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London & Quadrant Housing Trust (202216213)

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REPORT

COMPLAINT 202216213

London & Quadrant Housing Trust (L&Q)

31 July 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 the resident’s reports of leaks, damp, mould and associated repairs in the property.

Background

  1. The resident is an assured tenant of a one-bedroom first floor flat. The property is owned by the landlord, a housing association. The resident has additional needs, including autism and ADHD. He is represented by his mother in bringing the complaint to the landlord and this Service. For convenience, this report refers to both the son and his representative as “the resident”.
  2. The landlord’s records show it raised repairs for issues with the communal roof guttering causing damp and leaks into the resident’s flat on 9 February 2021. Between 10 February 2021 and 3 February 2024, the landlord completed various jobs to remedy the issues including repointing, plastering, decorating, asbestos survey and damp and mould works.
  3. The resident made a formal complaint on 5 February 2024. He reported that damp, mould, and a leaking ceiling had made the bedroom unusable since 2021. He had been sleeping in the living room while continuing to pay full rent. He also raised concerns about delays to brickwork repairs, originally scheduled for September 2023. He asked the landlord to complete the works and provide compensation for the loss of the bedroom.
  4. The landlord gave its stage 1 complaint response on 5 February 2024. It confirmed it had instructed a contractor to inspect and repair the external brickwork. It said there were delays completing the works due to needing access via a neighbour. It acknowledged the damp and mould in the bedroom and said it would complete plastering after it had completed the external works. It apologised and committed to monitoring the case.
  5. The resident requested escalation of the complaint on 19 June 2024. He expressed frustration that the brickwork remained unrepaired. He said the bedroom was deteriorating, water continued to leak through the walls and ceiling, and he still could not use the room. He also raised concerns about the impact on his mental and physical health, and the financial strain of increased heating costs.
  6. The landlord issued its stage 2 complaint response on 2 July 2024. It upheld the complaint, acknowledging delays in completing repairs and poor communication. It awarded £520 in compensation for distress, inconvenience, and complaint handling. It also confirmed that a surveyor would attend to assess the resident’s eligibility for a loss of room payment.
  7. On 17 July 2024 the landlord confirmed that the bedroom qualified for a loss of room payment. It awarded the resident £3,829.27 for the period from 5 February 2023 to 31 July 2024. It also committed to issuing monthly payments of approximately £211.92 until it restored the room to a usable condition.
  8. The resident remained dissatisfied with the landlord’s response and escalated the complaint to us. He wants the landlord to complete all outstanding repairs, including the external brickwork and internal plastering. He also requested increased compensation to reflect the prolonged disruption.

Assessment and findings

Scope of the investigation

  1. In communication with us, the resident said the repair issues have had a detrimental impact on his health. 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 we 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.

