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London & Quadrant Housing Trust (202110693)

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REPORT

COMPLAINT 202110693

London & Quadrant Housing Trust (L&Q)

16 June 2025


Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about the landlord’s response to the resident’s reports about antisocial behaviour (ASB). 

Background

  1. The resident is a secure tenant of the landlord. The landlord has vulnerabilities recorded for resident.
  2. The resident complained to the landlord in 2021 and 2022 about its handling of his reports of ASB from a neighbour above.
  3. The resident told the Service in February 2023 he was still experiencing ASB from his neighbour and had complained to the landlord. The ASB included noise and banging. On 28 February 2023, we asked the landlord to consider the resident’s further complaint about its handling of the matter.
  4. The landlord responded at stage 1 of its complaint process on 9 March 2023. It said a previous ASB report was closed because of insufficient evidence, and it had not been classed as ASB. It had explained to the resident the ASB issues did not qualify him for a direct move. It provided information about his general rehousing options. It explained that following the resident’s further report of ASB on 9 January 2023, it had visited him the following day. During the visit it had not heard any noise but had spoken to the neighbour. It had advised the resident on using diary sheets and a noise app to help capture further evidence.
  5. The resident escalated his complaint in a letter received by the landlord on 8 August 2023. He said the ASB was continuing. On 6 September 2023 and 15 November 2023, the Service asked the landlord to respond to him at stage 2 of its complaints process.
  6. The landlord issued a final response on 22 November 2023 after visiting the resident the previous day. It acknowledged it had not dealt with his previous ASB reports appropriately and had delayed in escalating his complaint. It apologised and confirmed it had opened an ASB case for investigation. It said it would attempt to gather evidence of the ASB by speaking with other neighbours, doing a noise test, and requesting information from the police. It also said it would continue helping the resident to move through the mutual exchange process. The landlord offered compensation of £100 for its poor complaint handling, £50 for distress and inconvenience, and £50 for the resident’s time and effort. It said it would update the resident on its proposed actions by 22 December 2023.
  7. The resident remained dissatisfied with the landlord’s response. In his complaint to the Ombudsman he said the ASB had escalated.

Assessment and findings

Scope of investigation

  1. The resident raised stage 1 complaints to the landlord in November 2021 and August 2022 about its handling of his reports about ASB. We have not seen evidence of these complaints having exhausted the landlord’s complaints process, which is one of the requirements for an Ombudsman investigation. Because of that this investigation focuses on the landlord’s handling of the resident’s reports addressed in the landlord’s final complaint response on 22 November 2023.
  2. Some of the issues raised to us by the resident happened following the end of the complaints process. This included further reports about ASB. As explained above, this investigation centres on the issues raised during the resident’s formal complaint on 28 February 2023 and responded to by the landlord in its final response on 22 November 2023. Any issues or requests after that time should be raised as new complaints with the landlord before they can potentially be investigated by the Ombudsman
  3. The resident has referred to the situation impacting his health. The Ombudsman is unable to assess the cause of, or liability for, impacts on health and wellbeing. The resident may be able to make a personal injury claim if he considers that his health has been affected by the landlord’s actions or inaction. This is a legal process, and the resident may wish to seek legal advice if he wants to pursue this option. As this issue is more effectively resolved and remedied through the courts it will not be considered in this report.

