London & Quadrant Housing Trust (L&Q) (202345660)

REPORT

COMPLAINT 202345660

London & Quadrant Housing Trust (L&Q)

23 December 2024

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 and response to the resident’s:
   1. Reports of repairs.
   2. Reports of damp and mould.
   3. Reports of cat faeces in the garden.
   4. Complaint.

Background

2. The resident is an assured tenant and has lived in the 2-bed house since 1998.
3. The resident submitted a complaint on 10 October 2023. The complaint was in relation to outstanding repairs. The resident said:
   1. the front door needed replacing and made the family feel unsafe
   2. the kitchen had gaps in the window, open pipework, a rotten sink, fallen tiles, dropped work surfaces and mould
   3. the light in the hall did not work after a leak and there were gaps in the walls and rotten skirting
   4. a bathroom replacement had been started but had not been completed, and she had not had a functioning bathroom since March 2023
   5. there was a strong smell of mould in the bedroom and belongings had been thrown away due to the smell
   6. the neighbour’s cat was leaving faeces in her garden
   7. she wanted confirmation on how the issues would be resolved and compensation for the damaged items, distress and inconvenience caused through lack of basic facilities
4. The landlord responded to the complaint on 11 December 2023. The landlord:
   1. confirmed several visits had been made to the property but there were examples where the resident’s behaviour had caused the operatives to leave the property
   2. explained the housing management team would work with the resident in a constructive and collaborative way to complete the repairs
   3. recognised living with incomplete repairs was unacceptable, but referred to the resident’s behaviour as a reason for them not being completed
   4. partially upheld the complaint stating it should have made a referral to the housing team at an earlier stage
   5. credited the resident’s rent account with £50 for the delay in the complaint response
5. The resident contacted this Service for assistance with the complaint and the landlord was asked to provide its final complaint response by 19 September 2024. The resident remained dissatisfied as the repairs were still outstanding.
6. The landlord provided its final complaint response on 18 September 2024. It:
   1. confirmed the response from the stage 1 complaint in relation to the resident’s behaviour
   2. advised the maintenance team leader would arrange for all the outstanding repairs to be booked in
   3. advised that if verbal threatening behaviour prevented the operatives from completing the repairs, it would take enforcement action
   4. advised it was not responsible for the cat faeces in the garden as it does not attend to external pests

Assessment and findings

Scope of assessment

7. The resident has referred to the impact the situation has had on the health of her and her family, along with damage caused to personal belongings. Although we can consider the impact the situation has had on the resident and whether the landlord acted reasonably, we cannot determine liability for damage to health or belongings. These are matters better suited to an insurance claim or court. Any compensation offer will be assessed in line with our remedies guidance. Should the resident wish to pursue these matters further, she should seek legal advice.
8. The resident has stated some of the issues referred to have been ongoing since 2015. In accordance with paragraph 42.c of the Housing Ombudsman’s Scheme, the Ombudsman may not consider complaints which, in the Ombudsman’s opinion were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matter arising. As such this report will focus on events from September 2022 to 18 September 2024 (the date of the final complaint response) and will only include the issues included in the complaint.

Reports of repairs

9. The landlord’s repair policy states emergency repairs would be attended to within 24 hours and routine repairs completed in an average of 25 calendar days.
10. The Ombudsman expects landlords to complete repairs within a reasonable time. What is reasonable will depend on the circumstances and the nature of the repair. Where there is a delay in completing repairs, the Ombudsman expects landlords to be proactive in:
    1. communicating the cause of delays to residents
    2. explaining to residents what it intends to do about the delays
    3. identifying what it can do to mitigate the impact of delays on residents
11. For clarity, the report will address each repair in turn.

Kitchen

12. The resident reported an uncontainable leak from a kitchen pipe in September 2022. It took 4 months for the landlord to request an asbestos survey on the boxing where the soil pipe had been exposed and the tiling needed to be rectified. This was not appropriate, as it was not consistent with the landlord’s policy. Furthermore, there is no evidence on which the Ombudsman could conclude that this delay was either reasonable or unavoidable. This was a failure by the landlord.
13. On 28 January 2023, a contractor attended to unblock the kitchen sink. To remove the blockage the pipework was removed and reinstated and was left draining as expected. There was no evidence to suggest the sink was rotten.
14. In her complaint in October 2023, the resident said:
    1. the window was coming away from the wall
    2. the pipework was still exposed following the leak
    3. the sink was rotten
    4. the tiles were falling off
    5. the work surfaces had dropped
15. There is no evidence that the landlord has inspected the kitchen or identified any repairs. This was unreasonable and shows the landlord has not fulfilled its repair obligations or adhered to its policy.

