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London & Quadrant Housing Trust (L&Q) (202222149)

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REPORT

COMPLAINT 202222149

London & Quadrant Housing Trust (L&Q)

7 November 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

  1. The complaint is about the landlord’s handling of:
    1. reports of lack of hot water;
    2. the repairs to the external doors and windows;
    3. repairs to the bathroom, including the request to be compensated;
    4. complaint handling.

Jurisdiction

  1. What the Ombudsman can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Scheme. When a complaint is brought to this service, the Ombudsman must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.
  2. Paragraph 42(a) of the Housing Ombudsman Scheme states: “the Ombudsman may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.”
  3. On 6 November 2022, the resident asked the landlord to include an additional issue of the security of her front and back door, to her stage 2 complaint. The landlord advised the resident on 8 November 2022, that it was unable to do this as she had not included this issue in her original stage 1 complaint. It also said that it would progress her concerns as well as the issues she had raised about the “appointment of the hot water to be fixed properly.”
  4. There has been no evidence seen by this Service to confirm that the landlord escalated these issues to a stage 1 complaint or that it has exhausted its complaints process or that it has provided its final response to either of these issues. As a result, the below elements of complaint are outside the Housing Ombudsman’s jurisdiction:
    1. reports of lack of hot water;
    2. repairs to the external doors and windows.
  5. Should the resident remain dissatisfied with the landlord’s handling of these issues, she should raise a complaint with the landlord under its complaints process. If the resident remains dissatisfied after having exhausted the landlord’s complaints process, she is able to ask this Service to consider her complaint.

Background

  1. The resident lives in a 2-bedroom, ground floor flat. The landlord is a registered provider of social housing. The resident has had an assured tenancy agreement with the landlord since 15 December 2014. There are no vulnerabilities for the resident recorded by the landlord.
  2. The tenancy agreement states that the landlord is responsible for maintaining the structure and outside of the property, including internal walls and major internal plasterwork.
  3. The landlord’s responsive repairs policy states that it is responsible for repairs to the bath and/or shower tiles, grouting, silicone seals, internal walls, plasterwork, and condensation and mould (via the Healthy Homes Programme).
  4. The landlord’s damp and mould action plan states that when it receives reports of damp and mould from residents it will carry out a healthy homes assessment to identify any repairs required and to provide residents with a clean and shield treatment to remove the damp and mould.
  5. The landlord has a 2 stage complaints process. It defines a complaint as being an expression of dissatisfaction about the standard of service, actions, or lack of action it has provided. Its policy states it will:
    1. provide a stage 1 response within10 working days,
    2. provide a stage 2 response within 20 working days,
    3. explain why, if it is unable to meet the policy timescales and provide its response within a further 10 working days,
    4. monitor outstanding actions up to completion.
  6. The landlord’s compensation policy states that it will consider an offer of compensation when an apology alone is not sufficient, where there has been an impact to the resident due to a service loss or failure, or where it failed to follow its policies and procedures. Where a resident has rent arrears, it will partly or fully offset a compensation payment or award against the debt.

