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London & Quadrant Housing Trust (202414935)

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REPORT

COMPLAINT 202414935

London & Quadrant Housing Trust (L&Q)

29 April 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 response to the resident’s reports of repairs required to unlevel flooring and internal openings.

Background

  1. The resident is an assured tenant of a 3 bedroom house. The landlord is a housing association which manages the building. The resident holds a joint tenancy with his wife which began in August 2020 after they were decanted from a previous property due to repair issues.
  2. The resident’s wife left the property in July 2022 with their 3 children because of concerns about the property’s condition. Both the resident and his wife have been in communication with the landlord during the complaint process, therefore we have referred to both persons in this report as “the resident”.
  3. The resident complained to the landlord in September 2021 about its handling of reports of repairs in the property relating to basement flooding and subsidence. This is the subject of a previous complaint to this Service (202217056). The Ombudsman’s orders in the previous complaint determination required the landlord to carry out independent surveys at the property and complete any recommended work. Compliance was completed on 29 May 2024.
  4. The resident submitted a stage 1 complaint on 6 June 2024. He complained that the property remained in disrepair and the family separated due to the property condition. He detailed how the impact of the on-going repair issues was affecting the wellbeing of the whole family.
  5. The landlord’s stage 1 complaint response on 20 June 2024 stated that the complaint subject matter was linked to the previous complaint already determined by HOS. It advised that it had complied with all orders from that complaint. It reiterated that the property had been deemed habitable by its surveyor.
  6. The resident escalated the complaint to stage 2. The landlord’s final response on 18 July 2024 described how independent surveyors had inspected the property under the compliance for the previous complaint and concluded that there was no subsidence. The required (electrical) repairs were completed and the property was considered habitable.
  7. The resident remained unhappy with the response from the landlord in respect of their concerns about subsidence and the unlevel flooring in the property. In bringing the complaint to this Service, the resident wants to be rehoused as a matter of urgency.

Assessment and findings

Scope of investigation

  1. The subject matter of this complaint was examined under case reference 202217056 (and also an earlier case reference 202104433). This Service determined that there was severe maladministration in the landlord’s handling of that case and it was given orders to put things right for the resident. These orders were completed in May 2024. The Ombudsman’s decision on case 202217056 was reviewed, and the final stage of the process was exhausted. Paragraph 42L of the Scheme states that we may not consider complaints we have already decided upon. As such this investigation will not review further those events which fall under the previous complaints, although it will consider the history of the outstanding repairs where relevant to this assessment.
  2. Therefore, this investigation will focus on the landlord’s handling of the resident’s repair requests from 29 May 2024 onwards. This complaint, raised on 6 June 2024, exhausted the landlord’s internal complaints procedure on 18 July 2024.
  3. Throughout the complaint and in communication with this Service, the resident has said this situation had a detrimental impact on the health and wellbeing of the family. 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 the Ombudsman 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.
  4. This Service would not order a landlord to rehouse a resident. This is because we do not know the local housing need or available properties. However, we have considered the landlord’s response to the resident’s concerns raised about whether the property is habitable.

The landlord’s response to the resident’s reports of repairs required to unlevel flooring and internal openings.

  1. The tenancy agreement and landlord’s repair policy confirm its statutory obligations to keep the structure and exterior of the building and property in good repair, including walls, roofs, windows, external doors, drains, gutters, external pipes and boundaries.
  2. The landlord’s repair policy also states that the landlord is responsible for repairs relating to structural weakness. However, it will only undertake repairs to immediate hazards caused by suspected subsidence. Work to rectify subsidence can only be carried out with its insurer’s approval.
  3. It is relevant to include that the landlord’s insurer inspected the property for subsidence on 9 August 2022 and issued a report which stated:
    1. There was a notable historic distortion to internal openings and floors towards the centre of the property.
    2. The property had no current signs of cracking or movement to the load bearing wall to indicate recent subsidence.
    3. Issues were identified:
      1. With the slope on the first floor
      2. Distortion to internal openings.
      3. Uneven flooring in the bathroom which was slipped to the left.
      4. Front doorstop was misaligned and loose.
      5. Flooring in the hallway, which would not allow for the laminate to be installed properly.

There is no evidence that works related to this report were completed at the property.