Hallway

16. Following a leak from the bathroom on 10 March 2023, the landlord raised an order for the light in the hallway to be reconnected. This was completed on 21 March 2023 which was11 days later. This was reasonable because it was consistent with the landlord’s policy.
17. On 10 October 2023, the resident told the landlord the light had been fixed after the leak, but it was still not working. She also raised issues with holes in the walls and rotten skirting boards.
18. The evidence indicates that the landlord repaired the hallway light on 22 October 2024, which was 1 year after the resident reported the repair. The time taken was unreasonable because it was not in line with its policy.
19. There is no evidence the landlord has inspected the hallway walls or skirting. Therefore, it is not possible to determine what repairs are needed, if any at all. These were significant failures by the landlord.

Bathroom

20. On 22 September 2022 a contractor confirmed it had completed the following repairs to the bathroom:
    1. removed the tiles around the bath, toilet, and basin
    2. installed a new bath with shower mixer taps and new bath panel
    3. installed a new toilet and pan connector and a new basin and pedestal
    4. hacked off the tiles, rendered the walls and prepared them for tiling
    5. it noted it could not complete the tiling due to the resident’s behaviour
21. A contractor attended the property on 7 November 2022 to complete repairs to the bathroom. Due to a lack of adequate records, it is not clear what the contractor was asked to do. In addition, the landlord has not evidenced why it took 2 months to allocate the work to a different contractor. This was unreasonable and prolonged the completion of the repairs.
22. The contractor said it had to leave the repairs unfinished due to the resident asking for more work than what it had been assigned. The landlord tried unsuccessfully to speak to the resident on 1 December 2022 to discuss the scope of work.
23. The evidence shows the resident chased the landlord for updates throughout January 2023, however there was no contact with the resident until March 2023. The delay in communication was unreasonable and was a failure by the landlord.
24. On 10 March 2023, the resident confirmed the contractor had attended but had not sealed the bath, toilet or basin and had not tiled the walls. The resident said she did not have a working bath, toilet, or basin.
25. On 13 March 2023 the landlord passed the outstanding work to a different contractor as the initial contractor said it would not return to the property. This was reasonable in the circumstances. However, there is no evidence the landlord made reasonable efforts to progress the repairs at this time. On 16 June 2023, the resident asked the landlord for an update. This was unreasonable.
26. In her complaint on 10 October 2023 the resident said the bathroom had still not been finished and she had been without a functioning bathroom since March 2023. The landlord has evidenced attempts to access to complete the tiling, however access was not granted, however due to a lack of evidence, the Ombudsman is unable to conclude if or when the repairs were completed in the bathroom.

Front door

27. On 22 September 2022 the landlord wrote to the resident to confirm a repair had been raised for the front door which did not shut properly. On 23 September 2022, it was inspected by a contractor who said:
    1. it had been recently installed but had cracked and split
    2. it had been wrongly or poorly installed
    3. the door opening was too large and there were gaps around it
    4. the surrounding wall was damaged due to the install
    5. the lock plates were wrongly installed
    6. the door cill was wrongly installed, and water penetrated through to the property
    7. the door and frame needed renewing
28. The landlord confirmed it would look at the door with a view of replacing it, however, there is no evidence of any action being taken. On 13 January 2023, the resident had to chase the landlord for an update. This was unreasonable and was not in line with policy.
29. Due to a lack of progress, the resident raised this issue in her complaint on 10 October 2023, on 25 January 2024 and again in the complaint escalation in September 2024.
30. The landlord raised a repair on 30 October 2024 for the door to be measured and ordered. This was almost 2 years after it was first inspected. There is no evidence that this delay was either reasonable or unavoidable. Furthermore, there is no evidence that the landlord has completed the repair.
31. This is not acceptable. It should not be necessary for the Ombudsman to make orders for the landlord to complete repairs that it has already been aware of for several years. This was a significant failure by the landlord.
32. Considering the circumstances, the Ombudsman finds maladministration in relation to the landlord’s handling and response to reports of repairs. This is because:
    1. there were unreasonable delays in completing the repairs
    2. the landlord failed to communicate the reasons for the continued delays with the resident
    3. the repairs remain outstanding
    4. the landlord failed to offer redress that acknowledged the level of service failures identified within this report

