London & Quadrant Housing Trust (202505387)

Decision
Case ID	202505387
Decision type	Investigation
Landlord	London & Quadrant Housing Trust
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	11 November 2025

Background

The resident is a tenant of the landlord. He lives with his wife and child. The property is a 2-bedroom flat on the fourth floor of a block. The flat above is also owned by the landlord and occupied on an assured tenancy.

What the complaint is about

The landlord’s handling of the resident’s:
1. Reports of leaks from the property above, causing damage to the kitchen and bathroom.
2. Request for a new kitchen and bathroom.
3. Associated complaint.

Our decision (determination)

We found:
1. Maladministration in the landlord’s handling of the resident’s reports of leaks from the property above, causing damage to the resident’s kitchen and bathroom.
2. Maladministration in the resident’s request for a new kitchen and bathroom.
3. No maladministration in the landlord’s complaint handling.

We have made orders for the landlord to put things right.

Summary of reasons

In summary, the Ombudsman found that the landlord:
1. Did not abide by its repairs policy and tenancy agreement in respect of the leak.
2. Carried out an independent inspection of the resident’s kitchen and bathroom.
3. Complied with its repairs policy in respect of the kitchen and bathroom replacement but gave confusing information to the resident.
4. Complied with its complaints policy and our Complaint Handling Code (The Code).

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Order	What the landlord must do	Due date
1	Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: The apology is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance.	No later than 12 December 2025
2	Inspection Order The landlord must contact the resident to arrange an inspection. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by someone suitably qualified to complete an inspection of the type needed. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that a suitably qualified person/s: Inspects the kitchen and bathroom. This includes the kitchen and bathroom cupboards, walls and ceilings. Inspects the drainage/plumbing in the flat above (particularly the wastewater pipes). The survey report must set out: If the property is fit for human habitation and whether there are any hazards. If the landlord is responsible to repair or resolve the issue together with reasons where it is not responsible. A full scope of works to achieve a lasting and effective repair to the issue (if the landlord is responsible) The likely timescales to commence and complete the work If temporary alternative accommodation is necessary either because of the condition of the property or during the works	No later than 19 December 2025
3	Compensation Order The landlord must pay the resident a total of £1,400 which is made up of: £1,000 to recognise the distress and inconvenience caused by its delays to repair the leaks and associated repairs. £400 to recognise the distress and inconvenience caused by its communication issues regarding the kitchen and bathroom replacement. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date.	No later than 12 December 2025
4	Order to refer the resident’s request for a new kitchen and bathroom to its asset team and provide a decision with reasons The landlord must refer the resident’s request for a new kitchen and bathroom to its asset team, as outlined in its stage 2 complaint response. It must provide the resident with reasons for its decision by the due date.	No later than 12 January 2026

