London & Quadrant Housing Trust (202122562)

REPORT

COMPLAINT 202122562

London & Quadrant Housing Trust

29 March 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:
1. Response to the resident’s reports of damp and mould at the property.
2. Complaints handling.
3. The Ombudsman has also considered the landlord’s record keeping.

Background and summary of events

The resident is an assured tenant in a property owned and managed by the landlord. The property is a second floor two bedroom flat. The landlord has no recorded vulnerabilities for the resident.
The resident’s tenancy agreement lists a leaking roof as an urgent and emergency repair.
The landlord’s repair policy says that the landlord is responsible for maintaining the following: the structure and exterior of the property, including walls, roofs, drains, gutters and external pipes. The policy also says that the landlord is responsible for penetrative and rising damp and, via its healthy homes programme, condensation and mould.
The landlord’s repair policy also says that for emergency repairs, where there is an immediate danger to the occupant or members of the public, it will attend within 24 hours.
A note published on the landlord’s website on 23 January 2023 says that it has been proactively tackling damp and mould since April 2020 through its healthy homes programme. The note says that when a case of damp and mould is reported, its contracted mould eradication specialists conduct a healthy homes assessment to identify the root cause of the problem and, in nearly all cases, mould removal and shielding are undertaken. Damp and mould advice is also provided to residents, and humidity sensors are fitted unless refused.
The landlord has a responsibility under Housing Health and Safety Rating System (HHSRS), introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Damp and mould growth are a potential hazard and therefore the landlord is required to consider whether any mould problems in its properties amount to a hazard that may require remedy. Landlords should be aware of their obligations under HHSRS, and they are expected to carry out additional monitoring of a property where potential hazards are identified.
The Ombudsman’s Spotlight Report on Damp and Mould (published October 2021) provides recommendations for landlords, including that they should:
1. Adopt a zero-tolerance approach to damp and mould interventions. Landlords should review their current strategy and consider whether their approach will achieve this.
2. Ensure they can identify complex cases at an early stage and have a strategy for keeping residents informed and effective resolution.
3. Ensure that they clearly and regularly communicate with their residents regarding actions taken or otherwise to resolve reports of damp and mould.
4. Identify where an independent, mutually agreed and suitably qualified surveyor should be used, share the outcomes of all surveys and inspections with residents to help them understand the findings and be clear on next steps. Landlords should then act on accepted survey recommendations in a timely manner.
The landlord has a two stage complaints procedure. At stage one the response time is 10 working days and at stage two 20 working days.
The resident is represented by a friend in bringing his complaint to this Service, and in some of his communication with the landlord. For the avoidance of confusion in this report the resident and his representatives are referred to as “the resident”.
The resident says that he first reported damp and mould in his property to the landlord in April 2021.
On 2 July 2021 a neighbour reported a leak and the landlord’s notes say that a communal job was raised.
On 7 July 2021 the resident called the landlord about extensive leaks through the walls in the bedroom, hallway and front room at the property. The resident was told that this was a communal issue in the building and a job had been raised.
On 25 August 2021 the resident sent an email to the landlord’s complaints team saying that:
1. He had tried to speak to someone at the landlord a number of times over the previous three months to try to resolve an extremely serious damp and mould issue in the property. He had only once been able to speak to someone and had waited an hour on the phone on a number of occasions.
2. He said that the mould and damp had been present for three months due to an issue with water entering the building via the roof and down the walls and many other flats in the building had the same problem.
3. He attached photographs of the mould at the property and said that he had developed a cough and chest issues recently.
4. He thought that the water ingress from the roof must also be causing serious structural damage to the building.
5. The one time he had managed to speak to the landlord he had been told that the landlord would send a surveyor to survey the roof. However, this had not happened.
On 14 September 2021 the landlord raised a works order for the property to be inspected as the resident had reported severe damp and mould issue on the walls and ceilings. The landlord sent the resident an email confirmation concerning the works order on the same date. The landlord’s records show the order marked as “Complete No Action” with a complete date of 1 November 2021.
The landlord responded to the resident’s complaint on 3 November 2021. In its response the landlord said that:
1. It had an open case with its healthy homes team and an outstanding work order in regards to the ongoing damp and mould issues in the property.
2. Its healthy homes team and specialist contractors would work with the resident over the next year to fully resolve the damp issues and ensure that they weren’t reoccurring.
3. Its specialist contractors would initially inspect the property to see where the damp was coming from and whether there were any additional underlying causes. They would be in touch with the resident shortly.
