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London & Quadrant Housing Trust (L&Q) (202311235)

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REPORT

COMPLAINT 202311235

London & Quadrant Housing Trust (L&Q)

12 February 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 and the property being cold.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident is an assured tenant of a 2-bedroom flat. The resident has reported her daughter has a condition that that affects her breathing. The resident’s MP acted as a representative at times during her complaints to the landlord.
  2. The resident reported to the landlord on 6 June 2021 that she had damp and mould in her bathroom. The landlord’s contractor inspected the property on 23 June 2021 and 16 June 2022 and replaced silicone sealant in the bathroom on both occasions.
  3. The resident complained to the landlord on 14 December 2022 that there was damp and mould in the property again and that property was cold, especially the back bedroom and the bathroom. The resident complained to the landlord on 14 December 2022.
  4. The landlord’s contractor inspected the property on 19 January 2023. They said that the bedroom walls were very cold. They completed a mould clean and shield of the property. They said that the silicone around the bath and sink needed to be replaced.
  5. The landlord sent a stage 1 complaint response to the resident on 27 January 2023. It said it was waiting for the contractor’s report following the inspection of 19 January 2023.
  6. The landlord sent a further stage 1 complaint response to the resident on 17 February 2023. It offered £80 compensation for the delays in it taking action. The resident escalated her complaint the same day.
  7. The landlord sent a stage 2 complaint response to the resident on 17 August 2023. It offered £300 compensation for its delays in dealing with the complaint and the matters the resident had raised. It also arranged for a heat loss survey to be completed and for a surveyor to inspect the property.
  8. The resident continued to contact the landlord about the damp and mould and the property insulation in October and November 2023.
  9. The resident told this Service on 3 November 2023 that she remained unhappy with the landlord’s response to her complaint.

Assessment and findings

Scope of investigation

  1. The resident has told this Service of the impact the damp and mould and the cold property has had on her daughter’s health. Whilst this Service is an alternative to the courts, it is 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, this Service will consider any general distress and inconvenience caused where there has been a failing by the landlord.

The landlord’s handling of reports of damp and mould and the property being cold

  1. On 6 June 2021 the resident reported to the landlord that she had mushrooms growing from mould in her bathroom. She asked that the landlord inspect the bathroom.
  2. The landlord’s records show that its contractor carried out a full property inspection on 23 June 2021. They completed a healthy homes report, which is an assessment of damp and mould and possible reasons for it. Part of the purpose of the report is to make recommendations on dealing with the root causes of the issue. The report said that there was mould in the bathroom and that the silicone sealant around the bathtub was to be replaced. It said there were no indications of damp at the property. The contractor provided the resident with best practise information regarding preventing damp and mould. They completed a full mould clean and shield of the property that day. They recorded that that there was a humidity sensor in the bathroom, but not what the humidity level was. The landlord replaced the silicone on 27 July 2021.
  3. Landlords need to make sure their homes are safe, warm, and free from hazards. When a resident reports a risk, 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. 
  4. The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool used by local authorities to assess dwellings and identify potential hazards that could harm the health, safety, or lives of occupants. The HHSRS identifies damp and mould as a hazard in a residential property. It states that damp and mould can be a threat to health.
  5. The landlord’s damp and mould policy states that:

a.     When a resident reports that 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.

b.     The assessment will identify the underlying cause of the damp and mould, and the resident will be provided with guidance on how to manager that.

c.      Any remedial action will be carried out within 10 working days of the assessment.

d.     If multiple fixes are required, the landlord will keep the resident updated on its progress.

