The Housing Ombudsman, Richard Blakeway, has written an open letter to the country’s social landlords about complaints relating to damp and mould, asking them to renew their focus on the recommendations in his Spotlight report on the topic published last year.

The Ombudsman has also raised the handling of legal claims alongside complaints and published a selection of casework relating to tone and communication on damp and mould cases.

The report –‘It’s not lifestyle’ – said landlords should adopt a zero-tolerance approach to damp and mould and give it a higher priority with a change in culture from being reactive to proactive. It stated that landlords should avoid inferring blame on residents due to ‘lifestyle’ when it’s often not solely their issue, and take responsibility for resolving problems.

The Ombudsman has asked landlords to assess themselves against the 26 recommendations, engaging with residents as part of that and publishing the outcome. These assessments may be used as evidence during an Ombudsman investigation and his letter underlines that the use of ‘heavy-handed’ language such as blaming the resident’s lifestyle may result in a finding of maladministration.

The letter also highlights the Ombudsman’s concerns about legal claims and reminds landlords that they should continue to use the complaints procedure until legal proceedings have been issued. If a landlord does not progress a complaint because of a claim, the Ombudsman may use his powers to escalate it, but landlords should also contact the service if they can evidence they’re struggling to progress it.

Richard Blakeway said: “Following the appalling and preventable death of Awaab Ishak, we are reinforcing the recommendations we made in our Spotlight report last year.

“The report highlighted our concerns about the tone of some communications, especially language such as ‘lifestyle choices’ and ‘behaviours’ that infer blame on the resident, absolving the landlord of responsibility. This underlying attitude can impede an effective diagnosis of the causes and timely actions that should be taken by the landlord. This reflects some of the evidence heard at the inquest.

“This call to change language has resonated with many landlords who have taken action. However, I am acutely aware that, given this language had become so widespread and accepted, the sector may still have some way to go before it is eradicated from the vernacular of social housing. I consider the use of patronising, stigmatising or potentially discriminatory language as ‘heavy handed’ and therefore may use our Scheme to make a finding of maladministration.

“Having an accessible complaints procedure is essential to promote alternatives to the courts to resolve disputes. I know there is poor practice in a minority of the legal sector in relation to disrepair claims. However, I have seen some landlords close complaints prematurely because the protocol has commenced. I would stress the importance of landlords remaining committed to inspecting properties as soon as a claim is raised and to completing the repairs needed as soon as is practicable.”