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London & Quadrant Housing Trust (202422284)

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REPORT

COMPLAINT 202422284

London & Quadrant Housing Trust (L&Q)

2 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

  1. The resident’s complaint is about the landlord’s handling of a boiler repair.

Background

  1. The resident is an assured tenant of the landlord, which is a housing association. The resident lives with her 3 children, all under 5. The property is a 2-bedroom house.
  2. The landlord’s contractor conducted a gas safety check on the resident’s boiler on 9 August 2024, identifying a new part was required. The landlord’s notes show the contractor advised it a temporary fix was required (while waiting for a new part) as there was no heating or hot water.
  3. The landlord’s notes state the resident reported an uncontrollable leak from the hot water cylinder on 22 August 2024 which the landlord’s contractor attended to the following day.
  4. The resident sent a formal complaint to the landlord on 2 September 2024. She complained of numerous visits to resolve a problem with her boiler. She was unhappy at the poor communication that resulted in her having to chase the landlord and contractor. She complained she was without heating and any cold or warm running water from 8 August 2024 to 30 August 2024. She also complained of the contractor breaking her ladders. She stated she was considering medical assistance due to the stress and wanted compensation for this and the inconvenience caused.
  5. The landlord provided its stage 1 complaint response on 5 September 2024. It provided a summary of the resident’s complaint and a timeline. It upheld the compliant, apologised and offered her £200 compensation.
  6. The resident escalated her complaint on 5 September 2024 as she was unhappy with the amount of compensation offered.
  7. The landlord provided its stage 2 complaint response on 12 September 2024. It explained it had contacted its contractor who advised it would not increase the compensation. It explained its contractor calculated the total £200 compensation as £10 per day for every day outside its service level agreement (£90) and £110 due to the levels of delays. It advised its contractor attended on 9, 19, 22, 23, 27, 29 August 2024 to repair the boiler. It explained its contractor required new parts, as well as electrical work to resolve wiring issues. Its contractor attended on the 30 August 2024 when the services were restored. It provided its insurance details for the resident to consider making a claim regarding the ladders the contractor broke.
  8. The resident brought her complaint to us and advised she had been without heating, running hot/cold water and electricity for just under a month. She wished for more compensation to reflect the stress and inconvenience caused. She stated she was considering medical help due to the effects this had on her. The resident reported at the time the landlord had fixed the issues with her boiler. She recently reported further boiler issues in 2025, and making numerous service requests until she received a new boiler around June 2025.

Assessment and findings

Scope of investigation

  1. The resident has raised concerns about the impact of the landlord’s actions on her mental health (stress). Although we can consider the likely distress and inconvenience any identified failings may have caused, we cannot determine liability for personal injury. We are not qualified to make an assessment as to how the landlord’s actions might have caused a medical condition or resulted in a deterioration of an existing condition. Any such claim would be more appropriately progressed through insurance or the courts. If the resident wishes to pursue a personal injury claim, she should seek independent advice.
  2. In the resident’s complaint to us she stated that her electricity was also not working throughout the 22 days, however she did not raise this complaint with her landlord. She has also advised she had further boiler issues in 2025 that led to a boiler replacement around June 2025. Any new issues or repairs raised will not be considered as part of this investigation. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to our involvement. This investigation has centred around the landlord’s handling of the boiler repairs in August 2024 and the issues raised within its complaint process. If the resident wishes to complain about issues after this, she should first make a formal complaint to her landlord to allow it a chance to investigate the complaint. If the resident remains unhappy with the landlord’s responses, she could thereafter request us to investigate.

Legal and policy framework

  1. The landlord is required to make sure that it responds to the resident’s reports of repairs in line with its responsive repairs policy’s obligations and timeframes. The policy states that the landlord will deal with emergency repairs posing a threat to safety within a maximum of 24 hours and non-emergency repairs within an average of 25 calendar days.
  2. The landlord’s discretionary compensation policy states it would consider offering compensation to acknowledge any distress and convenience experienced as well as any time and effort made by the customer to put the issue right. It has a fixed £20 compensation payment for missed appointments where there was not at least 24 hours’ notice (landlord or contractor).
  3. The landlord’s compensation policy states where a personal item is broken by its contractor it would provide its insurance details to allow the resident to make a complaint. It states it will not consider this under its complaint handling procedure.