Reports of leaks, damp, mould and associated repairs in the property

  1. The landlord’s repairs policy and tenancy agreement state the landlord is responsible for repairing external brickwork, rendering, roofing, and internal plastering after structural works. It must also address damp and mould caused by structural defects. Under its repairs policy, the landlord should complete non-emergency repairs within 20 working days, unless access or weather conditions prevent this.
  2. It is unclear from the landlord’s records when the resident reported the issues with the damp, mould and associated works prior to his formal complaint on 5 February 2024. The records show the landlord raised various jobs between 4 April 2023 and 31 July 2023. However, its records do not provide enough information on why it raised these jobs, when it attended and what repairs it completed in that timeframe.
  3. It is good practice for a landlord to maintain accurate, contemporaneous records on reports it receives, and its actions in response. This enables it to effectively manage any issues raised by its residents as well as fulfilling its obligations as a landlord. Neither the landlord nor the Ombudsman can properly investigate and respond to complaints without accurate and comprehensive records, and this could result in unfairness to the resident. The lack of records mean that it has not been possible to fully understand what the landlord did or why, which has impacted our ability to carry out a thorough investigation of this issue.
  4. The landlord first identified the need for brickwork repairs in April 2022. While there is evidence of repointing work on 18 October 2023, this did not resolve matters. Despite the resident’s stage 1 complaint on 5 February 2024, the landlord failed to prioritise the works or provide a clear timeline for completion. It did not communicate effectively about the delays, or the access issues it was experiencing. The resident had informed the landlord of his vulnerabilities, including autism and ADHD, and the impact the disrepair was having on his health. The landlord failed to act on this information in a timely or meaningful way. This was a significant failing, as its repairs and vulnerability policies require it to prioritise cases where residents are at increased risk of harm.
  5. In its stage 1 complaint response on 5 February 2024 the landlord acknowledged the outstanding repairs and confirmed that a job had been raised for its specialist contractor to attend. It attributed the delay to access issues with the neighbouring property and stated that plastering would follow once the brickwork was completed.
  6. However, the response did not address the resident’s concerns about his inability to use the bedroom, nor did it offer interim solutions such as a decant or temporary heating support. It did not offer compensation or provide a clear plan to resolve the issues. Overall, the stage 1 complaint response was inadequate and failed to address the resident’s concerns or provide a reasonable resolution.
  7. The landlord completed some plastering works on 22 February 2024. This was 102 working days after the job was raised, which was 82 days outside the 20-day target. Given the resident’s continued reports of water ingress and the failure of previous repairs, this delay was not reasonable. The landlord did not provide updates or explain the reasons for the delay, which contributed to the resident’s frustration and uncertainty.
  8. On 16 April 2024 the landlord attempted to complete the repointing and brickwork but was unable to do so due to poor weather. Its records show that it made reasonable efforts to reschedule the job but was prevented from doing so by the neighbour’s refusal to grant access. The landlord considered legal action to gain access, which was appropriate in the circumstances.
  9. However, as previously stated, the landlord failed to communicate effectively with the resident about the access issues or the steps it was taking to resolve them. It did not offer a decant or other temporary accommodation, despite being aware of the resident’s vulnerabilities and the prolonged impact of the disrepair. This was a missed opportunity to mitigate the harm caused and support the resident’s wellbeing.
  10. The resident escalated his complaint because the repairs remained outstanding, and he had not received clear communication or a resolution plan. He sought completion of all outstanding works, including the external brickwork and internal plastering, and appropriate redress for the impact on his health and quality of life.
  11. Between the stage 2 complaint escalation on 19 June 2024 and the stage 2 complaint response on 2 July 2024 the landlord arranged for a surveyor to inspect the property. This was a positive step, but it did not provide the resident with updates or interim support during this period.
  12. In its stage 2 complaint response, the landlord upheld the complaint. It acknowledged delays, poor communication, and the failure to prioritise the case given the resident’s vulnerabilities. It awarded £520 in compensation and confirmed that a surveyor would assess the living conditions and determine whether a decant or further compensation was warranted. However, this offer did not address the broader failings in communication, complaint handling, or the landlord’s failure to act on the resident’s vulnerabilities.
  13. The landlord provided its insurer’s details for the resident to make a claim towards his damaged personal items. The response was reasonable in that it accepted fault and offered some redress. However, it did not provide a clear plan for completing the repairs or address the resident’s concerns about ongoing disruption. The landlord also failed to explain why it had not acted sooner to support the resident or escalate the access issue.
  14. In its revised stage 2 complaint response, the landlord offered £3,829.27 for the loss of room from February 2023, along with ongoing monthly payments. The landlord should have been aware through its investigation of the complaint that it had identified the problem with the brickwork in April 2022. It was not therefore reasonable for it to limit its investigation to 12 months given that information and that the resident might not have recognised a potential failing earlier given the landlord was taking some action to investigate. Furthermore, given the resident needed a representative to make a complaint, this may have reasonably delayed the complaint being made. We have therefore made an order for the landlord to pay an additional amount for room loss of £1,271.52. This is for 6 months prior to February 2023 and recognises the landlord would not have been able to resolve matters immediately in April 2022.
  15. The resident informed us on 24 April 2025 that the repairs were still outstanding due to ongoing access issues. This is 3 years from when the landlord identified the need for brickwork repairs in April 2022. Furthermore, the landlord failed to offer a decant, consider the resident’s increased heating costs, or assess the cumulative impact of the repair issues on his health.
  16. In summary, the landlord failed to complete repairs within a reasonable timeframe, did not communicate effectively, and did not take appropriate steps to support a vulnerable resident. It also failed to offer interim solutions or escalate access issues in a timely manner. These failings likely caused prolonged distress and inconvenience to the resident.
  17. We have found maladministration in how the landlord handled the resident’s reports of resident’s reports of leaks, damp, mould and associated repairs in the property. As a result, we have ordered the landlord to take specific actions to resolve the issue and to pay the resident an additional £500 in compensation.
  18. This amount reflects the ongoing distress and inconvenience the resident experienced and is consistent with the landlord’s own compensation policy, which states that awards should consider any vulnerabilities, as well as the extent, severity, and impact of the failure. It also aligns with our remedies guidance for cases involving failures that have had a significant detrimental effect on the resident.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the of resident’s reports of leaks, damp, mould and associated repairs in the property.

Orders

  1. Within 4 weeks of the date of this report the landlord must complete the following orders and provide evidence of compliance to us:
    1. A senior member of the landlord’s staff must apologise to the resident for the failures identified in this report. This should include failures for the time taken to fully resolve the leak, damp, mould and brickwork repairs. The apology should be in line with the Ombudsman’s guidance on apologies (available on our website).
    2. The landlord must provide an update on when it anticipates gaining access to the neighbour’s flat to resolve the outstanding repairs. If access issues persist, the landlord must inform us what steps it is taking to resolve these issues.
    3. The landlord must assess whether additional compensation is warranted in relation to the resident’s increased heating costs. It must inform the resident and us in writing of its decision and the reasons for it.
    4. Pay the resident the £520 compensation it offered in its stage 2 complaint response (if not already paid).
    5. Pay the resident the £3,829.27 for the loss of room, along with ongoing £211.92 monthly payments (if not already paid).
    6. Pay the resident an additional £500 for any likely distress and inconvenience caused by its failures identified in this report. (this should be paid directly to the resident).
    7. Pay the resident an additional £1,271.52 for loss of the room for the 6 months prior to February 2023.
  2. Within 8 weeks of the date of this report the landlord must complete all outstanding repairs relating to the external brickwork, roof defects, and internal plastering of the bedroom. It must share an inspection report with us and the resident confirming completion of the repairs.
  3. If the landlord is unable to meet this deadline the landlord must notify both the resident and us, providing a clear explanation for the delay and what actions it will take to mitigate this. It must also set out its new timescales in writing.