London & Quadrant Housing Trust (L&Q) (202223776)

REPORT

COMPLAINT 202223776

London & Quadrant Housing Trust (L&Q)

29 November 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 resident’s complaint is about the landlord’s handling of her reports of damp and mould and water leaks through bedroom windows.
2. The Ombudsman has also considered the landlord’s:
   1. Record keeping.
   2. Associated complaint handling.

Background

3. The resident is an assured tenant of the landlord and lives in a house with her partner and 3 children.
4. The resident raised a complaint on 2 January 2023 about the landlord’s handling of various repairs in the property including dangerous floorboards, damp and mould and leaking windows.
5. The landlord issued its stage 1 complaint response on 4 January 2023. The landlord upheld the complaint and said that works orders had been raised for contractors to attend regarding the damp and mould and a broken fan in the loft. It said that it would undertake internal discussions regarding the floorboards and provide an update to the resident in a further 10 working days.
6. The resident contacted the Ombudsman on 9 January 2023 and stated that the landlord did not want to fix the mould, condensation and window issues. Following contact from the Ombudsman, the landlord escalated the complaint to stage 2.
7. The landlord issued its stage 2 complaint response on 2 February 2023. It stated that various jobs had been raised in 2022, including repairs to the bathroom extractor fan and floorboards, which had been recorded as completed. The landlord said that the resident’s legal representative had advised that she was pursuing a disrepair case, and so the matter would be managed by its legal disrepair team.
8. On 20 June 2023, the landlord wrote to the resident’s solicitor and made an offer in settlement of the resident’s claims for damages of £1,500. It also said it would complete the works set out in a report dated 4 May 2023. The landlord informed the Ombudsman that legal proceedings were not issued and the offer made was in accordance with part 36 of the Civil Procedure Rules. The resident accepted this, and the sum was awarded to her on 29 June 2023. A post inspection of works was carried out on 26 June 2023.
9. On 3 December 2023, the resident raised a new complaint about the damp and mould and window issues and the landlord issued its stage 1 response on 5 December 2023. The landlord reiterated the 2 February 2023 stage 2 findings and said that the new complaint had been forwarded to the disrepair team to progress.
10. The resident raised her complaint with the Ombudsman on 27 January 2024 and said that her daughters’ room was most affected by the damp and mould and that she wanted a vent to be installed in the room and for the house to be ventilated. The resident said that a contractor that had cleaned the mould told her that there must be an underlying cause due to the mould returning. She raised concerns about the health of her and her family. The Ombudsman contacted the landlord on 5 February 2024 and asked it to provide a formal response to the complaint. The landlord did not issue a stage 2 response.
11. On 18 November 2024, the resident told the Ombudsman that a mould specialist had attended approximately 3 times to complete mould washes, but the mould always returns. She said that surveyors had identified that a vent should be installed in her daughters’ bedroom and that repairs were required to the roof at the front of the property. The resident also stated that there was a leak in her loft. On 28 November 2024, the resident reported that the landlord’s contractors had carried out a further mould wash that day, and advised her that all windows needed replacing due to the amount of condensation. To resolve her complaint, the resident said that the landlord should:
    1. Install a heat recovery system.
    2. Replace the glass and seals on all windows.
    3. Install vents in all bedrooms.
    4. Inspect the roof at the back of the house due to mould in the bathroom which could be caused by a roofing issue.
    5. Fix the roofing issues already identified at the front of the property.
    6. Employ contractors to resolve the mould and condensation.

