London & Quadrant Housing Trust (L&Q) (202123168)

REPORT

COMPLAINT 202123168

London & Quadrant Housing Trust

28 June 2023

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:
1. Repairs to the resident’s bathroom and downstairs toilet.
2. The associated complaint.

Background:

The resident holds an assured tenancy with the landlord. The resident is disabled, and the landlord is aware of this.
The resident has reported multiple repair issues to the landlord dating back to 2018.
The landlord’s records dated 15 January 2020, show that the resident’s occupational therapist had suggested that a new shower and a shower screen be fitted as she was having difficulty in closing the shower curtain.
On 3 February 2020,the landlord raised a maintenance request for a new shower and shower screen. The landlord contacted the resident on 9 April 2020, to inform her that work would be suspended due to Covid-19 restrictions and would be rebooked when normal working resumed. The resident raised concerns about the suspension of works due to her disability.
A member of the landlord’s repairs team attended the property on 13 November 2020, but said they were unable to fit a shower screen due to pipework and a door in the bathroom.
On 4 February 2021, the resident contacted the landlord to request a new wash basin for the downstairs toilet as it was cracked. The landlord advised the resident that she would need to provide an occupational therapist report for the landlord to approve fitting a shower screen in the bathroom.
The resident complained to the landlord on 23 February 2021. She said there were several outstanding repairs that she had contacted the landlord about multiple times but had had no updates. These included: damp and mould, a repair to handrails at her property, a repair to her front gate and paving outside her property, the fitting of a shower screen, exposed copper pipes, and a warped bath panel.
The landlord issued a stage one complaint response on 5 March 2021. It said it had arranged for a damp and mould survey to be carried out and would clean the areas which had mould and apply a protective barrier. If the damp and mould report showed that further works were needed to resolve the issue, these would be booked in. The landlord gave the resident dates the repairs to the handrails, the gate, and the paving would be carried out. The resident responded the same day to say that the landlord had not told her when a new shower head, shower screen and bath panel would be fitted.
On 7 June 2021, the resident’s GP wrote to the landlord asking that the works in her property be completed as the issues were affecting her health.
The resident sent the landlord photos of her downstairs toilet on 14 June 2021. She said the wall had been damaged and that the plumber had used old fittings instead of new ones. She said that the issue was affecting her health and that of her son.
The landlord responded on 18 June 2021. It said that as the fittings were in good working order, new fittings were not necessary. The landlord said it had arranged for a plasterer to make good the damage to the wall on 7 September 2021.
On 24 June 2021, the resident told the landlord that the outstanding repairs were affecting her mental health. She asked that if the landlord was not able to cover up the old fittings in her toilet, that it replace them. She said that the new handrails had caused her splinters and needed sanding and varnishing.
On 5 August 2021, the landlord’s records show that the repairs to the bathroom were put on hold as an asbestos check was needed.
The resident made a further complaint on 9 December 2021. She said she was unable to use the bath and had not been able to use the shower since 29 November 2021, as the landlord’s workmen had removed the shower pole and shower curtain.
On 20 December 2021, the landlord upheld the resident’s stage one complaint. It said an asbestos check had now been carried out, pipework had been removed and a new flush handle and grab rails had been fitted. A new bath panel and shower screen had been ordered. The landlord apologised and said it would contact the resident to give her a date for the outstanding work. On 4 January 2022, the landlord told the resident the repairs had been booked for 7 January 2022. It offered the resident £300 compensation, the breakdown of this being: £100 for the delay in the repairs, £100 in inconvenience and £100 in time and effort.
The resident escalated her complaint to stage two of the landlord’s complaints process on 6 January 2022. She said that her complaint had been treated as a stage one complaint for three years. She said her health had deteriorated and the compensation the landlord had offered was not sufficient.
On 7 January 2022, the resident told the landlord there were still works outstanding including: beading to be placed round the tiles, broken and damaged tiles to be replaced, the stars in the grouting to be removed, the electric shower to be moved, copper pipes to be covered and the wall behind the wash basin in the downstairs toilet, to be made good.
On 28 March 2022, the resident contacted this Service and raised a concern that she had been exposed to asbestos. She said she had respiratory issues,
The resident provided a video to the landlord on 11 April 2022, showing the outstanding works to the bathroom she had raised previously.
On 4 May 2022, the landlord issued its stage two complaint response. It said that some of the delays to the repairs had been due to the effects of the Covid-19 pandemic on its service. There had been difficulties in sourcing materials and a reduced number of operatives able to complete works. It said there was also a backlog of repairs due to emergency repair work being prioritised during Covid-19 restrictions. It apologised for the time, effort, and inconvenience this would have caused the resident. It offered increased compensation of £20 for the delay in allocating her complaint to stage two, £250 for all service failures and miscommunication and for the inconvenience and stress caused, £150 under the right to repair, £140 for appointments made where work was not completed, making a total of £560.
On 19 May 2022, the resident rejected the landlord’s offer. She said the issues dated back to 2018 and requested that the landlord escalate her complaint to stage three of its complaint procedure. She said that she had been told that cupboards underneath her boiler would not be completed until October 2022.
The landlord responded on 23 May 2022. It said that its complaints policy did not allow it to investigate the issues back to 2018. It said the remaining works had been booked in for June 2022. It increased its compensation offer by £250.
On 4 July 2022, the resident logged a complaint about the lack of response she had received from a member of staff when she had asked for information about how the compensation had been calculated. The landlord replied on 2 August 2022. It apologised for this lack of communication and offered the resident an additional £50 in compensation.
The resident raised her concerns about asbestos with the landlord on 8 August 2022. She said her health was at risk and that she had told her children to stay away. She said there were still outstanding works necessary to her bathroom, her downstairs toilet, and her bedroom ceiling.
On 31 August 2022, the landlord sent its final complaint response to the resident. It said that it had booked in the outstanding repair works. It advised it was not able to provide the asbestos report but confirmed that there was no asbestos in the walls of her property. There was a low content of 1-2% asbestos in the ceiling of her property and the fibres were well bonded. It said that as the works had been carried out to the walls and not the ceiling of her property, there was no associated asbestos risk. It said that for the delays in not responding to her email of 6 June 2022 and the further delay in completing the works, it would offer the resident an additional £200.
The resident complained to the Ombudsman on 1 September 2022. She said she was unhappy with the length of time it had taken to complete the repairs and mentioned that cupboards that she had asked to be put in, had not yet been completed. She said her health had suffered and that she had been separated from her children due to the disrepair of her home.
Since her complaint to the Ombudsman, the resident has informed this Service that there are holes in her bath that the landlord has treated, but this has worn away and the surface is abrasive and dangerous. The resident has also said that although the landlord repaired her gate, it has since come off its hinges.

