London & Quadrant Housing Trust (202316939)
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Decision |
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Case ID |
202316939 |
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Decision type |
Investigation |
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Landlord |
London & Quadrant Housing Trust |
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Landlord type |
Housing Association |
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Occupancy |
Assured Shorthold Tenancy |
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Date |
24 October 2025 |
Background
- The resident lives in a 2-bedroom flat owned by the landlord with her teenage daughter. She has long-term health conditions.
What the complaint is about
- The landlord’s handling of the resident’s:
- Reports of excess heat in the property.
- Reports of external noise.
- Complaint.
Our decision (determination)
- We find:
- Maladministration in the landlord’s handling of the resident’s reports of excess heat in the property.
- No maladministration in the landlord’s handling of the resident’s reports of external noise.
- The landlord has offered redress to the resident which satisfactorily resolves the complaint about the landlord’s handling of the resident’s complaint.
We have made orders for the landlord to put things right.
Summary of reasons
The landlord’s handling of the resident’s reports of excess heat in the property
- The landlord did not complete repairs to lower excess heat in the property for almost 20 months after the resident’s complaint. Its compensation offers were not sufficient for the loss of enjoyment of the property from the delays and the impact on the resident.
The landlord’s handling of the resident’s reports of external noise
- The landlord is not responsible for external noise. It correctly signposted the resident to the local authority for noise complaints and the managing agent of the building for soundproofing queries.
The landlord’s complaint handling
- There were clear delays in the landlord’s complaint handling. However, its apologies and offers of compensation were fair and in line with our remedies guidance.
Putting things right
Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.
Orders
Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order
The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 24 November 2025 |
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2 |
Compensation order (based on rent) The landlord must pay the resident £1,382.25.
This is based on a 10% proportion of rent between 19 July 2023 and 31 March 2024 at a rent of £155.66 (based on the Regulator’s average rent) for 36 weeks. And this is based on a 10% proportion of rent between 1 April 2024 and 14 March 2025 at a rent of £167.65 (based on the Regulator’s average rent) for 49 weeks.
This is to recognise the loss of enjoyment of the home.
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No later than 24 November 2025 |
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3 |
Compensation order The landlord must pay the resident £1,170 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date.
The landlord may deduct from the total figure any payments it has already paid. |
No later than 24 November 2025 |
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4 |
Inspection order
The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by an externally appointed independent surveyor with expertise to complete the type of inspection required. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date.
What the inspection must achieve The landlord must ensure that the surveyor:
The survey report must set out:
Whether temporary alternative accommodation is necessary either because of the condition of the property or during the works.
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No later than 22 December 2025 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
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Our recommendations |
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We recommend the landlord pays the resident its stage 1 compensation offer of £180 and its stage 2 offer of £200 for poor complaint handling if it has not already done this. The offer recognised genuine elements of service failure, and we make the reasonable redress finding on that basis. |
Our investigation
The complaint procedure
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Date |
What happened |
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18 July 2023 |
The resident complained to the landlord about excessive external noise and internal property temperature. She asked to move. |
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5 October 2023 |
The resident complained to the landlord again about ongoing issues with heat in the property and loud building noise from a nearby development affecting her health conditions. |
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6 October 2023 |
The landlord acknowledged the complaint. |
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18 October 2023 |
The landlord responded at stage 1 of its complaints process. It encouraged the resident to report noise problems to the local authority as it was not responsible for these. It apologised for not addressing her heating complaint and said the required works were complex. It offered £540 total compensation, made up of:
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3 November 2023 |
The landlord increased its stage 1 compensation offer to £750. |
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7 November 2023 |
The resident escalated her complaint. She said her kitchen extractor fan had not worked for 15 years. She also said she had been reporting noise issues since 2008 and problems with heat from 2016. She was unable to open her window to lower the heat due to noise and car fumes from outside, including while she worked from home. |
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8 November 2023 |
The landlord acknowledged the resident’s stage 2 complaint. |
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12 February 2024 |
The landlord sent its final complaint response. It said it could not compensate for 15 years of heating charges or any lost wages. It apologised for poor communication. It signposted the resident to the local authority for noise complaints. It provided a reference number for extractor fan and ventilation system works. It said it could not move her to temporary accommodation during works without its contractor considering this necessary. It apologised for poor communication and not responding to her medical move application. It offered £800 total compensation:
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Referral to the Ombudsman |
The resident was unhappy with the landlord’s response and further delays in completing works to the extractor fan and ventilation unit. She asked us to investigate. She would like a move to a new home and additional compensation for the further delays. |
What we found and why
The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.
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Complaint |
The landlord’s handling of the resident’s reports of excess heat in the property. |
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Finding |
Maladministration |
What we did not look at
- The resident told us that this excess heat situation has had a negative impact on her health and wellbeing. It would be fairer, more reasonable, and more effective for the resident to make a personal injury claim for any injury caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We’ve not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.
What we did look at
- The resident complained to the landlord about excess heat from 2008. In her complaint of July 2023, she explained the property became very hot in summer. She said she developed skin conditions from this and asked to move. The landlord did not act upon her report of excess heat.
