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London & Quadrant Housing Trust (L&Q) (202314421)

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REPORT

COMPLAINT 202314421

London & Quadrant Housing Trust (L&Q)

12 June 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:
    1. Repairs and maintenance at the resident’s property.
    2. The associated complaint.

Background

  1. The resident has a secure tenancy of a 2-bedroom flat with 2 floors which started in April 2004. From October 2022 the landlord was aware the resident had a “serious illness”. The resident told the landlord in October 2023 she experienced respiratory conditions and was immunocompromised.
  2. On 18 October 2022 the resident complained to the landlord about the windows, loft insulation and access, and redecoration at the property. On 30 October 2022 the resident complained about the landlord’s response to her reports of mould. She referred to an unspecified ventilation and lights ‘issue’ in November 2022. By May 2023 the resident complained the landlord had not responded to her and disclosed her front door had gaps and she asked about ‘drainage’.
  3. After the resident raised 2 more complaints on 4 and 11 June 2023 the landlord provided its first stage 1 response on 21 June 2023 and said:
    1. it agreed to renew the windows after it visited on 5 April 2022 but was waiting to hear from the council with their approval of its planning application to replace them.
    2. it agreed to contact the resident once the council accepted its application.
  4. The resident escalated the complaint on 28 June 2023. The landlord provided another stage 1 response on 22 November 2023 and said:
    1. it upheld the complaint and passed the window replacement onto its planned maintenance team.
    2. the resident should report any window repairs in the meantime.
    3. it would not be able to replace any loft insulation unless damaged by a leak but offered to put the resident on a waiting list for loft insulation.
    4. it completed a job to do a mould wash and treatment on 11 July 2023 and to clean the gutter and repair roof slates on 21 September 2023.
  5. After this Service contacted the landlord on 5 December 2023 the landlord provided its stage 2 response on 8 December 2023 and said:
    1. it reiterated what it said at stage 1 about the windows, guttering, and mould, but mentioned it first dealt with mould in November 2022.
    2. there was 1 outstanding job to fill in gaps around windows with silicone booked for 12 December 2023.
    3. it had added the resident to a waiting list for insulation as part of its major works investment programme. It was unable to say when it would install insulation but had escalated this to its special project manager.
    4. it accepted its communication could have been better and it had raised issues with senior managers and agreed to train staff to improve this.
    5. it offered the resident £310 including £200 for distress and inconvenience, £80 for the delay in the window repair, and £30 for the delay in the guttering repair.
  6. The resident told this Service that she still has mould by her bedroom windows and the window replacement and redecoration is outstanding, but the landlord had repaired the front door. The resident has said she wants the landlord to replace the windows in her property and resolve the issues with loft insulation and access, in addition to redecoration. The landlord confirmed it has paid the resident the £310 it offered in its stage 2 response.
  7. In May 2025 the landlord confirmed to this Service that it had not placed the resident on the “programmed works” for replacement windows. It has now referred this to a specialist team and said it will complete this in 2025 to 2026. It also stated it can complete the internal decorations. The landlord offered the resident additional compensation on 12 May 2025 of £750. This included an offer of £150 related to a “delay in repair” and £600 for distress and inconvenience relating to the windows and redecoration. The landlord has therefore paid the resident £310 and offered an additional £750.