4. It had arranged for its supervisor to carry out an inspection of the roof to find out what works needed to be carried out.
5. It apologised for the delay in getting the roof works booked in and the damp and mould issues resolved.
6. If the resident didn’t agree with the decision, it was to let the landlord know and it would escalate the complaint to the next stage.
On 8 November 2021 the resident sent an email to the landlord asking to escalate the complaint. In his email the resident said that:
1. The landlord’s specialist contractor had already contacted the resident two months previously and had said that it was pointless treating the mould until the roof and guttering had been repaired.
2. He thought that the underlying cause had already been established as an inspector did a survey several months ago and there was an issue with the guttering on the roof allowing rain water to run down the cavities of the building, creating damp and mould in the flats.
3. The landlord had said in its complaint response that it would arrange an inspector to assess the roof. However, scaffolding had already been erected around the building on the 26 October 2021 and work scheduled.
4. For the last eight months, every day after work, he had had to wipe away substantial amounts of black mould from the walls in every room in the property, which would come back within hours. The mould and damp had grown around electric sockets (which was a fire risk), the heaters and his bed headboard.
5. He had been breathing the black mould spores for eight months and now had a continuous cough and chest issues.
On 10 January 2022 the resident sent the landlord an email saying that the scaffolding that had been put up for the works to the roof had been taken down that day without any work having been carried out. The resident had thought the work was going to start on 11 January 2022.
On 11 January 2022, following contact from the resident, this Service wrote to the landlord saying that the resident hadn’t received a response to his escalation request and asking the landlord to provide a written response to the resident by 26 January 2022.
On 13 January 2022 the landlord sent an internal email saying that the resident had called as he still had damp and mould in the property. However, although the landlord’s specialist contractors had already inspected the property there was no report on the landlord’s system to advise what work needed to be carried out to fix the problem. It was also unclear as to whether the work to the roof had been carried out before the scaffolding had been removed on 10 January 2022.
On 17 January 2022 the resident sent the landlord an email saying that he still hadn’t had a further complaint response, despite asking to escalate his complaint on 8 November 2021. The resident said that the situation had continued to deteriorate as the plasterboard walls in the property were now soft “like cardboard” and crumbling, the doors had become warped and weren’t shutting and the electric sockets in the bedroom were not working.
On 20 January 2022 the landlord sent an internal email saying “We can’t sort the damp until the roof leak has been sorted. I have been chasing this work being done since last year, and in December there was a note on the job saying ‘[the landlord’s surveyor] to attend, water is coming from cavity tray weep holes inside cavity walk. Not guttering’ and an appointment booked in for 11/01. “However, the landlord said that in the new year the note had just said that the surveyor was to attend and the appointment had gone and although the scaffolding to complete the job had been put up before Christmas it had been taken down on 10 January 2022 with no work having been completed.
The landlord’s surveyor sent an internal email on 21 January 2022 saying that he had attended the building on 11 January 2022 and inspected three flats. He said that the same leak that was affecting the resident’s flat was affecting various other flats. Investigation was still on going and he thought that the leak was getting through the capping on high level brickwork and entering the cavity. Once he had inspected two top floor flats he said that he would be better placed to instruct the leak detection contractor to conduct specialist water tracing.
On 21 January 2022 the landlord emailed the resident to confirm whether its surveyor would be able to access the property on 1 February 2022.
On 26 January 2022 the landlord sent the resident a complaint response headed “Final decision letter”. In its complaints response the landlord said:
1. It was sorry for the delays in resolving the ongoing issue with the damp and mould that were being caused by the ongoing roof leak.
2. Its supervisor would carry out an inspection on 1 February 2022 concerning rectifying the roof leak.
3. It had made its supervisor aware that the ongoing roof leak had previously been identified as the root of the damp and mould issues. Once the inspection had been carried out its supervisor would be able to raise the required jobs and it would update the resident about appointment dates for the works.
4. If the resident didn’t agree with the landlord’s response it needed to contact the landlord who would escalate the complaint to the next stage.
The resident responded to the landlord on 27 January 2022 saying that:
1. He had previously made it clear to the landlord that he had wanted the complaint escalated to stage two of the landlord’s complaints process.
2. The landlord’s complaint response dated 26 January 2022 provided no information except that a supervisor would be inspecting the property on 1 February 2022 which he had already known.
3. It had taken the landlord ten months to get a supervisor to look at the issue and to respond to his emails and calls more than once.
