London & Quadrant Housing Trust (L&Q) (202340261)

REPORT

COMPLAINT 202340261

London & Quadrant Housing Trust (L&Q)

18 July 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. This complaint is about how the landlord handled the resident’s reports of a leak from her upstairs neighbour’s flat.

Background

2. The resident is an assured tenant of the landlord. The property is a 2-bed ground floor maisonette. The resident lives in the property with her elderly mother and her 2 children.
3. The resident made a complaint to the landlord on 8 January 2024. She said she had reported a leak on 21 November 2023, and that the landlord had done nothing to resolve the leak. She said water came through her bathroom ceiling and lights every time her upstairs neighbour used their bath, the leak had progressed to the point she considered it dangerous as the electrics had started cutting out, and her electric shower had stopped working.
4. The landlord issued its stage 1 response on 10 January 2024. It said the resident’s upstairs neighbour had cancelled a repair job to inspect a suspected roof leak, which it believed was the cause of the leak in the resident’s property. It said it would arrange a joint inspection as soon as possible, and arrange a compensation offer once the inspection and any follow-on works were complete. It also said the electrics in the resident’s shower were safe.
5. The resident escalated her complaint from 11 January 2024 onwards. She said the damage from the unresolved leak was getting worse. She said she and her family had no shower facilities or safe toilet facilities in the property as a result of the leak and resulting damage.
6. The landlord issued a stage 2 response on 19 March 2024. It said a surveyor had attended that day, and would book further appointments. It accepted there had been failings on its part and offered £120 compensation for distress and inconvenience, plus £60 for delays in its stage 2 response.

Assessment and findings

Policies and procedures

7. The landlord is responsible under the tenancy agreement for repairing the structure and exterior of the property, as well as the drains, pipes, walls, floors and ceilings, electrical wiring, and sanitary installations such as showers. The agreement says the landlord may enter the property without notice in the event of an emergency where there is risk of personal injury, damage to the property, injury to neighbours, or damage to neighbours’ property.
8. The landlord’s repairs policy says it will attend emergency repairs within 24 hours, and complete routine repairs within 25 days.
9. Under the Homes (Fitness for Human Habitation) Act 2018, the landlord must ensure the property is fit for human habitation throughout the tenancy. The Government’s guidance for landlords says that an absence of sanitary conveniences in a property means a property ‘would evidently be unfit’.
10. The landlord’s compensation policy says that when residents are unable to use a room because of a repair which is the landlord’s responsibility, it will consider a partial refund of rent.

Scope of the investigation

11. It is not within the Ombudsman’s remit to make a formal finding as to whether or not the property was fit for human habitation, as such a finding can only be made by the courts. The Ombudsman also cannot award damages in the way a court can when a property is found to be unfit for human habitation or in a state of disrepair. The Ombudsman can, however, award compensation for any distress or inconvenience the resident experienced as a result of the way the landlord handled her reports.
12. The resident has referred to the effect the leak and subsequent damage had on her health, and that of her family. She said she was struggling to breathe, and experienced chronic congestion and sinus issues as a result of the leak damage. The Ombudsman is unable to draw conclusions on the causation of, or liability for, damage to health and wellbeing. Personal injury claims must, ultimately, be determined by the courts, as the courts can consider medical evidence and make legally binding findings in this regard. However, the Ombudsman will consider any general distress and inconvenience the situation caused the resident.