  1. The landlord sent a contractor to assess the damp and mould within its policy timescales. However, the silicone in the bathroom was not replaced for over a month. That was outside of its policy timescale of 10 working days.
  2. The landlord’s contractor completed a further healthy homes report following an inspection of the property on 16 June 2022. It is unclear what prompted the landlord to instruct the inspection. The report said there was no damp in the property, but mould had returned to the bathroom due to condensation from showering. The contractor recorded that the bathroom window opened, and the extractor fan worked. The contractor replaced the silicone in the bathroom.
  3. On 12 December 2022 the resident called the landlord. She reported again that there was damp and mould in the property. She also said that the property was cold, especially the back bedroom. The landlord’s records do not say what it told her in response.
  4. The Decent Homes Standard is a government target that sets the minimum standard for social housing. As part of the standard, the landlord is obliged to provide the resident with a reasonable degree of thermal comfort at the property. The landlord is responsible for ensuring that there were no repair issues which meant that the Decent Homes Standard was not being met.
  5. Guidance for the HHSRS sets out that a healthy indoor temperature is approximately 21°C, and that temperatures below 16°C may pose serious health risks.
  6. The resident made a complaint to the landlord on 14 December 2022. She said that there was damp and mould in the property, and the back bedroom could not be used unless the heating was left on overnight. She asked the landlord to inspect the property. The landlord acknowledged the complaint the same day. The landlord told the resident on 29 December 2022 that it would send a contractor to check for damp and mould.
  7. The landlord’s contractor inspected the property on 19 January 2023. They completed a healthy homes report. They said there was mould on the silicone around the bath and sink. They did not record a cause for the mould in the bathroom. The contactor completed a mould clean and shield of the property. They recorded that the bedroom walls were very cold. The assessment was completed outside of the landlord’s 20 working day policy timescale.
  8. The resident emailed the landlord on 26 January 2023. She said that the contractor had told her they had completed a moisture test and the moisture levels in the walls were 28% and 32%, when the average level was 18%. The contractor’s report did not contain the moisture level readings.
  9. The resident asked for an update on her complaint on 26 January 2023. The landlord sent a response at stage 1 of its complaint process to the resident the next day. It said it would contact her when it received its contractor’s report.
  10. On 5 February 2023 the landlord sent a message to the resident. It said that the humidity sensor in the bathroom was recording high humidity levels. It provided links to its website with ventilation advice. The landlord sent the same message to the resident in the following months as the recorded humidity levels remained high.
  11. The landlord’s contractor replaced the silicone in the resident’s bathroom on 17 February 2023. The repair was outside of the landlord’s 10 working day policy timescale.
  12. The landlord sent a further stage 1 complaint response to the resident on 17 February 2023. It offered £80 compensation, which was comprised of:

a.     £60 for the delay and inconvenience the resident had experienced.

b.     £20 for the time and effort taken by the resident to pursue the matter.

