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London & Quadrant Housing Trust (L&Q) (202205274)

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REPORT

COMPLAINT 202205274

London & Quadrant Housing Trust

18 July 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. A boiler repair at the property.
  2. The associated complaint.

Background

2.     The resident is an assured tenant of the landlord at the property. He is visually impaired and suffers with depression, anxiety, and Post Traumatic Stress Disorder.

3.     On 24 December 2021, the resident reported an uncontainable leak from the boiler, in the kitchen of the property. As a result, he had no heating or hot water. He also stated his one-year-old child was visiting him at the property at the time. On 6 January 2022 the landlord provided the resident with three electric heaters. The contractor attended the property on 8 February 2022 and requested a new boiler. It made an appointment to fit this on 28 February 2022. Due to on-going delays to the repair, the resident complained to the landlord during this time.

4.     The landlord’s stage one complaint response acknowledged that the engineer who attended the property requested a new boiler. However, the landlord was unable to tell the resident if a new boiler had been authorised. It’s alternative of repairing the existing boiler was still being considered. It stated it would contact the resident once it had made its decision about the repair. It would not offer compensation to the resident until the repair was completed. The resident initially rejected, but then accepted the compensation offered by the landlord of £212.

5.     The resident reported on 22 February 2022, that due to the on-going leak from the boiler; the kitchen cupboards were rotting, broken, and falling off. The contractor attempted to attend the property on 24 February 2022, but was not given access. The next day, the resident telephoned the landlord, asking for an update to his complaint. The resident told the landlord he would prefer updates by telephone, due to being visually impaired. The resident said he found it hard to read letters. On 28 February 2022, the landlord noted that it had incorrectly recorded the resident’s telephone number. This was the reason it had struggled to get in touch with the resident, to confirm appointments, to carry out the boiler repair. On 1 March 2022 the contractor attended the property to repair the boiler. The meter was not working, so the resident was advised to contact his gas supplier.

6.     On 1 April 2022, a contractor attended the property in response to the resident’s report of the rotting kitchen cupboards. The operative reported that they were not given access to the property. In May 2022, the resident requested an escalation of his complaint as he was unhappy with the amount of compensation offered by the landlord. He also disputed ever receiving the compensation, which had been sent as a cheque for £212. The repair to the kitchen cupboards and countertops also remained outstanding, following the leak from the boiler. A contractor again attempted to gain access to the property on 12 July 2022, but reported that no access was given.

7.     At the final stage of the landlord’s complaint process on 30 August 2022, it offered the resident a further £1,443.20. This compensation was broken down for the following:

  1. £270.00 for delay, distress, time, effort, and inconvenience.
  2. £250.00 for the right to repair payment.
  3. £863.20 for the running cost of 4 heaters used by the resident.
  4. £60.00 for its delay in its final complaint response.

8.     On 6 September 2022, a third party contacted the landlord on behalf of the resident. They stated that the kitchen countertops and cupboards had eroded following the leak from the boiler. There was also the presence of significant levels of damp and mould. Insects were nesting in the kitchen cupboards, including maggots, flies, and caterpillars. On 8 September 2022, the landlord raised a maintenance request for a contractor to attend and repair the thermostat. The resident said by this time was no longer staying in the property, due to the poor conditions. He said the property was having a negative impact on his health and due to this, he had made himself homeless. Also in September 2022, police forced entry following a concern for welfare for the resident. This left the resident’s front door in need of repair.

9.     The resident was dissatisfied with the landlord’s final response. He reported that the kitchen repairs remained outstanding. He brought his complaint to the Ombudsman on 4 October 2022, stating his desired outcome was for additional compensation and to be re-housed.

10. In November 2022, the landlord placed the resident into a hotel as temporary accommodation. This was because of the poor condition of the property. The resident also reported he was at risk from others and had recently been in hospital. He had stated he was suicidal. The resident was provided temporary accommodation until 18 April 2023, which was when his property was ready for him to return to. The resident has stated to this service that due to his Post Traumatic Stress Disorder from his time in the property, he has still not returned.

Assessment and findings

11. When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.

12. The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.

Scope of investigation

13. The resident’s complaint is about the repairs to the boiler. The Ombudsman has also considered in its investigation, the impact the boiler repair had on the kitchen repairs and subsequent need for the resident to be placed into temporary accommodation. This service has included the impact of these other matters because they are all connected to the repair of the boiler. Therefore, the Ombudsman has given consideration to the distress and inconvenience which the resident experienced as a result of any errors by the landlord resulting out of all of these matters.

Policy and Procedures

14. The landlord’s repairs policy states that it is responsible for the fixtures and fittings for water and heating, as well as key components including kitchens. It states it will carry out repairs to cupboards and worktops when rotten. It also states that it will deal with all pests in tenanted accommodation. The landlord’s service standards state that it will carry out routine repairs at the earliest mutually convenient appointment.

