London Borough of Lambeth (202339244)

REPORT

COMPLAINT 202339244

London Borough of Lambeth

29 September 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

The complaint is about the landlord’s handling of the resident’s:
1. Reports in 2021 about water ingress.
2. Reports in May 2022 that the roof leak had damaged her property.
3. Concerns in 2022 that there were delays with it repairing the roof.
4. Concerns about roof and external repairs required from March 2023.

Background

The resident is a leaseholder of the property, and the landlord is a local council. The property is a converted flat on the lower floor of a 3-floor building.
On 9 August 2021 the resident complained to the landlord that there was water leaking into her property and she had reported this in February 2021. The landlord sent a stage 1 complaint response to the resident on 10 August 2021 and apologised to her. The resident called the landlord on 12 May 2022 and complained about a roof leak that had “gotten worse” and damaged more of her property. On 1 June 2022 the resident emailed the landlord and complained about the length of time taken for roof repairs.
The landlord sent the resident a stage 1 complaint response on 3 August 2022 and offered £790 in compensation. We advised the resident on 27 September 2022 how she could escalate her complaint with the landlord to stage 2. Then on:
1. 17 October 2022 the landlord sent the resident its stage 2 complaint response. It apologised for the delays.
2. On 27 October 2022 the landlord sent another stage 1 complaint response with reference to the resident’s phoned complaint in May 2022. It said it upheld her complaint and it should have communicated better.
3. On 13 February 2023 the landlord confirmed to the resident all external repairs were completed on 15 December 2022.
The resident reported to the landlord on 21 March 2023 that a loss broker had attended her property and said there was an issue with the roof guttering. The landlord raised this with its contractors on 24 April 2023. The resident asked for an update on 10 May 2023 as she wanted the landlord to ensure the roof was repaired. The landlord said it completed guttering repairs on 21 July 2023.
In September 2023 the landlord told the resident a surveyor would inspect the property. On 25 September 2023 the resident asked the landlord when its surveyor would attend and asked about repainting the property. On 26 September 2023 the landlord told the resident an inspection would be carried out by 29 September 2023 and once repairs were completed the resident could make a claim via its insurance team. The resident contacted the landlord about the surveyor appointment and any further action on 6 and 25 October and 2 November 2023.
On 10 November 2023 the resident advised her new carpet was “soaked”. On 17 November 2023 the landlord told the resident that scaffolding would be erected on 27 November 2023 but did not specify where. The resident told the landlord on 13 December 2022 there had been no action by its contractors.
The resident expressed dissatisfaction on 14 January 2024 that the landlord’s contractors had access to her roof via the scaffolding it had already placed. The resident said the property had been soaked with rainwater and her carpet was damaged. The landlord logged the resident’s expression of dissatisfaction via its internal complaints procedure on 22 January 2024. The resident contacted us on 31 January 2024 and said she was concerned about the landlord’s lack of action with roof repairs. The landlord sent its stage 1 complaint response to the resident on 22 February 2024. It said:
1. There was a delay installing additional scaffolding at the front of the property, however it aimed to complete this on 26 February 2024, weather permitting.
2. The resident could claim for damages via her own contents insurance or she could contact its building insurance.
3. It apologised that the resident was not receiving updates.
The resident told the landlord on 1 March 2024 no one had contacted her about the roof repairs. She confirmed to the landlord that she wanted to escalate her complaint on 4 March 2024. It sent its stage 2 complaint response on 9 April 2024 and:
1. Apologised to the resident that scaffolding had not been erected during the week of 26 February 2024. This was because of sickness and resourcing.
2. Acknowledged that the resident should have been informed about a delay to the installation of scaffolding because of resourcing issues.
3. Advised the resident that scaffolding would be erected on 11 April 2024 and it would conduct an inspection on 15 April 2024. Following this, it would advise when works would be carried out.
On 9 April 2024 the resident told the landlord that she had 2 people living at her property with her and she believed mould was affecting their health. The resident asked the landlord for an update on 7 May 2024 as repairs were not undertaken in April 2024. The landlord started roof repairs on 12 July 2024 and said it completed repairs on 23 July 2024. This included:
1. The rear roof area which was liquid coated and it fitted new felt.
2. New roof slates.
3. New fixings for the ridge tiles on the roof.
4. A new finish to the front and rear of the roof.
The resident remained dissatisfied with the landlord’s response and on 3 October 2024 asked us to investigate her concerns. She told us she had been reporting this issue to the landlord since 2020. She also told us she was uncertain if the building insurer would pay out as she had claimed previously.