The landlords response to the resident’s reports about ASB

  1. The landlord’s ASB policy says it will not normally consider noise caused by people going about their daily lives as ASB. It will log non–ASB, take no further action and advise the resident why it will not be investigated further. The landlord records noise as ASB where it is persistent, deliberate or targeted. In its ASB investigation, the landlord will keep in regular contact with the resident, where necessary arrange an interview, agree an action plan and keep them updated throughout the case. It will close ASB cases in circumstances including where it concludes that ASB has not taken place and there is insufficient evidence. It will always try to contact the resident before closing a case.
  2. The landlord has a 2 stage complaints policy. It will respond at stage 2 within 20 working days of an escalation request.
  3. The landlord’s compensation policy says it will consider offering compensation when an apology alone is not sufficient. Including where it fails to respond to or process a complaint within agreed response times.
  4. The Ombudsman’s role is to determine whether, after receiving ASB reports, the landlord responded in accordance with its policies and procedures, and if its actions were fair and reasonable in the circumstances of the case.
  5. The evidence for the resident’s ASB reports in 2023 show the landlord’s response to his reports of noise in January 2023 was in accordance with its ASB policy. It investigated the noise and advised the resident that it needed further evidence, providing diary sheets and a noise app to help him document what he was experiencing. It also investigated the resident’s reports in person and spoke to the neighbour, which was appropriate given the resident had made previous similar reports. These were proportionate actions to take given the limited evidence the landlord had received at that point and were also in line with its policy.
  6. The resident made a new report on 30 March 2023 and reported the ASB was continuing. No evidence of the landlord responding to this has been seen. In line with its ASB policy, the landlord should have explained to the resident whether or not it considered the report to be noise nuisance and what action, if any, it could take.
  7. The resident told the landlord on 8 August 2023 that the neighbour was causing nuisance by banging and stomping their feet. In line with is ASB policy, the landlord contacted the resident on 18 August 2023 and arranged to visit the resident on 21 August 2023. However, there is no record in the evidence of the visit proceeding, or of any further updates to the resident.
  8. Given the lack of action or appropriate response to the March and August 2023 reports it was appropriate for the landlord to acknowledge in its final response that it had not dealt with some of the resident’s ASB cases well. It apologised, offered £100 compensation, and explained in detail how it would put things right by robustly investigating the resident’s ASB concerns. However, it did not specify which reports it had not handled well, or what it felt it had got wrong.
  9. One of the Ombudsman’s dispute resolution principles is that landlords should learn from complaints and improve their practices to prevent similar issues from occurring in the future. This includes acknowledging poor service, accepting responsibility, explaining why it happened, and setting out what actions have been taken to address the problem. Given that the landlord’s explanation for what it felt it got wrong and why the failings occurred was missing, it only partially adhered to this principle.
  10. Furthermore, when considered against the Ombudsman’s remedies guidance the nature and scale of the failings found in this report for the March and August 2023 ASB reports mean the £100 compensation the landlord offered was not proportionate. This is especially so given the clear distress and frustration the evidence shows the resident was experiencing, and which more robust handling by the landlord may have helped alleviate.
  11. In its final complaint response, the landlord acknowledged delays in addressing the resident’s escalated complaint, which it said it had received on 7 September 2023. It apologised and offered £100 compensation for its complaint handling. However, the evidence shows it received his escalated complaint 1 month earlier, on 8 August. This may have been a basic typographic error, and the remedies offered were appropriate even for the longer delay. Nonetheless, this small mistake had the potential of undermining the reliability and accuracy of its responses.
  12. The evidence shows the landlord completed the actions set out in its final response. The noise test was booked for 13 December 2023. There was no evidence provided of the outcome of the test. However, the landlord contacted the resident on 18 December 2023 and provided an update on the ASB case. This included on outcome of the police disclosure, and the investigations with other neighbours about the noise.
  13. Overall, the landlord acknowledged it had not completed actions in relations to previous ASB cases. However, it did not fully explain its failings or what it had learned from the complaint. The landlord’s remedies (including the ASB actions it said it would take) partially put things right for the resident. However, the compensation of £200 did not go far enough to account for its failings. For these reasons complaint remains unresolved.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was service failure in the landlord’s response to the resident’s reports about antisocial behaviour (ASB). 

Orders and recommendations

Orders

  1. Within 4 weeks of this report the landlord must pay the resident compensation of £250 for the failings found in this report. This is in addition to the £200 already paid.
  2. The landlord must provide evidence of compliance with this order within the deadline above.

Recommendation

  1. As is explained above, the resident has told us that he has current ASB concerns. The landlord should ensure that it is offering levels of support to him appropriate to his situation and needs. This could include signposting him to external support agencies or explaining how he could ask for an ASB case review by the local council if eligible.