4. There was still no confirmation about when the roof leak would be repaired.
5. The landlord hadn’t confirmed that it would be repairing or redecorating the property.
6. The landlord hadn’t confirmed if it would be paying him any compensation.
The landlord sent an email to the resident dated 11 February 2022 again apologising that the delays in addressing the damp and mould at the property caused by the roof leak were continuing. It said that it was waiting for a response from the supervisor who attended the property on 1 February 2022 to find out what works he had recommended. It confirmed that it had escalated the complaint to stage two.
On 2 March 2022 the landlord sent an internal email saying that the resident had called asking for an update on when the work to the roof would be starting and that “As you can imagine the resident is beyond frustrated with having to chase for information and need things to move quickly. Is there any chance we can decant [the resident], whilst we investigate this, as it is affecting his health and it won’t be too long until we are on ITV again.”
On 24 March 2022 the landlord wrote to the resident saying that it was sorry that it hadn’t been able to resolve his complaint and once it had completed the investigation, it would write to the resident by 31 March 2022 with its response.
On 31 March 2022 the landlord sent its stage two complaint response to the resident. In its response the landlord said:
1. Following reports from residents about a leak an inspection had been completed in October 2021 to inspect a suspected leak relating to either the guttering or the roof on the building. This had been delayed as scaffolding needed to be erected and a separate non related leak had to be inspected.
2. Following this inspection the landlord had continued to investigate the leak causing the damp and mould in the resident’s property. From an inspection carried out on 11 January 2022 the landlord had suspected that the leak related to weep holes from the cavity trays that were letting in water and noticed staining to the wall above the gutter hopper.
3. Following this inspection the landlord had contacted its specialist damp and mould contractor and had requested access to flats above the resident’s property. Unfortunately access could not be provided for both flats for a combined survey to be completed.
4. It had visited the property on 1 February 2022 and found that the property had several large areas of damp at low level and midrange readings on the damp meter.
5. On 10 February 2022 the landlord had attended the property to check and make safe the electrical fixings and switches in the bedroom at the property.
6. It would arrange for its specialist damp and mould contractor to complete a full water tracing survey to the two flats above the resident’s property.
7. Once the surveys in the two flats above the resident’s property were carried out and the cause of the leaks had been identified the works would be booked in to rectify the issues and any internal repairs to the property would also be booked in and a scope of works provided to the resident. The landlord would keep the resident updated once the survey had been booked.
8. It would contact the resident to arrange for a dehumidifier to be delivered to the property to reduce the level of humidity within the property on a temporary basis.
9. It would arrange for the property ventilation system to be serviced.
10. It provided the resident with details of its liability insurance concerning any linked damage or impact on the resident’s health.
11. It recognised the time, effort and inconvenience the matter may have caused the resident and therefore offered him £780 compensation made up as follows:
  1. £500 for his time and effort in bringing the matter to its attention and all the distress experienced, including service failure, relating to communications.
  2. £250 for right to repair including the delay in identifying the cause of the damp and mould.
  3. £30 for the delay in the complaint being allocated to be reviewed at stage 2 and the delay in it being escalated from stage one.
The landlord’s complaint response dated 31 March 2022 was its final response to the resident’s complaint, confirming that the complaint had exhausted the landlord’s internal complaints process.
Following the final response the landlord:
1. Delivered a dehumidifier to the resident on 13 April 2022.
2. Visited the property on 9 September 2022 to service the ventilation system. The landlord had also serviced the property ventilation system in March 2022 and had told the resident that the filters needed replacing and that it would arrange for that to be done.
3. Arranged for its specialist damp and mould contractor to carry out a water tracing survey on 13 May 2022 in the two flats above the resident’s property.
4. Arranged for its specialist damp and mould contractors to carry out a survey at the property on 24 August 2022.
5. Exchanged internal emails about a survey being carried out to the roof of the property to establish if the leak was coming from the roof. There were safety issues about accessing the roof, but these were clarified on 11 August 2022.
During the course of this investigation the resident has informed this Service that damp and mould is still present throughout the property and that the landlord inspected the property again in October 2022. The resident said that the landlord’s damp and mould specialists had told him during their inspection in August 2022 that they would keep him updated. However, he has said that he has had no updates on the results of the landlord’s surveys, whether the landlord has found the source of the leak and what action it will be taking to rectify the leak and the resulting damp and mould.

