London & Quadrant Housing Trust (L&Q) (202314930)

REPORT

COMPLAINT 202314930

London & Quadrant Housing Trust (L&Q)

19 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

The complaint is about the landlord’s handling of reports of:
1. damp and mould following the completion of repairs.
2. an overflowing rain pipe.
The Ombudsman has also looked at the landlord’s complaint handling.

Background

The resident is an assured tenant of the property, a 1-bedroom flat. The landlord is a housing association.
A legal surveyor inspected the resident’s property on 18 March 2021. They identified water damage caused by a leak and high levels of damp and mould. The landlord decanted the resident before starting repairs.
The landlord completed repairs and asked the resident to agree to a post repair inspection declaration. The declaration stated that dampness and mould throughout the whole flat and water damage in the kitchen had been resolved. It also said that paint and plaster damage had been rectified. The resident agreed to the declaration on 6 October 2022.
It is not clear what happened over the following 9 months until the resident raised a complaint with the landlord on 30 June 2023. He referenced a telephone conversation with it from 6 June 2023 where he was told repairs were complete and he could move back into his flat. He said there was still damp and mould present and he did not want to move back for his own health. He had photos to show mould spores had grown in the new kitchen units and claimed other things had not been done. He wanted to stay in the temporary property permanently and arrange to collect his mail as the locks in the flat had been changed.
The landlord sent its stage 1 complaint response to the resident on 3 July 2023. It:
1. apologised and confirmed the complaint to be about repairs not resolving damp and mould, locks being changed, and the resident wanting to collect his mail.
2. said all works had been completed and there was no sign of damp and mould reported during the last inspection.
3. did not uphold his complaint as it said there had been no service failure.
4. said any remaining hairline cracks were not an issue.
5. told him he could escalate his complaint to stage 2 if he wished.
The resident emailed the landlord the same day to escalate his complaint. He said there was still damp and mould and the outside rain pipe was overflowing onto the external wall. He said there was mould in the new kitchen cupboards and the toilet pipes had been boxed in to cover the damp and mould. He added there were high damp readings in the bathroom, bedroom, front room, and kitchen just 2 months prior.
The resident told the landlord on 11 July 2023 that he took more moisture readings using his own damp meter. He said the readings were high. It responded to him on 19 July 2023 and said it was in discussions to have his property washed down before he moved back in. It said his flat may have had minor evidence of damp due to not being used or ventilated regularly.
The resident emailed the landlord on 24 July 2023 and said the credit that was left on both his electric and gas meters in March 2022 had gone. He asked if asbestos and electrical tests had been completed. The landlord responded on 7 August and confirmed there were no outstanding orders at his home, including electrical and asbestos checks. It said its roofing advisor would attend, check for repairs and leaks, and update the resident when this was done.
The resident and landlord spoke more in August and September 2023. The resident asked about a food allowance payment and a damage claim form. The landlord addressed the toilet pipework, leaking rain pipe, redirection of post, and credit left on his gas and electric meters.
The landlord acknowledged the resident’s complaint escalation request on 4 October 2023. It said it would write to him with an outcome by 11 October 2023.
The landlord’s internal emails from 5 October 2023 confirmed that no one had moved the resident back into his flat. It said the spot mould in the flat was due to no one having lived there for 12 months, and there was no evidence of damp. A gas safety check had been done on 29 September 2023.
The resident sent photos and videos of the flat to the landlord on 6 October 2023. He said mould had grown around the pipes behind the toilet, on walls and on cupboard doors. He said there was damp in the hallway cupboard and an overflowing outside rain pipe.
The landlord sent its stage 2 complaint response to the resident on 10 October 2023. It:
1. acknowledged he was unhappy with its stage 1 response.
2. understood the complaint to be about outstanding damp and mould, algae growing on an external wall, requests for gas, electric, and asbestos testing, and radiator locations.
3. said he was told on 6 June 2023 that he could move back into his flat and hairline cracks were due to the property’s age.
4. confirmed the mould in kitchen cupboards would be because of the property not being lived in for 12 months and a damp cloth should remove this.
5. said the toilet pipes had been boxed in to protect them and prevent condensation from dripping.
6. offered to arrange a specialist to clean and treat areas for minor mould.
7. said it visited the property on 9 October 2023 and concluded it was habitable with no damp present.
8. raised a job on 5 October 2023 to inspect the green algae growing on the outside wall where water was leaking from the rain pipe.
9. said an asbestos test was done on 16 July 2021 and a gas safety check was done on 29 September 2023.
10. confirmed it raised a job for an electrical test.
11. confirmed that the location of average-sized radiators would not impact damp and mould growth in the property.
12. apologised for the impact these events had on him, the multiple repair attempts, and delays. It was upholding on this basis.
13. offered compensation of £60 for the delay in issuing a stage 2 response, £70 for time and effort, £350 for distress, and £60 goodwill for gas and electricity (£540 total).
14. said £217.76 compensation would be processed as a cheque after deducting arrears of £322.24.
The resident emailed the landlord on 11 October 2023 responding to its stage 2 complaint outcome. He was unhappy that the rain pipe needed fixing, and he said there were electrical issues. He felt the damp and mould repairs were not sufficient and his mental health was being impacted. He wanted more compensation and to remain in the temporary property on a permanent basis.