Our investigation

The complaint procedure

Date	What happened
23 March 2022	The resident reported a leak coming from the flat above. He reported wastewater and sewage coming into his kitchen and bathroom.
4 September 2023 to 8 November 2023	The resident reported 3 further uncontainable leaks and sewage coming from the flat above into his kitchen and bathroom. The landlord noted that the flat above had been void for 2 years but was now occupied and the leaks had reoccurred. The resident made a complaint to the landlord.
12 January 2024	The landlord resolved the leak and offered the resident £180 compensation for time, and trouble, and distress, and inconvenience. The resident refused the compensation and instructed a solicitor to pursue a disrepair claim (which did not go to court).
8 February 2024	The landlord engaged an independent surveyor to inspect the resident’s kitchen and bathroom. The surveyor recommended the following works: In the kitchen the landlord to replace and repaint the damaged plasterboard, replace the damaged wallpaper, repaint the damaged area and rehang the wall unit. In the bathroom the landlord should remove the damaged paint and should repaint the affected area. It should replace the missing wall tiles. It should replace the sealant around the bath and repair the chip to the bath enamel.
14 March 2025	The resident made a stage 1 complaint to the landlord. He said: The leaks had taken 16 months to resolve, and his kitchen walls, ceiling and cupboards had sustained extensive damage. The leaks had caused significant stress and anxiety. The landlord’s contractor had told him that it would replace both the kitchen and bathroom. But on 12 March 2025, its contractor attended and said they had been instructed to carry out “minor patch repairs.” He wanted the landlord to honour its original commitment to replace the kitchen and bathroom. He wanted immediate action to “rectify the situation.”
26 March 2025	The landlord responded to the resident’s stage 1 complaint. It said: It was sorry for the distress and inconvenience and for the prolonged nature of the leak. It understood that issues had remained unresolved over the last 2 years. It understood, that, given the nature of the damage, the resident had reasonable expectations for a full replacement of a kitchen and bathroom, as previously communicated by its maintenance team. It had reviewed its records and there were no kitchen or bathroom replacements scheduled for the resident’s property. As the resident was not on the current plan for works, he would need to raise a new repair via its repair’s portal. Once the resident had logged the works, the landlord’s contractor could review the damage and provide an appropriate solution, in line with its original commitment to replace the kitchen and bathroom.
7 April 2025	The resident made a stage 2 complaint to the landlord. He said: The leak had caused significant damage to his bathroom and kitchen. The leak had come from an unsealed wastepipe. The kitchen had been most affected with the cabinets absorbing the foul water, resulting in an unpleasant odour. He had not used the top cupboard, as he was concerned it may fall off the wall. He had bought a new cupboard to store his kitchenware in the dining room. He had endured the inconvenience of removing leaking water from his kitchen and dealing with dirt and a foul smell for almost 3 years. He did not think it was reasonable to keep the kitchen cabinets, which had been soaked with wastewater. The leak had also caused his bathroom wall to swell, the tiles to fall off, and the vanity cabinet to fall off the wall. The landlord had arranged a repair for 9 April 2025. But this was only to patch up the walls. He wanted a permanent solution and not temporary fixes.
9 May 2025	The landlord responded to the resident’s stage 2 complaint. It said: It had carried out an independent survey on 8 February 2025. This confirmed that repair works were needed to both the kitchen and bathroom. But full replacements of these areas were not recommended. The resident had refused the repair works to the kitchen and bathroom, in line with the disrepair settlement agreement. Its solicitors would be writing to the resident’s solicitors to arrange access for the completion of the works. It was sorry that its maintenance team had told the resident the kitchen and bathroom would be replaced. This was not correct. The resident’s property was not scheduled for a kitchen or bathroom replacement. But its asset management team would review the information and would consider whether to approve or decline a recommendation for a replacement kitchen and bathroom. This would be based on the condition and circumstances.
Referral to the Ombudsman 11 May 2025	The resident complained to the Ombudsman. He said he was unable to use the kitchen and bathroom due to health and safety hazards. This had affected his wellbeing. He wanted a full replacement of the kitchen and bathroom and repairs to the affected walls and ceilings. This included safe removal of asbestos. He also wanted a timeline and a communication plan for the works.

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

Complaint	Leaks from the property above, causing damage to kitchen and bathroom
Finding	Maladministration

Under Section 11 of the Landlord and Tenant Act 1985, the landlord is responsible for the structure of the property. This includes walls, ceilings, drains, pipework and fixtures and fittings for water and sanitation.
It will respond to emergency repairs within 24 hours (works which affect the health and safety of residents or damage to a building). This includes a blocked or leaking foul drain, and a leaking water tank, pipe or cistern. It will carry out routine repairs between 20 and 40 working days, depending on the complexity of the issue. Its major/planned works form part of an investment project and will target multiple homes in the same location.
The landlord’s tenancy agreement states that residents must allow its staff and contractors access to carry out repairs. It will normally give at least 24 hours notice unless it is an emergency repair.
In an emergency, where it cannot gain access, it may force entry. This includes when water is overflowing, or somebody’s safety is at risk.
There is no dispute that there were delays between the resident reporting the leaks and the landlord resolving them. It has apologised for this and previously offered the resident £180 compensation. However, this was not proportionate to remedy the distress caused to the resident, or the impact on the enjoyment of his home.
Strong record keeping is a prerequisite to providing a good housing management service. The landlord’s repair records do not show what works it carried out to remedy the leak. This is a failing and has impacted on both our and the landlord’s ability to complete a thorough investigation.
The resident reported an uncontainable leak from the flat above in September 2022. He reported sewage coming into his flat and concerns of a health and safety risk. It is unclear from its records what works the landlord carried out at this point. Although the repair records do show that the landlord needed to inspect the property above, there is no evidence that it did so at this point. This is particularly concerning, as the records show that the flat above was void in September 2022, so there would have been no access issues to carrying out a thorough inspection and completing the works.
When the resident reported a further uncontainable leak from above on 4 September 2023, the landlord initially raised an order for its contractor to attend the resident’s flat, rather than the flat above. This delayed the works starting and had a significant impact on the resident’s home. This is because the leaks were continuing, including reports of sewage and waste coming through his kitchen ceiling.
Although the landlord contacted the resident above on several occasions from 8 September 2023 to December 2023, it did not resolve the leak until 12 January 2024. This is an inappropriate delay, and significantly outside of its 24-hour timescale for repairing an uncontainable leak. The landlord did not abide by its policy and did not do everything it could to access the property above sooner.
It is clear that the landlord needed access to the above property. Where the landlord is having trouble with access, it is reasonable for the landlord to consider escalating matters. This could include forcing entry or seeking an injunction. This would have been in line with its tenancy agreement for emergency leaks and a reasonable action. There is no evidence that it considered escalated matters, which was a missed opportunity.
The overall delay to the landlord’s response went beyond the timeframes of its policy, and the ongoing leaks caused the resident distress and frustration. They also impacted on the enjoyment of his home. This is particularly concerning, as the resident reported sewage entering his property, which is a hazard under the Housing, Health and Safety Rating System (HHSRS).
Further, the landlord’s records show that the resident reported another leak from the flat above on 8 November 2024. It is unclear from the records what actions the landlord took to remedy this. This is a record keeping failing and could have impacted on the substantive issue being resolved.
Also, the landlord did not raise any remedial works to the resident’s home, following the leak repairs, until the resident raised a disrepair case through a solicitor. It was appropriate that the landlord engaged a surveyor to identify remedial works needed, but this inspection did not take place until 8 February 2024. Had the inspection taken place sooner, remedial works may have been carried out in a timelier manner.
Also, there is no evidence that the landlord attempted to commence any remedial works to the resident’s property until 16 January 2025, 11 months after the surveyor’s inspection. It is unclear why it did not start the works. But the delays caused the resident distress and frustration and continued to impact on the enjoyment of his home.
Additionally, the resident raised the remedial works needed in his stage 1 complaint to the landlord on 13 March 2025. The landlord advised the resident to log the works again, which was unreasonable. The resident had already waited over a year for the works to be completed. This is not in line with the landlord’s repairs policy, which says it will carry out repairs within 20 to 40 working days.
Also, in its stage 2 complaint response of 9 May 2025, the landlord told the resident that the survey identifying the repairs had taken place on 8 February 2025. This is inappropriate. The survey had taken place on 8 February 2024. This again points to poor record keeping, which may have impacted on the delays to the repairs being actioned. This response caused the resident confusion and distress and frustration.
The leak was resolved, albeit with unreasonable delays. There are mitigating circumstances as to why the associated works had not commenced as of 9 May 2025, for example, while delayed, there was some proactive action taken by the landlord to solve the leak. Additionally, we note that the resident initially declined the works to be carried out. As such, we have made a finding of maladministration, rather than the more serious severe maladministration. We have made an order for £1,000 compensation. This is in line with our remedies guidance, where there has been a failing by the landlord, which had a significant impact on the resident. We have also made an order for the landlord to carry out an inspection of the plumbing/drainage above and of the resident’s kitchen and bathroom. And identify any remedial works needed.