Reports of damp and mould

33. The landlord’s damp and mould policy states it will:
    1. establish if an immediate repair is required and will act in accordance with its repair policy (as per paragraph 9)
    2. assess the property within 20 working days to understand the scale of the problem and identify the underlying cause
    3. provide the resident with guidance on managing mould in the property
    4. raise any work identified within 10 working days of the assessment
34. The resident referred to mould in the property within her complaint on 10 October 2023. There is no evidence to confirm how the landlord responded to the report of mould. This was not appropriate and was not in line with its policy. This was a failure by the landlord.
35. The resident raised the issue again with the landlord on 25 January 2024, but again there is no evidence of any action from the landlord. This was another missed opportunity by the landlord and showed a lack of compliance to its damp and mould policy.
36. The landlord did not request a survey of the property until 9 October 2024, 1 year after the initial complaint There is no evidence for the Ombudsman to conclude that the delay in arranging the inspection was reasonable or unavoidable. This was a significant failure by the landlord.
37. An inspection of the damp and mould took place on 19 November 2024, which was 13 months after the resident reported the problem. This timescale was unreasonable and not in line with policy.
38. There is no evidence the landlord identified the extent of the damp and mould, it’s likely causes, or possible repairs at its inspection.  This was not consistent with the landlord’s policy. This was a failure by the landlord.
39. In summary, the Ombudsman finds maladministration in relation to the landlord’s handling of and response to reports of damp and mould in the property. This is because:
    1. there was a lack of evidence from the landlord to show it responded to the reports when received from the resident
    2. there was an unreasonable delay in inspecting the property for any underlying causes of damp and mould
    3. there was no evidence the landlord treating the mould while inspections were pending
    4. the cause of damp and mould is still unknown

Reports of cat faeces in the garden

40. The landlord’s repair policy and pest policy states it will deal with pests within the home. The landlord’s responsibility does not include cats.
41. The resident raised the issue of the neighbour’s cat leaving faeces in her garden within her complaint. The landlord informed the resident that it did not attend to external pests, and it was her responsibility to resolve.
42. The Ombudsman acknowledges that it would be desirable to the resident if the landlord took action to prevent cat faeces in her garden. However, there is no evidence that the landlord was responsible for this. Furthermore, the Ombudsman recognises that it is common for pet cats to be allowed outside unsupervised.
43. Considering all the circumstances, there was no maladministration by the landlord in its response to the resident’s reports of cat faeces.

The complaint

44. The landlord operated a 2-stage complaint policy. Stage 1 complaints will be acknowledged within 5 working days. Stage 1 complaints will be responded to within 10 working days and stage 2 complaints within 20 working days. If at any stage more time is needed, this will be communicated to the resident.
45. The resident complained on 10 October 2023 by letter. The landlord received the letter on 23 October 2023 and acknowledged the complaint on 26 October 2023. This was in line with policy.
46. The landlord provided its stage 1 complaint response on 11 December 2023, which was 32 working days later. This was not appropriate, as it was not consistent with the landlord’s policy.
47. The resident contacted this Service on 23 August 2024 as she had not received a response to her complaint escalation from 1 July 2024. There is no evidence that the resident escalated her complaint on 1 July 2024. What is known is that this Service instructed the landlord to provide its final response by 19 September 2024.
48. The landlord provided its final complaint response on 18 September 2024. This was appropriate, as it was consistent with the Ombudsman’s expectation.
49. Considering all the circumstances, it is the Ombudsman’s opinion that there was service failure by the landlord in its handling of the resident’s complaint. This is because:
    1. the landlord failed to follow policy
    2. there was a lack of communication
    3. it did not identify any learning to prevent a recurrence of the issues
    4. it did not offer appropriate redress for the delay in the response

Determination

50. In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in relation to the landlord’s handling of and response to the resident’s reports of repairs.
51. In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in relation to the landlord’s handling of and response to the resident’s reports of damp and mould.
52. In accordance with paragraph 52 of the Scheme, the Ombudsman finds no maladministration in relation to the landlord’s handling of and response to the resident’s reports of cat faeces in the garden.
53. In accordance with paragraph 52 of the Scheme, the Ombudsman finds service failure in relation to the landlord’s handling of the resident’s complaint.

Orders

54. Within 4 weeks of the date of this report, the landlord must:
    1. write a letter of apology to the resident. This should refer to the failures highlighted in this report and any learning identified to prevent a recurrence.
    2. pay the resident £700 compensation. This is made up of the following:
       1. £400 for the failures in responding to the repairs
       2. £200 for the failures in responding to the damp and mould
       3. £100 for the complaint handling failures
       4. This is inclusive of the compensation previously offered by the landlord. Therefore, the landlord may deduct from this total any compensation it may already have paid in relation to this complaint.
       5. The payment should be made directly to the resident and not offset against any debt that may be owed. The landlord must provide this Service with confirmation of the payments.
55. Within 4 weeks the landlord must:
    1. contact the resident to arrange a property inspection. It should agree all the outstanding repairs referred to in this report and provide the resident and this Service with a timetable to show when the repairs will be completed
    2. confirm its arrangements to post inspect all the work once completed to ensure it has been done to an acceptable standard.