Events after the landlord’s internal complaint procedure

The landlord responded on 11 October 2023 and explained the issues the resident raised would not prevent him from moving back into the flat. He would have to be present for the electrical test and compensation had been awarded in line with its policy.
The landlord and resident exchanged more emails in October and November 2023 about electric and gas issues, rain water overflow, and moving him back into his flat.
The landlord reviewed the resident’s complaint on 31 May 2024 and confirmed that it was not changing its position regarding repairs. It expected the resident to move back into his flat. It said a surveyor had visited the property and reported that there was no sign of damp or mould. It confirmed that a senior surveyor would carry out a joint inspection with him to address any concerns. He would be contacted in 7 working days regarding the joint inspection.
The landlord arranged for a third party to resolve the overflowing rain pipe. It found the rain pipe to be blocked and cleared it with a water jet on 5 July 2024. No reports of rain pipe overflow were made after this.
The resident told us on 13 October 2024 that the landlord had sent a notice to quit regarding the property he was staying in temporarily.

Assessment and findings

Scope of Investigation

What the Ombudsman can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme (the Scheme). When a complaint is brought to the Ombudsman we must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.
Paragraph 42.a. and 42.o. of the Scheme state that the Ombudsman may not consider complaints that:
1. are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
2. concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide.
The resident complained to us about continued damp and mould in his flat, as well as the outside rain pipe overflowing onto an external wall. The landlord addressed the presence of damp and mould at stage 1, and the overflowing rain pipe at stage 2 only. Although it did not address the overflowing rain pipe at stage 1, it said its stage 2 letter was its final response on the matter. We are satisfied we can investigate the presence of damp and mould and the overflowing rain pipe in these circumstances.
The resident wants to stay in the temporary property instead of returning to his flat. This is an outcome that we do not have the authority to order. We are still able to consider how the landlord responded to the recent reports of damp and mould and whether its actions were reasonable.

Damp and mould reports following the completion of repairs

The resident was concerned about moving back into his flat as he felt there were still damp and mould issues. We can understand that he would want to look after his health and wellbeing.
When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. These are: be fair (treat people fairly and follow fair processes), put things right and learn from outcomes. The Ombudsman must first consider whether there was a failing by the landlord and, did this lead to any adverse effect or detriment to the resident. If yes, we will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes’, When failings are identified, our role is to consider whether the redress offered by the landlord has put things right and resolved the resident’s complaint satisfactorily in all the circumstances of the case.
Under the tenancy agreement the landlord is responsible to keep in good repair the structure and exterior of the property, and installations supplying heating, hot water, sanitation, and the supply of water, gas and electricity. This is in line with its obligations under section 11 of the Landlord and Tenant Act 1985.
The landlord also has a responsibility under the Housing Health and Safety Rating System (HHSRS) to assess hazards and risks within its properties. Damp and mould growth can threaten health and could be classed as category 1 or 2 hazards. Residential premises should provide a safe, healthy environment and the landlord must ensure the dwelling is free from both unnecessary and avoidable hazards.
The photographs show that repairs have been completed by the landlord. It refurbished the flat throughout to resolve the damp and mould. The landlord said there were some hairline cracks and staining left after the repairs. The post-repair inspection was done jointly with the resident, and he signed the declaration on 6 October 2022. This shows that the parties agreed the damp and mould was resolved.
The landlord’s damp and mould policy states that it will establish if an immediate repair is required and act in accordance with its repairs policy. An assessment of the property will be agreed at a mutually convenient time within 20 working days of the report to understand the scale of the problem.
The first report of damp and mould after repairs were completed was on 30 June 2023 as part of the resident’s complaint. He provided photos to show spot mould had formed on the new kitchen units. The landlord told him on 19 July 2023 that it was in discussions to have his flat washed before he returned. Repairs were completed 8 months prior, and a post-repair declaration was signed. It was reasonable for the landlord to offer a mould wash instead of completing another assessment of the flat in these circumstances.
The landlord repeated to the resident that the flat was safe to move back into during August and September 2023. The resident disagreed. The landlord confirmed it inspected the flat on 9 October 2023 and no damp was found. It offered again to arrange a specialist to clean and treat areas where minor mould spores may have grown. It also said the resident could clean the mould with a damp cloth himself. This was a proportionate response to any mould that may have developed due to the flat being empty for approximately one year.
The landlord has now taken action to remove the resident from the temporary property and return him to his flat. Though the landlord said he did not respond to its offers to help him move back into the property, he does not appear to have been impacted negatively.
The Ombudsman is satisfied there has been no maladministration by the landlord in its handling of damp and mould reports following the completion of repairs. This is because it inspected the property after the resident raised concerns and communicated its findings. It offered to clean any presenting minor mould, and offered a joint visit with the resident and a senior surveyor to address any remaining concerns.