Assessment

The Ombudsman’s Dispute Resolution principles are to:

Be fair – treat people fairly and follow fair processes.

Put things right.

Learn from outcomes.

Where there have been errors by the landlord, we will assess whether the landlord has done enough or if it needs to do more to put things right for the resident and learn from the outcome of their complaint.

Scope of investigation

The resident has mentioned that some of the repairs she is complaining about date back to 2018. There is no indication that the resident made a formal complaint about these at that time. The Ombudsman encourages residents to raise complaints with their landlords in a timely manner, so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and whilst the evidence is available to reach an informed conclusion on the events which occurred. As the substantive issues become historic it is increasingly difficult for either the landlord, or an independent body such as the Ombudsman, to conduct an effective review of the actions taken to address those issues. This is in line with paragraph 42(c) of the Housing Ombudsman Scheme, which states that the Ombudsman will not investigate issues which were not brought to the landlord’s attention as a formal complaint within a reasonable time, usually within six months of the matter occurring.
The resident raised multiple repairs other than those to her bathroom and downstairs toilet. These include repairs to the handrails, her gate, the installation of cupboards and the holes in the bath. However, as these repairs were not escalated via the landlord’s complaint procedure, these have not been considered in this assessment and are noted in the background to the resident’s complaint for context only. This is because in line with paragraph 42(a) of the Housing Ombudsman Scheme, the Ombudsman is not able to consider complaints that are made prior to having exhausted a landlord’s complaints procedure. This is so that landlords have the opportunity to respond to complaints and resolve issues before the Ombudsman becomes formally involved.
The resident has mentioned in her complaint that her health was affected by the landlord’s handling of the repairs. This Service does not doubt the resident’s comments about her health. However, it is beyond the Ombudsman’s remit to consider whether there was a direct link between the landlord’s actions or inaction and the resident’s health. This Service can consider any distress and inconvenience caused by any errors by the landlord as well as the landlord’s response to the resident’s concerns about her health.