Summary of events

  1. The resident first raised concerns to the landlord of damp and mould in her bathroom on 2 November 2021, and said that “it had been an issue for a few years.” Following the resident’s call, the landlord arranged for an inspection of her home to be carried out on 11 November 2021. It also provided the resident with guidance and information on how to treat condensation and mould.
  2. As part of the inspection, the landlord completed a healthy homes report. Its reports said that it:
    1. found no indication of damp or condensation in the property.
    2. found surface mould on the ceiling and all four walls of the bathroom, the front wall in the living room and the front wall of the second bedroom.
    3. found that whenever the resident had a wash, the water splashes on the wall and causes damage/mould to the wall due to water ingress.
    4. found that the property was suffering from mould/mildew, water marks were on the wall and there were indications of moisture also.
    5. identified that repairs were required to the trickle vents as they were stuck and painted over.
    6. identified that the front and left wall in the bathroom needed to be tiled all the way to the top, to prevent water ingress into the wall.
    7. advised the resident to leave trickle vents open, ventilate the property more often, make adequate use of the heating, and clean any form of condensation build up from around the windows immediately.
  3. Following the landlord’s inspection, it raised the repairs required to the vents and the re-tiling of the bathroom walls on the same day; however, there has been no evidence seen by this Service to confirm it arranged an appointment when raising the works. It also arranged for a “clean and shield” to be carried out to clean the mould in the residents property on 29 November 2021.
  4. The resident contacted the landlord on 30 November 2021, to ask what its next steps were in relation to the outstanding repairs to her bathroom. She confirmed there had been a deep clean the day before but advised the landlord that the mould was still present and provided photographic support of this.
  5.  On 7 December 2021, the landlord apologised to the resident for the tiles having not been replaced and arranged an appointment for 10 February 2022, for the “tiles to be put back on the wall”. The resident stated that she was “expecting the whole bathroom to be retiled” as she had been waiting for over 2 years for the matter to be resolved. The resident also felt it was unreasonable for her to have to wait a further 2 months for the works to be completed.
  6. On the 14 December 2021, the landlord apologised to the resident for the appointment being in February 2022. It also said that it would not be retiling the whole bathroom, as this is not what the healthy homes report had recommended. It stated that the report advised that that the mould and damp was due to water entering gaps when the resident washed. The following day the landlord cancelled the repair and re-raised the works to a different contractor, in the hope of getting the works carried out sooner. The resident was made aware of this. The works that the landlord raised were for the front and left walls in the bathroom to be tiled all the way to the top.”
  7. On 20 December 2021, the resident made a complaint to the landlord advising that the tiling works had been outstanding since 2019. She was told that the landlord’s contractor had advised it was not arranging appointments until the new year. The landlord told the resident that she would be contacted by a senior member of its staff within 5 working days. The resident remained dissatisfied and told the landlord that “it was impacting people’s lives and mental health.”
  8. The landlord provided its stage 1 complaint response on the same day the resident’s complaint was recorded, 20 December 2021. It said:
    1. It apologised for the delay in repairing the bathroom tiles.
    2. It had contacted its contractor and confirmed it was not booking in appointments until the new year.
    3. The contractor would be in touch to arrange a date for the repairs to be booked in.
    4. If the resident wished to chase the repair in the new year, she could do this by calling the landlord.
  9. The resident escalated her complaint to stage 2 of the landlord’s complaints process on 20 December 2021. On 24 December 2021, the landlord acknowledged that it had escalated the resident’s complaint. It said that it would contact the resident within 20 working days with a resolution, while advising that due to public holidays the 20 working days maybe longer.
  10. On 15 February 2022, the resident chased the landlord asking when she could expect her stage 2 complaint response. She also advised that the works had not been completed and the mould had become worse. The resident also reported that parts of the wall were falling off every day. The landlord updated the resident the next day to advise that it was experiencing a “backlog, so there were delays in responding to existing complaints.” It apologised for the inconvenience caused and said that it would be in contact with the resident as soon as possible.
  11. The resident contacted the landlord on 1 March 2022, asking it to provide its final response to her complaint, as she wished to escalate her complaint to this Service. The landlord updated the resident on 2 March 2022, and advised that it had a new approach to complaint handling and its implementation had caused delays. It said that it was learning from this, and it was recruiting to strengthen its complaint handling. It apologised for this and said that it would be in touch as soon as it had allocated the resident’s complaint to an officer.
  12. Between 7 April 2022 – 28 October 2022, the resident contacted the landlord on at least 5 occasions, asking for its stage 2 complaint response. She also made reports of more tiles falling off the wall and raised her concerns for her family’s safety, due to the matter having not been resolved.
  13. The landlord records having sent a further stage 2 acknowledgement to the resident on 28 October 2022; however, this Service has not been provided with a copy of the acknowledgement. The resident contacted the landlord following this on 6 November 2022, to ask that the landlord add further issues to her complaint in relation to her previously being “promised new doors and windows.” She asked the landlord to follow this up as part of her complaint. She said that “the poorly insulated windows and doors” were pushing her into poverty and impacting her mental health and well-being.