Assessment and findings

Scope

12. The Ombudsman acknowledges the resident’s comments about the effect damp and mould had on her and her family’s health and wellbeing. It is generally accepted that damp and mould can have a negative impact on health. However, it is not possible for the Ombudsman to determine if there was a direct link between any action or inaction by the landlord and any specific damage to the health of the resident or her family members in this case. Matters of legal liability for damage to health may be better suited to a court or liability insurer to decide. The Ombudsman can consider any distress and inconvenience the resident experienced because of any errors by the landlord as well as the landlord’s response to the resident’s concerns about her health.
13. In accordance with paragraph 42(a) of the Housing Ombudsman Scheme, the Ombudsman may not consider complaints that are made prior to having exhausted a landlord’s complaint procedure, unless there has been a complaint handling failure. While it is noted that the landlord issued its stage 2 response in February 2023, it did not escalate the resident’s second complaint despite a request to do so, which indicates a complaint handling failure. This investigation has therefore considered both complaints made by the landlord, despite the second complaint not having exhausted the landlord’s complaint procedure.

The landlord’s handling of the resident’s reports of damp and mould and water leaks through bedroom windows.

14. The landlord’s repairs policy states that it will respond to routine day-to-day repairs in an average of 25 calendar days. The damp and mould policy provided to the Ombudsman by the landlord was implemented in May 2023 and so was not in place at the time the resident raised her first complaint. The policy states that following a report of damp and mould, an assessment of the property will take place within 20 working days to identify the underlying cause. It states that any remedial works will be recorded and raised within 10 working days of the assessment.
15. When the resident raised her complaint, she said that the landlord had fitted a vent in her ceiling years ago, but she believed that this had stopped working as mould was reappearing. While the complaint indicates that there were previous issues with damp and a vent was installed to address this, the landlord has provided no evidence to reflect that the resident had reported that damp and mould had reappeared prior to raising her complaint. It is unclear whether this is indicative of poor record keeping by the landlord, or whether the resident did not report the returning damp and mould until making her complaint. Within her complaint, the resident also reported that rain was leaking through the windows, and that the windows needed to be replaced. The resident said that the landlord told her that the windowsills would be repaired, but nothing was done. Again, no records have been provided to reflect prior inspections of the windows.
16. Following the complaint, the landlord raised works orders for a mould wash and for the fan in the attic to be inspected. In its stage 2 complaint response, the landlord stated its disrepair team would arrange for an independent surveyor to inspect her home, once the resident’s solicitors had confirmed whether they were agreeable to this.
17. The settlement offered by the landlord in June 2023 stated that repairs had been identified in a report dated 4 May 2023. This report has not been provided to the Ombudsman and it is unclear what repairs were identified. Therefore, it is not possible for the Ombudsman to determine whether the repairs detailed in the resident’s second complaint formed part of that agreement.
18. The landlord introduced its Healthy Homes programme in 2020 in partnership with a damp contractor to ensure that every case of damp and mould is properly investigated. The aim was to tackle the root cause of the problem and carry out any repairs needed to prevent damp and mould from reoccurring. A healthy homes survey was carried out on 17 June 2023 and the report identified that the property was suffering from seasonal condensation due to lack of heating and ventilation. The survey noted that the contractors carried out a mould wash of the affected areas, including around the windows in the property. It also said that the windows were in a satisfactory condition but that trickle vents were closed. However, it is noted that on 4 July 2023, the landlord raised a works order for repairs to the windows in the property which stated that all windows had condensation and wood frames were cracked and crumbling due to the damp and mould. It is therefore unclear whether the findings of the earlier inspection were correct regarding the condition of the windows.
19. On 26 July 2023, the landlord completed a post inspection of works which was signed by the resident. The document indicates that mould washes had been completed, a new extractor fan installed in the bathroom and the bathroom window replaced. The inspection therefore suggests that reasonable steps had been taken. The post-inspection also stated that the positive ventilation system (PVS) was not working and that this required further investigation. The landlord noted that there was some mould growth around the front bedroom window which it said was likely caused by poor balance of heating and ventilation, and should be resolved once the PVS was restored.
20. It is noted that a works order was raised in relation to the PVS on 20 July 2023 and the resident chased the landlord regarding the repair on 14 August 2023. The appointment took place on 13 October 2023, after 2 prior appointments were cancelled by the resident. The inspection report noted that the unit was operational, but that the PIV unit in the hallway was blocked with insulation which may have affected air movement in the property. It is unclear when works were undertaken to remove the insulation from the hallway unit. However, the resident informed the Ombudsman that the system is now in working order, but the mould and condensation issue is ongoing.