Assessment and findings

In reaching a decision about the resident’s complaint we consider whether the landlord has kept to the law, followed proper procedure and good practice, and acted in a reasonable way. Our duty is to determine complaints by reference to what is, in this Service’s opinion, fair in all the circumstances of the case.

The landlord’s response to the resident’s reports of damp and mould at the property

It is recognised that the situation has been distressing for the resident over a considerable period of time.
In its responses to the resident’s complaint the landlord apologised for the delays in rectifying the damp and mould at the property. The landlord offered the resident £500 for his time and effort and the distress he had experienced as a result of the landlord’s communications failings and £250 for the delays in identifying the cause of the damp and mould. The landlord also said that it would arrange for it specialist damp and mould contractor to complete a full water tracing survey to the two flats above the resident’s property and book in the necessary works to rectify the issue. It would also book in any internal repairs required to the property and provide a scope of works to the resident. It would also keep the resident updated, provide a dehumidifier and arrange for the property ventilation system to be serviced. property to reduce the level of humidity within the property on a temporary basis.
When there are failings by a landlord, as is the case here, the Ombudsman’s will consider whether the redress offered by the landlord (apology, compensation, offer to carry out surveys and commitment to carry out necessary works) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles; be fair, put things right and learn from outcomes.
The landlord’s failings were significant as:
1. The landlord was in breach of its repair obligations as under the terms of the landlord’s repairs policy it is responsible for the structure and exterior of the property, including walls, roofs, drains, gutters and external pipes. The landlord is also responsible for condensation and mould.
2. The resident reported the damp and mould at the property to the landlord in April 2021, but no remedial work had been undertaken by the time of the final response to the complaint, almost 12 months later.
3. Under the terms of the tenancy agreement a leaking roof is classed as an urgent and emergency repair. The landlord’s repair policy does not provide information about its timescale for responding to urgent repairs or to emergency repairs where there is not an immediate danger. However, having identified that there were leaks from the roof in the summer of 2021 it was not appropriate for the landlord to fail to rectify an urgent and emergency repair for almost 12 months by the time of the final complaint response.
4. The landlord did not keep the resident updated on the progress of its inspections or of any repair work that was recommended, causing the resident to incur time and trouble in chasing the landlord for updates.
5. In January 2022 the resident chased the landlord to find out what work had been carried out while the scaffolding was at the building. The landlord did not respond to this request until its final complaint response on 31 March 2022, and then it merely said that it had inspected the roof. However, it did not provide details of its findings.
6. The landlord did not dispute that there was damp and mould at the property, however, despite its obligations under HHSRS, it failed to implement any ongoing monitoring to address the persistent damp and mould problem.
7. The resident has said that the landlord informed him that there was no point treating the damp and mould until the leak had been rectified. However, there is no evidence that the landlord considered how to alleviate the resident’s living conditions or whether to decant him whilst it rectified the cause of the damp and mould.
8. The landlord’s response to the resident’s reports of damp and mould did not comply with the following recommendations set out in the Ombudsman’s Spotlight Report on Damp and Mould in October 2021 as:
  1. It did not identify this complex case at an early stage.
  2. It did not clearly and regularly communicate with the resident regarding actions taken or otherwise to resolve reports of damp and mould.
  3. It did not share the outcomes of all surveys and inspections with the resident to help them understand the findings and be clear on next steps.
  4. The landlord did not act on accepted survey recommendations in a timely manner.
The landlord did not demonstrate in its final response to the complaint that it had put things right as the work to rectify the damp and mould and its cause are still outstanding, nearly two years after the resident first reported the damp and mould to the landlord.
The landlord offered a total of £750 compensation for the time and effort and the distress the resident had experienced as a result of the landlord’s communications failings and for the delays in identifying the cause of the damp and mould.
The £750 compensation offered by the landlord was not proportionate to the distress and inconvenience and time and trouble experienced by the resident as a result of the landlord’s failings as:
1. As set out above the delay in identifying the cause of the damp and mould, what remedial work was required and in carrying out the necessary work was significant.
2. The landlord added to the resident’s distress by failing to keep him updated about how it was addressing the issues.
3. The resident incurred time and trouble in chasing the landlord for updates.
4. The landlord did not take into account when awarding the compensation that the remedial works had still not been completed and it did not know when they would be completed.
The landlord’s compensation policy does not set out amounts for compensation for distress and inconvenience and time and trouble. The Ombudsman’s guidance on remedies recommends that where there have been serious failings by a landlord amounting to severe maladministration which have led to a severe long term impact on the resident compensation payments should be at least £1000. The Ombudsman has made a further order for compensation below.
The landlord has also not demonstrated that it has learnt from outcomes as it has not provided any details to the resident about how it will be ensuring similar failings in delaying carrying out work to address damp and mould and to rectify leaks and in communicating with residents about when works will be carried out do not occur in the future
Therefore, the Ombudsman considers that the landlord’s response was not proportionate to the distress and inconvenience and time and trouble incurred by the resident and that the landlord has not made redress to the resident which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

