London & Quadrant Housing Trust (202500435)
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Decision |
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Case ID |
202500435 |
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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 Tenancy |
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Date |
16 March 2026 |
Background
- In July 2024 the resident complained the landlord had failed to carry out a lasting repair to a leak from the flat above. She previously complained about the same issue in 2022.
What the complaint is about
- The complaint is about the landlord’s handling of:
- Repairs to a leak from the flat above and the resulting damage to the resident’s flat.
- The resident’s complaint.
Our decision (determination)
- We found:
- Maladministration in the landlord’s handling of repairs to a leak from the flat above and the resulting damage to the resident flat.
- No maladministration in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
The landlord’s handling of repairs to a leak from the flat above and the resulting damage to the resident’s flat
- The landlord did not repair the leak from the neighbour’s flat or the damage to the resident’s flat within the timescales set out in its repairs policy. Although the landlord offered compensation, this was not enough to put things right.
The landlord’s handling of the resident’s complaint
- The landlord responded to the complaint in line with its complaints policy and our Complaint Handling Code.
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 the apology:
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No later than 13 April 2026 |
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2 |
Inspection order
The landlord must inspect the flat above the resident. 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:
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No later than 13 April 2026 |
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3 |
Compensation order The landlord must pay the resident £800 to recognise the distress and inconvenience caused by its handling of the leak from the flat above and resulting damage to the resident’s property. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. This payment is to be made in addition to any compensation payments the landlord has previously paid.
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No later than 13 April 2026 |
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4 |
Heating Costs The landlord must contact the resident to request details of additional heating or electricity costs and expenses she incurred as a result of the damp caused by the leak. It must offer the resident compensation for these costs. It must provide us with proof it requested this information, its consideration of the information, and any payments. |
No later than 13 April 2026 |
Our investigation
The complaint procedure
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Date |
What happened |
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15 July 2024 |
The resident complained about the landlord’s delay repairing a leak from the flat above, which damaged her bathroom ceiling. She said she complained about the issue previously and the landlord failed to permanently resolve it. She said she spoke to the neighbour, who confirmed the landlord had not repaired the floor in the neighbour’s wet room, which was above her bathroom. She said the ceiling was marked by the leak, and the damage had spread to her hallway. |
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30 July 2024
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The landlord sent its stage 1 complaint response. It apologised for the delay and said it had replaced the floor covering in the flat above. It said it would wash and redecorate the ceilings in the bathroom and hallway. |
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16 December 2024 |
The resident asked the landlord to escalate her complaint. She said the leak had continued and was getting worse. She also said the landlord had not done the repairs to the ceiling and bathroom in her flat. |
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14 January 2025
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The landlord sent its stage 2 response. It apologised and offered £220 compensation for the resident’s distress, inconvenience, and time and effort to resolve the issue. It said it had arranged follow on works with the neighbour to resolve the leak in the flat above, and it would assess the resident’s property and raise the necessary follow-on works. |
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Referral to the Ombudsman |
The resident asked us to investigate her complaint. She said the landlord removed the damaged ceiling in around April 2025 and had not repaired it until October 2025. She said the landlord’s repairs had not fixed the leak. She wanted the landlord to permanently resolve the leak from the flat above and then repair the further damage to her ceilings. |
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 repairs to a leak from the flat above and the resulting damage to the resident’s flat |
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Finding |
Maladministration |
What we have not investigated
- The resident said she was worried about how the stress of the ongoing leak was affecting her health. The courts are the most suitable place to decide disputes about personal injury or illness because independent medical experts can give evidence. We cannot decide what caused any illness based on the housing file. We can consider the overall impact of the situation on the resident, but we cannot decide causation or liability for personal injury. If the resident wants to pursue a personal injury claim, she may wish to seek independent legal advice.
What we have investigated
- The resident previously complained to us about the same issue in 2023. We found severe maladministration and ordered the landlord to do the outstanding repairs to the resident’s property. This investigation considered the period from the 16 July 2024, when the resident reported another leak, up to the landlord’s final complaint response in January 2025. We have also considered the landlord’s action after the complaint to evaluate whether it carried out the actions promised in its complaint response. Any previous events are included for background information and were not part of this investigation.
