London & Quadrant Housing Trust (L&Q) (202227820)
REPORT
COMPLAINT 202227820
London & Quadrant Housing Trust (L&Q)
30 September 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 resident’s complaint was about:
- The landlord’s response to the resident’s reports of issues in relation to her heating and hot water systems in terms of and including the resident’s distress and inconvenience, missed appointments delays, and the vulnerability of the household.
- The landlord’s complaint handling.
Background and summary of events
- The resident occupied the property under an assured tenancy together with her four children. It was a two storey, three-bedroom house and she had lived there since 2010.
Legal and policy framework
- The landlord did not provide the terms and conditions of the tenancy agreement for the resident to this service, however statutory terms were implied into the tenancy agreement as follows:
- Under Section 11 of the Landlord and Tenant Act 1985 (“the Act”), the landlord must keep the structure and exterior of the property in repair including the drains and gutters.
- In addition, the landlord is expected to meet the home standard set by the Regulator of Social Housing, including that it meets the current statutory minimum standard for housing and provides a reasonable degree of thermal comfort under the Housing Health and Safety Rating System (HHSRS) introduced by the Housing Act 2004 which is concerned with avoiding or minimising potential hazards. While a resident has recourse under Section 9a of the Act if they wish to take legal action, the local authority is responsible for monitoring and enforcing the HHSRS standards.
- The landlord is obliged to carry out repairs within a reasonable period. What is reasonable will depend on the urgency of the repair.
Chronology
- The landlord provided the repair records for the property. Prior to December 2022, this showed the following repairs raised: in March 2015 no heat or hot water due to a water tank leak, in December 2017, the kitchen boiler, in March 2019, partial water supply affected, in January 2020, water pressure issues, on 14 June 2022, the thermostat was broken and September 2022, missing TRVs (thermostatic radiator valves). In October 2022, no water supply was reported.
- On 25 December 2022, the resident reported an “uncontainable” leak, and no heating or hot water. The job was marked as cancelled and marked as “no access”. It was not clear whether a repair was carried out on 29 December 2022 however subsequent contractor notes indicated that the thermostat was repaired and “resolved” on 6 February 2023. A non-contemporaneous note stated that a contractor was to attend on 30 December 2022 but was rebooked for 6 January 2023 due to illness.
- According to the landlord’s records and Stage 1 complaint response, the events were as follows:
- A job to repair the boiler was first raised on 25 December 2022. The engineer did not attend appointments booked on 25, 26 or 28 December 2022.
- A new job was raised on 29 December 2022. The engineer’s report noted this related to a leaking boiler. A new prv (pressure reducing valve) was required and ordered. The leak was contained on or by 11 January 2023. While a new prv was fitted, it was still leaking. Further parts were ordered and the engineer left heaters with the resident on that day.
- On 18 January 2023, a report of no heating/hot water.
- According to a contractor’s note, a job was raised on 20 January 2023 to repair the boiler, and on 27 January regarding an expansion vessel. No access was reported on 31 January 2023. An engineer attended and resolved the heating issue but the hot water was not working. The job was marked as completed on 1 February 2023. According to the repair records, a leak from the water tank was reported which possibly was affecting the water pressure.
- According to the internal notes, an engineer attended on 2 February 2023. The landlord wrote to the resident the following day stating there was no pre-paid gas and she should contact the contractors when she had topped up the gas card which she did the same day. The immersion tank had been disconnected. Repairs were booked for 7 February 2023. According to the repair records, the contractors ordered new parts. While the notes are not entirely clear, they appeared to be for the immersion heater and a radiator valve. The evidence shows the landlord continued to chase the contractors.
- On 7 February 2023, an engineer attended again and ordered further parts and a missing cover that would take 3-5 days.
- Contractor’s notes, corroborated by the repair records, stated that on 10 February 2023, a plumber was to attend to a leak in the loft tank, which could affect the boiler. This was shown as complete on 21 February 2023.
- An appointment on 15 February 2023 was cancelled due to the engineer’s illness. They attended on 20 February 2023, changed the parts but were unable to test the boiler as there was no gas on the meter.
- Emails show that the landlord continued to chase the repairs throughout.
- On 28 February 2023, the resident reported that the hot water had stopped again on 22 February 2023. She reported that the compensation the landlord had offered did not cover energy costs, the family had been unable to bathe, and the kettle had broken down due to overuse. The engineer was due to attend on 21 February 2023 to test the gas but did not do so. Her water bill had increased due to the leak. She wished to be decanted. She wanted her rent arrears cleared so she could exchange. According to the repair records, the radiators were reported as not working.
- According to subsequent emails, but not reflected in the records, the resident reported non-working radiators which contractors attended to.
- There was a gap in the records and evidence. No water pressure was reported in May and June 2023.
