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London & Quadrant Housing Trust (202442268)

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REPORT

COMPLAINT 202442268

London & Quadrant Housing Trust (L&Q)

02 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:
    1. Repairs to and a leak from the extractor fan.
    2. Damp and mould.

Background

  1. The resident is the assured tenant of the property, which is a one bedroom, third floor flat. The landlord is a housing association. The resident says he has stress and anxiety, but the landlord has no recorded vulnerabilities for him. The resident has a young child.
  2. In September 2023 the resident reported that his kitchen and bathroom extractor fans did not work, and the landlord’s records say it repaired these on 23 October 2023. On an unknown date he made a stage 1 complaint, and it provided its response on 27 October 2023. It raised an emergency repair for the bathroom extractor fan (the fan) as a resolution. Its records say it completed the repairs 3 days later but on 21 November 2023 he reported that water was leaking out of the fan. He chased the landlord between 8 January 2024 and 4 March 2024, when he told it the fan was growing mould. The landlord attended to repair the fan on 21 May 2024 and told the resident the vent pipe was blocked so air and moisture could not escape.
  3. On 9 August 2024 the resident reported damp and mould to the landlord. During August 2024 it raised repairs for mouldy grouting in the bathroom and a new repair for the fan, but again said it needed to unblock the vent pipe. He emailed it on 24 September 2024 to chase repairs, said the black mould was getting worse, and his baby was going to live with a relative due to the condition of the property. He made a stage 1 complaint on 27 September 2024, which was about outstanding repairs to the fan and mould in the property.
  4. The landlord acknowledged the complaint on 30 September 2024 and requested an extension of time on 9 October 2024. It provided its stage 1 response on 4 November 2024, in which it:
    1. Said the resident had told it black mould had appeared in the bathroom because of the fan leak, but it could not find any recent reports of mould. It confirmed it would arrange an inspection.
    2. Apologised for its delays in repairing the fan. It said the repair was reported in May 2024, and that its contractor told it the vent pipe was blocked. It said it had raised a repair for this in August 2024 but cancelled it as it sent it to the wrong contractor. It confirmed it had raised a new repair.
    3. Said there was a repair for the grouting booked for 18 November 2024.
    4. Apologised for the delays and lack of communication. It offered £350 compensation.
  5. Between 4 and 18 November 2024 the landlord raised a vent pipe repair and rescheduled the grouting repair as more time was needed. It also exchanged emails with the resident in which he explained the mould was getting worse and spreading and asked when it would be inspected. He asked to escalate his complaint on 20 November 2024 as he said the repairs were still outstanding. The landlord acknowledged escalation the same day. It marked completed, and raised a new repair for, the vent pipe the following day. It also provided its stage 2 response, in which it:
    1. Said it had attended on 20 November 2024 and confirmed the fan was working. However, he had said this was incorrect and that the contractor had said the fan was dangerous. It had spoken to the contractor, but it was no clearer on the status of the fan. Therefore, it would raise a new urgent repair.
    2. Confirmed the grouting repair was booked for 25 January 2025.
    3. Apologised for the delays and inconvenience caused, but said its previous compensation offer was reasonable and it would not offer additional compensation.
  6. The resident exchanged emails with the landlord between 21 and 28 November 2024, about inaccuracies in its response, said the bathroom extractor fan had been removed, and asked when it would be repaired. It concluded again on 10 January 2025 that it needed to complete repairs to the vent pipe. The resident told it the damp and mould was getting worse on 16 January 2025 and becoming “unliveable”. It completed a damp and mould inspection, and mould treatment, on 24 January 2025. It raised recommended repairs for the pipe, and repairs to a window, on 6 February 2025 but told the resident it needed scaffolding to complete them on 14 May 2025.
  7. The resident has told the Ombudsman that at the date of this report the repairs have not been completed, and he still has damp and mould. He said his daughter is now 2 years old and constantly is ill. He said around 2 or 3 months ago the landlord fitted a new extractor fan, and a temporary vent pipe “taped to the fan” which goes to the loft or roof but does not vent out. He receives letters saying repairs have been completed and he has to tell the landlord they have not been. He explained he does not have a point of contact and feels the landlord is disorganised. He also told the Ombudsman about an issue with the electrical cupboard and that his utility provider has refused to carry out work due to the condition of the electrics.