21. The landlord’s notes indicate that a second healthy homes survey took place in November 2023. It is unclear whether the resident had made further reports that prompted this survey. The landlord has not provided this to the Ombudsman and the outcome is therefore not known.
22. The resident raised a further complaint on 3 December 2023 about the landlord’s handling of the damp and mould and leaking windows. In its stage 1 response, the landlord said that the complaint had been sent to its disrepair team. A surveyor attended on 7 February 2024 which was 45 working days after the resident reported the issues with the damp and mould. This was not appropriate, as it was not consistent with the timeframes in the landlord’s repairs policy.
23. The landlord has not provided the surveyor’s report or any notes of this visit to the Ombudsman. On 12 February 2024, the resident notified the Ombudsman that surveyors had identified possible roof works and found that a bedroom vent should be installed. She stated that the surveyor also found that a further inspection of the windows should take place.
24. The repairs records reflect that a works order for an inspection of the roof was raised on 11 March 2023. The landlord noted that there appeared to be water ingress in the bedrooms which may have been due to a leak or a lack of ventilation in the loft space. It is unclear why there was a delay in raising this works order given that the surveyor had attended a month prior. It is noted that a scaffolding quote was issued to the landlord on 25 March 2024. On 7 May 2024, a further works order was raised for a surveyor to attend to check whether the roof was leaking or if the issue related to condensation. Again, no records of this visit have been provided.
25. The landlord noted on 20 June 2024 that there was a backlog for roofing repairs and that it would confirm with the resident when appointments had been scheduled for scaffolding and roof repairs. It is not known whether it communicated this delay to the resident. There is a lack of evidence to reflect regular communication with the resident to provide updates, and there appeared to be no further action by the landlord until September 2024 after the resident chased it about the outstanding roof repairs. On 13 September 2024, the landlord contacted its contractor about the scaffolding and in November 2024 the resident informed the Ombudsman that the roof repairs and vent installation remained outstanding.
26. It therefore appears that no actions had been taken to inspect or repair the roof since potential issues were identified by the surveyor on 7 February 2024. While it is acknowledged that there may have been some delays outside of the landlord’s control, the overall delay in addressing the possible cause of the damp and mould was unreasonable. The resident informed us that the landlord has recently undertaken a further mould wash in the property. While this is a reasonable course of action, landlords should also ensure they are taking proactive steps to resolve the root cause of any damp and mould issues.
27. Overall, it is evident that the landlord inspected the damp and mould, and some repairs were carried out during 2023. However, the issues with damp and mould and leaking windows have remained ongoing and there have been significant delays in the landlord taking action to remedy this, despite probable causes being identified. The failings identified by this investigation amount to maladministration by the landlord.
28. Where there are failings by a landlord, the Ombudsman’s role is to consider suitable remedies in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right, and learn from outcomes.
29. The resident has stated that she experienced distress and inconvenience due to the delays in completing the damp and mould repairs, which has led to her continued concerns about the health of her and her family. The resident has incurred time and trouble in reporting the issue to the landlord. The damp and mould issues remain ongoing, and this is likely to have caused significant frustration and distress to the resident.
30. The landlord offered the resident £1,500 which she accepted in June 2023 as settlement for the disrepair claim. The landlord has not outlined the failings it identified, nor has it provided a breakdown of how this figure was calculated. However, the resident and the landlord accepted that the offer made was a fair and reasonable resolution to the complaint at the time. The resident informed the Ombudsman that she did not receive the full amount offered. However, this was due to fees that the resident’s legal representative deducted from the figure and was therefore not the fault of the landlord.
31. Following the acceptance of the settlement offer, the resident reported new issues with damp and mould. There was an unreasonable delay in the landlord responding to those reports and carrying out the associated repairs. An order has been made below for the landlord to pay the resident an additional £600 in recognition of the ongoing delays. This amount is in line with the Ombudsman’s remedies guidance for when there have been failures which have adversely affected the resident.
32. The repairs remain ongoing and the resident has reported further concerns about the roof at the back of the property which she believes is causing mould in the bathroom. Given that the last survey was carried out approximately 9 months ago, a further order has been made below for the landlord to undertake a survey of the damp and mould and carry out any required repairs.