- On 16 July 2024, the resident reported another leak from the flat above and said it caused further damage to her ceilings. When the landlord received these reports, it should have investigated and completed the repairs within 20 days, in line with its repairs policy.
- The landlord repaired the flooring in the neighbour’s flat on 8 July 2025, 357 days after the resident reported the leak again. The landlord repaired the resident’s ceiling and bathroom on 22 October 2025, 463 days after she reported the damage.
- While it can take several attempts to find the appropriate repair to resolve a leak, the delay in resolving the leak in this case was excessive.
- The landlord’s communication about the repair to the leak from the flat above was inaccurate and inconsistent.
- In her complaint, the resident said she had spoken to her neighbour, who told her the landlord had not repaired the flooring in the flat above after her previous complaint.
- In its stage 1 complaint response, the landlord said it raised an order to replace the wetroomflooringin the flat above and said it had completed the work.In its stage 2 complaint response it said it raised follow-on works to address the wetroom flooring in her neighbour’s property.
- In its stage 2 complaint response, the landlord apologised and offered the resident £220 for her distress, inconvenience and time and effort trying to resolve the issue. It also said it would do the outstanding repairs. While it was appropriate to offer compensation, the amount offered was not enough to address the impact on the resident. The landlord also delayed further in completing the repairs after the stage 2 complaint response, and the resident has reported the leak occurred again, after the repairs were carried out. The landlord therefore did not fully put things right.
- Overall, there was maladministration in to address the landlord’s handlingof the leak from the flat aboveand the resulting damage to the resident’s property. When the resident reported the leak the landlord failed to complete the repairs within the timescales set out in its repairs policy. It also gave the resident inaccurate information about whether it had completed repairs in the flat above to resolve the leak.
- The delay had a significant impact on the resident. She said she found the situation very stressful. The resident contacted the landlord frequently to ask it to do the repairs to her neighbour’s property and her own. She said throughout this time, wastewater leaked from the ceiling directly above her shower. This meant when the resident above used his shower, her family could not use theirs without wastewater dripping on them from above. She said this was particularly upsetting during the summer of 2025, when her daughter was sitting GCSE examinations and was sometimes unable to use the shower. The resident said her energy costs increased during the leak, as it made the property damp, so she needed to have the heating on constantly during winter.
- We have orderedthe landlord to pay the resident an additional £800compensation to recognise the distress, inconvenience and time and effort caused by its delay completing the repairs. This award is line with our remedies guidance for cases where a failure had a significant impact on the resident.
- We have also ordered the landlord to carry out an independent survey of the neighbour’s property to determine the cause of the ongoing leaks and provide us and the resident with a schedule for any further recommended repairs.
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Complaint |
The handling of the complaint |
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Finding |
No maladministration |
- The landlord has a 2-stage complaints policy. It says it will acknowledge complaints at both stages within 5 working days. It will respond to complaints at stage 1 within 10 working days, and stage 2 within 20 working days of the acknowledgement. This is in line with our Complaint Handling Code (the Code).
- The landlord acknowledged the resident’s complaint within 5 working days and responded within 10 working days of the acknowledgement, in line with its policy.
- The landlord acknowledged the resident’s escalation request within 5 working days and responded within 20 working days of the acknowledgement, in line with its policy.
- There was no maladministration in the landlord’s complaint handling.
Learning
- The landlord should learn from this complaint, it should consider how it tracks the actions it agrees in its complaint responses to ensure they are completed.
Knowledge information management (record keeping)
- The landlord’s repair records were poor. It gave the resident inaccurate information about the repairs to the leak. The landlord should ensure its repair records are complete and accurate, so it can track repairs effectively.
Communication
- The landlord’s communication about repairs was poor. It should ensure it provides prompt, correct, and meaningful updates to residents. It should also learn from this complaint and improve how it communicates with residents when they are affected by repairs at another property.