- On 14 April 2023, the contractor assessed that the lounge radiators were deemed to be of an adequate size for the room but did not carry out a full heat loss survey of the property.
- On 10 June 2023, according to the landlord’s records, the resident reported there was no running water in the property at all. It was noted that “no running water in the property at all pressure in the cupboard near the immersion heater is leaking and low pressure which is why there’s no water coming through the shower or taps”. A contractor noted on 20 June 2023 that it had repaired pipework damaged by another contractor and full heating and hot water was restored to the property.
- The landlord’s operative attended on 28 June 2023 and replaced a pipe under the bath, checked the water cylinder in the loft and cleared an airlock but the water pressure was still low as the hot water cylinder was next to the bathroom.
- On 22 September 2023, a contractor carried out a gas service and no defects were reported at the visit.
- On 30 October 2023, the repair records showed repairs only defined as “legal disrepair”. According to the contractor records, the thermostat was to be replaced. The contractor reattended on 30 October 2023.
- The repair records and contractor’s records for January 2024 were marked several repairs as “legal disrepair” as completed, including no lid on the water cylinder tank, wires hanging loose, and no display on the thermostat.
- According to an email from the contractor to the landlord, the living room radiator/ thermostat was replaced on 6 November 2023.
- On 22 November 2023, a loud noise was reported and a contractor attended on the same and found the boiler casing needed adjusting.
- Further works were due to take place on 14 February 2024. A contractor reported that it was unable to remove the remove immersion heater, as it was “seized in”. This was to have been followed up by the landlord.
- The landlord continued to chase the contractor.
- On 10 June 2024, according to the repair logs, the resident reported no heating but the hot water was working. The heating only worked if the hot water was on. According to the records, it appeared the repair was completed but the notes are not entirely clear.
- On 10 June 2024, the resident made a fresh complaint regarding an ant infestation, she had requested a move, and her boiler had stopped working.
- The repair log provided to this Service ended at 1 August 2024.
- On 11 September 2024, the resident informed this Service that the thermostat was not resolved, and no new immersion heater water cylinder was fitted, also the boiler was shutting down by itself, and not heating up the radiators. She also reported that the landlord had taken steps regarding the ant infestation but was still active. This last issue is not subject to this investigation as it is part of another complaint which has not been referred to tis Service, however the Ombudsman will make a recommendation in this regard.
The complaint
- On 17 January 2023, according to the landlord’s internal records, the resident reported that it was an “old school boiler system”. She had been without heating and hot water since the 25 December 2022. Repairs had been attempted. She had been provided with electrical heaters but was unable to use the gas cooker as well. This was incurring additional energy costs. The contractor was due to attend on 18 January 2023 with parts. The landlord logged this email as a complaint.
- The landlord acknowledged the complaint of the same day and described it as regarding no heating or hot water.
- On 22 February 2023, the landlord replied with its Stage 1 response as follows:
- t set out the repairs from the records:
- It had offered £90 for the missed appointments of 25, 26 and 28 December 2022 and the contractor would compensate for the cancelled appointment on 15 February 2023.
- It also offered £392.48 as follows:
- No heating and hot water for 38 days from 25 December 2022 to 31 January 2023 – £152.
- No hot water for 20 days from 1 February 2023 to 20 February 2023 – £40
- Inconvenience and distress – £50.
- Electric reimbursement for 38 days from 25 December 2022 to 31 January 2023 – £150.48.
- On 14 April 2023, the resident’s solicitors wrote to the landlord with a pre-action protocol letter for disrepair. This set out a number of issues of disrepair and included:
- The boiler leak of 25 December 2022. The resident had had had no heating or hot water from 25 December 2022 to 21 February 2023.
- The immersion heater was repaired on Monday 20 February 2023. Until then, the immersion heater never worked at all. The resident had “only been able to use” the immersion heater since that date.
- A non-working radiator in one of the bedrooms.
- There was damp and mould in an attic area containing the water tank.
- The disrepair/housing conditions were causing a significant and imminent risk to the resident and her family’s health and safety.
- The resident’s expert surveyor inspected the property 6 June 2023. The report dated 13 September 2023 included the following repairs:
- The hallway radiator was working.
- A leak from the hot water cylinder/immersion heater.
- On the balance of probabilities, the radiator was not reaching the correct temperature as the room thermostat within the hallway was missing at the time of inspection.
- The boiler was repaired in March 2023 and was working correctly.
- Water pressure was dictated by the head of water above the highest point of the shower head which, in this instance, was the cold water storage tank which was located in an eaves storage cupboard on the floor above and was not considered to be a defect.
- A bedroom radiator was working.
- On 19 October 2023, the parties agreed the following:
- The landlord to pay the resident £3,250 in compensation in full and final settlement of disrepair/defects at the property to date.
- The landlord to complete all works set out in the report of 23 September 2023 within 90 days of the date of the agreement.
