London & Quadrant Housing Trust (L&Q) (202123785)

REPORT

COMPLAINT 202123785

London & Quadrant Housing Trust (L&Q)

15 November 2024

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 damp and mould.
The Ombudsman has also investigated the landlord’s complaint handling.

Background

The resident has been a tenant of the landlord, a housing association, since 2011. The property is a 1 bedroom ground floor flat.
In August and October 2020, following reports of a leak and damp and mould, surveys were carried out at the property. Both noted there was damp and mould throughout, which was caused by a possible failure in the damp proof course. One recommended works to resolve this and one recommended further investigation be carried out. The landlord completed a mould wash on 1 December 2020 and a further inspection in February 2021.
The resident made complaints to the landlord in December 2020, April 2021 and December 2021. She said there was severe damp and mould and the landlord had not taken sufficient action to resolve this. In January 2022, the resident escalated her complaint to this Service. That month and the following month, the Ombudsman asked the landlord to provide a written response to the complaint. The landlord has subsequently said there is no record that this happened.
In February 2022, the landlord inspected the property and noted there was damp which needed further investigation. It also agreed to replace the bathroom. A CCTV survey of the drains was carried out the following month, which found no issues affecting the property.
Other than 2 works orders raised in November 2022, there is a gap in the landlord’s records between April 2022 and February 2023. In February 2023, the resident told this Service that the matter was still unresolved. After contact from this Service in April 2023, the landlord provided its stage 2 response on 20 April 2023. This said it had been trying to contact the resident to arrange an appointment to reinspect the property. It offered £700 compensation (£250 for complaint handling failures and £450 for its handling of the damp and mould).
In June 2023 the landlord completed works to renew the bathroom. In August 2023, it removed wallpaper and plaster in other affected areas, and completed replastering and redecoration works. The resident asked the Ombudsman to investigate her complaint in February 2024, and said there were outstanding works to renew the kitchen but the landlord had not told her when this would be happening.

Assessment and findings

Scope of investigation

The resident told the landlord that the damp and mould negatively affected her health. The Ombudsman does not doubt the resident’s comments, but it is beyond the remit of this Service to determine whether there was a direct link between the landlord’s actions and her ill-health. The resident may wish to seek independent advice on making a personal injury claim if she considers that her health has been affected by any action or failure by the landlord (reflected at paragraph 42.f of the Scheme). While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced as a result of any service failure by the landlord.
Between January and June 2023, the Ombudsman carried out an investigation into the landlord under paragraph 49 of the Scheme, which allows us to conduct investigations beyond individual complaints to establish whether there is any evidence of a systemic failing within a landlord. This investigation included the landlord’s handling of damp and mould and complaints and it reviewed 103 cases brought to the Ombudsman between March 2019 and October 2022. It identified common points of failure and made recommendations for improvement. The report was published in July 2023 and can be viewed here 2023-07-26-LQ-P49-Final-Report.pdf (housing-ombudsman.org.uk).
The events in this case took place over some of this period and some of the findings of the Ombudsman’s special report are relevant to this case and are referred to in this report. However, we have not made any orders or recommendations which would duplicate those already made to landlord in the Ombudsman’s special report.

