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London & Quadrant Housing Trust (202327844)

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REPORT

COMPLAINT 202327844

London & Quadrant Housing Trust (L&Q)

15 August 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

  1. The complaint is about the landlord’s handling of window repairs at the resident’s property.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident was an assured tenant of a 2-bedroom house with the landlord from March 1993 to 29 January 2024. The landlord’s records say the resident suffers from chronic obstructive pulmonary disease (COPD). The resident used a representative during the complaint to the landlord.
  2. On 12 September 2022 the landlord recorded it would inspect the windows at the resident’s property as it has been told the frames were holding moisture.
  3. The landlord’s surveyor inspected the property on 26 April 2023. They said the wooden window frames should be replaced. The landlord’s operative attended to fit new windows and French doors at the property on 1 September 2023.
  4. The resident’s representative complained to the landlord on 4 September 2023 about the delays and standard of the window repairs. The landlord acknowledged the complaint the same day.
  5. The landlord sent its stage 1 complaint response to the representative on 11 October 2023. The landlord apologised for its operative’s poor workmanship in fitting the new windows.
  6. The representative escalated the complaint on 12 October 2023. The landlord acknowledged the complaint the same day.
  7. On 26 October 2023 the landlord sent its stage 2 complaint response to the representative. It apologised and offered £300 for its handling of the window repairs.
  8. The representative contacted us on 13 November 2023 as the resident remained dissatisfied with the landlord’s handling of her complaint.

Assessment and findings

Scope of investigation

  1. The landlord concluded its internal complaints process on this matter on 26 October 2023, and the matter was referred to us the following month. The evidence shows ton 29 January 2024 the tenancy agreement changed to a new landlord.
  2. The scope of this investigation is limited to the assessment of the actions of the resident’s original landlord. This is because it was responsible for handling the resident’s complaint. The new landlord has not had a complaint made to it by the resident. This investigation will focus on events that took place between 12 September 2022, the date the landlord first became aware of an issue with the windows, through to 28 January 2024 which was the final day the original landlord was in a tenancy agreement with the resident. Any events mentioned outside this period in this assessment are for the purpose of providing context only.
  3. If the resident wishes to complain about matters post 29 January 2024, she should raise a complaint in the first instance with her current landlord.