Overflowing rain pipe

The landlord’s repair policy from 2023 states that it is responsible for maintaining drains, gutters, and external pipes. It categorises repairs as routine day to day repairs or emergency works. Routine repairs will be responded to in 25 calendar days. The overflowing rain pipe would fall into this category as it did not present an immediate risk to residents or the public.
The resident reported the overflowing rain pipe to the landlord on 3 July 2023 and said green algae was growing on the external wall. He chased it for a response each month from July to November 2023. It did not clear the rain pipe until 5 July 2024. This is considerably longer than its 25 calendar day repair timescale. It would have been inconvenient for the resident to chase the landlord on multiple occasions to try and have the issue resolved. He also explained how this was taking a toll on his mental health. This is a failing by the landlord.
The landlord offered £70 compensation for the resident’s time and effort and £350 for distress caused. It said this was because of its multiple repair attempts, but it did not specify which repair attempts. We are satisfied that compensation is not appropriate for the handling of damp and mould reports from 30 June 2023. We have therefore considered the compensation offered against the repair attempts for the overflowing rain pipe.
The Ombudsman is satisfied that the £420 compensation is appropriate. Resolving the overflowing rain pipe was an issue that impacted the resident and took approximately one year to resolve. The landlord acknowledged the delays and the detriment to the resident’s wellbeing. He is unlikely to have been impacted further as he was staying in temporary accommodation throughout this time. It offset some of the compensation against the resident’s arrears, which is in line with its compensation policy.

Complaint Handling

The landlord’s complaints policy states that a complaint raised at stage 1 will be acknowledged within 5 working days and responded to in 10 working days. The resident raised his complaint on 30 June 2023 and the landlord issued its stage 1 complaint response on 3 July 2023. This was the next working day and within its published timescales. An acknowledgement was not necessary as the complaint response was issued one working day after the complaint was raised.
The landlord said in its stage 1 response that there were no issues found following its last inspection. It is not clear when the last inspection was before the resident raised his complaint. It could have offered a washdown of the resident’s property in its stage 1 complaint response in case there was new mould growth whilst the flat was unoccupied. We can see this was offered as part of its stage 2 response.
The complaint policy also states that stage 2 complaints will have final written decisions sent within 20 working days of a resident’s request to escalate their complaint. If the landlord needed longer, it would explain why and write again within a further 10 working days. The resident asked to escalate his complaint on 3 July 2023, but the landlord did not acknowledge this request until 5 October 2023. Its stage 2 complaint response was not sent until 10 October 2023. This was after involvement from us and is approximately 2 months outside of its published timescales. This was a failing.
The landlord acknowledged this failing and offered the resident £60 for the delay in issuing a stage 2 response. The resident had to contact our Service when he did not receive a response from the landlord. This caused him some inconvenience and delayed the case being escalated to us for investigation. The Ombudsman is satisfied that £60 for the complaint handling delay is appropriate and that reasonable redress has been offered.
An earlier version of our Complaint Handling Code is relevant to the time the landlord investigated the resident’s complaint. The prior code states that landlords must only escalate a complaint to stage 2 once it has completed stage 1. The complaint about the overflowing rain pipe was raised after the landlord addressed damp and mould in its stage 1 complaint response.
The landlord should have told the resident that new complaint issues would be logged at stage 1. It did not do this and only considered the overflowing rain pipe as part of the damp and mould complaint at stage 2. This deprived him of having the overflowing rain pipe considered by two separate investigators. This does not appear to have been of detriment to him, but the landlord should bear this in mind on future cases.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of reports of damp and mould following the completion of repairs.
In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in its:
1. handling of reports of the overflowing rain pipe.
2. complaint handling

Recommendations

The Ombudsman recommends that the landlord restate its offers to:
1. arrange a specialist to clean and treat areas for minor mould.
2. arrange for a senior surveyor to carry out a joint inspection with the resident to address any concerns.
The landlord should ensure that new complaint points are logged at stage 1 of its complaint procedure, so residents enjoy the full benefit of a 2 stage complaint process.