  1. The landlord’s response recognised that it had delayed in its complaint response to the resident’s reports of damp and mould at the property, but it did not mention her concerns about the property being cold. The landlord did not recognise that its repairs to the bathroom on 2 occasions were outside of its policy timescale. The failure to respond to the resident’s complaint about the property being cold, the failure to follow its repairs policy and offer redress for this was unreasonable.
  2. A review of the landlord’s actions show it sent contractors on 3 occasions in 19 months. The contractors reported the back walls were cold and the mould in the bathroom was due to condensation. The landlord provided ventilation advice due to the humidity in the bathroom. However, the mould issue returned after the silicone was replaced and the bathroom remained humid. It would have been reasonable to expect in these circumstances that the landlord would arrange an inspection of the property to try to determine if there were repair issues which could be contributing to the re-occurring mould and the cold walls. The failure to consider taking further action in its stage 1 complaint response was unreasonable.
  3. The resident escalated her complaint on 17 February 2023. The landlord acknowledged the escalation request the same day. It said that her property had been put on a waiting list for cavity wall insulation. It added though that it was not able to offer free insulation to residents at that time, and it could not confirm if or when a programme for free insulation would happen. It also said it may take longer than its policy standard 20 working days to respond to the complaint due to backlogs in its complaint department.
  4. It was reasonable for the landlord to explain the reasons why it was unable to provide new and additional insulation at the property. It was also positive that the landlord had put the property on its waiting list for cavity wall insulation. However, given the long-term expected wait to provide insulation at the property, it would be reasonable to assume that the landlord would take investigative action and seek to advise, inform and signpost the resident towards interim measures to improve thermal efficiency at the property.
  5. The resident sent further emails and tried to contact the landlord several times between February and July 2023. She said that the damp and mould was affecting her family’s health. The landlord only replied once, on 28 April 2023. It said her complaint had not been investigated yet. It did not provide a timescale for when it would reply to her complaint.
  6. The resident’s MP asked the landlord for an update on the resident’s complaint on 2 August 2023. The landlord replied on 11 August 2023. It said it would arrange for a surveyor to visit the property.
  7. The landlord sent its stage 2 complaint response to the resident on 17 August 2023. It accepted that the level of service it had provided was not of the required standards. It said it could have managed her enquiries more effectively, and it apologised for delays in responding. The landlord offered £120 compensation for the overall distress and inconvenience the resident had experienced, and for the time and effort she had spent on the matter.
  8. The landlord said it had arranged for a heat loss survey to be completed on 18 August 2023, and for a surveyor to inspect the property on 22 August 2023.
  9. The landlord’s complaint response acknowledged that it had not provided the level of service the resident should have received. It apologised for its lack of contact and offered compensation for the overall distress and inconvenience she suffered. The landlord also arranged actions to try and determine the causes for the mould and cold walls. However, it did not account for why it did not do this as part of its stage 1 investigation response. The failure to do so highlights a lack of resolution focus in the landlord’s process. The failure to apologise or recognise its shortcomings was unreasonable.
  10. The landlord’s contractor completed a heat loss survey of the property on 18 August 2023. They said the resident reported that the back bedroom wall was damp and there was poor insulation at the property. They recorded that the radiator in the back bedroom was producing an adequate thermal output. The contractor told the landlord on 22 August 2023 that they could install a larger radiator to increase the thermal output. The landlord took no action, although it was not obliged to do so, as the contractor had reported the radiator was working.  
  11. On 22 August 2023 a surveyor inspected the property. Although this Service has not seen the surveyor’s report, the landlord recorded that they found holes by the property’s roof, caused by damaged tiles. The landlord’s repairs policy timescale for non-emergency repairs is 20 working days, although its policy says it may take up to 90 days for larger, more complex repairs. There is no evidence the landlord raised an order for repairs to be carried out at that time.
  12. The resident emailed the landlord several times between 19 September and 4 October 2023. She said she had been told by an operative that holes around the roof could have accounted for the moisture in the walls. The landlord has no record of the conversation between the resident and its staff member. The resident asked what the landlord was doing to address the matter. She asked if the cold bedroom walls could be insulated. She also said that her daughter had to visit the hospital several times due to experiencing breathing difficulties. The landlord did not respond.
  13. The resident’s MP asked the landlord for an update on 20 October 2023. It did not respond.
  14. On 8 November 2023 the resident spoke to the landlord. She made a further complaint about the lack of insulation at the property, and it not repairing the holes around the roof. She also asked if the walls could be thermo-boarded to provide insulation. The landlord acknowledged the complaint the same day.
  15. The landlord sent a stage 1 complaint response to the resident on 20 November 2023. It confirmed the surveyor found holes by the roof and said repairs to them would alleviate any issues that were caused. It did not say what those issues were, or when the holes would be repaired. It also said that thermo-boarding walls was categorised as an enhancement to the property, not a repair and it would not be installing it as such.
  16. The resident replied on 21 November 2023. She said the landlord had issued a press release on 22 March 2023 saying that it would complete a major works investment for its properties for energy efficient measures, including cavity wall insulation, external wall insulation and triple glazing between April 2023 and March 2025. She asked why those works were not being done on her property. The landlord and the resident exchanged further emails in December 2023, but it did not reply to her questions about it insulating her property.
  17. The landlord told the resident on 20 December 2023 that it was arranging to erect scaffolding so it could carry out repairs to the roof.
  18. On 11 January 2024 the landlord wrote to the resident’s MP. It said that the mould issues at the property were caused by condensation and humidity, and no repair issues had been found. It added that even though the resident had followed its advice on mould prevention measures, it had still found mould when it inspected the property. The landlord did not arrange to take any further action to seek to address the mould issue.
  19. The landlord’s records say roof repairs were completed on 27 February 2024. Although it is reasonable to allow leeway in the timescales to arrange scaffolding and specialist contractors, it was six months after the issue was raised by the surveyor, and far outside of its repair timescale until the issue was fixed. 
  20. The landlord sent a further stage 1 complaint response to the resident on 6 March 2024. It said that the repairs to the roof had been completed.
  21. The landlord installed new windows at the property on 30 October 2024, and a new rear door on 30 December 2024, as it attempted to make the property more energy efficient. On 24 January 2025 the landlord raised a work order to install a larger radiator in the back bedroom, as mentioned by its contractor on 22 August 2023.
  22. In summary, the landlord’s contractor attended the property on 3 occasions to check for damp and mould between June 2021 and January 2023. The contractor said the cause of mould in the bathroom was condensation in June 2022, but the problem continued. The resident complained about the mould and the property being cold in December 2022. The landlord offered £80 compensation in February 2023 for delays in taking action, and said the property was on a waiting list for cavity wall insulation. It was reasonable that the landlord explained why it could not install additional insulation at that time, but it was unreasonable that it failed to offer any additional support or to check why the property was cold until it considered the resident’s escalated complaint, several months later.
  23. The landlord offered a further £120 compensation in its stage 2 complaint response in August 2023 for the distress and inconvenience the resident had suffered. The landlord arranged for exploratory work, which found issues with the property’s roof, which could have contributed as the cause of the issues the resident had raised. The repairs to the roof were not completed for six months, which was far outside of the landlord’s repairs policy and was an unreasonable delay. During that period the resident continued to complain to the landlord, and she said issues affected her family’s health. The landlord failed to address that matter, but it later told the resident’s MP that she had acted on its advice on mould prevention measures, but mould had still returned. The landlord took no further action to seek to address the mould issue after that, but it did seek to address the temperature at the property by fixing the roof, installing new windows and a door, and arranging to install a larger radiator.
  24. The landlord’s overall compensation offer of £200 was not reflective of the delays and inconvenience the resident experienced since making her complaint. The landlord failed arrange to inspect the property for several months, and after that there were delays with completing the roof repair. Its repairs to address the resident’s concerns about the mould in her bathroom were delayed. These failures, in addition to the landlord’s failure to provide appropriate support to the resident, and the lack of appropriate redress for the long delays she experienced, leads to a determination of maladministration.
  25. An order for increased compensation has been made below.