Assessment and findings

The scope of the investigation

  1. The Ombudsman may not look at complaints that have not exhausted the landlord’s complaint process. This is because we expect landlords to have the opportunity to address these before a resident refers their complaint to us. The resident did not pursue the unspecified issues regarding lights, ventilation, and drainage and these did not exhaust the landlord’s complaint procedure. Therefore, these complaints are not within the scope of this investigation. We have also not considered the complaint the resident made in June 2023 about cracks for the same reason. In contrast we note that the resident consistently raised and pursued complaints about redecoration, loft access and gaps in the front door. While we have not assessed these issues substantively as they did not exhaust the complaint process, we have considered them in the context of the landlord’s complaint handling.
  2. This investigation has considered the landlord’s handling of repairs and maintenance relating to windows, guttering, and loft insulation and related mould. While the resident said she experienced issues with windows and mould for 18 years we note that she did not make a formal complaint about this until October 2022. The Ombudsman expects residents to raise formal complaints within a reasonable period which would normally be within 12 months of matters arising. This is so landlords have a reasonable opportunity to consider issues while the evidence is available to reach an informed conclusion. In view of the time periods involved in this case this investigation has assessed the landlord’s handling of the complaint about windows and mould from when the resident formally complained until its final response on 8 December 2023. This is because the availability and reliability of evidence would make it difficult to fairly investigate the landlord’s handling of this before then.
  3. Throughout the complaint and in communication with this Service, the resident said the situation had a detrimental effect on her health and well-being. The resident reported a deterioration in her respiratory health and said she developed rheumatoid and dermatological conditions. She specifically stated she had to spend more time indoors and this restricted her ability to sleep, exercise and work. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an injury, oral testimony can be examined in court. While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced because of any service failure by the landlord.

Windows, guttering, loft insulation and mould

  1. The Ombudsman’s spotlight report on complaints about repairs, published in March 2019, outlines that landlords should agree actions and timescales for responding in line with policies and obligations, and confirm these in writing. They should also inform the resident of any delays and explain why these are necessary. It also recommends that landlords should “where complex or extensive work is required, acknowledge that there are outstanding repairs. Explain what action will be taken and provide timescales, even if these are provisional.” While this spotlight report centred on responsive repairs the principles apply equally to planned work. The landlord’s repair policy stated it aimed to deal with routine repairs within 25 calendar days.
  2. The landlord was responsible for keeping in repair and working order windows and guttering. This was under the resident’s tenancy conditions and Landlord and Tenant Act 1985, s.11. The resident complained on 18 October 2022 that her windows did not close, resulting in cold and condensation. The landlord said it agreed to renew the resident’s windows after a visit on 5 April 2022. We have seen no further details of the outcome of this visit, and it is also not clear when the resident reported the faulty windows. Therefore, we cannot verify the landlord inspected the property within a reasonable time or assess the reasonableness of its response. The landlord told the resident on 25 October 2022 the window replacement would take time. The Ombudsman acknowledges that major projects involving window replacements can take time and are not subject to the timescales in the repair policy for routine repairs.
  3. In these circumstances the Ombudsman expects landlords to consider if there are any repairs that it can do pending the major or planned works. It is reasonable for a landlord to keep residents regularly updated on window replacement works. This includes providing residents with timescales, even if provisional, in line with the expectations in the Ombudsman spotlight report on repairs. It was therefore appropriate that it updated the resident on 21 June 2023 and on 22 November 2023.
  4. The landlord said it needed to obtain the permission of the council for the replacement windows through a planning application. It also said that it had passed the work onto its planned work or maintenance team. While this explanation was reasonable the landlord did not explain how it would keep the resident updated, neither did it promptly consider if the windows needed repairing pending the outcome of the planning application.
  5. While the landlord said it raised a job for the bathroom window on 18 July 2023 it is unclear if this went ahead or what work it completed. Additionally, the landlord did not assess whether it could repair the windows until 8 August 2023 and 29 September 2023 when it sent its surveyor and contractor. The landlord’s contractor noted on 29 September 2023 that it had “secured the windows by applying silicone around the frames”. However, this was 151 calendar days after the resident complained the windows were unsafe (1 May 2023). While the landlord told the resident it needed planning permission from the local authority to replace the windows it did not apply for this during the complaint process. Nor did it update her on the progress of its intended application. The failure to communicate effectively and manage the resident’s expectations likely caused the resident significant distress and inconvenience.
  6. Despite the contractor stating on 29 September 2023 that no further repairs were possible the landlord proceeded to complete a further window repair on 12 December 2023. The resident told this Service that the repair the landlord completed was ineffective and the landlord has not evidenced the lasting nature of its repair. The image within the repair report from December 2023 shows the window repair involved tape which is a temporary measure which would not amount to an effective or lasting repair.
  7. The resident first reported an issue with her gutters on 8 November 2022 and said they needed inspecting and cleaning. It was not until 20 June 2023 that the landlord told the resident it would arrange this. The landlord said it needed scaffolding and completed a job to unblock the gutters on 21 September 2023. This was 317 calendar days after the resident reported the gutters needed clearing which was unreasonable and not in line with its repair policy response times.
  8. The resident complained to the landlord on 18 October 2022 that it had not checked the insulation in her loft. She also complained of high energy bills. The landlord told the resident on 22 November 2023 that it could put her on a waiting list for insulation. It was reasonable for the landlord to place the resident on a waiting list for upgraded loft insulation.  
  9. We note the landlord told the resident on 22 November 2023 that it could raise a repair for any insulation damaged by the leak. On 4 November 2022 it told the resident that only its operatives could inspect the loft. However, the landlord did not inspect the loft insulation for damage, which was unreasonable when it was aware that only it could.
  10. It is apparent that the resident reported mould affecting her property to the landlord on 30 October 2022. Although the landlord said it attended the property in November 2022 to deal with mould the records do not allow us to verify this. The resident reported “mouldy” windows on 1 May 2023. The landlord’s damp and mould policy required it to inspect the property for mould within 20 working days and raise any jobs within 10 working days of the inspection. As the landlord was aware that the resident had faulty windows and guttering it would have been reasonable for any inspection to assess whether these were the underlying cause of the mould. We cannot be satisfied the landlord complied with its damp and mould policy in relation to the reports of mould in October 2022 and May 2023. This is because the landlord has not provided reports to show the outcome of these or any assessment of the causes of the mould.
  11. The landlord’s complaint response of 22 November 2023 tied the possible cause of the mould to the faulty guttering. However, it is unclear on what basis as the landlord repaired this 2 months earlier. The landlord agreed to inspect the property on 11 July 2023 when it completed the mould treatment. However, as the landlord said it raised this inspection on 16 March 2023 it did not complete this within the 20 working days stated in its damp and mould policy.
  12. In mitigation we note the resident acknowledged that on 11 June 2023, 26 November 2023, and 15 December 2023 the landlord sent operatives to deal with the damp and mould. We also note the landlord completed guttering and window repairs as outlined above. However, it is clear the resident felt the landlord’s approach to dealing with mould was ineffective and the landlord has not evidenced the window repair was effective. In the absence of any reports to show it had assessed the cause of the mould and had a plan for dealing with it we cannot be satisfied it acted reasonably. We note that the resident has told us she still has mould in her property.

