Damp and Mould Policy

5.1    We take damp and mould seriously and aim to identify the cause and resolve these issues as soon as possible. However, we understand that there might be times when residents are not satisfied with our actions and may wish to use our complaints process. We will, however, continue to work to resolve the issues. We will identify any lessons learned to improve our service. We will continue to deal with your complaint through our complaints procedure, even if a Pre-Action Protocol for Housing Conditions Claims  has been instigated.The Housing Ombudsman’s view is that a matter does not become ‘legal’ until proceedings have been ‘issued’. The issuing of proceedings involves filing details of the claim, such as the Claim Form and Particulars of Claim, at court. At that point we will follow the protocol for housing conditions.

5.2    Complaints and compensation for works, decant and disturbance are considered under a separate Policies should this apply. 

5.3    If a resident indicates that damage has been caused to their personal property, such as furniture or clothes, photographs will be taken, and residents reminded that reasonable action must be taken to mitigate any losses. There is no automatic right to compensation for damage in these circumstances, so minimising the amount of damage caused, by, for example, cleaning goods or storing them in areas with more air flow, is advisable. The Council may offer some assistance in this respect at its discretion.

5.4    There is a separate process for claims for personal injury or property damage, details of which can be found on the Council’s website

5.5    Any out-of-pocket expenses incurred by the resident as a result of managing the damp and mould, need to be discussed with us and agreed in advance where possible. This might, for example, include additional gas and/or electricity used for running any special equipment. If this is likely, this will be explained to the resident and a payment will be made to compensate them for these costs relating to the use of the equipment.

5.6    In certain circumstances, residents may have recourse under the Landlord and Tenant Act 1985, the Housing Act 2004 and the Homes (Fitness for Human Habitation) Act 2018 to challenge Landlords, and requests under this legislation are outside of this Policy, including requests for recompense. In all cases where compensation is claimed, we will use the information from our onsite inspections and testing to assess the validity of the claim. Claims for compensation are handled by our insurance officer and insurer