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London & Quadrant Housing Trust (L&Q) (202214759)

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REPORT

COMPLAINT 202214759

London & Quadrant Housing Trust (L&Q)

28 June 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 handling of:
    1. Reports of damp and mould in the property.
    2. Repairs to external steps.
    3. Replacement of the kitchen units.

Background

  1. The resident has lived in the property as an assured tenant since 2012. The property is a 3-bedroom house.
  2. On 15 July 2021, the Ombudsman contacted the landlord as the resident said she had made complaints in 2020 about various repairs, including damp and mould, but had not received a response. Following contact from the Ombudsman, the landlord opened a new complaint and arranged a survey for 4 August 2021. This found suspected damp on the rear wall, which was either from an external source or a leak from the bath. It said the bath was chipped and required replacement, and so a further inspection could be done when the bath was replaced. The landlord agreed to replace the bath.
  3. While the landlord was dealing with the complaint in August 2021, the resident raised other repairs, including a fault with the external steps. The landlord said that although the steps were not part of the complaint it was investigating, it had discussed the steps with its repairs team and would arrange a repair. It said due to a shortage of staff it might take some time for the work to be done and it would contact her once an appointment was available.
  4. In its complaint response on 20 September 2021, the landlord said roofers had cleared pipes and gutters, and it had raised and order to replace the bath and carry out work in the bathroom to resolve damp and mould.
  5. On 5 November 2021, the resident asked the landlord for an update. The landlord responded and set out details of outstanding repairs, which included external steps and replacement of the bath. It said it was still waiting for an appointment to replace the bath, and an appointment had been made for 9 January 2022 to investigate work required on the steps.
  6. Eleven months later, on 7 October 2022, the resident contacted the Ombudsman and said she was unhappy with the landlord’s handling of damp and mould in the bathroom. She also complained about outstanding repairs to the external steps and the replacement of kitchen work tops and units. The Ombudsman contacted the landlord.
  7. The landlord logged this as a new complaint and in its complaint response on 27 October 2022, apologised for inconvenience and distress caused by the outstanding repairs. It said a contractor would call the resident to book an appointment to look at the damp and mould. On the external steps, it said following work it carried out on 1 June 2022, it had now arranged to complete the repairs. On the kitchen, it said it had carried out minor repairs to kitchen units in May 2021, but needed further information as there were no work orders in its system. It offered £200 compensation for inconvenience and delays.
  8. On 14 November 2022, the resident escalated her complaint as she was unhappy with progress on damp and mould in the bathroom, repairs to the external steps, and the replacement of kitchen worktop and cupboard doors.
  9. An inspection was carried out on 27 November 2022, which found that the kitchen units needed to be upgraded, and there were high moisture readings in the property, and mould in the bathroom. Because of this, the landlord arranged a leak and damp detection survey and for the gutters to be checked.
  10. In its final response on 9 December 2022, the landlord said it wanted to reassure the resident that it was exploring the cause of the damp and mould and had arranged a leak and damp detection survey. It said it would wait for the outcome of the survey before it decided whether to replace the bath. On the external steps, it said it had arranged to complete the repairs on 15 December 2022. The landlord said the property would receive a new kitchen during 2023/24. It offered a £20 good will payment as the resident said she had not received the stage 1 response.
  11. The resident escalated her complaint to the Ombudsman because she said the repairs had not been done. The resident told the Ombudsman in June 2024 that work on the bathroom and kitchen had been completed but work on the external steps remained outstanding.

Assessment and findings

Scope of investigation

  1. The Ombudsman has noted that the resident said there had been a problem with damp and mould since she moved into the property and had previously raised a complaint in 2020. The Ombudsman has not seen evidence of this complaint. Because of this, in investigating this complaint, the Ombudsman will look at the landlord’s actions from when the resident contacted the Ombudsman in July 2021. This is because the Ombudsman cannot investigate complaints brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.