The landlord’s handling of a boiler repair

  1. It is not in dispute that the landlord is responsible for the boiler under Section 11 of the Landlord and Tenant Act 1985, where landlords are required to repair and maintain systems that provide heating and hot water. This is also reflected in the resident’s tenancy agreement, which states that the landlord is responsible for keeping in good repair and proper working order any installations provided by it for water, gas, electricity, heating, and sanitation, including water heaters.
  2. The Landlord and Tenant Act also requires landlords to compete works in a “reasonable” timescale, and to a standard that keeps the property fit for occupation. There is no statutory definition of a reasonable timescale, but relevant factors include the extent of the repair, availability of parts, and the effect on the resident.
  3. The landlord’s file shows it appropriately identified a boiler issue during a gas safety check on 9 August 2024. Its file states the contractor advised the landlord to raise a job to have a temporary boiler fix while waiting for the new part as there was now no heating or hot water. The landlord has however provided insufficient evidence to demonstrate what actions it took next. Its records are unclear and conflict with its complaint responses, as jobs are marked as completed when the repair has not been done. The landlord’s repair logs do not hold all 7 dates attended provided by it in its complaint response. It was unreasonable the landlord was not able to clearly evidence its decision making or that it had temporarily fixed the boiler.
  4. The landlord’s file indicates its contractor switched the property’s water supply off on 22 August 2024. The resident reports this was not reconnected until the boiler was repaired on 30 August 2024.
  5. There is no evidence the landlord acted appropriately and considered the effect the loss of these services had on the household. It would have been appropriate for the landlord to have conducted a risk assessment which would have identified there were 3 children under 5 within the property who may have been vulnerable due to the loss of services. The landlord has not evidenced it had considered any interim measures such as gym access (for washing facilities), a property decant or temporary cold-water supply. Its failure to evidence doing any of the above was not reasonable.
  6. Although the landlord’s repair records were not complete it has not disputed its contractor attended on 9, 19, 22, 23, 27 and 29 August 2024 to make repairs. The landlord has also not disputed the contractor was able to purchase the part and fit it the same day on 30 August 2024. It has also not disputed its contractor previously obtained the correct part (unknown date) and fitted it to a neighbour’s boiler in error, causing an unnecessary delay and missed appointment. It is understandable where parts are required there may be a delay in repairs, especially where it is complex. The evidence indicates the repair, although requiring an electrician and plumber was not complex and as the contractor was able to purchase the part the same day on 30 August 2024 the delay of 22 days (8 August to 30 August 2024) to restore heating and hot/cold water was unreasonable.
  7. The resident reports having to chase the landlord and the contractor throughout the period she had a loss of services. Although we do not dispute this, we are unable to fully investigate the landlord’s communication, again due to the lack of information provided by the landlord, which is inappropriate. Other than the landlord’s complaint responses it has failed to evidence any timely communication with the resident, or that it made attempts to ensure she was kept updated. The landlord has also failed to evidence any timely communication with its contractor throughout the life of the repair. This was not an appropriate, customer orientated approach. We expect landlords to monitor and maintain its communication, to ensure residents are regularly updated. This helps deliver clear, effective, and timely communication, which is essential to an effective repairs and complaints handling process. We have made a recommendation below for it to remind its staff of the importance of this.
  8. Without good knowledge and information management (KIM) a landlord is unable to deliver its services efficiently and effectively. It is imperative that a landlord maintains accurate records to keep both the property and the resident safe now and in the future. The landlord’s inability to provide evidence of these records demonstrates its failure to effectively monitor its heating contractor. It is therefore unclear how the landlord assessed the effects of the loss of services to the resident’s household. We have made a recommendation below for it to consider the findings in the Ombudsman’s spotlight report on KIM.
  9. The landlord advised the resident of its insurance details to allow her to make a claim for the broken ladder. It was positive the landlord clearly explained this to the resident in its complaint responses and this was in line with its compensation policy. However, there is no evidence it acknowledged the sentimental value to the resident and the distress this caused. It would have been reasonable for the landlord to have shown empathy and understanding in response to the resident’s reported distress.
  10. The landlord’s offer of £200 compensation in its stage 1 (5 September 2024) and stage 2 (12 September 2024) complaint response was compensation calculated by its contractor as £10 per day outside its service level agreements (£90) and £110 due to the level of delays. The landlord failed to consider the effect of no heating and running water for a prolonged period on a family with young children and appropriately reflect this when considering appropriate compensation. The Housing Ombudsman’s Complaint Handling Code (the Code) states that the landlord’s complaint handler must act independently and have the authority and autonomy to act to resolve disputes promptly and fairly. Its failure to do so was unreasonable.
  11. The landlord also failed to offer £20 compensation in line with its complaint policy for its contractor’s missed appointment on an unknown date, where it fitted the part to a neighbour’s boiler.
  12. The landlord has not fully acknowledged the distress and inconvenience caused by the unnecessary delay on the household. It also failed to evidence effective communication or learning to ensure it does not happen again. For these reasons we have found there to have been maladministration in the landlord’s handling of the boiler repair.
  13. We have made an order for the landlord to pay additional financial compensation of £270 (including £20 for a missed appointment) to reflect the full inconvenience and distress caused to the resident and her family. This sum is in line with our remedies guidance which says such a sum is appropriate where there has been a failure which adversely affected the resident but did not have a permanent impact.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s handling of a boiler repair.

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this report, the Ombudsman orders the landlord to pay the resident £470 compensation (including the £200 already offered during its complaints process if it has not been paid already) comprising:
    1. £200 already offered during its internal process.
    2. £250 for the distress and inconvenience caused by its handling of a boiler repair.
    3. £20 for its missed appointment.
  2. Within 4 weeks of the date of this report, the Ombudsman orders the landlord to confirm compliance with the above orders.

Recommendations

  1. The Ombudsman recommends the landlord consider the findings and recommendations of our Knowledge and Information Management Spotlight report if it has not already done so. This is to help improve its record keeping.
  2. It is recommended the landlord remind its staff responsible for investigating complaints of the importance of a meaningful complaint investigation that seeks to learn from outcomes and put things right for the resident. It should also highlight the need for its staff to act independently when investigating complaints.