  1. The landlord completed electrical, structural, and damp surveys to the property in March, April and May 2024 as part of its compliance with the previous complaint (202217056). The landlord communicated the outcomes of the 3 surveys to the resident in its stage 2 response, and advised the resident that qualified staff had reviewed the reports.
  2. It is reasonable for the landlord to rely on evidence provided by its surveyors and contractors to conclude whether there is or is not subsidence. The carpenter’s report seen by this Service was concise. It stated that the ‘floors are ok’ and that any difference in levels were due to the movement of the building over its history. Despite acknowledging that there was a difference in floor levels, the carpenter’s report did not recommend any repairs to even out the flooring.
  3. The resident had been reporting to the landlord the flooring issues and the impact of these since November 2021. The 2 surveys confirmed the presence of an uneven and sloping floor. The landlord had completed the required compliance for case reference 202217056 but had failed to acknowledge the outstanding repairs that were still being brought to its attention.
  4. This lack of action to repair the sloping floor resulted in the resident putting in a complaint to the landlord on 6 June 2024. In communication to this Service, the resident described how floor coverings did not lie flat as a result of the unlevel sub–floor, causing a trip hazard. Furniture was unable to sit flat to the floor, and internal doors were not staying shut due to the sloping of the property.
  5. The landlord’s repair policy advises that the landlord does not undertake repairs to floor coverings (except in the kitchen or bathroom where the covering was provided by the landlord and is causing a trip hazard). However, the landlord is responsible for repairs to floorboards and floor screed (when badly cracked, crumbling or hazardous).
  6. Although floor coverings are the resident’s responsibility to repair, it is reasonable that a resident should have a level sub-floor on which to lay their floor covering. This Service has seen photographic evidence which appears to show an uneven surface to the resident’s laminate flooring, which could cause a hazard. The landlord’s response to the resident’s reports of unlevel flooring in the property was therefore not reasonable.
  7. The tenancy agreement states that the landlord will repair or replace fixtures and fittings which it owns to ensure that they are in a safe and functioning condition. The landlord’s repairs policy sets out that it will carry out repairs to essential door furniture, which includes those which are used in the alignment and closing of doors.
  8. The issue of the internal doors not aligning correctly with doorways and failing to stay shut was identified and linked to the ‘notable historic distortion towards the centre of the property’ by the landlord’s insurer during its subsidence report in 2021. The issue had not been addressed by the landlord. It is reasonable to expect internal doors to be fit for purpose and shut for privacy within a property.
  9. The landlord’s survey by a carpenter on 15 May 2024 reported that the property was structurally sound. However, the resident continued to have concerns about its structural reliability because the landlord did not acknowledge or rectify the issues that remained in the property. Consequently, the family remained separated and spent lengthy periods of time away from the property.
  10. On 17 January 2024 a senior member of staff wrote to the resident to apologise for the way that it had handled the issues of uneven flooring and subsidence. It advised that it was determined to learn from the findings of the previous complaint determined by this Service. At this time of writing, the landlord has concluded that the property does not have subsidence, however, the issue of uneven flooring remains unresolved. Therefore, it has not demonstrated that it fully learnt from its experience.
  11. The landlord’s compensation policy states that it will consider paying compensation where it fails to deal satisfactorily with repairs that are its responsibility and the customer is continuing to live in poor conditions longer than is reasonable. The policy also states that it will consider a partial refund of rent as compensation for loss of use of some of the property because of a repair issue that has caused prolonged disruption. The landlord’s internal complaints procedure did not acknowledge a failing, did not attempt to organise repairs, and did not offer compensation. Therefore, the landlord has not attempted to put things right for the resident during its internal complaints procedure or since.
  12. We find maladministration in the landlord’s handling of the resident’s reports of repairs to unlevel flooring and internal door openings. We have made an award of compensation taking into account the circumstances of the resident’s complaint, the level of rent, and our Remedies Guidance.
  13. We order the landlord to pay compensation to the resident of £978. The rent and period of time are only indicative and used as a guidance. As such, the compensation does not intend to amount to an exact refund. It comprises of:
    1. £578 which is 10% of the rent for the period of 10 months (June 2024 to present day). This is calculated based on the weekly rent detailed in the tenancy agreement from 2020 (£133.47).
    2. A further £400 for the distress and inconvenience caused to the resident having to chase the repairs for a further 10 months.
  14. This is in line with the Ombudsman’s remedies guidance where there was a failure which had a significant impact on the resident and the redress needed to put things right is substantial.
  15. We also order the landlord to complete the repairs required to level the flooring in the property, and to rectify the issue with internal openings so that doors function properly.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration by the landlord in its response to the resident’s reports of repairs to unlevel flooring and internal openings.

Orders

  1. Within 4 weeks we order the landlord to:
    1. Pay compensation to the resident of £978, broken down as:
      1. £578 which is equivalent to 10% of the rent for a period of 10 months. This is calculated based on the weekly rent detailed in the tenancy agreement from 2020 (£133.47).
      2. A further £400 for the distress and inconvenience caused to the resident having to chase the repairs for a further 10 months.
    2. Contact the resident to arrange an inspection of the property to identify the repairs required:
      1. To level the sub flooring in the property so that the resident’s floor coverings are able to be laid flat throughout the property and furniture sit level.
      2. To rectify the issue with internal openings so that doors function properly.
      3. The landlord should also consider if there are any repairs to floor coverings that are its responsibility.
    3. Within 2 weeks of the inspection the landlord is ordered to:
      1. Confirm in writing to the resident if it needs to provide him with decant accommodation to ensure completion of the works.
      2. If the property is deemed as uninhabitable, confirm if it needs to permanently decant the resident.
    4. Within 12 weeks of the date of the inspection the landlord must complete the identified repairs. If it is unable to meet this deadline the landlord must notify both the resident and us, providing a clear explanation for the delay.
  2. The landlord should reply to this Service with evidence of compliance with these orders within the timescale set out above.