London & Quadrant Housing Trust (202418159)

REPORT

COMPLAINT 202418159

London & Quadrant Housing Trust (L&Q)

20 May 2025

Amended 19 November 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 which we have 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 reports of damp and mould in the property.
The landlord’s complaint handling has also been considered.

Background

The resident is an assured tenant of a 2-bedroom ground-floor flat, owned by the landlord.
The resident told us that he has been reporting issues to the landlord about damp and mould since 2014. He reported this again in or around November 2022. The landlord inspected the property on 29 November 2022, where it found evidence of damp and mould throughout. It then arranged an independent survey, which took place on 10 January 2023 and recommended significant remedial works, including damp-proofing and replacing damaged fixtures.
The resident complained to the landlord on 12 June 2024. He said it had not rectified the damp problems despite repeated inspections. He asked it to conduct remedial works and pay compensation. It issued its stage 1 response on 12 July 2024. It stated that he should contact its insurance team regarding damage to his belongings but offered £710 in compensation for its service failures. It did not comment on the damp and mould or the remedial works.
The resident asked the landlord to escalate his complaint on 13 July 2024 as he said damp was affecting every room, and he repeated his request that it complete repairs and award additional compensation. The landlord apologised and said it was due to begin works that week, and that it would monitor the situation. It increased its offer by £270, therefore offering a total of £980 in compensation.
The resident referred his complaint to the Ombudsman as he was not satisfied with the landlord’s final response. He told us that he would like it to complete the remaining works and award further compensation.

Assessment and findings

Scope of investigation

We do not dispute the resident’s statement that he has been reporting issues with damp and mould to the landlord since 2014. However, the passage of time makes it difficult to assess historical issues due to the availability and reliability of evidence. We have investigated the events from 29 November 2022 when the landlord carried out an inspection.