The landlord’s handling of window repairs at the resident’s property

  1. On 12 September 2022 the landlord recorded it would inspect the windows at the resident’s property as it had been told the wooden window frames were holding moisture. The landlord has not recorded when it was first made aware there were issues with the windows.
  2. The landlord inspected the windows on 3 November 2022. It recorded the window frames at the property were rotten and had holes in them. The landlord decided on 9 December 2022 to re-paint the window frames within 20 working days. It is not recorded if the resident was told it would carry out this repair.
  3. The landlord’s repairs policy states it should carry out routine repairs within 25 working days. The evidence shows the landlord took 7 weeks to inspect the property following the report the window frames were defective. This was outside of the timescales set out in its policy. There is no evidence the landlord carried out the repainting to the frames as it stated it would on 9 December 2022.
  4. The landlord’s surveyor inspected the windows at the resident’s property on 26 April 2023. They said all the wooden window frames were rotten and they needed to be replaced by UPVC windows. The landlord’s repairs policy states that where age, and wear and tear affect windows and doors they will be replaced through planned programmes of work. The policy does not give a timescale for when planned programmes should be completed, however, it is reasonable to expect the landlord to provide the resident with a schedule for these works. The landlord has not provided evidence to show it gave a timescale to the resident for when the works would be carried out. There is no evidence temporary repairs or action to improve the situation was conducted at the material time of the surveyor inspection.
  5. The landlord’s operative attended the property on 1 September 2023 to replace the windows and French doors.
  6. On 4 September 2023 the resident’s representative complained to the landlord. She said the operative did not fit the new windows or doors correctly, and the hinges were incorrect installed so they would not open properly. She said a bedroom window had been left without glass and had to be boarded. She said the resident was elderly and vulnerable and she was unhappy with the work carried out. The landlord told the representative on 13 September 2023 it would arrange for the works to be inspected. It said the bedroom window would be repaired on 16 October 2023.
  7. The landlord’s surveyor inspected the property on 18 September 2023. On 2 and 3 October 2023 the surveyor sent the representative a list of the remedial repairs the landlord would carry out to the windows, the French doors and a crack in a bedroom wall caused by the new window installation.
  8. The representative emailed the landlord on 4 and 9 October 2023. She said the resident suffered from COPD. She said the resident needed access to fresh air due to her condition, but she could not open the windows and doors properly due to the poor installation. The representative added the resident was elderly and had to climb on steps to try to open the new windows, which was dangerous. The landlord has no record of being aware the resident suffered from COPD prior to this.
  9. The landlord’s vulnerable resident policy states it can adjust its service standards to carry out repairs where a delay would put the resident at risk because of their condition.
  10. On 11 October 2023 the landlord sent its response to the representative at stage 1 of its complaints process. It apologised for its operative’s poor workmanship. The landlord said it would carry out remedial repairs to the property on 21 November 2023.
  11. Analysis of the landlord’s complaint response shows although it apologised for not carrying out the repairs to standard, it did not offer any redress to the resident for this or the delays in taking action. This was not in line with its compensation guidance policy, which states an award of compensation can be made when the landlord does not complete repairs within its policy timescale, or the repairs are not satisfactory.
  12. The evidence also shows the date the landlord arranged for the remedial repairs to take place was outside of its policy timescale. There is no evidence the landlord took any measures to arrange the repairs to occur within its policy timescale, or sooner, despite knowing it the resident was vulnerable. The failure to comply with its policy in this instance or demonstrate it had considered the vulnerabilities of the resident in the circumstances, was unreasonable.
  13. The representative contacted the landlord on 12 October 2023 and said the resident remained dissatisfied with its complaint response.
  14. The landlord sent its stage 2 complaint response to the representative on 26 October 2023. The landlord apologised and offered £200 compensation to the resident for the distress and inconvenience the issues had caused her, as well as £100 compensation for the time and effort taken to resolve the complaint. It said the remedial repairs would take place on 21 November 2023.
  15. The landlord’s complaint response shows it apologised and offered compensation for the delays in carrying out repairs. The landlord also gave details of when it would do the remedial repairs.
  16. The representative emailed the landlord on 26 October and 6 November 2023 as the resident remained dissatisfied with its complaint response and the compensation offer.
  17. The landlord wrote to the resident on 13 November 2023. It said her property would be transferred to a new landlord on 29 January 2024. The landlord said she should continue to report any repair issues to it and to contact it for progress of any outstanding repairs prior to the transfer.
  18. On 11 December 2023 the representative emailed the landlord as no remedial repairs had been carried out as agreed. The landlord replied the same day and said its contractor had told it they contacted the resident, but she told them the works had been completed. The representative denied the contactor had contacted her or the resident and said no works had been completed. The landlord apologised for the misunderstanding on 13 December 2023. It said it would arrange another repair appointment.
  19. The representative emailed the landlord on 10 and 15 January 2024 and said she had not been contacted about the repairs. The landlord replied on 16 January 2024 and said its contractor had told it they did not cover the area where the property was so they could not do the repairs. The landlord said the resident’s property was due to be transferred to a new landlord shortly, so the new landlord would arrange the outstanding repairs. The representative emailed the landlord on 17 January 2024 and said it should carry out the repairs as it had previously agreed.
  20. The landlord wrote to the resident on 29 January 2024. It said the property had transferred to the new landlord. It said the new landlord was responsible for any outstanding repairs at the property.
  21. The representative has told us the remedial repairs were completed by the new landlord on 18 June 2024.
  22. Throughout the timeline of the resident’s complaint, the evidence shows there were substantial delays by the landlord to effectively carry out repairs to the windows and then it did not carry out the required remedial works as promised. Both of the landlord’s complaint responses recognised there had been delays in addressing the issues raised, and it apologised for this. The landlord offered £300 compensation for the distress and inconvenience the lack of action caused the resident.
  23. In its complaint responses the landlord committed to carrying out remedial repairs to its initial works, but it did not do so. The evidence shows the landlord did not complete the repairs, and instead they were passed on to a new landlord when the property was transferred to it in January 2024. This was in addition to a history of works not being conducted as promised and extended delays. The landlord’s failure to follow through with its agreed actions and put things right for the resident was unreasonable.
  24. Where there are admitted failings by a landlord, our role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we take into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: Be Fair, Put Things Right and Learn from Outcomes as well as our own guidance on remedies.
  25. The evidence shows the landlord failed to carry out repairs within its policy timescales, and it did not carry out remedial works despite accepting the initial repairs were not up to standard and being aware the resident had a health condition which was impacted by the situation. It failed to resolve the matter before it transferred the resident’s tenancy to a new landlord, despite having ample opportunity to put things right prior to the exchange. Its offer of £300 was not proportionate to the levels of failures outlined which caused a vulnerable resident distress and inconvenience.
  26. These combined failings lead to a determination of maladministration. The landlord is ordered to pay £1,000 compensation for the distress and inconvenience caused by its failings. This amount of compensation has been calculated in accordance with our remedies guidance and is appropriate for circumstances where the landlord has acknowledged failings and made some attempt to put things right but failed to address the detriment to the resident and offered an amount which was not proportionate with the identified failings from our investigation.