The landlord’s complaint handling

There was maladministration by the landlord in its complaint handling as:
1. The landlord issued its stage one complaint response 49 working days after the resident’s complaint, 39 working days later than the 10 working day timescale set out in its complaints process.
2. The resident asked to escalate his complaint on 8 November 2021 and the landlord did not provide a response until the resident had incurred time and trouble in having to contact this Service.
3. The landlord did not provide its response to the resident’s request to escalate his complaint until 26 January 2022, 54 working days after the resident had asked to escalate his complaint and 34 working days after the 20 working day timescale set out in the landlord’s complaints process.
4. Despite the landlord’s complaint response dated 26 January 2022 being headed “Final decision letter” the letter contained details about how the resident could escalate the complaint to the next stage of the landlord’s complaint’s process.
5. The landlord provided its final response to the complaint on 31 March 2022, 100 working days after the resident asked to escalate her complaint and 80 working days after the 20 working day timescale set out in the landlord’s complaint process.
In its final response to the complaint the landlord offered the resident £30 compensation for the delay in the complaint being allocated to be reviewed at stage 2 and the delay in it being escalated from stage one.
The landlord’s response was not proportionate to the impact that its complaint handling failures had on the resident, and the landlord has not made redress to the resident which, in the Ombudsman’s opinion, resolves the complaint satisfactorily as:
1. The landlord did not act fairly by failing to acknowledge that it had delayed in issuing its response to the complaint at stage one.
2. The landlord did not acknowledge the confusion caused by it incorrectly heading its complaint response dated 26 January 2022 as its final response to the complaint.
3. The landlord’s failure to respond to the resident’s complaints over a considerable length of time caused the resident to incur time and trouble in contacting this Service.
4. The delays throughout the complaints process were significant and the amount of £30 is not proportionate the time and trouble incurred by the resident as a result of those delays.
5. The landlord did not demonstrate that it had learnt from outcomes by detailing how it could improve its recording and handling of formal complaints.