Assessment and findings

Jurisdiction

When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint point will not be investigated.
Paragraph 42.a. of the Scheme says we may not investigate complaints which are made prior to having exhausted a landlord’s complaints procedure. Unless there is evidence of a complaint handling failure.
The resident received a stage 1 complaint response from the landlord dated 6 October 2021. This was in response to the resident’s reports from February 2021 regarding water ingress. Further, the resident received another stage 1 complaint response from the landlord dated 27 October 2022. This was in response to the resident’s reports in May 2022 that the roof leak had worsened, and damaged her property. There was no evidence that either of these complaints exhausted the landlord’s internal complaints procedure.
Therefore, in line with paragraph 42.a. of the Scheme, the following complaints are outside the Ombudsman’s jurisdiction:
1. The landlord’s handling of the resident’s reports in 2021 about water ingress.
2. Reports in May 2022 that the roof leak had damaged her property.
Paragraph 42.b. of the Scheme says we may not investigate complaints which were brought to the Ombudsman’s attention normally more than 12 months after the resident exhausted the landlord’s complaints procedure.
The resident’s third complaint which she submitted in June 2022, exhausted the landlord’s complaints procedure on 17 October 2022. This was about the resident’s concerns in 2022 that there were delays with it repairing the roof. Following this, the evidence showed the resident did not bring this final response to our attention within 12 months. The resident then contacted us about her roof on 31 January 2024. This contact was in excess of 15 months since the resident received the final response.
As there is no evidence the resident referred her complaint to us within 12 months, the complaint about the landlord’s handling of the resident’s concerns in 2022 that there were delays with it repairing the roof, is outside the Ombudsman’s jurisdiction. This is in line with paragraph 42.b. of the Scheme. As such, we will not comment on the above matters.

Scope of investigation

We have reviewed the resident’s complaint submitted in January 2024, her escalation request, and what was subsequently referred to us. Our investigation will only consider events that took place from 22 January 2023 until the resident exhausted the landlord’s internal complaints procedure (9 April 2024). This was 12 months before the resident’s formal complaint specifically about roof issues entered the landlord’s complaints procedure on 22 January 2024.
New events or reports after 9 April 2024 will not be assessed, unless the landlord made commitments in its final response. Therefore, the resident’s concerns about how mould in the property affected the household is not within the scope of this investigation and was not part of the original complaint. The resident may wish to raise a complaint directly with the landlord regarding any new events since 9 April 2024. This is because the landlord needs a reasonable opportunity to consider issues, and evidence is available for it to reach an informed conclusion.
Our role is not to establish liability. The resident may wish to seek independent advice about dissatisfaction about any insurance claims. However, we will consider any arising distress and inconvenience experienced by the resident as a result of the landlord’s actions or inactions.