Handling of the leak

13. The resident reported the leak on both 21 and 22 November 2023 by email. She said a leak from the flat upstairs was coming through her bathroom light, and that she had to isolate the light for safety reasons. She included photo and video evidence of the leak with her report, and said she was concerned as there had been previous leaks which led to a ceiling collapse. After receiving no response or acknowledgement from the landlord, she sent a follow up email on 28 November 2023. The landlord acknowledged the report on 1 December 2023, and said the neighbour had told it that they had resolved the leak. The resident confirmed on the same day that the leak was ongoing.
14. The landlord’s repair records contain no reference to the leak being reported in November 2023, or to any contact about the leak prior to 8 January 2024. However, it is apparent from the emails the resident has provided that the landlord did know about the leak from November 2023 onwards, and its repair records are incomplete. In the absence of any records of action being taken following the resident’s reports, the Ombudsman can only conclude that the landlord ignored reports of a leak which was passing through electrics for more than a month by the time the resident made a complaint. This was both unreasonable and wholly inappropriate.
15. On 8 January 2024, the resident told the landlord that the leak not being resolved had caused the bathroom ceiling to collapse that morning. She said the leak had also caused a power cut, and the electric shower had stopped working. As such, the landlord’s inaction turned an inconvenience (as the resident had isolated the bathroom light herself for safety reasons) into an emergency situation.
16. The landlord logged a repairs job for a ceiling collapse caused by an uncontrollable leak, and arranged for an electrician to attend that day. The electrician’s job sheet says they attended and made the bathroom light safe. The job sheet contains no reference to inspecting the electric shower, or making it safe. The landlord then marked the job as complete. Given that no action had been taken to stop the leak, it is unclear why it chose to record the repair as complete.
17. The following day, the resident reported that the leak kept getting worse. She said she had to keep using and replacing towels on the floor to mop up the water, that there were now no shower facilities, and that nobody could use the sink because of water coming from the ceiling above it. The landlord’s repair logs say it spoke to the upstairs neighbour the following day, and they told the landlord it could book repairs to detect the leak. It has provided no evidence of booking any repairs or investigations for the upstairs flat at that stage. This was clearly unreasonable and inappropriate.
18. From 10 to 29 January 2024, the resident repeatedly contacted the landlord for updates on resolving the leak. This included videos of the worsening damage, reports of injury from falling debris, and concerns about the safety of her elderly mother and children. She said the entire household was unable to wash as the only bathroom had no shower, no lighting, and falling debris. The landlord told the resident that it had raised a repair for a plumber to attend within 24 hours, and that her shower would be safe to use. While it was appropriate to book an emergency repair, it was inappropriate for the landlord to comment on the safety of the shower without evidence of any inspection taking place first.
19. The landlord booked 2 repair appointments for 11 January 2024. The first was for an electrician. The job sheet says they attended at 1.27am and were not given access. The landlord has not provided evidence that the resident was aware of the appointment, or that any other attempts were made to contact her if she were aware. The second appointment was to resolve the leak. The landlord sent the resident a message at 3.36pm to confirm an operative was on the way, and its repair logs show it marked the jobs as complete just after 4pm that day. However, the resident said no operative attended, and the landlord has provided no evidence such as job sheets or inspection notes to show the operative did attend. In the circumstances, the Ombudsman can only conclude the operative did not attend the appointment. This caused further delays in resolving the leak.
20. The landlord has referred to booking an appointment for 14 January 2024, and said the plumber referred the job to their supervisor. The landlord then booked another appointment for 23 January 2024, which it failed to attend. It is unclear whether the initial appointment was for the resident’s flat or her neighbour’s flat, as there is no reference to this appointment in the repair logs provided. The landlord’s repair logs say it inspected the upstairs property on 29 January 2024, and concluded that new sealant was needed, as it was possible the sealant was allowing water ingress. The landlord has provided no notes to explain what investigations it carried out, or how it concluded the sealant was a possible cause of the leak. It has also not provided any evidence of replacing the sealant at that time.
21. The resident then chased the landlord for updates on multiple occasions between 30 January and 26 February 2024. She said the leak was getting worse, and no repairs had been done. She said the whole household had no washing facilities, and the landlord had failed to offer any options to allow them to wash. The resident told the Ombudsman that the landlord ignored multiple calls, emails, and voicemails during this time. The landlord has provided no evidence of responding to the resident’s reports or requests for updates. It has also provided no evidence of doing anything to resolve the leak during that time. This is clearly inappropriate.
22. On 11 March 2024, the landlord replaced sealant in the upstairs neighbour’s shower. It has not explained why it took 6 weeks to replace the sealant. This did not resolve the leak, and the landlord arranged an inspection for 19 March 2024. The operative’s inspection notes say that the leak was ongoing, the resident was using buckets to collect water from the leak, she was unable to shower or switch on the bathroom light due to leak damage, and that the source of the leak needed to be identified, after which follow-on repairs could be booked.