The landlord’s handling of reports of damp and mould

  1. Under section 11 of the Landlord and Tenant Act (1985), the landlord is responsible for keeping in repair the structure and exterior of the property. This means the landlord has a general obligation to repair and maintain the property. This obligation is confirmed in the occupancy agreement and repairs policy. The landlord accepted that it was responsible for the repairs.
  2. The landlord’s repairs policy says it wants to provide residents with a reliable, modern, and effective repairs service that undertakes repairs to a good standard and in a reasonable timeframe. It says for routine day to day repairs, it aims to complete the repair in an average of 25 calendar days. The repairs policy also says residents should report repairs promptly and allow the landlord access to carry out the work.
  3. Following contact from the Ombudsman on 16 July 2021, the landlord contacted the resident about her reports of damp and mould. On 2 August 2021, the landlord told the resident it had raised a job to clear moss blockages from the gutters. It also arranged a survey, which took place on 2 August 2021. This found suspected damp on the rear wall from either an external source or a leak from the bath. The surveyor said the bath was chipped and required replacement, so a further inspection on the source of damp could be carried out during the bath replacement. The landlord agreed to raise a job to carry out the work recommended by the surveyor.
  4. In its complaint response on 20 September 2021, the landlord said roofers had attended on 16 August 2021 and cleared pipes and gutters. It also said it had raised an order to replace the bath and remove mould from the bathroom wall, and it would contact the resident when an appointment became available. The landlord offered £360 compensation for inconvenience, distress, failure to attend and lack of communication. The Ombudsman has found that this was a reasonable response at this time.
  5. However, on 5 November 2021, the resident contacted the landlord to say no work had been completed since its complaint response. The landlord said a date for work on the bathroom was still to be confirmed. The Ombudsman has noted that this was 3 months after the inspection took place, and there is no evidence that the landlord kept the resident informed about the repairs. Because of this, the Ombudsman has found there was a failure, as the landlord had not met the obligation in its repairs policy to carry out effective repairs in a reasonable timeframe.
  6. The resident contacted the Ombudsman on 7 October 2022, over a year after the landlord’s final response. She said she had made a formal complaint “a few months ago”, the landlord was only doing temporary fixes, and there was still a problem with damp and mould. The Ombudsman has not seen a copy of the complaint but contacted the landlord to ask it to respond to the resident.
  7. It is unclear from the records provided whether the resident had made a new complaint or requested an escalation between September 2021 and October 2022. Because of this the Ombudsman cannot comment on whether the landlord failed to respond to the resident during this time. The Ombudsman has noted that after he contacted the landlord to ask it to respond to the resident, it dealt with the issue as a new complaint. The Ombudsman has found that without evidence of an escalation request, this was reasonable as more than 12 months had passed since the previous complaint response was sent to the resident in September 2021.
  8. In its complaint response on 27 October 2022, the landlord said the reports of damp and mould had now been raised with its specialist contractors, who would call the resident to book an appointment. It said once the initial visit had been carried out, follow on works would be raised. The Ombudsman has found that this would have been a reasonable response to an initial complaint. However, the landlord had previously dealt with a complaint on the same issue, carried out surveys in 2021, and said in its complaint response on 20 September 2021 that it had raised an order to replace the bath and remove mould from the bathroom wall. Although it was reasonable for the landlord to check for any new causes of damp and mould, it had already identified that the bath required replacing, and should have arranged this as part of its complaint response.
  9. The landlord then carried out surveys, which found high moisture readings in the living room and kitchen, mould in the bathroom, water escaping from a waste pipe in the kitchen, and a crack in an external wall. It also arranged for roofers to check and clear gutters.
  10. In its final complaint response on 9 December 2022, the landlord acknowledged  that the resident felt that when mould was removed, it just came back, and she wanted a new bath. However, it said it needed advice on the underlying cause. It said until it had this information, it was unable to confirm whether a new bath would be approved. As already stated above, the Ombudsman has found that this was not a reasonable position for the landlord to take.
  11. By the time the landlord sent its final response on 9 December 2022, over 14 months had passed since the landlord said it would replace the bath. The resident told the Ombudsman in June 2024 that various works to resolve damp and mould, including a full replacement of the bathroom, was completed in March 2024. This was 2 and a half years after the original agreement to replace the bath. The Ombudsman accepts that the replacement of the bathroom is more substantial work, and this would need to be included in the landlord’s programme of work. However, this was a considerable period of additional time when the resident was living with damp and mould in her home.
  12. In mitigation, the Ombudsman has noted that the landlord’s record show contractors had some difficulties accessing the property, which meant appointments to identify the cause of damp had to be cancelled.
  13. However, records show the landlord was aware of the reports of damp and mould from 2020 and had said it would replace the bath in September 2021.  The landlord was also aware that the resident was living with damp and mould in her bathroom, which caused her distress and inconvenience, and had a detrimental effect on the enjoyment of her home. The Ombudsman has found that the failure to complete works promised in September 2021, and in line with its repairs policy was maladministration by the landlord. In line with the Ombudsman’s remedies guidance, maladministration is identified in cases where the Ombudsman has found a significant failure. Because of this, the landlord is ordered to compensate the resident £300 for the failure to follow its repairs policy.
  14. In addition, because the resident was affected by damp and mould in her property, which affected the enjoyment of her home, the Ombudsman has determined the resident should be additionally compensated based on 5% of her rent between when the landlord said the bath would be replaced on 20 September 2021 and 30 March 2024, when work to replace the bathroom was completed.
  15. Records provided by the landlord show weekly rent was £139.80 from 20 September 2021 to 31 March 2022, £145.53 from 1 April 2022 to 31 March 2023, and £155.72 from 1 April 2023 to 31 March 2024. Compensation should be paid as follows:
    1. 27 weeks at 5% of £139.80 = £188.73.
    2. 52 weeks at 5% of £145.53 = £378.38.
    3. 52 weeks at 5% of £155.72 = £404.87.
    4. Total = £971.98.