Record keeping

33. The landlord is responsible for maintaining a clear audit trail of events and providing evidence of this to the Ombudsman. As referred to above, the landlord has not provided clear records of the repairs. The absence of adequate records has therefore impacted the Ombudsman’s ability to carry out a thorough investigation. This amounts to a failing by the landlord to provide sufficient evidence. It is unclear whether records have been maintained and not provided, or whether the lack of evidence is indicative of a failure to keep clear records. A recommendation has been made below for the landlord to improve its record keeping.

Complaint handling

34. The Housing Ombudsman’s ‘Guidance on Pre-Action Protocol for Housing Condition Claims and service complaints’ states:
    1. Even when a landlord receives correspondence initiating the protocol, it is important that it does not disengage from either the complaints procedure or the repair issue itself.
    2. Commencing the protocol does not constitute legal proceedings and alternative dispute resolution (ADR) can be pursued at any stage of the protocol. The Ombudsman’s view is that a matter does not become ‘legal’ until proceedings have been ‘issued’.
    3. The issuing of proceedings involves filing details of the claim, such as the Claim Form and Particulars of Claim, at court.
    4. In the interests of effectively managing legal claims and promoting ADR, landlords should be clear with the resident on how it is handling correspondence; whether through the complaints procedure or the protocol, or both.
35. The landlord’s stage 2 complaint response of 2 February 2023 said that the complaint about the issues in the resident’s home would be managed directly by its legal disrepair team and that the complaint would be finalised. The landlord provided the same response within its stage 1 response to the new complaint issued on 5 December 2023. As such, the landlord did not provide a detailed response to the substantive issue in either complaint response and therefore failed to use the complaints process effectively to resolve the complaint.
36. The landlord’s complaints policy states that it will escalate complaints to stage 2 within 20 working days of the request to escalate. The Ombudsman wrote to the landlord on 5 February 2024 following contact from the resident and requested that it escalate the complaint to stage 2. However, the landlord did not escalate the complaint which it ought to have done.
37. The complaint handling failings identified amount to maladministration. The resident likely experienced distress and inconvenience as the landlord did not provide comprehensive responses to her complaint. An order has been made below for the landlord to pay £100 to the resident in recognition of these failings.

Determination

38. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration regarding the landlord’s handling of the resident’s reports of damp and mould and water leaks through bedroom windows.
39. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure regarding the landlord’s record keeping.
40. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration regarding the landlord’s handling of the complaint.

Orders and recommendations

Orders

41. Within 6 weeks, the landlord must pay the resident a total of £700, made up as follows:
    1. £600 for handling of repairs.
    2. £100 for complaint handling.
42. Within 6 weeks, the landlord must undertake a survey of the damp and mould and following this, compile a schedule of works that addresses the damp and mould, leaking windows, and roof repairs in the property. The landlord should consider the works requested by the resident (paragraph 11). If any of the requested repairs or actions will not be conducted, the landlord should write to the resident to explain its rationale for the decision. The schedule of works should include timeframes for the repairs which the landlord should then adhere to. It should also provide a copy of the schedule of works to both the resident and the Ombudsman.
43. The landlord should provide evidence of compliance with the orders to the Ombudsman within the timeframes stipulated.

Recommendations

44. It is recommended that the landlord review its handling of the repairs and identify any measures that can be implemented to ensure it acts in accordance with the timeframes stipulated in its damp and mould and repairs policies.
45. It is recommended that the landlord should conduct staff training on the importance of keeping clear and accessible records of repairs and property inspections.