London Borough of Waltham Forest (202525669)

Decision
Case ID	202525669
Decision type	Investigation
Landlord	London Borough of Waltham Forest
Landlord type	Local Authority / ALMO or TMO
Occupancy	Secure Tenancy
Date	26 February 2026

Background

The resident lives at the property with her children, who she reported having respiratory conditions. She was dissatisfied about the condition of the windows in her property, as she felt they would not open and close properly. In February 2024 the landlord told her the windows were not due to be replaced until 2028. She believed the windows should be repaired, which led to her complaint.

What the complaint is about

The complaint is about the landlord’s handling of:
1. The resident’s concerns regarding the condition of the windows.
2. The resident’s complaint.

Our decision (determination)

We have found that there was:
1. Maladministration in the landlord’s handling of the resident’s concerns regarding the condition of the windows.
2. Service failure in the landlord’s handling of the resident’s complaint.

We have made orders for the landlord to put things right.

Summary of reasons

The condition of the windows

The landlord did not clearly explain its position on the repairs to the resident or act in a timely manner. Its communication was inconsistent, and the issues remained unresolved at the time of its final response. It did not consider the reported household vulnerabilities or provide clarity on the habitability of the property.

Handling of the resident’s complaint

The landlord responded in line with its complaint timescales but did not address all the resident’s concerns.

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.

Order	What the landlord must do	Due date
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 is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance.	No later than 26 March 2026
2	Compensation order The landlord must pay the resident £700 in compensation to recognise the distress and inconvenience, time and trouble caused by its handling of her concerns regarding the condition of the windows. This is made up of the £500 it offered in its stage 2 response and additional payment of £200. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of compliance.	No later than 26 March 2026
3	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: Inspects all of the windows (including the window frames) of the property and produces a written report with photographs The survey report must set out: Whether the property is fit for human habitation and whether there are any hazards The most likely cause of the deterioration of the windows Whether the landlord is responsible to repair or resolve the issue together with reasons where it is not responsible A full scope of works to achieve a lasting and effective repair to the issue (if the landlord is responsible) The likely timescales to commence and complete the work Whether temporary alternative accommodation is necessary either because of the condition of the property or during the works	No later than 23 April 2026

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our recommendation
We recommend the landlord speaks to the resident to discuss any security or safety concerns she may have about the condition of the windows.

Our investigation

The complaint procedure

Date	What happened
17 June 2025	The resident complained to the landlord and said: The condition of the windows at the property were poor, they would not close properly and were “structurally weak”. She believed it had not carried out timely repairs. She wanted the windows repaired as it was affecting the property’s insulation.
1 July 2025	The landlord sent its stage 1 response and provided a timeline of events. It told her that: In February 2024 it advised her windows were not due for replacement until 2028, but it would carry out interim repairs. Her property was part of a listed building, and the windows must comply with heritage standards. It needed specialist contractors and this would take longer than standard repairs. Since February 2024 it should have progressed repairs in a timely manner but had now raised new works which were awaiting approval. It rejected some repairs in 2024, but it later found these were necessary and it re-raised them in 2025. Its records did not confirm whether any window repairs were completed in March 2025. It acknowledged poor communication and offered a total of £225 in compensation for the delay, distress and inconvenience caused, and her time and trouble.
8 August 2025	The resident escalated her complaint as the landlord had not completed any repairs. She believed: The windows should have been fully replaced. There was continued lack of communication, as despite no repairs undertaken, a contractor had attended to paint the windows. There was an ongoing impact on her household’s health and wellbeing. She also had security concerns.
3 September 2025	The landlord issued its stage 2 response.It reiterated its findings from stage 1. It also told her: On 1 July 2025 it instructed its contractors to repair but not replace the windows. A contractor attended on 25 July 2025 to overhaul windows and carry out paintwork. They noted all windows operated correctly but there were gaps allowing draught. It had booked a new repair to fill in and paint windows, but it was unclear whether this had been completed. A stock condition assessment was made on 2 September 2025 which found the 3 bay window frames were in “advanced decay”, and while the glazing was intact the frames offered no structural support or adequate insulation. It apologised that the issues remained unresolved. It acknowledged it had had multiple opportunities to “bring the case to a clear and satisfactory conclusion”. It offered an additional £275 in compensation at stage 2, for a total compensation award of £500 for the delays, distress and inconvenience, and time and trouble. It would contact her within 5 working days to provide next steps.
Referral to the Ombudsman	The resident remained dissatisfied with the landlord’s response and asked us to investigate her concerns. She told us: The window repairs were incomplete. Her household’s health and wellbeing had been affected. She had security concerns due to the condition of the windows. She wanted the landlord to repair or replace the windows. She wanted further compensation.