- On 7 February 2024, the landlord wrote to the resident as follows:
- It referred to the resident to this service, her solicitor and advice agency.
- It referred her to insurers to claim on health grounds or for damaged personal items.
- It referred her to her solicitors to address the central heating thermostat not having been replaced.
- The leak had stopped on the hot water cylinder. It would decorate where the plumber had sprayed dirty water up the wall.
- The plumber was going to return to the depot and state that you needed a new hot water cylinder.
- It awarded an additional £100 in vouchers.
- On 24 February 2024, the landlord replied with its Stage 2 response as follows:
- The issues were summarised as that it had taken “too long” to fix the issue which affected the resident’s heating and hot water. She was provided with temporary heaters but could not use the cooker, compensation was requested for the increase in electricity usage during the period the boiler was malfunctioning.
- It would consider the complaint handling, her time and effort in getting the repairs fixed, the inconvenience, distress, and any relevant service failure.
- It accepted that she had to wait a long time for the repairs to be completed in March 2023. Engineers attended up to October 2023 to complete follow-on works although some works were unrelated to this case, regarding the power to the cooker and no water pressure. However, some of these issues could have been caused by plumbing, leaks and faults to the electricity supply to the kitchen, boiler, thermostat, and hot water cylinder.
- Its Stage 2 response had been delayed due to a backlog.
- The contractors had confirmed that on 6 November 2023, the missing thermostat was replaced and the leak on the hot water cylinder was repaired and “possible replacement of vent valve”.
- There was no confirmation that the contractors installed a lid on the cold water tank in the loft.
- The resident would have been frustrated with missed appointments.
- It noted the impact of no hot water and heating and lack of bathing facilities.
- It had estimated running costs of temporary heaters for a period and the usage of extra utilities including water.
- It had suggested training to prevent similar service failures in the future.
- It referred her to advice for a move.
- It referred her to the report of 13 September 2023 in relation to the hallway radiator and other issues.
- In relation to use of personal items, such as towels to mop up leaks, it added compensation for loss of any items.
- It referred her to its insurers for larger items.
- It offered £2,334 consisting of:
- No hot water £124.
- No heating £90.
- Distress for failure to recognise the impact due to vulnerabilities £220.
- Inconvenience for failure to recognise the impact due to vulnerabilities £220.
- Time and effort getting the complaint resolved £220.
- Poor complaint handling £480.
- Missed appointments £80.
- Increase in electricity and water costs from December 2022 to February 2023 £200.
- Delay on repairs £600.
- Loss of personal items due to leaks £100.
- Leading up to this Second Stage response, the complaints officer had carried out a detailed investigation of the complaint, including with its legal team, and the contractors. The outcomes of those investigations were largely reflected in the Stage 2 response so are set out below. The internal emails at that period showed that the landlord’s compensation calculation took into account that there were children under 11 years of age in the home, that there were leaks and repairs not fixed for almost a year, and that the works were not completed from December 2022 to October 2023. It also noted that while the contractors had compensated for some missed appointments, over the period of the complaint and legal case, there were others.
Assessment and findings
Scope of this investigation
- The resident reported how the events complained of affected her and her children’s health. The Ombudsman cannot conclusively assess the extent to which a landlord’s service failure or maladministration has contributed to or exacerbated a complainant’s physical and /or mental health. We cannot assess medical evidence and do not make findings on matters such as negligence. This is an aspect that was raised by the resident’s legal representative. However, the Ombudsman does carefully consider what a resident tells us about how they have been affected by the issues in their complaint, including the overall impact on them, and may set out a remedy that recognises the overall distress and inconvenience caused to a complainant by a particular service failure by a landlord.
- The Ombudsman has considered the scope of the claim made on the resident’s behalf through solicitors. The Ombudsman notes that the legal disrepair claim covered the loss of heating and hot water, including the issues with the thermostat and radiator. While the evidence is not clear either way, it was open to the resident’s solicitors to take into account the history of the disrepair including the period leading up to the incident of 25 December 2022. Although the expert report stated that by the time of his visit of June 2023, some of the issues had been resolved, it was open to the legal representative to ensure any previous inconvenience was addressed.
- The settlement was negotiated and agreed in good faith between the parties with the benefit of legal advice. It was intended to be a final settlement. In the circumstances, the Ombudsman does not consider it would be fair and proportionate to go behind that settlement. While there may have been pragmatic reasons not to, if the resident had not been satisfied with the offer, it was open to her to progress it through the courts. In the circumstances, the Ombudsman will consider the same issues that the complaint officer considered, including the resident’s distress and inconvenience, missed appointments, delays, and the vulnerability of the household.
The landlord’s response to the resident’s reports of issues in relation to her heating and hot water systems in terms of and including the resident’s distress and inconvenience, missed appointments delays, and the vulnerability of the household.