Assessment and findings

The landlord’s handling of repairs to and a leak from the extractor fan

  1. Under the tenancy agreement the landlord is responsible for repairs to maintain the structure and exterior of the property, as well as the fixtures and fittings for the use of water, gas, electricity and heating. This is in line with section 11 of the Landlord and Tenant Act 1985. Its repairs policy says it is responsible for repairing extractor fans. Under its policy it will attend emergency repairs, where there is immediate danger, within 24 hours. It will complete routine repairs within 25 calendar days.
  2. When the resident reported that his bathroom fan was leaking water in November 2023, the landlord failed to recall its previous repair completed 3 days earlier. It also failed to raise a new repair. This was not in compliance with its repairs policy or its repairing obligations under the tenancy agreement. Despite the resident chasing it, the landlord took 6 months to attend a repairs appointment, clearly not in compliance with its 25-day repairs policy timeframe. Positively, it identified the problem that the vent or ducting pipe was blocked, and so the moisture and hot air could not escape, causing it to condense and leak out of the fan. However, it failed to raise a repair for the blocked pipe.
  3. In response to the resident’s reports of mould in August 2024 the landlord raised a new repair for the fan, but again said the pipe was blocked. It appears not to have reviewed the outcome of the previous repair before raising the new one which was a failing as it could have raised the correct repair instead. It admitted it had raised a repair for the pipe to an incorrect contractor in its stage 1 response, which was a further failing. Positively it raised a new repair, then closed and reraised it. By this point nearly a year had passed since the resident had first reported the leak.
  4. Within its stage 2 response the landlord said it had attended and confirmed the fan was working, but the resident disputed this. It said it had checked but was unclear which suggests a knowledge and information management failing. Positively it raised and attended an emergency repair within its policy timeframe. It removed the fan but then delayed in replacing it. It also concluded, again, that it needed to unblock the pipe. Despite the resident chasing it failed to keep him updated, and in May 2025 said it needed scaffolding. By this point 18 months had passed. This was an unacceptable and inexcusable delay in completing the repair.
  5. At stage 1 the landlord apologised for the delay and lack of communication. It offered £350 compensation. At stage 2 it said it had offered appropriate compensation at stage 1. In relation to the failures identified, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: be fair, put things right and learn from outcomes, as well as our own guidance on remedies.
  6. There was severe maladministration. Despite the resident promptly reporting the repair, and continuing to chase the landlord, it remains outstanding. His ineffective fan contributed to the damp and mould in the property (considered below). The landlord’s delays, and repeated failings to raise the correct repair, was not in line with its policy or repairing obligations. The situation has caused the resident understandable distress, inconvenience, frustration, time and trouble. To reflect the impact on him an order has been made that the landlord pay £600 compensation.

The landlord’s handling of damp and mould

  1. The landlord’s repairs policy says it is responsible for penetrating and rising damp, condensation and mould repairs. Under its damp and mould policy it defines damp as “the excess of moisture that can’t escape from the home”. It says after a report of damp and mould it will assess if a repair is required. It will arrange a survey within 20 working days and will raise any remedial works identified within 10 working days of the survey. It says it will complete repairs in line with its repairs policy and will be clear with the resident on timescales. The policy says the landlord will keep residents informed of actions, next steps, and will communicate regularly.
  2. When the resident reported damp and mould on 9 August 2024 the landlord raised repairs but failed to arrange a survey. By the end of September 2024 it had not resolved the issue. The resident clearly explained the extent of the mould, that he had a baby, and that the baby had to live with a relative due to the mould. The landlord failed to take any action. The resident then made his stage 1 complaint. The landlord again failed to take any action. Within its stage 1 response, over one month later, it incorrectly said it did not have any recent reports of damp and mould. This was a significant record keeping failing. In line with its policy, it said it would arrange a survey, but it failed to do so. Despite the resident continuing to report the mould was getting worse, and escalating the complaint, the landlord failed to act. Its stage 2 response was silent on the issue of the outstanding survey.
  3. Following further reports from the resident the landlord completed the survey over 5 months after his first report. This was an unacceptable delay and not in compliance with its damp and mould policy. Positively, it completed a mould wash in line with its policy. It also raised repairs in line with its policy. However, it failed to complete them within its repairs policy timeframe or at all.
  4. The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS). One of the 29 identified hazards is damp and mould. Landlords need to make sure their homes are safe and free from hazards. When a resident reports a risk, the landlord should quickly inspect the property to check for hazards. It must determine if the home is safe and fit to live in. Ignoring hazards can lead to serious consequences for everyone involved.
  5. The landlord failed to properly address its handling of damp and mould within its complaint responses. It did not demonstrate the Dispute Resolution Principles. It left the resident, and his very young daughter, to live with black mould in the living room, bathroom, and the only bedroom in the property for an extended period while taking no action. Its communication had also been poor adding to his frustration. There was severe maladministration. This caused significant distress, inconvenience, worry, frustration, time and trouble for the resident. To reflect the impact an order has been made that the landlord pay £1,700 compensation. This amount reflects approximately 20% of the rent due between 9 August 2024 and the date of this report, due to the significant lack of amenity and disruption of enjoyment of the property over this period.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was severe maladministration in relation to the landlord’s handling of:
    1. Repairs to and a leak from the extractor fan.
    2. Damp and mould.

Orders

  1. Within 4 weeks of the date of this report, the landlord is ordered to:
    1. Provide a written apology to the resident, from the chief executive, for the failings detailed in this report.
    2. Pay directly to the resident £2,300 compensation made up of:
      1. £600 for the distress, inconvenience, frustration, time and trouble caused by its failings in repairing the extractor fan.
      2. £1,700 for the distress, inconvenience, worry, frustration, time and trouble caused by its failings in handling damp and mould.
    3. Complete a mould wash.
    4. Complete a full survey of the property, by an internal or independent surveyor, and produce a schedule of works required. This schedule is to include works to unblock the vent pipe, and repair the window frame or brickwork, as previously identified. The landlord is to provide a copy of the report and schedule of works to the resident and this Service.
    5. Assign the resident a named member of staff to be a single point of contact until repairs have been completed and provide him with direct contact details for that person.
  2. Within 8 weeks of the date of this report, the landlord is ordered to:
    1. Complete repairs to the vent pipe and the window as identified.
    2. Complete any further repairs from the schedule of works following the inspection ordered above.
    3. Carry out a case review and provide a copy of its report to this Service. The review is to include, but not be limited to:
      1. Why it did not raise repairs promptly.
      2. Why it did not review its records when raising future repairs.
      3. Why it failed to act on multiple reports of damp and mould.
      4. Whether further staff training is needed.
  3. The landlord is ordered to provide evidence of compliance with these orders to this Service by the stated deadlines.

Recommendations

  1. It is recommended that the landlord repair or replace the electrical cupboard fuse board, following the abort works notice provided by the resident’s utility supplier.