Reports of damp and mould

Issues with damp and mould are often complex, and it can take time to find the cause. This can make it difficult for landlords to remedy the problem as quickly as their residents expect. The Housing Ombudsman’s Spotlight report on damp and mould states that a landlord should have a zero-tolerance approach, and its responses must be prompt and reflect the urgency of the issue. We expect landlords to communicate well between teams and departments, and to ensure one team or individual has overall responsibility for making sure it resolves complaints and reports relating to damp and mould, including follow-up or aftercare.
Under Section 11 of the Landlord and Tenant Act, the landlord had a duty to carry out full and effective repairs once it was on notice of a problem. In this case, we have taken this date as November 2022, following an independent inspection. The inspection report provided a detailed account of the property’s condition and the repairs required.
Our Spotlight Report on Damp and Mould clearly states that landlords must:
1. Take a proactive approach to repairs and avoid placing the onus on residents to report recurring issues.
2. Consider temporary rehousing where extensive repairs are required and the property may be uninhabitable.
3. Monitor the effectiveness of repairs and implement aftercare programmes to ensure issues are resolved.
4. Maintain accurate records and follow up on outstanding repairs without relying on residents to chase progress.
The landlord’s inspection of 29 November 2022found damaged plasterwork in the kitchen, missing and broken extractor fans in the kitchen and bathroom, damage to external walls due to problems with the guttering, visible mould and mildew in “various areas”, and excessive moisture due to missing bathroom tiles. Its report noted that it had removed all the tiles on 29 January 2020 due to a leak, although the resident disputes this was the reason. The report also acknowledged that the tiles still not been replaced, and said it needed to do this urgently. It then arranged an independent survey for 10 January 2023. It was good practice to seek an expert opinion as it had identified a range of issues worthy of further investigation. However, there is no evidence that it considered any remedies in the meantime, such as mould washes or temporary rehousing, which may have reassured the resident.
The landlord received the report from the independent survey on 13 January 2023. It recommended that it conduct the following works:
1. Excavate the external concrete path and install new air vents to the brickwork.
2. Insert chemical damp-proofing.
3. Replace rotten door frames in the kitchen and bathroom.
4. Fit a new bathroom suite, retile the wall, and replace the radiator as it was rusty.
5. Fit new kitchen units.
6. Replaster the walls.
7. Fit new humidity-controlled extractor fans in the kitchen and bathroom
The contractor updated the landlord’s maintenance notes on 30 January 2023to say they had visited the resident that day to commence works to the bathroom, however he declined this as he was waiting for the damp-proofing first. It is unclear whether he had any earlier opportunity to raise this with the landlord as there is no record that it provided a repairs schedule or explained the reason for the appointment. There is no evidence that the landlord rescheduled the works or, alternatively, set out the sequencing of the works. This was a service failure.
The landlord has only provided limited evidence of its actions during 2023. Its repairs log states that it overhauled the kitchen extractor fan in February 2023. This also shows notes from its contractor in April 2023 to say they had closed the job for the bathroom, as they had not heard back from the landlord despite requesting updates. The next record is not until 20 December 2023 when it conducted an asbestos check. However, there is no record that it took any further action and by this point it had been almost 1 year since the survey. This was a failure. The landlord was aware of all the works required and it was responsible to ensure they were completed in a timely manner.
The resident complained by phone on 12 June 2024 and followed this up with an email to the landlord on 11 July 2024. He said there was still severe damp and mould throughout the property, despite it sending multiple contractors over the years to investigate. He also listed the following:
1. It had still not replaced his bathroom tiles.
2. He could not use the bath as the frame was rotten, causing it to flood and damage his flooring and carpets.
3. The skirting boards were rotten, and 2 doorframes would not close as the frames were swollen, including a fire door.
4. Mould growth had damaged his clothes, curtains and bedding.
5. He had spent his own money on dehumidifiers and airtight storage boxes.
6. He had been living in substandard conditions for years, which had affected his physical and mental health.
7. He asked it to compensate him for distress and inconvenience, its poor treatment of him, and to reimburse him for damaged items and money spent.
In its complaint response it awarded £80 in compensation for distress, £80 for inconvenience, and £550 for its service failures. It said it had reached the total offer of £710 by considering the time taken to resolve the issues. It was appropriate to acknowledge its failures, however it did not explain why it considered that it had resolved the matter or what it would do next, given that the repairs remained outstanding. Its response was therefore not adequate to fully resolve the complaint.
At that point, it had been 18 months since the independent survey of January 2023. It is reasonable to consider that the landlord was on notice of the repairs when it received that survey report, however in the absence of other evidence we conclude that it had failed to conduct any of the recommended works thus far. This is contrary to the zero-tolerance approach required by our Spotlight Report, as well as its repairs policy which states that it will prioritise damp and mould reports to identify and address the root cause of the issue.
There is no record of the resident’s escalation request however the landlord’s stage 2 response of 6 August 2024 said he had raised this on 13 July 2024. It said he had reiterated his original complaint and requested confirmation of when it would complete the repairs. In its response it said:
1. It was due to start works to the bathroom and plastering that week and would book the remaining works once it had completed this.
2. A single point of contact from its maintenance team would monitor the works until completion.
3. It had not managed the repairs swiftly, had not communicated well and its service was not acceptable.
4. It had amended its offer of compensation to £980, based on its expectation that it would start the works in September 2024. It broke its offer down as follows:
  1. £800 for distress and inconvenience (£40 per month over 20 months).
  2. £100 for time and effort.
  3. £80 reimbursement of the cost of purchasing a dehumidifier.
Although the landlord raised several repairs, it did not provide evidence that these were completed within a reasonable timeframe. Furthermore, its own Stage 2 complaint response dated 6 August 2024 acknowledged that repairs remained outstanding—nearly two years after the initial inspection.
In order to put things right the landlord said that it would aim to complete the repairs by September 2024, which was approximately one month. This approach was not reasonable. While damp and mould can be complex to resolve, it is not acceptable to place the burden on the resident to monitor progress. The landlord should have a process in place to follow up on identified repairs and conduct further investigations if necessary.
Furthermore, once repairs are completed, the landlord must monitor their effectiveness. It was unreasonable to assume the issue had been resolved without verification, and to rely on you to report further problems. A proactive approach, including an after-care program, is essential to ensure repairs are successful and residents are not repeatedly affected.
The landlord has provided evidence that, since its stage 2 response, it has replaced 2 door frames, and replastered the kitchen, wall, bedroom, and living room, which the resident disputes. Additionally, the resident has told us that the landlord has now completed the bathroom repairs. However, there is no clear evidence that it has conducted the following as recommended in the independent survey of January 2023:
1. Excavate the external concrete path and install new air vents to the brickwork.
2. Insert chemical damp-proofing.
3. Fit new kitchen units.
4. Fit new humidity-controlled extractor fans in the kitchen and bathroom
Additionally, the landlord’s records state that it completed works to the front guttering and rear stack pipe in September 2024, which it identified in its own survey of November 2022. However, the resident emailed it on 3 December 2024 to report that the front guttering was still leaking, and it had not replaced the rear stack pipe as the contractors disagreed with the surveyor’s findings. He said this has led to water ingress in the newly installed bathroom and told us that the issue remains unresolved. This indicates a lack of clarity and demonstrates his continued concerns over the works.
As detailed, as part of its Stage 1 complaint response, the landlord offered £160 for distress and inconvenience, and £550 for service failure. At Stage 2, the offer was amended to a total of £980.
It is unclear why the landlord retracted its original offer of £550 for service failure. This amount was previously acknowledged and offered in recognition of its failings, and no justification has been provided for its removal. This lack of transparency and consistency in the compensation process was not reasonable.
In light of this, and in accordance with the principles of fairness and accountability, an order has been made for the landlord to reinstate the original £550 for service failure, in addition to the revised Stage 2 offer. This is because the stage 2 response did not compensate for the service failures and this ensures that the compensation reflects the full extent of the landlord’s failings and the impact on the resident.
In relation to the payment for distress and inconvenience, the landlord’s revised offer was not proportionate to the level of service failure. While the landlord based its calculation on the time elapsed since its own survey in November 2022, this approach did not adequately reflect the nature and severity of the issue, nor the loss of enjoyment of the property during this period.
Furthermore, the evidence shows that some works remained outstanding, even nine months after the landlord’s final complaint response. This ongoing failure to resolve the issue further undermines the adequacy of the compensation offered and highlights a continued impact on your living conditions.
In line with our Remedies Guidance, where a failure has had a significant and prolonged impact on the resident, additional compensation is warranted. The landlord is ordered to pay an additional £750.
The resident also said that he suffered financial loss due to taking time off work. We acknowledge that the landlord’s handling of the repairs caused inconvenience and disruption. However, having reviewed the tenancy agreement, it states that the resident shall allow the landlord access to the property to carry out necessary works.
While this requirement may understandably cause inconvenience, it is essential for the landlord to fulfil its legal obligations under Section 11 of the Landlord and Tenant Act 1985, which requires landlords to keep the property in good repair and to act promptly once notified of any issues.
The landlord’s response recognised its service failures, and its decision to nominate a single point of contact was good practice. However, it is concerning that it has not completed the recommended works in full or explained why it has not done so, and the resident has told us that mould is returning in the bathroom. This has caused avoidable distress and further delays, and could leave residents feeling they have no trust and confidence in their landlord to complete repairs.