Complaint handling

  1. The landlord operates a 2 stage complaints process. Its complaint policy states it will acknowledge complaints by the end of the next working day it is raised. It should respond to stage 1 complaints within 10 working days. It should acknowledge stage 2 complaints within 5 working days of the escalation and respond to them within 20 working days.
  2. The resident made a complaint to the landlord on 14 December 2022. The landlord acknowledged the complaint the same day.
  3. The landlord sent its stage 1 complaint response to the resident on 27 January 2023. This was outside of its 10-working day policy timescale. The landlord did not acknowledge that delay. The response said that it would reply to the complaint when it had further information, but the landlord did not offer a timescale for the extension.
  4. Paragraph 5.2 of the Ombudsman’s Complaint Handling Code 2022 (the Code) states that if an extension beyond 20 working days of the complaint being made is required to enable the landlord to respond to the complaint fully, this should be agreed by both parties.
  5. On 17 February 2023 the landlord sent a further stage 1 complaint response to the resident. Again, it did not address the delays in responding to her complaint.
  6. The resident escalated her complaint on 17 February 2023. The landlord acknowledged it the same day. It told the resident that it may take more than its standard 20 working days to reply due to backlogs.
  7. The landlord sent its stage 2 complaint response to the resident on 17 August 2023. It apologised for the delays in replying to her. The landlord offered £180 compensation for its poor complaint handling and the delays in responding to her complaint. That was in line with its compensation policy.
  8. The resident escalated her complaint to the Ombudsman on 2 November 2023 as she remained unhappy.
  9. The resident continued to correspond with the landlord about her complaints. She complained again about the insulation at the property on 8 November 2023. The landlord acknowledged it the same day. It is unclear why, having previously issued its stage 2 complaint response, the landlord began another complaint process about the same issue.
  10. The landlord sent a stage 1 complaint response to the resident on 20 November 2023. It did not acknowledge that it had not replied within its 10-working day timescale, which was inappropriate.
  11. The resident escalated her complaint on 21 November 2023. The landlord did not acknowledge the complaint until 5 December 2023, which was outside of its policy timescale.
  12. The landlord sent another stage 1 complaint response to the resident on 6 March 2024. It did not recognise that it had already provided a stage 1 complaint response in November 2023, nor did it acknowledge the delay in replying to her complaint. The landlord’s failure to follow its complaint handling policy was inappropriate.
  13. In summary, the evidence shows the landlord failed to act in accordance with the Code and its complaints policy a various stages, which was often subject to delay. The compensation awarded for the landlord’s complaint handling failures does not appropriately reflect the inconvenience, time, trouble and distress cause to the resident in what was a prolonged and confusing complaint handling response. These failures lead to a determination of maladministration in the landlord’s complaint handling. An order for increased compensation has been made below.

Determination

  1. 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 and the property being cold.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its complaint handling.

Orders

  1. Within 4 weeks of the date of this report, the landlord must:

a.        Apologise to the resident for the failings identified in this report.

b.        Pay £850 compensation directly to the resident. The landlord may deduct from the sum of £300 awarded as part of its internal complaints procedure, if already paid. The balance outstanding must be paid directly to the resident and not offset against a rent or service charge account.

  1. £600 for the landlord’s handling of the resident’s reports of damp and mould and the property being cold.
  2. £250 in recognition of the complaint handling failures and the time, trouble and inconvenience caused to the resident.