The landlord’s record keeping

The timeline also points to significant problems with the landlord’s record keeping. It indicates that in January 2022 the landlord was unable to identify what work or inspection had been carried out when the scaffolding was at the building between October 2021 and January 2022.
The landlord’s internal email on 13 January 2022 indicate that, although its contractors had already inspected the property in 2021, there was no report on its system to advise what work needed to be carried out to address the damp and mould.
The landlord’s internal email dated 20 January 2022 indicated confusion around the landlord’s repair records concerning a note about a job from December 2021 which had said that the surveyor would attend the building to look at the leak on 11 January 2022.
The landlord informed the resident in its stage one complaint response on 3 November 2021 that it had an open case with its healthy homes team and an outstanding work order in regards to the ongoing damp and mould issues in the property. However, its records indicate that the works order had been marked as “Complete No Action” on 1 November 2021.
A landlord should have systems in place to maintain accurate records of repair reports, responses, inspections and investigations. Good record keeping is vital to evidence the action a landlord has taken and failure to keep adequate records indicates that the landlord’s repair processes are not operating effectively. Staff should be aware of a landlord’s record management policy and procedures and adhere to these, as should contractors or managing agents.
There was therefore maladministration by the landlord in respect of its record keeping.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was severe maladministration by the landlord in its response to the resident’s reports of damp and mould at the property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration by the landlord in its:
1. Complaint handling.
2. Record keeping.

Reasons

The landlord delayed in carrying out remedial works, failed to implement any ongoing monitoring to address the persistent and ongoing damp and mould problem and did not communicate with the resident about what action it would be taking. The landlord has not made redress to the resident which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.
There were significant delays in the landlord’s complaint handling and the landlord incorrectly headed its complaint response in January 2022 as its final response.
The landlord did not keep appropriate records to demonstrate that it had met its repair obligations.

Orders

The Ombudsman orders the landlord to arrange for a senior member of its staff to apologise to the resident for the failings identified in this report, in person (or in writing if preferred by the resident) within four weeks of the date of this report.
The Ombudsman orders the landlord to pay the resident a total of £4684 in compensation within four weeks of the date of this report. Compensation should be paid directly to the resident and not offset against any arrears. The compensation comprises:
1. £780 previously offered by the landlord if this has not already been paid.
2. A further £3534 compensation for the distress and inconvenience incurred by the resident as a result of the landlord’s response to the resident’s ongoing damp and mould concerns.
3. A further £270 for the time and trouble incurred by the resident as a result of the landlord’s complaint handling failures.
4. A further £100 in respect of the landlord’s record keeping failures.
The landlord must update this Service when payment has been made.
The landlord is ordered within four weeks of the date of this determination to inspect the property and the building and investigate the ongoing causal issue of the damp and mould in the property. Within 2 weeks of this confirm in writing to the resident, and to this Service:
1. What remedial works will be carried out and the target date for these to be completed.
2. What measures the landlord has put in place going forward to monitor whether the proposed works remedy the damp and mould in the property.
3. How the resident is to report any further problems with damp and mould to the landlord.
4. To undertake to carry out all remedial works and redecoration works required inside the property to fully put right any damage caused by the damp and mould.
5. What action the landlord will be taking to alleviate the resident’s living conditions while the remedial works are carried out.
The Ombudsman orders the landlord’s leadership to review the issues highlighted in this report. Within four weeks the landlord should provide the Ombudsman a report summarising identified improvements, which should also be cascaded to its relevant staff. Topics for inclusion include the landlord’s: approach to damp and mould, with reference to HHSRS and the Ombudsman’s spotlight report; capacity to promptly complete disrepair works, record keeping, with emphasis on repair records.