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London & Quadrant Housing Trust (L&Q) (202115096)

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REPORT

COMPLAINT 202115096

London & Quadrant Housing Trust (L&Q)

28 March 2024


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:
    1. Response to the resident’s reports of cracks to the property and associated damp and mould.
    2. Complaint handling.

Background

  1. The resident is an assured tenant of the landlord with the tenancy beginning January 2017. The property is an end of terrace two-bedroom house which is located close to a railway line and associated vacant land.
  2. In 2018, the resident reported damp and mould in the bathroom. The repair log detailed the damp was “reoccurring” and “to look if the exterior brick work is deteriorating.” In addition, walls were showing signs of moisture and cracking. It went on to say the resident said the cracking was “in the same place externally and internally.”  
  3. The repair log shows that on 3 September 2019, a work order was raised in relation to large cracks to the front and rear of the property. It goes on to show a further 4 orders being made between November 2019 in June 2021 in relation to the cracked render.
  4. An email of 25 June 2021 confirmed to the resident the remaining outstanding repairs were “rendering to the front and rear of the property and damp”, which were “all linked to the outside wall”. It went on to say that as it could be evidenced “this has been ongoing for over 2 years” it would try to bring the appointment forward.
  5. The resident contacted this service on 23 June 2021 in relation to outstanding repairs and the lack of response to his reports. He was unhappy with the length of time the landlord was taking to complete repairs and this was raised as a stage 1 complaint. The landlord sent its stage 1 response on 14 July 2021 outlining action it had taken and explaining that some delays were as a result of the pandemic whereby on 17 March 2020 “all repairs and maintenance services were placed on hold”. It explained that the repair had been rebooked for 2 September 2021 for the works to be completed. It said it had tried to bring the appointment forward however was unsuccessful. It offered the resident compensation totalling £385, it explained the level of impact was multiplied by the number of years the issue had been going on since 2019. This was broken down into:
    1. Inconvenience and Distress £60 x 3 = £180
    2. Time and Effort – £60 x 3 = £180
    3. Delay in Stage 1 response – £25.
  6. Following a conversation with the resident on 15 July 2021 the landlord said it became aware of “cracks to the side of the property”. However, the works it had scheduled were for the front and back of the property only. An internal email echoed the resident’s concerns regarding the cracks to the side of the property.
  7. The repair logs showed a repair was raised on 9 December 2021 in relation to large cracks “appearing at the front and rear of the property”. On 24 February 2022, the landlord contacted the resident explaining that the external rendering works could not go ahead as scaffolding needed to be erected on the land adjacent to his property which was owned by British Rail.
  8. The resident contacted this service on 11 May 2022, as a result we contacted the landlord on the resident’s behalf. On 10 June 2022, the landlord wrote to the resident at stage 2 in relation to “Damp and mould” and “cracks in the ceiling and walls”. It outlined a chronology of events regarding the action it had taken and offered the resident more compensation totalling £1000. This was broken down into:
    1. Stage One compensation offer – £385
    2. Distress – £80
    3. Inconvenience – £125
    4. Time and effort – £60
    5. Right to repair – £250
    6. Stage two delayed response – £100.
  9. The same day the resident reported damp and mould issues in his property. A healthy home report was carried out on 21 June 2022, providing a summary of the issues and repairs that were required. These repairs included gutter repairs, repointing to the external walls and render, unblocking air bricks in the living room and the repair to the heating thermostat. The case notes show that as a result of the inspection the landlord’s contractor made it aware that the resident and his nephew were both asthmatic and said mould affected their breathing.
  10. Following recent contact from the resident, he explained that the works to the external cracks at the side of the property remain outstanding.

Assessment and findings

Policies and procedures

  1. On 23 March 2020, the UK government announced a national lockdown due to covid-19, this was eased from June 2020. On 1 June 2020, the Government issued updated guidance for landlords, tenants and local authorities concerning the Covid-19 pandemic. The guidance said that landlords “can now take steps to address wider issues of repairs and safety inspections, provided these are undertaken in line with public health advice.” In addition, that “where workforce is available and resources allow, landlords or contractors are now able to visit most properties to carry out both routine and essential inspections and repairs, as well as any planned internal works.”
  2. On 6 January 2021, England entered a third national lockdown. A four-step process was introduced to ease restrictions starting the 8 March 2021 with most legal limits being lifted on 19 July 2021.
  3. The landlord’s repairs policy says that it will carry out repairs within a reasonable timeframe.
    1. Day to day repairs to be carried out at the earliest mutually convenient appointment.
    2. Emergency works where there is an immediate danger to the resident within 24 hours.
    3. For emergency works that occur out of hours, it will attend within four hours. The out of hours service is to ‘make safe’ and lower the immediate risk. The follow-on repair will then be completed at the earliest mutually convenient appointment.
  4. Paragraph 3.b.1. of the tenancy agreement says that the landlord is responsible for repairs to the exterior and structure of the property.