Complaint handling

A landlord’s complaint handling should aim to resolve issues quickly, effectively, and fairly. The Housing Ombudsman’s Complaint Handling Code sets out clear expectations for good complaint handling, and all landlords are expected to comply. The Code and further guidance are available on our website.
At the completion of each stage of the complaints process, the Code states that landlords should write to the resident confirming:
1. The complaint stage
2. The outcome of the complaint
3. The reasons for any decisions made
4. Details of any remedy offered
5. Any outstanding actions
6. How to escalate the matter if dissatisfied
The Ombudsman is clear that effective dispute resolution requires a structured process. Where something has gone wrong, a landlord should acknowledge the failure, explain what has been or will be done to put things right, and identify any learning to prevent recurrence.
Upon reviewing the evidence related to the landlord’s handling of damp and mould, it is clear that the Stage 1 complaint response fell short of expected standards. While it correctly directed the resident to its insurance process for damaged belongings, it failed to:

Adequately address the severity of the issue
Detail the investigation undertaken
Identify the failures found
Demonstrate a proactive approach to resolving the concerns raised.

Given the significance of this failure, we recognise that this aspect of the complaint should have been assessed under a separate heading. The landlord’s initial response is a critical part of the complaint handling process, and shortcomings at this stage can contribute to prolonged distress and unresolved issues for the resident.
As such, a finding of maladministration has been made and the landlord is ordered to pay £150 in compensation, in line with our Remedies Guidance.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of the resident’s reports of damp and mould in the property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s complaint handling.

Orders

The landlord is ordered to:
1. Write a letter of apology to the resident for the failures identified in this report.
1. Pay the resident a total of £2430, made up of:
  1. £750 compensation for the distress, inconvenience and upset caused by the landlord’s handling of the damp and mould.
  2. £980 it offered during the complaint procedure, if it has not already been paid.
  3. £550 for the service failure as identified at stage 1 of the process.
  4. £150 for complaint handling failures.
2. Inspect the property to determine if there are any outstanding works.
3. Provide the resident and us with a copy of the Schedule of Works following the inspection and book in any outstanding works. All works should be commenced within 10 working days of the date of the Scope of Works.

Recommendations

It is recommended that the landlord:
1. Review its staff’s training needs with regard to record keeping, complaint handling and remedies, including in light of the findings of this report, the Housing Ombudsman’s Complaint Handling Code, and our remedies guidance.
1. Arrange for staff who deal with complaints to review the Ombudsman’s learning hub and complete the e-learning modules on complaint handling.