23. In its stage 2 response on the same day, the landlord told the resident that, following the inspection, it would arrange follow-up appointments. Having promised to arrange follow up works to identify the cause of the leak 4 months after the leak started, it then failed to do so. Its repair records show it tried to arrange works to replace the ceiling, but do not show any attempts to find and resolve the source of the leak. During this time, the resident reported that the condition of the property had deteriorated, with mould spreading rapidly and worms living in the bathroom ceiling. She said the leak had started to affect her health, and she was struggling to breathe. The landlord has provided no evidence of responding to those concerns, demonstrating that it then failed to learn from the complaint, or to take the resident’s safety seriously.
24. Its logs show no further action until May 2024, when it identified that it could not carry out the booked works until the leak was resolved. A week later, the resident reported that the tiles had started falling from the bathroom walls. The resident continued to chase for updates with no response until 30 May 2024. Rather than updating the resident, the landlord told her it could not tell her anything about the repairs because it would be a breach of the neighbour’s personal data. It has provided no explanation for how it reached that conclusion, as it did not need to divulge any personal data to provide a meaningful update on the repair.
25. The leak was stopped on 18 June 2024, which was just under 7 months after the resident first reported it, and 5 months after the ceiling collapsed. This was a serious and significant delay. The evidence provided by the landlord indicates a lack of care and attention, and its records do not demonstrate that it took the leak and subsequent damage seriously. There was no sense of urgency on the part of the landlord to resolve the issues despite damage from leaks growing worse with time, the leak in question going through the electrics, the ceiling having collapsed, or the resident’s increasingly frustrated reports that the property was dangerous.
26. It is also of significant concern that the landlord has not shown it carried out any assessment of whether the property was fit for human habitation as a result of the collapsed ceiling, falling debris and loss of washing facilities, or whether the resident and her family needed to be decanted to temporary accommodation until the leak was resolved and a working shower had been installed.
27. The landlord’s failings had a significant effect on the resident. Living in a property with an ongoing leak that causes a ceiling collapse, in a property with a history of ceiling collapses from leaks, will inevitably cause a significant level of distress. In addition to this, the resident had to repeatedly chase the landlord for repairs and updates, and from 8 January 2024 she had no shower facilities in the property, no bathroom light, and had to deal with the risk of falling debris as well as the leaking ceiling if she wanted to use the toilet in the property. She had to take her children and elderly mother to a local leisure centre to shower, and had to pay for each visit.
28. The landlord offered the resident £120 compensation for distress and inconvenience. This level of compensation is wholly inadequate to make up for the level of distress and inconvenience its failings caused. It also failed to consider compensation for loss of use of the bathroom, which is not in line with its compensation policy. The level of the landlord’s failings, and the significant impact on the resident, warrants a finding of severe maladministration.
29. The Ombudsman has assessed what an appropriate level of compensation would be, taking into account the circumstances of the resident’s complaint, the resident’s rental liability, and this Service’s remedies guidance. This has been calculated as follows:
    1. The resident’s net rent for 2023-4 was approximately £173.46. The net rent from 1 April 2024 onwards is £178.97.
    2. The resident was unable to use the bathroom from 8 January 2024. By the time the leak was resolved, the bathroom had been unusable for 23 weeks. The landlord should therefore pay the resident 30% of the rent for 23 weeks.
    3. The total compensation for loss of use of the bathroom due to the landlord’s delay in resolving the repair is £1,215.07.
30. In addition to the compensation for loss of use of the bathroom, the Ombudsman has also considered the distress and inconvenience experienced by the resident as a result of the landlord’s poor handling of the leak. Taking into account all of the circumstances of the case, the Ombudsman considers that the landlord should pay the resident £1,600 compensation for the distress and inconvenience caused by its poor handling of the leak. This is in line with the Ombudsman’s published remedies guidance for serious failings which have a significant effect on a resident.
31. The Ombudsman considers that the landlord should also reimburse the resident for the cost of using alternative showering facilities while the shower was broken as a result of the leak. The invoices provided by the resident total £97.40, and an order has been made to that effect below.
32. The Ombudsman also notes that the failings identified in this report are similar to a number of failings identified in the Ombudsman’s Special Report on the landlord (published 27 July 2023), as well as in subsequent determinations of maladministration or severe maladministration. Despite the recommendations made in the Special Report, and the landlord having carried out ‘lessons learned’ reviews following those subsequent determinations (such as in cases 202204005 and 202123311 towards the end of 2023), it is apparent from the circumstances of this case that its systemic failings in handling repairs have persisted. The Ombudsman has therefore made an order under paragraph 54(g) of the Housing Ombudsman Scheme below.

