of maladministration and are enforceable by the Ombudsman. Recommendations are not enforceable.
  • GOV.UK says the Ombudsman will adjudicate disputes about compliance with Awaab’s Law using its usual powers, and can find maladministration where a landlord has failed to comply with, or has not had due regard for, relevant legislation.
  • The Complaint Handling Code has been statutory since April 2024. If a landlord does not comply the Ombudsman can issue a Complaint Handling Failure Notice.
  1. Housing Ombudsman Service, Housing Ombudsman: Which Ombudsman for social housing complaints; Policy and guidance on remedies. Source

England · Last checked 17 October 2026

The reports

Spotlight report on damp and mould: it’s not a lifestyle

Regulator expectation

The Ombudsman’s thematic report published in October 2021, drawn from its casework on damp and mould. The Coroner’s inquest heard evidence about it.

  • Two systemic issues persist in casework: over reliance on residents, and lack of overall responsibility for ensuring complaints are resolved.
  • Four chapters: from reactive to proactive, from inferring blame to taking responsibility, from disrepair claims to resolution, and from complaints to a learning culture.
  • The Coroner’s report records that the court heard evidence from the Ombudsman about this report.
  1. Housing Ombudsman Service, Housing Ombudsman, Spotlight report on damp and mould: it’s not a lifestyle, October 2021. Source

England · Last checked 17 October 2026

Learning from severe maladministration: damp and mould, October 2024

Regulator expectation

The Ombudsman’s report on severe maladministration decisions about damp and mould, grouped by delays in inspection, starting work and completing work.

  • Published 16 October 2024 with an annex of damp and mould decisions.
  • The Ombudsman said the cases show landlords still struggling with timescales and that redress offered was repeatedly inadequate.
  • Twenty landlords are named in the report, as published.
  1. Housing Ombudsman Service, Housing Ombudsman press release, 16 October 2024; Learning from severe maladministration (October 2024). Source

England · Published 16 October 2024 · Last checked 17 October 2026

Two determinations

Individual determinations show how the Ombudsman applied its findings to one complaint. Each is a decision on its own facts.

Wigan Metropolitan Borough Council (202126740)

Case law

Maladministration in the handling of reports of damp and mould in a bathroom and in the associated complaint. The landlord is a local authority and the resident a secure tenant.

  • Report date: 9 November 2023. Finding under paragraph 52 of the Housing Ombudsman Scheme: maladministration.
  • The Ombudsman found the landlord placed the onus on the resident to clean the mould and there was a significant delay in further action.
  • Orders included paying £650 compensation (£500 for the delays in completing work to remedy the damp and mould and £150 for poor complaint handling).
  • The Ombudsman noted it cannot determine liability for damage where that is disputed and that this is a matter for insurers or the courts.
  1. Housing Ombudsman Service, Housing Ombudsman, Wigan Metropolitan Borough Council, complaint 202126740, 9 November 2023. Source

England · Published 9 November 2023 · Last checked 17 October 2026

Lambeth Council (202221633)

Case law

Maladministration in the handling of the resident’s reports of damp and mould. There were delays, and the landlord could not show the inspection was sufficiently robust and accurate.

  • Report date: 31 August 2023. Finding under paragraph 54 of the Housing Ombudsman Scheme: maladministration.
  • The Ombudsman noted the landlord did not keep records of the inspection and took no steps to confirm the works met the required standard, for example by post inspection.
  • Orders included an apology from a senior member of staff, £400 for distress and inconvenience, a further inspection with a recorded action plan, and a review of record keeping practices.
  1. Housing Ombudsman Service, Housing Ombudsman, Lambeth Council, complaint 202221633, 31 August 2023. Source

England · Published 31 August 2023 · Last checked 17 October 2026

The Complaint Handling Code

Housing Ombudsman Complaint Handling Code

Regulator expectation

Sets out how landlords must handle complaints, including the stages, response timescales and what to include in responses. It has been statutory since April 2024.

  • The Code has nine sections: definition, exclusions, accessibility, staff, process, stages, putting things right, self-assessment and scrutiny.
  • The Ombudsman page covers an annual submission and self-assessment against the Code.
  • The scrutiny section covers appointing a Member Responsible for Complaints.
  • The Ombudsman may issue a Complaint Handling Failure Notice if a landlord does not respond within the Code’s timescales or otherwise does not follow it.
  1. Housing Ombudsman Service, Housing Ombudsman: About the Complaint Handling Code. Source

England · In force 1 April 2024 · Last checked 17 October 2026

Remedies

Guidance on remedies

Regulator expectation

The Ombudsman’s policy on orders and recommendations, including indicative compensation ranges.

  • Publisher: Housing Ombudsman Service.
  • Date of the current version not shown on the page.
  1. Housing Ombudsman Service. Source

England · Last checked 17 October 2026

Sources

  1. Housing Ombudsman Service
  2. Guidance on remedies
  3. About the Complaint Handling Code

General information, not legal advice. Check the primary source before relying on any statement, and take advice from a housing lawyer on your own position. Last reviewed 18 October 2026.

See Zaviira Assure working.

Leave your details and we will be in touch. Assure is set up with you directly.

Request a demo