  14. The landlord advised the resident on 8 November 2022, that it was unable to add the issues regarding her doors and windows to her complaint as they had not been part of her initial stage 1 complaint. It said that it would progress the resident’s concerns as well as the issues raised about the “appointment for the hot water to be fixed properly.” There has been no evidence seen by this Service to show that the landlord progressed these issues to stage 1 of its complaints process. It also advised the resident that it hoped to be in touch soon with the resolution to her stage 2 complaint.
  15. The landlord arranged for an inspection to be carried out to the resident’s bathroom on 21 November 2022; however, it recorded its attendance as no access. The resident contacted the landlord on 23 November 2022, and said that she had not been made aware of the appointment until the 18 November 2022. She told the landlord that it would need to give more notice when arranging appointments due to her availability with work. The resident requested a new appointment be made between 19 December 2022 – 2 January 2023, as she would not be working during that time.
  16. On 24 November 2022, the landlord wrote to the resident to advise that while it had said that it would provide its response by 25 November 2022, it would now be providing this by 9 December 2022. This was due to the previous officer that had been investigating her complaint, no longer working for the landlord. It apologised for any inconvenience that this caused.
  17. On 2 December 2022, the landlord wrote to the resident to advise that while it has raised repairs to be done to her doors and windows, these had been cancelled due to an upcoming inspection being carried out. It said that it would contact the resident again within 5 working days. The resident responded to the landlord to say that mould was growing inside her bedroom window and that it had been so cold she had been unable to sleep. She raised concerns that the repairs had “been cancelled even though the problems persist.”
  18. The landlord provided its stage 2 complaint response on 9 December 2022. It said:
    1. A damp and mould case for the residents bathroom had been raised on 2 November 2021, for an inspection to be carried out by its specialist contractor.
    2. An inspection was carried out on 11 November 2021, where it reported “whenever the resident has a wash the water splashes on the wall is causing damage/mould to the wall due to water ingress”, and repairs would be required to prevent further water ingress.
    3. Works were raised on 7 December 2021, for the repairs to be carried out. However, these works were cancelled on 15 December 2021, and re-allocated to a different contractor, with the hope that it could provide an earlier appointment. However, the new contractor had been unable to arrange an appointment until the new year.
    4. On 2 March 2022, the contractor reported to the landlord that it would be unable to tile the full height of the wall and it advised the landlord that it was only permitted to tile half the height. There has been no reason provided to this Service for why the landlord’s contractor was unable to carry out the tiling that the landlord asked it to do. It said that the resident was dissatisfied with this but would agree to this if the damage at the top of the wall was addressed. There has been no evidence seen by this Service to that this had been previously communicated to the resident.
    5. It was unable to evidence any further communication regarding the tiling from the 2 March 2022 – 27 July 2022, when a further works order had been raised, which was later cancelled by the landlord. Evidence seen by this Service confirms that it cancelled the works order due to a complaint being open.
    6. A further inspection to the bathroom was raised on 18 November 2022, by the landlord for 21 November 2022; however, the landlord had been unable to gain access due to it not having provided the resident with adequate notice prior to the appointment.
    7. From the photo’s seen by the landlord, it was possible the previous resident had installed the tiles as it was not the standard tile it would use. It had; however, agreed to re-tile the walls to the full height to prevent further water ingress, despite its contractor advising it was unable to carry out these works.
    8. Works had been raised and it would notify the resident of an appointment. As the repairs remained outstanding it would monitor the repairs and keep the resident updated.
    9. It apologised that the resident had frequently had to chase the repairs without being provided with a response. This was not the level of service it expected its customers to receive. It also apologised for the delay in providing its stage 2 complaint response, and for the distress and inconvenience caused to the resident.
    10. It offered the resident £500 compensation. It said that it would offset the payment against the residents rent arrears, in line with its policy. Its offer was broken down by:
      1. Inconvenience – £20 x 12 months = £240
      2. Time and effort = £100
      3. Poor complaint handling and communication = £60
      4. Delays in providing stage 2 complaint response = £100
  19. On 17 December 2022, the resident asked the landlord to confirm the date of inspection as well as the list of repairs that had been cancelled. She advised she was available until 3 January 2023, and would like the inspection to be carried out as soon as possible.
  20. On 20 December 2022, the landlord recorded that it had spoken with the resident, and she had advised that she was “unhappy with the repair issue and wants to speak with maintenance.” The landlord transferred the resident to its maintenance team following its discussion with her.
  21. On 25 January 2023, the resident advised the landlord that she would be available for the outstanding repairs to be carried out between 13 February – 17 February 2023. The landlord told the resident on 7 February 2023, that while it tries to accommodate requests for repairs to be carried out in the school holidays, it is not always possible. It said that it had arranged for the tiling works to be carried out over 2 days on 13 and 14 March 2023 and recorded that the works were completed on 14 March 2023.