Roof and external repairs required from March 2023

The resident’s lease states that:
1. The landlord is responsible for the structure of the building and repairs to the roof, and the gutter.
2. The resident is responsible for the interior walls and floor coverings.
The landlord’s repairs manual echoes the above repair responsibilities. The manual also says the timescales for:
1. An “urgent emergency” repair which is to be attended to in 2 hours and fixed within 24 hours.
2. An emergency repair is within 1 working day.
3. A routine repair is up to 28 working days.
4. A planned repair is 90 days for completion.
The resident told the landlord on 21 March 2023 there were issues at the side of the property connected to the roof guttering. The evidence showed the landlord:
1. Instructed its contractors on 24 April 2023 to complete the repairs.
2. Completed the repairs in 122 days from the resident’s report.
Guttering falls under the landlord’s planned repair timescales. Therefore, the landlord had not appropriately followed its 90 day target, exceeding it by 32 days. It is clear this delay caused the resident distress and inconvenience, as she chased the landlord for action on 10 May 2023.
The landlord’s records showed in September 2023 it tried to organise a roof inspection to check if any further works were required. On 25 September 2023 the resident asked the landlord when it would attend, as well as next steps about repainting the walls. Following this, the landlord:
1. Told the resident she could have claimed for internal decorations via its liability insurance. This response was reasonable at that stage.
2. Advised the resident that a surveyor would attend by 29 September 2023. The evidence showed its surveyor did not attend the property.
While the evidence showed the landlord inspected the roof on 19 October 2023, it had not communicated this and the next steps with the resident clearly. The inspection was also later than the landlord had advised the resident, which was unreasonable. It is clear the resident expended time and trouble chasing the landlord for updates on 3 separate occasions between 6 October 2023 and until 2 November 2023.
The evidence showed the landlord had installed scaffolding to the rear of the property within its 28 working day timescale. While this was in line with its repairs manual, the resident had also put it on notice that her carpet had been soaked with rainwater as early as 10 November 2023. This caused her distress and inconvenience.
From the evidence provided, the landlord did not update the resident about any action it would take until its stage 1 complaint response, which was nearly 3 months after it installed scaffolding. This was unreasonable.
In the landlord’s stage 1 complaint response
1. It appropriately advised the resident to claim on her own contents insurance or contact its building insurance for damages. Signposting the resident to an insurer is what we would expect to see in the circumstances.
2. It told the resident additional scaffolding at the front of the property was required.
The additional scaffolding was not installed on 26 February 2024 as advised, which was inconvenient to the resident. We acknowledge the landlord said it was dependent on the weather and explained contractor resourcing issues to the resident. However, we would expect the landlord to monitor the repairs through to completion. The resident had chased the landlord in March 2024 and expended more time and trouble doing so.
The landlord told the resident in its stage 2 complaint response that it expected to install the additional scaffolding on 11 April 2024. The landlord would then inspect the roof on 15 April 2024 and advise repair timescales. The evidence showed the landlord did not complete the actions it committed to, until 23 July 2024. We acknowledge the landlord completed the repairs in 11 days from when it installed additional scaffolding on 12 July 2024. We have considered that planned repairs are to be completed in 90 days. It was unreasonable it had taken nearly 9 months from its inspection on 19 October 2023 to start these repairs to the roof, due to the delays with it installing additional scaffolding.
Overall, the evidence showed the landlord did not proactively monitor the repair and communicate with the resident. While it acknowledged the delay and its lack of communication in its final response, delays continued until 12 July 2024. We have not seen evidence that the resident was kept updated about the commitments it made in its final response. Additionally, its apology was not enough to put things right. As such, we have found maladministration in the landlord’s handling of the resident’s concerns about roof and external repairs required from March 2023.
As above, there were:
1. Delays which equated to 7 months. The roof guttering repairs were 32 days over target. Additional scaffolding to assess further works, was installed nearly 6 months over the landlord’s 3 month (90 days) planned repairs target. This was unreasonable in the circumstances.
2. Repeated poor communication and lack of updates by the landlord.
Having considered this, the landlord is required to pay compensation which totals £350 to the resident. This reflects the detriment caused to the resident, including the distress, inconvenience experienced, and her time and trouble expended in chasing updates and complaint responses. This award is also in line with our Remedies Guidance. We have made further orders for the landlord to apologise for the failings identified in this report and for it to conduct a case review. This is for it to identify learning from the complaint.

Determination

In accordance with paragraph 42.a. of the Scheme, the complaint about the landlord’s handling of the resident’s reports in 2021 about water ingress, is outside the Ombudsman’s jurisdiction.
In accordance with paragraph 42.a. of the Scheme, the complaint about the landlord’s handling of the resident’s reports in May 2022 that the roof leak had damaged her property, is outside the Ombudsman’s jurisdiction.
In accordance with paragraph 42.b. of the Scheme, the complaint about the landlord’s handling of the resident’s concerns in 2022 that there were delays with it repairing the roof, is outside the Ombudsman’s jurisdiction.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s concerns about roof and external repairs required from March 2023.

Orders

Within 4 weeks of the date of this determination the landlord must:
1. Apologise for the failings identified in this report.
2. Pay the resident £350 for the distress, inconvenience, time and trouble caused by its handling of roof and external repairs.
Within 8 weeks of the date of this determination the landlord is ordered to conduct a case review. This is to identify learning from the complaint with a view for repeat errors to not occur. This is to be shared with us.
The landlord must provide evidence of compliance with the above orders to us.