London & Quadrant Housing Trust (202434694)

REPORT

COMPLAINT 202434694

London & Quadrant Housing Trust (L&Q)

21 July 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 handling of the resident’s reports of damp and mould in the property.

Background

2. The resident has been a secure tenant of 3-bedroom house since October 2000. The resident informed the landlord during her complaint she suffers from asthma.
3. The landlord recorded on 29 November 2023 there was damp and mould on the kitchen walls in the resident’s property. The landlord’s contractor told it on 6 December 2023 there were cracks in the external kitchen wall causing water ingress. The landlord said the walls needed to be rendered.
4. The resident complained to the landlord on 2 September 2024 as no action had been taken to repair the wall and address the damp and mould in the kitchen.
5. On 3 September 2024 the landlord sent its stage 1 complaint response to the resident. It offered £420 compensation for the delay in taking action regarding the damp and mould in the property. The resident escalated the complaint on 17 September 2024.
6. The landlord sent its stage 2 complaint response to the resident on 7 October 2024. It said it would arrange the outstanding works. It made an increased £1,310 compensation offer for the delays in repairing the wall and addressing the damp and mould in the kitchen.
7. The resident contacted us on 6 December 2024 as she remained dissatisfied with the landlord’s handling of her complaint.

Scope of investigation

8. During the resident’s complaint she told the landlord the damp and mould was affecting her health due to her suffering from asthma. Whilst we are an alternative to the courts, we are unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health. Matters relating to personal injury or damage to health are likely better suited to consideration by a court or via a personal injury claim. However, we will consider any general distress and inconvenience caused where there has been a failing by the landlord.

Assessment and findings

9. The landlord recorded on 29 November 2023 there was mould on the kitchen walls in the resident’s property. The landlord has not provided details of when the matter was first raised with it.
10. On 6 December 2023 the landlord’s contractor inspected the property. They said there were cracks in the external wall, which required further inspection as it was causing water ingress resulting in damp and mould in the kitchen. The contractor said they could not carry out a mould wash as kitchen units needed to be removed to clean the areas behind them.
11. The landlord inspected the kitchen wall on 25 January 2024. It told the resident on 29 January 2024 it would contact her to arrange to repair the wall.
12. Landlords need to make sure their homes are safe, warm, and free from hazards. When a resident reports a risk such as damp and mould, the landlord should quickly inspect the property to check for hazards. They must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved.
13. The landlord’s damp and mould policy states:
    1. When a resident reports there is damp and mould in the property it will arrange for its specialist contractor to visit and assess the property within 20 working days.
    2. The assessment will identify the underlying cause of the damp and mould, and the resident will be provided with guidance on how to manage that.
    3. Any remedial action will be carried out within 10 working days of the assessment.
    4. If multiple fixes are required, the landlord will keep the resident updated on its progress.
14. The evidence shows the landlord sent a contractor to assess the damp and mould within its policy timescales after the matter was first raised. It also identified the potential root cause of the damp and mould, and the work required to put it right. However, the landlord did not carry out the subsequent required works within its policy timescale.
15. On 4 March 2024 the landlord raised a work order to render the external kitchen wall. The landlord’s operatives inspected the walls again on 21 March 2024 and it referred the matter to its minor works team to arrange the repair.
16. The resident called the landlord on 2 September 2024. She complained the landlord had not carried out any repairs to the kitchen wall or addressed the damp and mould. The resident said she suffered from asthma and the damp and mould was making it worse.
17. The landlord sent a response at stage 1 of its complaint process to the resident on 3 September 2024. It upheld her complaint. It apologised and offered £420 compensation for the distress and inconvenience caused by it not carrying out repairs at the property.
18. Although the landlord recognised its failings, it did not provide the resident with any assurances or timescales regarding when the outstanding repairs would be addressed. This was a failing by the landlord and a missed opportunity to improve any damage caused by its handling of the matter to the landlord and tenant relationship.
19. The resident asked the landlord to review her complaint on 17 September 2025. She said it had not arranged to repair the wall.
20. On 7 October 2024 the landlord sent its stage 2 complaint response to the resident. It apologised and made an increased compensation offer of £1,310 for the distress and inconvenience caused by its failure to carry out repairs and taking into account that she was a vulnerable resident, who suffers from asthma. The landlord said its operatives would contact her to arrange the outstanding works.
21. Although the landlord offered increased compensation for the delayed repairs, it did not provide the resident with a timescale for when the wall would be repaired, nor when the damp and mould would be treated.
22. The landlord inspected the property on 29 November 2024. It said a surveyor needed to check the damp and mould in the kitchen and a plasterer would assess the external wall.
23. The resident contacted us on 6 December 2024 as she remained dissatisfied with the landlord’s handling of her complaint.
24. The landlord’s surveyor inspected the property on 15 February 2025. They said the landlord should repair the external wall and carry out a mould wash in the kitchen within 20 working days.
25. On 7 July 2025 the landlord confirmed it had not carried out the repairs to the wall or treated the damp and mould.
26. The landlord’s surveyor inspected the property on 9 July 2025. They said the landlord would bring forward planned works to renew the property’s windows, then it would render the wall and carry out repairs in the kitchen. The resident told the landlord she would be away for a period between July and September 2025, but she could return to enable the works to be carried out.
27. Throughout the timeline of the resident’s complaint, the evidence shows there were substantial delays by the landlord to effectively address the resident’s reports of damp and mould. Both of the landlord’s complaint responses recognised it had not taken any action to address issues raised. The landlord offered £1,310 compensation for the distress and inconvenience the lack of action caused the resident.
28. Where there are admitted failings by a landlord, our role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances.
29. When considering the landlord’s compensation offer against the criteria set out in our remedies guidance, its offer of £1,310 amounted to suitable compensation to reflect failings that caused distress and inconvenience over a prolonged period, and which had a serious detrimental impact on the resident. However, for the matter to be said to be resolved would also have required the landlord taking action to undertake the required works and complete them within a reasonable timescale following its stage 2 response.
30. The evidence shows the landlord has yet to complete the outstanding remedial works at the property, several months after its stage 2 complaint response. The landlord’s failure to follow through with its agreed actions is unreasonable.
31. The landlord’s failure to carry out the agreed remedial action following its internal complaints process leads to a determination of maladministration. The landlord is ordered to make an additional compensation payment of £565 to the resident and to undertake the required works.

Determination

32. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp and mould in the property.

Orders and recommendations

33. Within 4 weeks of the date of this report, the landlord is ordered to:
    1. Apologise to the resident for the failings identified in this report.
    2. Pay £1,875 compensation to the resident. The landlord may deduct the sum of £1,310 awarded as part of its internal complaints process, if already paid. The balance should be paid directly to the resident and not offset against any rent or service charge account. The compensation is broken down as follows:
       1. £1,310 for the distress and inconvenience caused by the landlord’s handling of the resident’s reports of damp and mould in the property.
       2. £565 for the distress and inconvenience caused by the landlord’s failure to carry out agreed actions following the conclusion of its internal complaints process.
34. The landlord will contact the resident within 2 weeks to check her availability for works to begin. It will provide a schedule of works to make the required repairs which were subject to this complaint, but which also recognises its commitment to renew the windows. The landlord must commence the required repairs and replacement of windows within 12 weeks of the date of this report. If the landlord is unable to facilitate replacement of the windows within this timeframe, it will instead conduct the repairs to the wall and kitchen within 4 weeks of the date of this report, at a time convenient for the resident. The landlord should supply us with evidence of compliance of these orders within the timescales set above.