The landlord’s response to the resident’s reports of cracks to the property and associated damp and mould.

  1. It should be noted that it can take more than one attempt to resolve issues in relation to damp and mould as it can be difficult to identify the cause of issue at the outset and in some case different repairs may need to be attempted before the matter is resolved. Nevertheless, our spotlight report on damp and mould says, “landlords should identify opportunities for extending the scope of their diagnosis within buildings, for example by examining neighbouring properties, to ensure the response early on is as effective as possible.”
  2. Following reports from the resident, on 3 September 2019 a works order was raised to repair the external cracks to the front and rear of the resident’s property. The repair shows this work was completed on 8 November 2019. Whilst it was appropriate and in line with its repair obligations to repair the exterior structure of the property, it was not appropriate it took 48 working days to complete, especially given the landlord was aware of the damp issues in the property reported in 2018.
  3. A further works order was raised on 15 November 2019, with follow-on works needed to repair the cracks with external rendering. This was attended to on 7 January 2020. However, the repair log said that the repairs could not be completed “as there wouldn’t be enough time to complete all the areas required” and it would need approximately two days to complete the job. A further 2 works orders were raised in January in relation to the rendering. It is a cause of concern that the landlord had not accurately identified the extent of the work required, resulting in the need for repeat visits. Therefore, an order has been made in relation to this.
  4. On 15 February 2020, a works order was raised in relation to a roof repair and guttering to the rear of the property. This was evidenced as complete on 14 January 2021. This was 232 working days later. For context on 23 March 2020 the UK government announced a national lockdown due to covid-19. This was eased from 1 June 2020 when schools and non-essential retail outlets re-opened.
  5. Nevertheless, from June 2020, it was still 160 working days until the repair was carried out on 14 January 2021 and was not appropriate. The landlord would have been aware that the delay in addressing this issue could further exacerbate any damp and mould issue experienced by the resident which was unfair.
  6. The resident contacted this service on 21 June 2021 as he was unhappy at the length of time it was taking to repair the cracks to the walls, and we therefore asked the landlord to raise a stage one complaint for the resident. The landlord responded on 14 July 2021 and offered the resident £350 compensation for the distress and inconvenience given the length of time it was taking to resolve matters. The offer was resolution focused and a step towards putting things right.
  7. On 15 July 2021, the resident advised the landlord that he was concerned about cracks to the side of his property. An internal email said there were no notes in relation to this and the order would have to be cancelled. This is why it is vitally important that landlords carry out a thorough investigation when works are required and particularly when identifying the causes of damp and mould .
  8. Between September and December 2021, the landlord obtained quotes for the rendering of the end gable wall, which was a necessary step. It is not clear if the need to obtain additional quotes were as a result of the landlord’s failure to adequately identify the required repairs or due to new cracks appearing.
  9. In February 2022, the landlord contacted the resident to advise it needed permission from British Rail to install scaffolding in order for the external rendering works to the gable wall to commence. Between March and June 2022, the landlord liaised with various external organisations in relation to obtaining permission to erect scaffolding on the land adjacent to the resident’s property. This service acknowledges, that the customer relations officer was proactive and persistent in trying to expedite this, but this remains outstanding.
  10. Following contact from the resident, on 11 May 2022, this service requested the landlord raise a stage 2 complaint for him. The landlord responded on 10 June 2022 outlining a chronology of events and increased its offer of compensation to £1000.
  11. This Service acknowledges that the landlord had experienced backlogs due to covid restriction, and at this point the offer of £1000 would have been considered reasonable redress. Nevertheless, all the cracks have not been fixed since then and further compensation has been ordered below.
  12. The resident reported damp and mould in the property on 10 June 2022. A healthy home survey was carried out on 21 June 2022. This was an appropriate and prompt response by the landlord.
  13. Case notes of 5 July 2022 said that its contractor had brought to its attention that the resident and his nephew were both asthmatics. It went on to say that this should be noted on its system as “currently there were no illnesses registered for the resident” and that it should discuss if it “could help” them in any way. The vulnerabilities for the resident were added to the landlord system on 5 October 2022. It was appropriate that the landlord added the resident vulnerabilities to its system, although it appears that this was not done until three months later. In addition, there is no evidence to suggest the landlord discussed ways it could help the resident. This is not appropriate.
  14. In October 2022, the resident contacted this service explaining that a contractor was supposed to carry out works on 28 September 2022, however no one attended. Following recent contact with the resident, he explained that the work to the gable wall remains outstanding. This service has no further information in relation to the current situation.
  15. In summary, over the period between 3 September 2019 and 9 September 2021 the landlord has evidenced that it carried out works to try and repair the cracked walls. Nevertheless, despite these works, the resident continued to report issues with cracks in the property, often explaining they were getting worse. He had explained he was worried the cracks were getting bigger, and evidently of concern to him. This Service acknowledges that the landlord had experienced constraints due to covid restriction, nevertheless, that does not mitigate the significant delay the resident had experienced and continues to experience over the last 4 years.
  16. The landlord had not accurately identified the extent of the work required, resulting in the need for repeat visits, in turn resulting in delays for appropriate repairs to be carried out. Furthermore, the resident had to raise the issue of the cracks to the side of the property as this had not been identified by the landlord. Following this the landlord identified the need to erect scaffolding for this repair, with subsequent problems being identified in relation to obtaining permission to install scaffolding on the land adjacent to the property.
  17. The landlord’s failure to adequately identify what repairs were required to the fabric of the building caused unnecessary delay for the resident in addressing the issues. It has been evidenced that there were issues with cracks to the property contributing to damp and mould in 2018, 2019 and 2021. The resident continued to report the cracks and damp and mould even after the stage 2 response in June 2022.
  18. The issue was ongoing over a considerable period of time and is still an outstanding matter, although limited evidence has been provided in regard to the impact of the cracking in terms of any related damp issues internally. Nevertheless, it is evident that this was of ongoing concern for the resident and caused distress and inconvenience to him. Therefore, as outlined above there was maladministration by the landlord in its response to the resident’s reports of cracks to the property and associated damp and mould.
  19. In recognition of the distress and inconvenience experienced by the resident following the landlord’s delay in dealing with the cracked walls, and damp and mould, £1530 compensation has been awarded. This is broken down into £10 per week for 153 weeks covering the period between 3 September 2019 and 22 March 2024. The period between 23 March 2020 to 1 June 2020 and 6 January 2021 to 8 March 2021 has been deducted for the lockdown restrictions.