Assessment and findings

Repairs to the bathroom including the request to be compensated

  1. The landlord is obliged under section 11 of the Landlord and Tenant Act 1985 to complete repairs within a reasonable time. It is responsible for the maintenance of the internal walls under the resident’s tenancy agreement and its repairs policy. Under its repairs policy the landlord is also responsible for the maintenance of wall tiles as well as condensation and mould via its healthy homes programme.
  2. In October 2021, this Service published a spotlight report on complaints about damp and mould (available here: Housing Ombudsman Spotlight report on damp and mould (housing-ombudsman.org.uk)). This confirms that damp and mould should be a high priority for landlords, and they should take a zero-tolerance approach, be proactive in identifying potential problems, extend investigations to other properties in a block, and clearly communicate to residents about actions.
  3. Following the spotlight report the landlord developed an action plan to address damp and mould within its properties. It states that when it receives reports of damp and mould from residents it will carry out a healthy homes assessment. This is to identify any repairs required and provide residents with a clean and shield treatment to remove the damp and mould. This Service is aware that the landlord has also introduced a damp and mould policy in May 2023.
  4. The landlord carried out a healthy homes assessment and completed a clean and shield treatment within 28 days, after the resident made her report of damp and mould to them in early November 2021. The landlord’s initial actions following the residents report were acceptable and taken within a reasonable timeframe.
  5. Following the provision of the assessment report in November 2021, the landlord raised an order for the recommended tiling works to be carried out. Following completion of the clean and shield, the resident reported to the landlord the next day that not all of the mould had been removed and provided photographs to support this. There has been no evidence seen by this Service to suggest that the landlord took any action to address or discuss this with the resident following her communication. It would be reasonable to expect the landlord to have either visited the property to inspect the works that had been carried out or to have arranged for a further clean to be completed. Its failure to do so, added to the impact already caused to the resident as well as her having to continue to live in mouldy conditions.
  6. While the landlord raised the recommended works in November 2021, following the healthy homes assessment, it did not arrange an appointment for these to be completed. This caused an unnecessary delay in the works being carried out. The landlord did not consider the impact that the delays would have on the resident’s health and wellbeing or show a willingness to resolve the matter at its earliest opportunity.
  7. When the resident asked the landlord when the bathroom tiling would be completed at the end of November 2021, it noted that the resident was expecting all walls in the bathroom to be re-tiled. It told her that this was not the recommendation made in the healthy homes assessment and it would only be replacing the tiles that had fallen off the wall. The landlord’s response did not reflect the works that it had raised following receipt of the assessment report. The landlord was conflicting in the works that it would be carrying out to those that had previously been raised. Its actions added to the resident’s frustration and distress in having to continue to have to try to bathe in mouldy conditions.
  8. The resident advised the landlord of her dissatisfaction with the appointment it had arranged for February 2022, for the tiling works to be carried out. The landlord arranged for another contractor to carry out the works with the aim of it completing the works sooner. This was unsuccessful and this Service does not dispute that the Christmas bank holiday period would have contributed to its contractor’s availability. The landlord was reasonable in trying to find an earlier appointment than the one that had been provided.