Complaint	The resident’s request for a new kitchen and bathroom
Finding	Maladministration

The landlord’s repairs policy states that it will replace major components such as kitchens and bathrooms as part of its planned maintenance programme.
It was reasonable that it checked its records and told the resident that his kitchen and bathroom did not form part of this programme.
Also, the independent survey of 8 February 2024 identified that a new kitchen and bathroom was not needed. It identified remedial works only.
However, the landlord failed to manage the resident’s expectations. In its stage 1 complaint response of 26 March 2025, it told the resident that it would review his request and “ensure that a more appropriate solution in line with the original commitment to replace the kitchen and bathroom.”
It also told the resident that it its assessment of the kitchen and bathroom had failed to recognise the level of works needed.
It is unclear why it said this, when its internal records show that it would not be replacing the kitchen and bathroom and it found no evidence of any such commitment to the resident.
This response caused the resident frustration and confusion. It failed to manage his expectations, and this is inappropriate.
Also, in its stage 2 complaint response of 9 May 2025, it told the resident that it would refer his case to its asset manager to consider the request for a new bathroom and kitchen.
It is not up to this Service to decide whether the landlord should agree to replace these. But there is no evidence on file that the landlord did refer these matters to its asset manager. And the resident has told us that he has heard nothing from the landlord in respect of the kitchen and bathroom.
Due to the conflicting and confusing information to the resident, we have made a finding of maladministration. We have made an order of £400 compensation. This is in line with our remedies guidance, where there has been a failing causing distress and inconvenience to the resident. We have also made an order for the landlord to refer the matter to its asset management team and provide the resident with a decision (whether it will accept or decline his request, based on the condition of the kitchen and bathroom).

Complaint	Complaint Handling
Finding	No maladministration

The landlord provided complaint responses which complied with the requirements of the Code. It responded to the complaints the resident raised. It provided its responses within the appropriate timescales. It also advised him he could bring his complaint to us if he remained unhappy. As such, we have found no maladministration in the landlord’s complaint handling.

Learning

We identified an issue with the landlord not abiding by its repairs policies, in respect of residents allowing access to complete repairs. The landlord should ensure that it abides by its policy, particularly when health and safety issues are identified.

We identified issues with the landlord’s record keeping. It had the wrong date for the independent survey (It was carried out in February 2024 and the landlord said this was February 2025). The landlord should be more mindful of its record keeping practises. We also noted gaps in respect of repairs completed, where information was missing. The landlord should record all its actions in respect of repairs to better monitor outcomes.

We identified confusing and conflicting information given to the resident. The landlord should provide clear and consistent information.