15.  The repairs policy also states it expects residents to:

  1. Keep their home clean and in good condition.
  2. To prevent damage through neglect or misuse.
  3. To report repairs promptly and allow access for it to carry out required works.

16. The landlord’s compensation policy states that it will provide compensation in line with right to repair legislation. This is when the repair cost is less than £250 and is not fixed within the statutory period. For heating and hot water between 1 October and 1 May, this repair must be fixed within one day. If it does not complete this repair, it must pay the resident £10 plus an additional £2 per day, until it is fixed. This is capped at £50. The landlord states that it will provide compensation where the resident has lost the use of a room because of a repair it was responsible for, over a prolonged period. It may also provide compensation when:

  1. It fails to deal satisfactorily with repairs that are its responsibility, resulting in the resident living in poor conditions, longer than is reasonable.
  2. It does not comply with the complaints process, in line with the Ombudsman’s complaint handling code.

17. The landlord’s complaints policy states it will acknowledge a stage one complaint within five working days. It will provide its response within ten working days. The resident has six months to escalate a complaint. It will provide a final written response within 20 working days, unless it informs the resident that it requires further time. It will provide this within a further ten working days.

A boiler repair at the property

18. The resident reported that there was a leak from his boiler on 24 December 2021. The landlord provided three heaters for the resident on 6 January 2022. On 14 January 2022 the resident advised the landlord that the electric heaters kept ‘messing up’ when he turned the boiler on. The landlord acted reasonably by telling the resident that it was waiting for the parts to repair the boiler. It also provided the resident with an alternative source of heating. The landlord could have improved its response to the resident at this point by providing reassurance that it would compensate the resident in line with the ‘right to repair’ legislation. It could have also explained that it would cover any additional heating costs incurred by the resident, as a result of the delay to the repair.

19. A new boiler was due to be installed on 28 February 2022. The resident was later informed that the landlord had not agreed to the resident receiving a new boiler and it was considering repairing the existing boiler. From January 2022 to the end of February 2022 the landlord and its contractor made numerous attempts to telephone the resident. It was then established that the landlord had recorded an incorrect telephone number. The resident had also explained that due to his visual impairment he preferred to be telephoned, as he struggled to read letters. The contractor attended the property on 1 March 2022 to repair the existing boiler. The boiler was not repaired during this visit as there was an issue with the meter which needed to be resolved by the resident’s gas supplier. This contractor informed the resident that the meter on the boiler was not working and so he needed to contact his gas supplier. It had taken 44 working days and two visits by contractors and the repair remained outstanding. The resident still did not have hot water or heating.

20. The delays accessing the property at this time were down to the landlord’s inaccurate recording of the resident’s personal data. The resident was also promised a solution by a contractor and then this was taken away by the landlord. This would have caused the resident confusion and frustration. He had highlighted that the impact was that he was not able to have his one-year-old child visit him, during this period. The landlord states in its compensation policy, under the right to repair legislation, it should aim to restore hot water and heating within one day, between 31 October and 1 May. It was, therefore, fair that it recognised this error and paid the resident £250 for its delays in carrying out the repair. This is more than the maximum payment listed in its compensation policy.

21. In February 2022, the resident reported to the landlord that as a result of the boiler leak, the kitchen cupboards and countertops were rotten, with the doors falling off. Between April 2022 and August 2022 contractors attended the property on four occasions to carry out the repairs to the kitchen. They could not gain access and each time it left a card and a voicemail. One of these four occasions was because the resident said he was sick. The landlord acted reasonably by sending its contractors to the property and attempting to carry out the repairs to the kitchen. However, it knew the resident was vulnerable. This service has only seen evidence that one of these appointments was booked by telephone as per the resident’s request. This is the only appointment that confirmed that it was mutually convenient. It is understandable that the resident did not allow access for appointments which had not been agreed in advance by phone. Due to this, further time was wasted in carrying out the repairs and the resident continued to be without hot water and the use of his kitchen. The landlord should have done more to communicate and confirm its appointments with the resident. After several failed attempts to contact the resident, it would have been appropriate for the landlord to carry out a visit to the property. If it had done so, then it is likely that the resident’s concerns would have been resolved sooner as the landlord could have identified it had an incorrect telephone number recorded for the resident. This service acknowledges that the resident would have experienced distress and inconvenience as a result of the delay and poor communication by the landlord.

22. The landlord should have taken into consideration the Equality Act 2010 when dealing with this resident. He presents with both physical and mental conditions. In the Ombudsman view, the landlord should have recorded reasonable adjustments within its internal systems in how it communicates with this resident, due to his visual impairment and mental health concerns. The resident also stated that he could not do morning appointments, yet contractors attended his address in the morning.