Complaint handling

  1. The landlord’s complaints policy operates a two-stage process. It says that stage one responses will be sent within 10 working days and stage two responses sent within 20 working days. It says that someone not involved at stage one will carry out a review of the complaint at stage two.
  2. The landlord raised a stage 1 complaint on 23 June 2021, following contact from this service. The landlord responded on 14 July 2021 which was 15 days later. Although the response was sent 5 days outside of its response time, the landlord accepted this failing and offered the resident £25 in compensation. This was appropriate and a reasonable step to put things right.
  3. The landlord continued to liaise with the resident via the customer service relations officer, which was appropriate to progress the complaint. The resident chased matters on 5 May 2022 as he felt the works were not progressing. He therefore contacted this Service on 11 May 2022, and we requested that the landlord raise a stage 2 complaint for him.
  4. The landlord sent its stage 2 response on 10 June 2022, outlining the chronology of events regarding the action it had taken. The response was clear and appropriate, referencing apologies that were made during the course of the investigation. It offered the resident £100 compensation to put things right which was also resolution focused.
  5. In summary, the landlord has accepted its failings when responding to the resident’s complaint and causing him distress and inconvenience for the delay. In total it offered the resident £125 compensation to put things right. Therefore, the ombudsman considers this reasonable redress.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in regard to the landlord’s response to the resident’s reports of cracks to the property and associated damp and mould.
  2. In accordance with paragraph 53 of the Housing Ombudsman Scheme the landlord offered reasonable redress in its complaint handling.

Orders

  1. Within four weeks of the date of this determination, the landlord is ordered to take the following action and provide the Ombudsman with evidence of compliance with these orders:
  2. The landlord to write to the resident to apologise for the service failures identified in this report, in line with this service’ apologies guidance. https://www.housing-ombudsman.org.uk/centre-for-learning/key-topics/our-orders/apologies-guidance/
  3. Pay directly to the resident compensation totalling £1530 for the distress and inconvenience caused in relation to its response to the resident’s reports of cracks to the property and associated damp and mould. This can be reduced by any amount already paid.
  4. Within eight weeks of today’s date, the landlord should carry out a review of this complaint to identify any lessons to be learnt from its handling of the repair requests. The review should focus on the need to get things right first time and carrying out a thorough assessment of the issue to prevent the need for multiple contractor visits. The landlord should share the findings from this case review with the resident and the Ombudsman.
  5. Liaise directly with the resident and draw up an action plan detailing what works are outstanding and give a timescale for when these are to be completed. A copy of the plan is to be provided to the resident and this service with all works to be complete within 2 months of this determination. Given the continued delay with permission needed to erect scaffolding, the landlord is to give consideration to the use of Rope Access (or similar) to carry out the external rendering works.

Recommendations

  1. Familiarise itself with this service’ spotlight report on complaints about repairs. Room for improvement: Spotlight on… complaints about repairs (housing-ombudsman.org.uk)
  2. To become familiar with the new Complaint Handling Code for its implementation on 1 April 2024.