Policies and procedures

The landlord’s repairs policy states that when diagnosing repairs reported by vulnerable residents, it will consider whether the defect is putting the resident at risk because of their physical or mental health, and it will treat repairs with an escalated priority in cases where a delay in completing the repair would cause an increased health and safety risk.
The landlord’s repairs policy states that it is responsible for repairing bath panels (when rotten or severely warped), showers that are fitted by the landlord, shower screens, splash back bath/shower tiles, grouting and silicone seals. It also states that it is responsible for repairs to washbasins.
The landlord’s repairs guide for tenants, states that residents are responsible for replacing shower heads and hoses.
The landlord’s complaint process has two stages. At stage one, a response will be provided within 10 working days. At stage two, a response will be provided within 20 working days. If an extension of time is needed at either stage, the procedure states that the resident will be sent a letter explaining why more time is needed. The complaint policy states that after confirming its decision in writing, the landlord will monitor progress until all outstanding actions are complete.
The landlord’s compensation policy states that it will consider compensation where it fails to complete repairs in agreed response times and where it has not advised residents of any exceptions such as structural or supply chain issues, or identification of asbestos.
The Ombudsman’s complaint handling code (published on our website) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The code states that “landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate”.

Repairs to the bathroom and downstairs toilet

The landlord’s records show that a maintenance request in relation to the fitting a new shower and shower screen as recommended by the resident’s occupational therapist, was first raised on 3 February 2020. The landlord acted reasonably by informing the resident in April 2020, that works would be suspended due to the Covid-19 restrictions. This is because the Government had issued guidance to landlords to say that emergency repairs should be prioritised during this time. Many landlords put non-emergency repairs on hold during the restrictions due to staff shortages, supply issues and difficulties with completing repairs whilst socially distancing. Whilst the delay would have undoubtably been frustrating for the resident, it was reasonable for the landlord to suspend non-emergency repairs during periods of national lockdown.
After the lockdown was lifted, an operative attended the resident’s property in November 2020, but could not fit the shower screen due to pipework and a door being in the way. The work was not rebooked until August 2021. The landlord’s records show that this was due to it not having a copy of the resident’s occupational therapy report on its system and asking her to resend it. In its complaint response on 20 December 2021, the landlord did not address the delays prior to August 2021, nor did it provide an apology for these. This was a failing by the landlord. This delay of over eight months will have caused time, trouble, distress, and inconvenience for the resident.
This eight-month delay was particularly unacceptable as the landlord’s records show it was aware the resident was at risk of dislocating her shoulder each time she used the shower. There is no evidence to suggest that the landlord escalated the repair as a priority as its repairs policy said that it should have done, given the resident’s health issues.
The landlord’s records show it advised the resident in February 2021, that it was her responsibility to replace the shower head and hose. The landlord acted reasonably in advising this as this was in line with its repairs guide for tenants which says residents are responsible for replacing these items.
It was appropriate for the landlord in its complaint response of 5 March 2021, to inform the resident how it would treat the damp and mould in her property and providing dates for when this would happen. It also acted appropriately by providing dates when the handrails, her gate and the paving would be repaired. However, the landlord acted unreasonably by not addressing the outstanding works needed to the resident’s bathroom in its response. The Ombudsman’s complaint handling code, set out above, states that landlords must address all complaint points raised by residents. The fact that the landlord did not do so, will have caused time, trouble, and inconvenience for the resident as she was left without answers to her concerns.
The landlord was right to inform the resident in relation to the works to her downstairs toilet, that it was reasonable for the fittings to be reused as they were still in good working order. Landlords are entitled to repair items in the first instance rather than replacing them, although replacement should be considered if the item is beyond economic repair. It also acted appropriately by informing her that a plasterer would make good the damage on 7 September 2021. However, the fact that the works to make good the wall had still not been completed by January 2022 and that there was still decoration outstanding in August 2022, was an unreasonable delay and will have caused time, trouble, and inconvenience for the resident.
The landlord acted reasonably by putting work on hold in August 2021, while it investigated whether asbestos was present in the property. It was right to advise the resident that it could not share its asbestos report with her as this was carried out by a company separate to the landlord and the landlord could not share information provided by a third party without their consent. The landlord has acted appropriately by responding to the resident’s concerns in relation to the asbestos in her property and confirming that she had not been at risk of being exposed to asbestos. It commissioned an asbestos report which did not contain recommendations for any asbestos to be removed and the landlord was entitled to rely on this report. The Ombudsman has seen a copy of this report and we are satisfied that the landlord has acted in line with the report.
The resident repeatedly told the landlord about the effect the delays to the repairs was having to her health and her family life. The landlord should have responded to this aspect of the resident’s complaint, looking at whether it could take any steps to support the resident and/or refer her to other agencies who may be able to provide support. It would also have been appropriate for the landlord to advise her that she could pursue a personal injury claim with its liability insurer should she wish to do so, in relation to the impact the delays were having on her mental and physical health and any concerns about the impact of asbestos on her health. It is outside the Ombudsman’s remit to comment on the outcome or handling of insurance claims and therefore we could not comment on the actions of the landlord’s liability insurer if a claim is made to it.
The landlord has acknowledged that repeated delays to the repairs to the resident’s bathroom were unacceptable and has apologised for this. It explained that this was in part due to difficulties in sourcing materials and staff shortages as a result of the Covid-19 pandemic. It said it was also partly due to works being put on hold because of the need for an asbestos check. There is evidence that the landlord tried to address the staff shortages by asking its staff to work overtime. However, neither of these issues would have accounted for the length of the delay overall, nor for the fact that repairs were left unfinished or were not completed to a satisfactory standard on several occasions. This indicates that the landlord failed to adhere to its repairs policy in terms of completing repairs to a high standard. It also did not adhere to its complaint policy which states that once it has provided a written response to a resident, it will monitor progress until all outstanding actions are complete.
The landlord offered the resident £1060 compensation for its errors in its handling of the repairs to her bathroom and to her downstairs toilet. This offer is in line with the Ombudsman’s remedies guidance (published on our website) which sets out the Ombudsman’s approach to compensation. The remedies guidance states that in cases where there was a failure which significantly affected the resident, £600-£1000 should be offered.
However, between 9 November 2021 and 7 January 2022, the resident was unable to use her bath or shower as grab rails had not been fitted at the correct height and the shower pole and curtain had been removed. This will have caused significant distress and inconvenience for the resident, particularly given her disabilities. In the Ombudsman’s view, additional compensation based on a rent reduction is appropriate in view of this. The resident was unable to make full use of her bathroom during this period and therefore she should not have to pay full rent as she was not able to fully use the property. The resident’s weekly rent is £167.38. The Ombudsman considers that compensation based on 20% rent of £234.33 in total is appropriate for the seven-week period that the resident was unable to use her bath or shower.