- The Ombudsman has noted some of the issues such as a water tank leak and lack of thermostat had been ongoing for some time and may not yet be resolved and will make a recommendation accordingly.
- The Stage 2 complaint took into account additional utility costs, as had the Stage 1 response, the fact that the repairs were delayed, the numerous attendances and missed appointments. It also addressed the household vulnerabilities and the impact of the landlord’s service failures on the family. While it calculated a sum for loss of heating and hot water (December 2022 to March 2023), it took an overview that the household was impacted for a much lengthier period, despite it not being consistently so, and awarded compensation for distress and inconvenience for that period. There were instances when the landlord responded to the resident’s reports within a reasonable period.
- The Ombudsman is therefore satisfied that the compensation covered the period from December 2022 to the date of the Stage 2 complaint response dated 1 February 2024. The Ombudsman is satisfied that the events and issues were addressed and covered by both the legal disrepair claim and the complaints process. The Ombudsman also considers that the compensation offered by the landlord at Stage 2 was reasonable and in the circumstances finds the landlord made reasonable redress in relation to the complaint.
- While the number of incidents of defects and appointments was distressing for the resident, there was no evidence that a decant would have been required. However, it is not clear whether or when the missing cover of the tank was replaced, and there was a discrepancy in the evidence as to whether the thermostat was replaced. According to the contractor, it was repaired or replaced in February 2023, according to the landlord, it was replaced on 6 November 2023 and according to the resident not at all. Moreover, the resident is still reporting that her boiler is not working. In the circumstances, the Ombudsman will make recommendations and we would expect the landlord to follow these through.
- The Ombudsman previously ordered the landlord to carry out a review of its practice under paragraph 54(g) in relation to responding to requests for repairs due to leaks. Some of the issues identified in this case are similar to the case already determined (case reference 202340261) including a review of “the processes and procedures it has in place to support accurate record keeping, including reports of repair issues, all actions taken in response, inspection notes, and details of any repairs carried out”. The landlord has demonstrated compliance with our previous wider order so we have not made any orders or recommendations as part of this case, which would duplicate those already made to the landlord. The landlord itself should consider whether there are any additional issues arising from this later case that require further action.
Complaint handling
- It was reasonable that the landlord treated the resident’s email of 17 January 2023 as a complaint as it proactively identified that the resident was expressing dissatisfaction with its service. While the Stage 1 response was disappointing, this was rectified when the landlord carried out a thorough investigation at Stage 2. It was also reasonable that the landlord took an objective view and considered that the evidence about “no access” was not sufficient. It took the learning on board and gave the resident the benefit of doubt. This demonstrated a non-defensive attitude on the part of the landlord. It is noted that the complaints officer chased the repairs team throughout. It was also reasonable that the landlord took an overview of the entire period (January 2023 to October 2023, the resident’s report of the impact on bathing facilities and also recognised the resident’s vulnerabilities.
- The Ombudsman considers it reasonable that the landlord referred the resident to its insurers regarding the loss of items. This also could have been considered within the legal claim and would be more properly considered by the landlord’s insurers.
- It is noted however that the contractors had confirmed that on 6 November 2023, the missing thermostat was replaced and the leak on the hot water cylinder was repaired and “possible replacement of vent valve”. The response pre-dated the repairs due to take place on 14 February 2024 and should be followed up. The Ombudsman will make a recommendation in that regard.
- There was a considerable delay to the Stage 2 complaint response, which the landlord recognised. The Ombudsman finds that the landlord made a reasonable offer of redress in relation to those failures which was in line with the Ombudsman’s own levels of compensation.
Determination (decision)
- In accordance with Paragraph 53(b) of the Housing Ombudsman Scheme, in the Ombudsman’s view, there was reasonable redress in relation to the landlord’s response to the resident’s reports of issues in relation to her heating and hot water systems.
- In accordance with Paragraph 53(b) of the Housing Ombudsman Scheme, in the Ombudsman’s view, there was reasonable redress in relation to the landlord’s complaint handling.
Reasons
- The landlord recognised its failings and service failures and offered reasonable compensation. The parties agreed a settlement through solicitors using the pre-action protocol in disrepair and that the complaint process offered reasonable redress for matters outside the disrepair claim.
- The landlord carried out an investigation at Stage 2 and addressed the delays in its complaint handling, as well as paying compensation for additional utility costs.
Recommendations
- The landlord should inspect the property to include the following:
- Ensure that the thermostat is in place and in working order.
- Check the boiler and consider a replacement or any repairs that will future proof it for a reasonable period.
- Follow up on the repair to the hot water cylinder.
- Ensure there is a lid fitted to the water tank.
- Follow up further on the resident’s report of an ant infestation.
- The landlord should provide feedback on the above recommendation to the Ombudsman within 4 weeks of this report.