23. The Ombudsman’s approach to compensation is set out in our Remedies Guidance (published on our website). In line with the Ombudsman’s remedies guidance a further £350 is to be awarded to the resident for distress and inconvenience. This is in addition to the compensation of £250 the landlord provided the resident in its final response for this. This is to reflect the significant, emotional negative impact on the resident. This service has also taken into consideration that the works to the property have been completed and the compensation amount reflects that.

24. The landlord did not consider a room loss payment in its final response to the resident. Its compensation policy states it will consider a partial rent or refund. It does not specify the percentage which will be refunded. The landlord was informed by a professional on 6 September 2022 that the resident was unable to use his kitchen. The resident raised this in the February 2022, however the landlord did make four attempts leading up to September to access the property. This service has taken this into account in its calculation. The Ombudsman considers 25 percent is reasonable considering that the kitchen is an essential facility within the property. The resident pays £123.75 per week in rent. The Ombudsman calculates the refund to be awarded to the resident as follows:

  1. 25 percent of £123.75 is £30.94.
  2. £30.94 multiplied by nine weeks from 6 September 2022 to 9 November 2022 is £278.46

25. The landlord is to pay compensation of £278.46 to the resident being unable to use the kitchen for nine weeks.

Complaint handling

26. The landlord initially offered the resident £212 compensation, which the resident declined but then accepted on 3 March 2022. It was reasonable for the landlord to close the complaint at this stage because the resident had accepted the compensation. However, the landlord still had a responsibility to complete the kitchen repairs which remained outstanding.

27. In August 2022 the resident stated that he did not receive the original compensation cheque for £212. The landlord has confirmed to this service that cheque was sent to the resident and that it was cashed on 23 March 2022.  Therefore, the available evidence suggests that the payment was received, and the landlord does not need to do anything further in this regard.

28. The landlord’s final response was provided on 30 August 2022. This was 47 days after the resident confirmed why he had changed his mind and wished to escalate his complaint. It was right the landlord apologised to the resident for its delay in providing a response. In line with its own complaints policy and the Housing Ombudsman’s complaint handling code (published on our website), this response should have been provided within 20 working days. Whilst any delay would have caused some level of inconvenience for the resident, overall, this was not a significant delay.

29. On 6 September 2022 the resident’s tenancy sustainment officer requested the landlord to do more to assist the resident. The leak from the boiler had caused damage to the kitchen. The police had also attended during this period of time and forced entry to the property following a concern for welfare for the resident. This meant the resident’s front door also needed to be repaired. The resident no longer felt safe in the property and effectively lived as if he was homeless. After a missed appointment in October 2022, the landlord gained access to the property on 9 November 2022, and upon advice from the surveyor, due to the poor conditions inside the property, the resident was provided temporary accommodation in a hotel.

30. By the time the landlord accessed the property on 9 November 2022, it was uninhabitable. The landlord should have done more leading up to this period to communicate with the resident and gain access to the property. It should have engaged with the professionals who had reached out to the landlord raising concerns, sooner. It should not have taken 64 days from when the resident’s tenancy sustainment officer asked for it to assist the resident. The lack of action by the landlord in seeking to communicate with he resident, as well as the poor condition of the property would have understandably caused the resident distress. For these reasons the Ombudsman finds maladministration in the landlord’s handling of the resident’s associated complaint.

31. In line with the Ombudsman’s remedies guidance a further £150 is to be awarded to the resident for distress and inconvenience. This is to reflect the further significant negative impact on the resident, caused by the missed opportunities and delays following the resident submitting his complaint. The remedies guidance suggests awards in this range when a landlord has made an attempt to put things right but has failed to provide a proportionate response to the detriment caused to the resident, as in this case.

Determination (decision)

32. In accordance with paragraph 54 of the Scheme, there was maladministration in the landlord’s handling of a boiler repair at the property.

33. In accordance with paragraph 54 of the Scheme, there was maladministration in the landlord’s handling of the associated complaint.

Orders

34. The landlord is to apologise to the resident in writing within 28 days of this report. The apology is to be in line with this Service’s guidance that it acknowledges and expressed a sincere regret for the maladministration in the handling of this boiler repair.

35. In addition to the £1,655.20 already paid, the landlord is to pay the resident a further £778.46 compensation within 28 days of this report. The breakdown of this compensation is as follows:

  1. £350 for the distress and inconvenience caused by the handling of the repair.
  2. £150 for its handling of the associated
  3. £278.46 room loss payment.

Recommendations

36. The landlord should consider how it records and communicates with its residents, by making sure its staff understand the importance of accurately recording personal data. As well as making accurate records where it applies reasonable adjustments in the way it communicates with residents in the future.