  9. The landlord recorded that its contractor reported in March 2022, that it was unable to carry out the recommended tiling works and the resident had shown dissatisfaction about this. It went on to say that the resident would agree to the tiling it could carry out, as long as the top of the wall issues were addressed. There has been no evidence seen by this Service to confirm why it was unable to carry out the recommended works, or that this was explained to the resident or that the landlord took any following this report. It would be reasonable to expect the landlord to have contacted the resident to discuss this matter further and agree any next steps.
  10. The landlord’s communication with the resident throughout its handling of the repair has been inadequate. Between 3 March and 27 October 2022, the resident was left to chase the landlord asking on multiple occasions for updates and responses. It did not acknowledge or update the resident during this time and the landlord did not dispute this in its stage 2 complaint response. While it was right to apologise for this and offer financial redress, the amount it offered was not proportionate to distress and inconvenience and time and trouble caused to the resident during this time. Nor did it consider the impact its complaint handling was having on the outstanding works required.
  11. The resident made reports to the landlord advising of her concerns that the condition of her wall was getting worse, with more tiles becoming loose and falling off. It is reasonable to expect the landlord to act quickly when receiving concerns for safety; however, there has been no evidence seen by this Service to show that the landlord took any action when the resident made these reports. This shows that the landlord did not consider the concerns being raised by the resident or take reasonable action to ensure her safety or resolve the residents concerns as soon as possible.
  12. The landlord advised the resident in February 2022, that it was experiencing delays in responding to complaint due to a new process; however, this should not have impacted on the landlord arranging for the works to be completed. The In its handling of the resident’s complaint it caused it unacceptable delays in the in the tiling repairs being carried out. While it did raise repairs for the tiling to be completed, this was only done following a chase up from the resident in July 2022. However, after having raised the repairs, it cancelled them due to having an open complaint. The landlord did not follow the dispute resolution principles set out in the Housing Ombudsman Complaint Handling Code. It was not fair in its handling of the repair due to the resident having an open complaint and it did not look to put thing right at the earliest opportunity. This added to the residents distress, and it continued to allow her to live in mouldy conditions.
  13. As part of the landlord’s stage 2 complaint investigation, it ordered a second inspection to be carried out to the resident’s bathroom, before arranging for the repairs to be completed. While it was reasonable for the landlord to carry out a second inspection, due to the resident’s further reports of tiles becoming lose and the concerns raised for safety, it should have arranged for a second inspection sooner. There is no dispute regarding the delays in the time taken to complete the repairs; however, the landlord has not evidenced the lessons it has leant from its handling of the repairs or advised of any changes it has made to its processes as a result. Had it have done this it would have provided reassurance to the resident that she would be unlikely to encounter this level of service again.
  14. The landlord’s handling of the repairs to the resident’s bathroom has been extremely poor. It took 16 months for it to complete the repairs needed, following its first inspection, which was unacceptable. While its policy did not provide a timescale for responsive repairs, this Service would see 28 days as being a reasonable timescale. It did not provide the resident with regular communications or updates. At times did not acknowledge the communications that it had received, even when there were reports of concerns for safety. In its stage 2 complaint response, it did apologise to the resident for the service it provided and offered financial redress. However, the amount offered was not in proportion to the impact caused to the resident, including her health and well-being, safety and it had allowed her to live in damp conditions for 16 months. Due to this, maladministration has been found in the landlords repair handling and the landlord is ordered to pay the resident £1800 compensation. This is broken down by: £1000 for loss of enjoyable use of the bathroom, £500 for distress and inconvenience and £300 for time and trouble.