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.

Complaint	The condition of the windows
Finding	Maladministration

The resident has said the condition of the windows affected her health and that of her children. While we cannot consider any reported 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.
Under section 11 of the Landlord and Tenant Act 1985 the landlord is required to make repairs to the structure and exterior of the property. This is echoed in the resident’s tenancy agreement. Its repairs policy also states it is responsible for window frames.
The landlord’s repairs policy also states it would take into consideration household vulnerabilities. The landlord was aware since October 2024 that the resident’s children had respiratory conditions. There was no urgency from it to conduct repairs. It failed to communicate with the resident if she required additional support or provide its position on the habitability of the property. This caused her further distress and inconvenience.
Evidence showed the landlord had attended the property at least 5 times between February 2024 and September 2025. Despite these visits, no repairs to the structure of the property were undertaken and its record keeping of what actions, if any taken were poor. Its repairs policy says timescales will be clearly recorded to create an audit trail for specialist works. Despite this, there was no evidence it communicated clearly the actions it would or would not take to the resident. It also rejected a variation order in 2024 (which said repairs were required to 3 windows) without giving an explanation to the resident. This was unfair and showed a lack of transparent communication.
In the landlord’s final complaint response, it committed to advising the resident about next steps within 5 working days. It failed to do this, which showed it had not learnt from the complaint. Although its total award of £500 in compensation was in line with our remedies guidance for the failings it identified up until its final response, it was clear the resident continued to experience detriment (due to its lack of communication). Therefore, we have not considered its offer to be proportionate to all its failings.
Overall, we have found maladministration in the landlord’s handling of the resident’s concerns regarding the condition of the windows. This is due to the landlord’s lack of consideration to household vulnerabilities, its unreasonable communication regarding the extent of works required, and the length of the time the resident experienced distress and inconvenience.
We have made a new inspection order as the resident told us in February 2026 the windows have not been repaired. This is to be completed by an independent surveyor. We have also ordered an additional £200 in compensation to better reflect the distress and inconvenience caused, as well as time and trouble expended by the resident after the landlord’s final response. The total compensation of £700 is in line with our remedies guidance and proportionate to the failings identified.

Complaint	Handling of the resident’s complaint
Finding	Service failure

The landlord has a 2 stage complaints process. It aims to acknowledge complaints at stage 1 in 48 hours and escalation requests at stage 2 in 5 working days. It says it aims to provide a formal response to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days of the complaint acknowledgement.
We have not seen whether the landlord acknowledged either of the resident’s complaints. However, it provided a formal response at both stages of the process within the timescales set out within its policy and our Complaint Handling Code.
The landlord’s complaint responses did not fully address the resident’s concerns about any potential security issues due to the condition of the windows. This differed to the landlord’s complaints policy wording, which said it would address any ambiguity. It was unreasonable the landlord did not include further detail in its complaints responses as the resident remained concerned about this when she referred her complaint to us.
Although the landlord responded in a timely manner, we have found service failure due to its failure to address all of the resident’s concerns. Having considered our remedies guidance, an apology is required to put things right in the circumstances. We have also recommended the landlord contacts the resident to discuss any security concerns she has related to the condition of the windows.

Learning

Knowledge information management (record keeping) and communication

Our spotlight report on repairs and maintenance explains that failures can be avoided when landlords:
1. Let residents know what to expect regarding repairs and provide a clear schedule for repair visits.
2. Gather feedback from residents and conduct inspections to ensure the work is satisfactory.
The landlord’s limited communication regarding window repairs were conflicting. On occasions it said it would carry out work and then it would not fulfil this. In its final response it said it was uncertain about the scope of works. Distress, inconvenience, time, and trouble experienced by the resident may have been avoided if the followed our spotlight report recommendation.