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London & Quadrant Housing Trust (L&Q) (202325715)

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REPORT

COMPLAINT 202325715

London & Quadrant Housing Trust (L&Q)

27 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 complaint is about the landlord’s:
    1. Handling of the resident’s reports of a leak in the property and damp and mould.
    2. Staff conduct.

Determination (jurisdictional decision)

  1. 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.
  2. After carefully considering all the evidence, it has been determined that the     complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of Events

  1. The resident emailed the landlord on 8 December 2022 and said there was a leak in the property along with damp and mould. In an undated letter, the landlord said it had been unable to access the property and it had not heard from the resident. As a result, it said, it had now closed the matter.
  2. The resident emailed the landlord on 6 October 2023. The landlord replied the same day and said it would inspect the property in due course. On 16 October 2023 the landlord raised a job to inspect a rusty towel rail. The landlord’s contractor could not find the leak on 19 October 2023.
  3. The resident complained to the landlord on 26 October 2023. She said:
    1. There was an ongoing leak in the property since 2022.
    2. She had requested the leak to be fixed, replacement of the bedroom carpet and the heating in the bathroom.
    3. She was concerned about her children’s health from the damp and mould.
  4. The same day the landlord sent a stage 1 response. It said that the contractor was waiting for the resident to confirm an appointment.
  5. On 27 October 2023 the resident escalated her complaint to stage 2.
  6. On 21 February 2024 the landlord issued the resident with a stage 2 response. It said:
    1. It raised an initial job on 8 December 2022 and a second one on 30 October 2023. Both jobs were completed. It raised further jobs to replace the radiator and the carpet on 10 February 2024 but found no leak.
    2. It apologised that she was still experiencing damp and mould in her property and the rudeness of staff and being non-empathetic. It asked her to provide the correspondence that showed this and it would investigate further.
    3. It acknowledged her concerns about her children’s health from the damp and mould. It notes she has an active case with the damp and mould department. It raised the relevant repair jobs.
    4. It awarded £450 in compensation.
  7. The resident has made a claim to the County Court Business Centre on 11 July 2024. Court documents from 12 July 2024 confirm the resident raised a related legal claim for £2,439. The claim form mentions the bathroom leak, the damp and mould and the bedroom carpet. This was in respect to damages to her belongings and the impact on her family’s health by actions and inactions of the landlord.

Reasons

  1. What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman 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.
  2. After carefully considering all the evidence, in accordance with paragraph 41c and 42e of the Scheme, the resident’s complaint is outside of the Ombudsman’s jurisdiction.
  3. Paragraph 41c of the Scheme states “The Ombudsman cannot consider complaints which, in the Ombudsman’s opinion, concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given”.
  4. The resident issued a letter of claim on 11 July 2024. She provided the court with a chronology of events and said the landlord owed her money for distress, damage to her belongings, and health concerns. She said the property suffered from a leak, damp and mould and told the court of the landlord’s handling of her reports.
  5. When considering this, the complaint about reports of a leak in the property and damp and mould, is subject to court proceedings and as such the Ombudsman cannot consider the resident’s complaint (41c).
  6. Paragraph 42e of the Scheme states “The Ombudsman may not consider complaints which, in the Ombudsman’s opinion concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings”.
  7. As legal proceedings are ongoing, the resident has the opportunity to raise the subject matter of the complaint about staff conduct in relation to the leak, damp and mould, along with the landlord’s handling of the leak, damp and mould as part of those legal proceedings (42e).
  8. In accordance with paragraph 41c and 42e of the Scheme, the complaint relating to the landlord’s handling of resident’s reports of a leak in the property, damp and mould and staff conduct are outside of jurisdiction and this Service cannot investigate further.