- After her second complaint in October 2023, the landlord began to investigate the property temperature. Its contractor said the property had inadequate ventilation and was extremely hot. They reported the landlord needed to replace many parts of the ventilation system. In its stage 1 complaint response, the landlord said the works would be complex. It offered total compensation of £360 for time, effort, distress, and inconvenience for not addressing her heating complaint of July 2023. It later increased this to £570.
- There were some delays to works due to the resident’s work commitments. She asked the landlord to postpone repairs until January 2024. It agreed to this. However, its contractors did not contact the resident to arrange any appointments for the works, so it chased them about this. In February 2024, its contractors said they could not complete the repairs due to the complexity. It worked to find a new contractor after this.
- In the landlord’s final complaint response of February 2024, it said it raised works with a new contractor, who would check the ventilation unit and replace her extractor fan. It did not provide a date for this. It offered £600 total compensation for distress, inconvenience, time and effort, and a goodwill gesture from its stage 1 response that matched the later increase to its stage 1 offer.
- The landlord did not complete works until March 2025, a further 11 months after its final complaint response. This was not reasonable. While its repairs policy does not specify a timeframe for complex works, industry standard is around 90 days. From her first complaint in July 2023, the landlord took almost 20 months to complete works. Its compensation offer was insufficient for the resident’s loss of enjoyment of her home, and it did not provide an adequate apology.
- This is because the landlord’s compensation offer only covered the resident’s time, effort, distress, and inconvenience in line with our remedies guidance’s recommended range of compensation for serious failures over a significant period of time. It did not consider offering her a partial rent refund to reflect the loss of enjoyment of her home, as also permitted by the guidance. The landlord’s apology also did not fully reflect this, as required by our guidance. We will therefore order it to give her a further, fuller apology and a partial rent refund for her loss of enjoyment for the almost 20 months it took to complete works, as well as the compensation it previously offered her.
- We can see the resident reported excess heat to the landlord before July 2023 and that she said she also tried to complain to it about this before that date. However, we have not seen evidence of her earlier complaints, or that her previous reports were made within a reasonable period of her July 2023 complaint, which would allow us to investigate these.
- The resident reports the property is still suffering from excess heat. We will order the landlord to inspect for any remaining or additional issues alongside the above order for improved compensation.
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Complaint |
The landlord’s handling of the resident’s reports of external noise. |
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Finding |
No maladministration |
What we did not look at
- Our Scheme rules state we may not investigate complaints which were not referred to the landlord as a complaint within a reasonable time, which is normally 12 months. The resident said she has reported noise issues since 2008. She raised a formal complaint in July 2023. However, there is no evidence she raised a complaint promptly and in any event within 12 months of when she became aware of the issue. We have not seen evidence she was prevented from raising a complaint sooner. For that reason, we can only investigate those noise reports in the 12 months leading to her complaint under our Scheme.
What we did look at
- The resident reported noise from the main road and nearby construction sites in July 2023, but the landlord did not respond. While it is not responsible for managing external noise, it would have been good customer service to signpost the resident to the local authority at that time.
- In her complaint, the resident said she reported noise issues to the local authority. The landlord spoke to her and recommended that she keep reporting the problem to the local authority. It included this advice in its stage 1 complaint response and explained the noise issues were outside its control.
- As part of its stage 2 investigation, the landlord made a direct noise complaint to the local authority on behalf of the resident. It told her about this and gave her the reference number in its final complaint response. It explained it cannot soundproof as it does not own the building and provided contact details for the managing agent.
- Overall, the landlord could have told the resident she needed to contact the local authority earlier. However, it did give her the correct advice in its final response and complained to the local authority on her behalf.
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Complaint |
The handling of the complaint |
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Finding |
Reasonable redress |
- The landlord did not acknowledge the resident’s complaint of 18 July 2023. When it logged her later complaint of 5 October 2023, it responded within its 10-working–day complaints policy timescale on 18 October 2023. In its response, it apologised for overlooking her earlier complaint and offered £180 compensation for this. This was a fair offer in line with our remedies guidance’s recommended range of compensation for maladministration that adversely affected the resident.
- The landlord’s complaints policy says it will respond to stage 2 complaints within 20 working days of an escalation request. It took 66 working days to respond to the resident’s 7 November 2023 escalation request on 12 February 2024. It updated the resident on 3 occasions between escalation and its response to say it had yet to allocate her complaint. In its final response, it apologised for the complaint handling delays and offered a further £200 compensation for poor complaint handling. This brought its total offer for all complaint handling failures to £380. This offer is in line with our remedies guidance’s recommended range of compensation for such failures adversely affecting the resident, and its apology was appropriate in the circumstances.
- We will recommend the landlord pay the resident its previous stage 1 and stage 2 compensation offers for poor complaint handling if it has not already done this.
Learning
- While there were delays in the landlord’s complaint handling, it was the complaints team that chased contractors for updates on repairs. The complaint handlers in the case demonstrated good practice in working to find a resolution for the resident.
Knowledge information management (record keeping)
- There were no issues with record keeping in this case.
Communication
- The complaints team communicated well with the resident. However, the landlord did not ensure its repairs team or contractors provided the same level of service.