Complaint handling

  1. The landlord’s complaints policy defines a complaint as an expression of dissatisfaction about the standard of service, actions, or lack of action it has provided. It states that where possible it will aim to resolve the complaint there and then, and if it has been unable to do this, then it will refer the complaint to the person or department best placed to help. Its compensation policy states where a resident has rent arrears, it will partly or fully offset a compensation payment or award against the debt. It says that it will consider an offer of compensation when:
    1. an apology alone is not sufficient.
    2. where there has been an impact to the resident due to a service loss or failure.
    3. or where it failed to follow its policies and procedures.
  2. While the landlord adhered to its stage 1 policy timescales, its delays in providing its stage 2 response was unacceptable. The landlord escalated the resident’s complaint to stage 2 of its complaints process in December 2021, and it advised that it would provide its stage 2 response within 20 working days. The landlord did not provide its response until early December 2022, taking almost a year for the resident to receive a response. During this time, the resident chased it for its response multiple times. While it apologised for the delay, it did not provide any justifiable reason for having taken this exceptional length of time. The resident advised the landlord on numerous occasions the impact this was having on her mental health and well-being. While it offered her financial redress; this was not proportionate to the impact it had on the resident or the distress and inconvenience its handling caused her.
  3. The landlord did not keep the resident updated during its handling of her stage 2 complaint. It provided 2 updates between February – March 2022, but only after the resident had chased it. In its update in March 2022, it said that it would provide its response “as soon as possible” but gave no indication of when this would be. Between March – October 2022, the landlord did not provide any updates to the resident in relation to her complaint. While it acknowledged this in its stage 2 complaint response, its lack of communication and updates only added to the resident’s frustration, and distress. The financial redress it offered for this was not proportionate to the impact it had on the resident.
  4. The financial redress it offered to the resident of £500 was offset against her rent account without discussion. This was in line with its compensation policy. However, the landlord should be aware that it is the Ombudsman’s position that compensation awarded by this Service, should be treated separately from any existing financial arrangements between the landlord and resident. It should not be offset against arrears. This applies regardless of whether the landlord’s compensation policy allows it to do this.
  5. In a communication regarding the resident’s stage 2 complaint response, the landlord advised the resident that it would progress her concerns regarding her doors and windows and the “appointment for the hot water to be fixed properly.” It did not explain what it meant by “progress” and so it was unclear at how it was going to respond to the issues raised. The resident’s communication to the landlord, was clear that she wanted to make a complaint regarding these matters. However, there has been no evidence seen by this Service that the landlord progressed these complaints through its complaints process. The landlord was not compliant with its complaints policy, and it did not take the opportunity to resolve the resident’s complaint when she raised it. This is poor complaint handling did not show a willingness to resolve the issues at its first opportunity.
  6. In July 2023, this Service carried out an investigation of the landlord under paragraph 49 of the Housing Ombudsman Scheme and provided a special report on the findings. The report included key orders and recommendations being made to the landlord for it to action. Some of the orders and recommendations given in the report would have been included in this Service’s determination of this case. However, as the landlord has previously been provided with these orders and recommendations, so they have not been included in this report. These include for the landlord to:
    1. review its complaints policy, procedures, and staff guidance;
    2. carry out staff training on complaint handling and lessons learnt;
    3. review its repairs inspection process and repairs record management;
    4. review its approach to damp and mould cases from beginning to end.
  7. The landlord’s complaint handling was poor and was not compliant with its own complaints policy. Its delay in providing its stage 2 complaint response was unacceptable and without justifiable reason, it did not provide the resident with regular updates, it did not update the resident on her complaint for 8 months, and it did not record complaints that the resident had raised, and its delays in its complaint handling also delayed the repairs to the residents bathroom being completed. Whilst the landlord apologised for its complaint handling and offered financial redress it was not proportionate to the impact caused to the resident. It did not reflect that it has fully considered or understood the detriment it had caused in its handling of the resident’s complaint. As a result, this Service has found maladministration in the landlord’s complaint handling, and it is ordered to pay the resident £1000 compensation. This is broken down by: £400 for its handling at stage 2, £300 for distress and inconvenience, and £300 for time and trouble.

Determination (decision)

  1. In accordance with paragraph 42(a) of the Housing Ombudsman Scheme, the complaint about the landlord’s handling of the lack of hot water is not within the Ombudsman’s jurisdiction.
  2. In accordance with paragraph 42(a) of the Housing Ombudsman Scheme, the complaint about the landlord’s handling of the repairs to the external doors and windows is not within the Ombudsman’s jurisdiction.
  3. In accordance with paragraph 52 of the Scheme, there was maladministration by the landlord in respect of its handling of the:
    1. Repairs to the bathroom, including the request to be compensated.
    2. Complaint handling.

Reasons

  1. The landlord did not consider the resident’s concerns about either her or her family’s safety.
  2. The landlord’s offer of financial redress was inadequate for its service failings and the impact caused to the resident.
  3. The time taken by the landlord to complete the repairs.
  4. The landlord did not respond to the residents complaint in line with its policy.

Orders

  1. The landlord is ordered to take the following action within 4 weeks of the date of this report. The landlord must provide the Ombudsman with evidence that it has complied with these orders within this timescale also.
  2. A senior manager must write to the resident and apologise for delays, distress, and inconvenience that has been identified in this report.
  3. The landlord must pay a total of £2800 compensation to the resident. This is inclusive of the £500 already credited to the resident’s rent account. Therefore, the landlord must pay the resident directly £2300. The total amount of compensation awarded by this Service comprises of:
    1. £1000 for the loss of enjoyable use of the resident’s bathroom due to the delays in repairs being completed.
    2. £600 for the time and trouble taken by the resident.
    3. £400 for the landlord’s handling of the complaint at stage 2.
    4. £500 for the distress and inconvenience caused to the resident in completing the repairs.
    5. £300 for the distress and inconvenience caused to the resident due to the landlord’s complaint handling.
  4. The landlord must reinspect the property for damp and mould within four weeks. Particular attention should be paid to the bathroom.
  5. The landlord must review this case to ensure the key failings and lessons learnt are identified to improve its service delivery to its residents.
  6. The landlord must contact the resident to discuss her complaint about the doors and windows, and the hot water if it has not already done so. Once discussed the landlord is to record and respond to the resident’s complaint in line with its complaints process.