Handling of damp and mould

The Ombudsman’s special report highlighted the following points of failure in the landlord’s handling of damp and mould, which are relevant in this case:
1. Failure to consider the seriousness of damp and mould in relation to health.
2. Failure to implement recommended actions.
3. Poor record keeping.
The landlord is responsible for addressing damp and mould in line with section 9(a) of the Landlord and Tenant Act 1985. This says that it has an obligation to ensure the property is fit for human habitation during the term of the tenancy, in relation to freedom from damp.
When dealing with damp and mould, it is important that landlords seek to identify the underlying causes and any works required to address these. In this case, the landlord received a detailed report in August 2020, which included the suspected cause of the damp and mould; namely a failure in the damp proof course, along with some other contributing factors. However, when the resident reported damp and mould on 25 September 2020, the only action the landlord took was to arrange a further survey.
The second survey went ahead on 30 October 2020 and confirmed the findings of the first report, that the suspected cause was a failure in the damp proof course. Seeking advice from a second specialist ultimately led to a delay in the matter being progressed and it is unclear from the evidence provided, why the landlord sought the advice of a second specialist contractor. Similarly, there is no evidence that it explained its reasons for doing so to the resident.
After the second survey on 30 October 2020, the landlord arranged to treat the mould on 1 December 2020. However, there is no evidence that it took any action to further investigate or address the suspected failure in the damp proof course; until after further contact from the resident asking to raise a formal complaint on 1 December 2020.
On 14 December 2020, the landlord raised a works order to investigate an issue with the pointing and damp proof course. The landlord attended on 17 February 2021, and while the notes indicate it assessed the cracked pointing, there is no record that it gave any consideration to the damp proof course.
In internal landlord emails dated 16 December 2021, it noted that it had failed to act on this issue and had completed the works order raised on 14 December 2020, before the matter was fully resolved. While a further inspection and a CCTV survey of the drains have subsequently been carried out, the Ombudsman has seen no evidence that the suspected failure in the damp proof course has been fully investigated or resolved. This is a significant concern and amounts to maladministration.
The landlord has subsequently carried out works to remove damp and mould throughout the property. While positive that it has done this, unless it addresses the underlying cause of the issue, these works will only be a temporary fix. Therefore, an order has been made below for the landlord to arrange an independent survey to investigate the suspected failure in the damp proof course. A written update to be provided to the resident with the outcome, including any works the landlord will carry out, with a timescale for these to be completed.
Both surveys carried out in 2020 identified that the kitchen extractor fan was not working and needed repairing. A works order was raised for this on 14 December 2020 and the landlord attended on 3 February 2021 but noted it could not repair the fan and a replacement was needed. The job was completed on 4 March 2021, which was 81 days after the works order was raised and 7 months after the landlord first became aware of the issue. This was an unreasonable delay and amounts to maladministration.
It is good practice in damp and mould cases for the landlord to proactively follow up to check that its actions have resolved the issues. In this case, the landlord noted in an internal email dated 16 December 2021, that its contractor had sent at least 10 text messages to the resident asking her to get in touch if the mould had returned, but that she had not responded. Despite the Ombudsman asking the landlord for evidence of this contact, it has failed to provide this, which is a concern. It is unclear if the missing evidence means that these contacts did not happen or that there was a failure to record them. Either way, this was a failure that amounts to maladministration.
The lack of adequate follow up by the landlord meant that the resident had to repeatedly report and raise complaints about this issue. From the evidence provided, the resident reported this issue to the landlord on at least 9 occasions between September 2020 and 20 April 2023 (when the stage 2 response was issued). This left her feeling that the landlord was not taking the matter seriously.
When the landlord inspected the property on 23 February 2022, it agreed to provide a dehumidifier. While a works order was raised for this on 28 February 2022, there is no record that this was ever provided. This amounts to maladministration and left the resident feeling let down by the landlord.
During the inspection on 23 February 2022, the landlord also agreed to renew the bathroom. It raised works orders for this in March and November 2022; however, these were both cancelled. It was only after further contact from this Service in February 2023, that the landlord raised another works order, on 15 March 2023, which resulted in the works being carried out.
The bathroom renewal works were completed on 27 June 2023, which was 16 months after the landlord had told the resident it would do this. Renewal of a bathroom is a big job and requires planning and preparation so it is understandable that this would take longer than a standard repair. However, 16 months was too long; particularly considering the resident had told the landlord in December 2021 that the damp and mould was negatively affecting her health.
The landlord completed works to treat the mould on 1 December 2020. Despite a number of inspections and investigative actions being taken following this, and repeated reports from the resident; there is no record that the landlord took any action to treat or remove the mould until the bathroom works were completed 2 and a half years later, in June 2023. This was a significant and unreasonable delay, which caused distress to the resident and amounts to maladministration.
There is a gap in the landlord’s records between April 2022 and February 2023, apart from 2 works orders being raised (one which was subsequently cancelled and one for an asbestos survey). The landlord said in its stage 2 response that after the resident contacted it on 29 April 2022 to ask for an update, the staff member dealing with the matter contacted their manager for assistance repeatedly, but did not get a response. Despite the Ombudsman asking for evidence of this, the landlord has not provided it.
It is unclear exactly what happened during this period or why, which is a concern and suggests a lack of ownership by the landlord in resolving this issue. This meant a further delay in matters progressing, which caused upset to the resident and contributed to her living in a damp and mouldy property for more than 2 years.
Following the stage 2 response on 20 April 2023, the landlord noted in internal emails sent in May 2023, that a further inspection had been carried out. The Ombudsman has seen no inspection report for this and the landlord itself highlighted that it was missing. It is a concern that the landlord failed to properly record this inspection; particularly as it had implemented a damp and mould policy that month, which highlighted the importance of damp and mould inspections and recording any works required to address this. An order has been made below for the landlord to provide training to all staff who carry out repair inspections, on the process for recording inspections and the importance of this.
In internal landlord emails in May 2023, it said that it had referred the kitchen replacement to its planned maintenance team. The resident said she has since chased this in January and February 2024, but no update was provided confirming when the works would go ahead. From the records provided, it is not clear if this has yet been done and so an order has been made below for the landlord to provide a written update to the resident with an estimated timeframe for the kitchen replacement to be completed, if not done so already.
The landlord’s stage 2 response offered compensation to the resident, which indicated that it had identified service failure in its handling of this matter. However, it was not clear on the exact nature of its failings or what, if any learning it had taken from this. Similarly, it failed to provide an apology to the resident, which showed a lack of care for the impact of this situation or that it truly wanted to put things right for the resident and learn from outcomes.
Therefore, orders have been made below for the landlord to apologise to the resident for its handling of this issue and complete a review of the case to identify its failings and any learning. A written update to be provided to the resident and this Service following its review.
The landlord offered a total of £450 compensation for its handling of this issue. Considering the full circumstances of the case and in consultation with the Ombudsman’s remedies guidance, this amount is considered insufficient. An order has been made below for the landlord to pay the resident £800 for its handling of the damp and mould, inclusive of the £450 already offered.