The landlord’s handling of the associated complaint

The resident has raised concerns about the landlord’s complaint handling. The resident complained that she had not received a response from the landlord when she asked for more information about how the landlord’s offer of compensation had been calculated. The landlord acknowledged this lack of response and awarded the resident £50 in compensation for this. The landlord acted appropriately in doing so. It’s offer of compensation is in line with the Ombudsman’s remedies guidance which states that where service failure is identified which caused distress and or inconvenience but was of short duration, £50-£100 in compensation should be offered.
There was a delay in responding to the resident’s stage two complaint. She escalated the complaint on 6 January 2022; however, the landlord did not respond until 4 May 2022. The landlord acknowledged this and offered £20 in compensation. However, this delay exceeded the timescales for responding to stage two complaints by nearly three months. The landlord’s complaint procedure and the Ombudsman’s complaint handling code set out above, state that landlords should respond to stage two complaints within 20 working days. The resident had to chase the landlord for updates multiple times during this period. This delay will have caused the resident further time, trouble, and inconvenience. As noted above, where service failure has been identified, the Ombudsman’s remedies guidance states that between £50-£100 should be offered. In the opinion of this Service, a further £100 for the landlord’s failures in complaint handling is due in view of this.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in the way it handled the repairs to the resident’s bathroom and downstairs toilet.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in the way in which it handled the associated complaint.

Orders and recommendations

Orders

The landlord is ordered to:

a. Pay the resident £235 for the time she was unable to use her bathroom, within four weeks of the date of this report.

b. Pay the resident £100 for its complaint handling failures, within four weeks of the date of this report.

c. The above sums are in addition to the £1060 offered through the landlord’s complaint procedure, which should also be paid unless it has been paid already. The landlord should provide evidence of compliance with these orders to the Ombudsman within four weeks of the date of this decision.

Recommendations

The landlord should review its record keeping to ensure that comprehensive and clear records are kept so that documents do not go astray, meaning that repairs are not held up by the landlord asking residents to resend documents.