Summary

  1. While it was reasonable to update the resident on the window replacement in June and November 2023 the landlord failed to explain how it would monitor this or promptly consider window repairs. It also failed to show it completed a lasting window repair. It did not communicate effectively or manage the resident’s expectations. Neither did it complete the repairs to the resident’s gutters in line with its repair policy and it failed to show it acted reasonably in responding to the resident’s concerns about loft insulation or mould. This is because it did not inspect the loft insulation to see if any insulation needed repairing or show it dealt with the cause of the mould. These failures meant the resident likely experienced significant distress and inconvenience, she said that she felt ignored and vulnerable because of her health conditions.
  2. When there are failings by a landlord, as is the case here, the Ombudsman will consider whether the redress offered by the landlord puts things right and resolved the resident’s complaint satisfactorily in the circumstances. When considering this the Ombudsman must have regard to whether the landlord’s offer of redress was in line with our dispute resolution principles; be fair, put things right and learn from outcomes.
  3. We note the landlord told the resident in its stage 2 response she could contact its insurer if she felt the landlord’s actions had affected her health. This was in line with its compensation policy. It also offered the resident compensation and said it briefed senior managers about the complaint and trained staff. These showed the landlord took some action to put things right and learn from the complaint.
  4. The landlord offered the resident £200 for distress and inconvenience and a further £110 for the delays in dealing with the guttering and windows during the complaint process. We also note the landlord offered an additional £150 for unspecified delays on 12 May 2025 and a further £600 for distress and inconvenience, relating to the windows and redecoration. In total the landlord has paid or awarded £800 for distress and inconvenience and another £260 for delays (£1,060 in total). This amount is in line with our remedies guidance which allows for a payment of this sum where a landlord’s failures adversely and significantly affected a resident. Therefore, the compensation paid was proportionate to the likely impact of the failings. However, the landlord has still not put things right. It failed to show it completed an effective and lasting window repair or acted reasonably to inspect the loft insulation or deal with the cause of the mould. As the resident has said she still experiences issues with her windows and mould we have found maladministration.
  5. The Ombudsman published a report in July 2023 about the landlord following a special wider investigation. We found multiple systemic failures that were impacting its residents. These included that the landlord was failing to take effective ownership and management of repairs leading to delays and poorly communicating with residents. The Ombudsman required the landlord to make changes including improvements to its handling of repairs, complaints and how it keeps records. The failings identified by this complaint largely mirror those identified by the special investigation that are part of the ongoing improvement work ordered. As such, and in view of the age of this complaint, we have therefore not made any similar orders.