The landlord’s handling of repairs to external steps

  1. The Ombudsman has noted the first reference to repairs to the external steps was on 26 August 2021, when the landlord was dealing with the resident’s complaint about repairs to a fence. The resident told the landlord she had previously reported a crack between the pavement and the steps. The Ombudsman has not seen evidence of this report. The landlord told the resident that although the external steps were not part of the complaint it was investigating, it would arrange to repair the steps. It said that as there was a shortage of staff, it might take longer to get an appointment than usual, and it would contact her once an appointment was available.
  2. The Ombudsman has noted that a repair was not carried out until 1 June 2022, which was 10 months after the fault was reported. This was a failure by the landlord to meet its repair obligations.
  3. On 7 October 2022, the resident told the Ombudsman that the landlord had not completed the work. In its final response on 15 November 2022, the landlord said it had arranged an appointment to complete work on 15 December 2022.
  4. In June 2024, the resident told the Ombudsman that contractors arrived to do the repairs on 15 December 2022, but told her it was too cold to do the work required. She said the work had still not been completed. It is unclear from the records provided whether the resident contacted the landlord about the outstanding repair or whether the landlord tried to rearrange the appointment.
  5. The Ombudsman has found that the landlord failed to meet its repairs obligations when the fault with the steps was first reported in August 2021, as it took 10 months to start the repairs. An appointment was then made to complete the work 6 months later, which was an unreasonable delay. However, this appears to have been a failed appointment and the repairs remain outstanding. The Ombudsman has not seen any evidence that the external steps were in a dangerous condition, which meant the detriment to the resident of the delayed repairs was minor. Because of this, the Ombudsman has found there was a service failure by the landlord. In line with the Ombudsman’s remedies guidance, service failure is identified where the Ombudsman has found a minor failure. Because of this, the landlord is ordered to compensate the resident with £100 for the failure to complete repairs to the external steps in a reasonable time. The Ombudsman has also ordered the landlord to contact the resident to confirm whether repairs to the steps have been completed and, if not, arrange to carry out any repairs required.

The landlord’s handling of the replacement of the kitchen units

  1. The Ombudsman has noted the first reference to kitchen units was on 7 October 2022, when the resident contacted the Ombudsman about her damp and mould complaint. The resident said she had made a formal complaint to the landlord about the replacement of her kitchen worktops and units. The Ombudsman has not seen a record of this complaint.
  2. In its complaint acknowledgement on 11 October 2022, the landlord said it needed further information from the resident about the kitchen replacement, as it had no notes to suggest a kitchen replacement had been approved. It said it had raised an order on 14 May 2021 and completed work on the 19 May 2021 to repair unit doors and hinges. In its complaint response on 27 October 2022, it said it would arrange an inspection of the kitchen. The Ombudsman has found that this was a reasonable response in the circumstances.
  3. An inspection took place which found the kitchen units needed to be upgraded due to the condition. In its final response on 9 December 2022, the landlord told the resident that based on the surveyor’s findings, her property had been put forward to have a new kitchen. It said this would be done as part of the 2023/24 programme of works, but it was not able to give her a date. The resident remained unhappy with the time she would have to wait for a new kitchen.
  4. The Ombudsman has found that the landlord acted reasonably when the resident raised a complaint about her kitchen in October 2022. There is evidence that the landlord had previously attempted repairs in May 2021, which was reasonable. Based on the records provided, there is no evidence that the landlord agreed to replace the kitchen until 9 December 2022. In June 2024, the resident told the Ombudsman that the kitchen had been replaced in March 2024.
  5. When the resident complained in October 2022, the landlord acted quickly and arranged a survey. It accepted the survey findings and put her property forward to have a new kitchen fitted during the following financial year. There was a 15-month period until the kitchen was fitted, which was reasonable as it was major works and the landlord had to manage its budget for work of this type. Because of this, the Ombudsman has found there was no maladministration in the way the landlord handled the replacement of the kitchen units.

 

 

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
    1. Maladministration by the landlord in respect of its handling of reports of damp and mould in the property.
    2. Service failure by the landlord in respect of its handling of repairs to the external steps.
    3. No maladministration by the landlord in respect of its handling of the replacement of the kitchen units.

Orders

  1. The landlord is ordered to apologise to the resident for the failures identified in this report.
  2. The landlord is ordered to pay the resident a total of £1,371.98 in compensation within 4 weeks of the date of this report. This is inclusive of the £220 previously offered at stage 1 and 2 of the complaints process. Compensation should be paid directly to the resident, and not offset against any arrears. The compensation comprises:
    1. £300 in recognition of the landlord’s failure to follow its repairs policy when handling reports of damp and mould, inclusive of the £220 previously offered.
    2. £971.98 for the loss of enjoyment of the home between September 2021 and March 2024.
    3. £100 for delays in repairing the external steps.
  3. The landlord is ordered to contact the resident to confirm whether repairs to the external steps have been completed and, if not, arrange to carry out any repairs required.
  4. The landlord is ordered to provide evidence of compliance with the above orders within 4 weeks of the date of this report.