Complaint handling

  1. The landlord operates a 2 stage complaints process. Its complaints policy states it will acknowledge complaints by the end of the next working day it is raised. It should respond to stage 1 complaints within 10 working days. It should acknowledge stage 2 complaints within 5 working days of the escalation and respond to them within 20 working days. This is in line with the Ombudsman’s Complaint Handling Code (the Code).
  2. The resident’s representative complained to the landlord on 4 September 2023. The landlord acknowledged the complaint the same day.
  3. The landlord sent its stage 1 complaint response to the representative on 11 October 2023. This response was 7 working days outside of its complaints policy timescale.
  4. The representative escalated the complaint on 12 October 2023. The landlord sent a stage 2 complaint acknowledgement to the representative the same day.
  5. The landlord sent its stage 2 complaint response to the representative on 26 October 2023. This was within its complaints policy timescale.
  6. In summary, the evidence shows in the main that the landlord complied with the process set out in its complaint policy, however, it did not adhere to the timescale required in replying to the resident’s complaint at stage 1 of its internal complaints process. This failing, together with the failure identify this error and to offer redress for it in its stage 2 response, leads to a determination of service failure in the landlord’s complaint handling. The landlord is ordered to pay £50 compensation to the resident for the distress and inconvenience caused by its complaint handling failing.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of window repairs at the resident’s property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its complaint handling.

Orders

  1. Within 4 weeks of the date of this report, the landlord is ordered to:
    1. Provide the resident with a written apology for the failures outlined above.
    2. Pay £1,050 compensation to the resident (the landlord can deduct from this total the £300 offered as part of its internal complaints process if already paid). The balance should be paid directly to the resident. The compensation comprises of:
      1. £1,000 for the distress and inconvenience caused by its handling of window repairs at the resident’s property.
      2. £50 for the distress and inconvenience caused by its complaint handling.
  2. The landlord will conduct a review of the key failures identified in this report. It should identify what steps it will put in place to ensure vulnerable residents, who have outstanding repairs and are due for a transfer to a different landlord, receive an appropriate level of service to end their tenancy and any remaining issues are clearly identified to the new landlord. Within 8 weeks of the date of this report the landlord should provide a summary of its review to this Service, highlighting any learning and change of approach following its review.
  3. The landlord should reply to us with evidence of compliance of these orders within the timescales set above.