Determination

33. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there has been severe maladministration with regard to the landlord’s handling of a leak from the resident’s upstairs neighbour’s flat.

Orders

34. Within 2 weeks of the date of this determination, the landlord is ordered to:
    1. Issue a written apology to the resident for the failings identified in this report. The apology must come from the landlord’s Chief Executive.
    2. Write to the resident to confirm the following:
       1. What works it will be carrying out to repair the leak damage in her property.
       2. When those works will start, and when it anticipates the works will be completed.
       3. Whether it considers the property is fit for human habitation in the meantime, or whether it intends to move the resident and her family to alternative accommodation until the repairs to the bathroom have been completed.
35. Within 4 weeks of the date of this report, the landlord is ordered to pay the resident £2,912.47 compensation for the failings identified in this report. This is inclusive of the £120 offered in its stage 2 response, but does not include the £60 offered for its delayed complaint response. This is broken down as follows:
    1. £1,215.07 for the loss of the use of the bathroom from 8 January 2024 until 18 June 2024.
    2. £1,600 for the distress and inconvenience caused by the failings identified in this report.
    3. £97.40 to reimburse the evidenced cost of using alternative showering facilities.
36. For the avoidance of doubt, the compensation must be paid directly to the resident, and can only be credited against rent arrears (if any) with the resident’s express agreement.
37. In accordance with paragraph 54(g) of the Housing Ombudsman Scheme, the landlord is ordered to carry out a senior management review of this case to determine how it will prevent a recurrence of the failings identified in this report in future. The landlord must complete the review within 8 weeks of the date of this report, and provide the Ombudsman with a copy of its review and resulting action plan. The review must include (but is not limited to) consideration of the following:
    1. The reasons its handling of this case did not align with the service improvements it has committed to making following the Ombudsman’s Special Report, and any additional steps it needs to take to ensure the changes identified will be effective.
    2. The processes and procedures it has in place for responding to reports of repairs, and ensuring that repairs are completed within a reasonable timescale.
    3. The processes and procedures it has in place to support accurate record keeping, including reports of repair issues, all actions taken in response, inspection notes, and details of any repairs carried out.
    4. Identification of the underlying causes of the failings identified in this report, the steps it intends to take to prevent them recurring in future, and when it will take those steps.
    5. The training needs of all staff who handle reports of repairs, including knowledge of its repair obligations and repairs policy, and understanding of data protection surrounding repair updates where multiple properties are involved. The landlord may find it helpful to review the ICO’s December 2023 publication titled ‘How data protection law can prevent harm in the housing sector’, and make its staff aware of this.
38. The landlord is to provide this Service with evidence of compliance with the above orders within the timescales set out above.

Recommendations

39. It is recommended that, if it has not done so already, the landlord pay the resident the £60 offered in its stage 2 response for delays in issuing its stage 2 response.
40. The landlord should reply to this Service within 4 weeks of the date of this report to confirm its intentions in regard to the above recommendation.