Complaint handling

The Ombudsman’s special report highlighted the following points of failure in the landlord’s complaint handling which are relevant in this case:
1. A failure to follow its policy and processes, resulting in no action being taken and/ or delayed responses.
2. Responses which lacked empathy, including a failure to explain its investigation.
3. Increased numbers of residents contacting the Ombudsman for advice, showing a failure to accept complaints.
4. No desire to learn from complaints.
The resident raised complaints with the landlord on 1 December 2020, 21 April 2021 and 16 December 2021. While the landlord made contact with her on all occasions and even acknowledged the complaint in April 2021, there is no record that it provided a formal response before closing the cases. Even after contact from this Service in January and February 2022, the landlord still failed to provide a formal response. This left the resident feeling ignored.
After further contact from this Service in April 2023, the landlord provided its stage 2 response. This was the first written response provided to the resident, more than 2 years after she had first raised a complaint. This was significantly over the committed response times of 10 and 20 working days set out in the landlord’s complaints policy.
The landlord noted failures in its handling of the substantive issue in emails dated December 2021 and February 2022. However, it did not address this via its internal complaints process until more than a year later, in April 2023, despite the resident raising 3 complaints between December 2020 and December 2021. The landlord’s failure to progress a formal complaint, meant that it missed a number of opportunities to put things right for the resident. This is the fundamental purpose of a landlord’s complaints procedure and in this case, the failures and delays in the complaint handling may have prolonged and exacerbated the substantive issue; which caused increased distress and inconvenience to the resident.
In an internal email of 17 April 2023, the landlord acknowledged its previous failures to respond. It decided to respond at stage 2 of its procedure, which was sensible considering the extended delays up until that point. It said in the email that an apology was required; however, when the stage 2 response was issued 3 days later, it did not include one. This showed a total lack of regard and accountability for its failures and was even more disappointing for the resident.
The stage 2 response was vague and lacked any real assessment of the landlord’s handling of the issue. It also did not give any indication as to how the landlord intended to resolve the substantive issue, which had been ongoing for more than 2 years. While some further actions were taken and follow up made after the response was issued, the resident told this Service in February 2024 that the issues were still not fully resolved.
Overall, considering the cumulative failures in the landlord’s handling of the resident’s complaint, this amounts to severe maladministration. Orders have been made below for the landlord to apologise to the resident for its complaint handling and pay her £500 compensation, inclusive of the £250 already offered, if not done so already. This amount has been calculated in line with the Ombudsman’s remedies guidance.

Determination

In accordance with paragraph 52 of the Scheme, there was:
1. Maladministration in the landlord’s handling of damp and mould.
2. Severe maladministration in the landlord’s complaint handling.

Orders

Within 4 weeks, the landlord is ordered to:
1. Arrange an independent survey to investigate the suspected failure in the damp proof course. A written update to be provided to the resident following the survey with the outcome, including any works it will carry out, with a timescale for these to be completed.
2. Provide a written update to the resident with an estimated timeframe for the kitchen replacement to be completed, if not done so already.
3. Apologise to the resident for its handling of the damp and mould and the formal complaint.
4. Complete a review of the resident’s case to identify its failings and any learning. A written update to be provided to the resident and this Service following the review.
5. Pay the resident £1,300 compensation, made up of £800 for its handling of the damp and mould (inclusive of the £450 already offered, if not done so already) and £500 for its complaint handling (inclusive of the £250 already offered, if not done so already).
The landlord to provide evidence of compliance, with the above orders to this Service, within 4 weeks.
In accordance with paragraph 54.g of the Scheme, within 10 weeks, the landlord is ordered to provide training to all staff who carry out repair inspections, on the process for recording inspections and the importance of this. Evidence of compliance to be provided to this Service, within 10 weeks.