The landlord’s complaint handling

  1. The landlord had a 2 staged complaint process. It had to respond to complaints at stage 1 within 10 working days and complaints at stage 2 within 20 working days. While the resident complained on 18 October 2022 the landlord did not provide its stage 1 response until 21 June 2023. It took the landlord 169 working days to provide this which was not in line with its complaint policy. The resident escalated the complaint on 28 June 2023, but the landlord failed to respond to this until 22 November 2023. This was 104 working days after the escalation, against a target of 20 working days. The landlord provided another stage 1 response which was unreasonable as this was not in line with its complaint policy. In fact, the landlord failed to provide a stage 2 response until 8 December 2023 and only after this Service made contact. This was not in line with paragraph 5.9 of the Ombudsman’s Complaint Handling Code (“the Code”), 2022 version.
  2. Paragraph 5.6 of the Code (2022 version) also required landlords to address all points raised in the complaint. We note that the resident complained on 18 October 2022 about outstanding redecoration and loft access stating it was “dangerous”. She added a complaint about gaps to the front door on 1 May 2023. The landlord did not address these issues in its complaint responses which was inappropriate as this was not in line with the Code. The landlord’s delays in dealing with the complaint and its failure to address all aspects of the complaint caused the resident significant frustration, distress, and inconvenience.
  3. As the resident said the landlord repaired the front door, we have not made an order relating to this. However, we have ordered the landlord to look at the redecoration and loft access aspects of the resident’s complaint.
  4. The landlord failed to adequately address the compensation required to resolve the complaint satisfactorily and only did so 17 months after the complaint exhausted the complaint process.
  5. We have therefore made an award of £200 to reflect the distress and inconvenience likely caused to the resident by the landlord’s complaint handling failings. This is in line with our remedies guidance where there are failures which significantly impacted the resident, but which had no permanent effect.

Determination

  1. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s handling of repairs and maintenance at the resident’s property.
  2. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s complaint handling.

Orders

  1. Within 28 days of the date of this determination the landlord must:
    1. inspect the resident’s windows to assess whether any temporary repairs are necessary and share with the resident and this Service its findings. If repairs are recommended it must agree a date with the resident to do these.
    2. inspect the resident’s loft insulation and access to see if there are any repairs required for which it is responsible, and if so it must agree a date with the resident to repair this.
    3. inspect the resident’s property for damp and mould. If there is damp and mould within 2 weeks of the inspection arrange for an investigation into the cause.
    4. write to the resident to explain when it will likely start and complete the outstanding internal redecoration.
    5. provide the resident and this Service with details of how it will keep the resident updated on any window replacement and insulation works.
    6. pay the resident directly compensation of £950 (this sum includes the £750 already offered on 12 May 2025 if not already paid and an additional £200 for the distress and inconvenience likely caused by its complaint handling).
  2. The landlord must provide the Ombudsman with evidence of compliance with the above orders within 28 days of the date of this determination.