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London & Quadrant Housing Trust (L&Q) (202226658)

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REPORT

COMPLAINT 202226658

London & Quadrant Housing Trust (L&Q)

13 June 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

  1. The complaint is about the landlord’s handling of:
    1. Repairs to a communal stack pipe leak which leaked into the resident’s property.
    2. The associated complaint.

Background

  1. The resident holds a shared ownership lease with the landlord. The resident owns a 25% share of the property.
  2. On 6 June 2022, the resident contacted the landlord and explained she was advised to contact it because of a burst communal wastewater pipe above her flat, which had resulted in significant damage. She explained that the damage included mould and damp to the walls in the kitchen, and hallway and flooded floors, with mouldy water seeping through the vinyl floors, which had caused buckling and breakage.
  3. On 20 July 2022, the resident submitted a complaint to the landlord. She explained it had been over 20 days since the landlord informed her that a contractor would be in touch to arrange repairs at her property. The resident stated she would like the issue raised as a formal complaint immediately and would like a contractor to contact her within 24 hours to arrange an appointment to complete the repairs to the communal stack pipe.
  1. The landlord provided its stage 1 complaint response to the resident on 30 December 2022. It apologised for the delays in responding to her concerns, including the time taken to respond to her complaint. The landlord also explained that the repair to the communal stack pipe was currently with their direct maintenance scheduling team and stated that the team would update the resident with the next steps regarding the repairs. The landlord offered the resident £100 compensation, which included £50 for its delay in responding to the resident’s complaint and a £50 gesture of goodwill.
  2. On 5 January 2023, the resident requested her complaint to be escalated to the next stage of the landlord’s complaints process. She explained she could not accept the landlord’s offer and asked the resident to review the amount offered. The resident stated she first reported the issue about the communal stack pipe in May 2022 and stated a temporary fix to the pipe was only completed in November. She stated she had not been provided with any information when a permanent fix to the communal stack pipe would be completed.
  3. On 23 January 2023, the resident emailed the landlord asking for an update on her escalation request.
  4. On 15 March 2023, the Ombudsman sent a chaser email to the landlord and asked it to provide the resident with a stage 2 complaint response within 20 working days.
  5. The landlord provided its stage 2 complaint response to the resident on 25 April 2023. It explained it could confirm the communal stack pipe was leaking, but it had now been repaired and resolved. Therefore, the landlord explained to the resident that she could now progress with the required works inside her home. It also explained any furnishings or personal belongings that were damaged as a result of the leak could be claimed via its liability insurance. The landlord acknowledged that the resident had concerns about how it handled the repairs. However, it explained that withholding rent or service charges was not permitted as part of her tenancy agreement. Therefore, it stated it could not clear her outstanding arrears. The landlord offered the resident £1290 compensation, which included the £100 the landlord offered in its stage 1 complaint response, decorating vouchers worth £250 and the remaining amount was for delays in its complaint handling and compensation for the delay, distress, and inconvenience in repairing the communal stack pipe.
  6. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated that her desired outcome was for the landlord to at least clear the arrears on her rent and service charge account.

Assessment and findings.

Repairs to a communal stack pipe leak which leaked into the resident’s property.

Scope of Investigation

  1. The resident has informed the Ombudsman that she submitted a claim on the landlord’s liability insurance to cover the costs associated with the damage of the property from the leak. The landlord has also informed the Ombudsman there is currently an ongoing claim between the resident and its liability insurer. Normally, when there is alleged negligence by the landlord or its contractors, residents may be able to raise a claim under the landlord’s liability insurance. Landlords are entitled to use liability insurance to manage such claims. A landlord’s insurer is usually a separate organisation, and the Ombudsman cannot look at the actions of insurers, only at the actions of the landlord. Therefore, we cannot comment on the outcome of any claim made to a liability insurer.
  2. The resident has mentioned as part of the complaint that the leak into her property from the communal stack pipe which included wastewater had impacted her health. The service does not doubt the resident’s comments about her health. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s health. It would be more appropriately suited for a court or liability insurer to investigate it as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. This service can consider the general risk and any distress and inconvenience caused by any errors by the landlord and the landlord’s response to the resident’s concerns about her health.

Lease agreement terms, policies, and procedures.

  1. The lease agreement explains that the landlord is responsible for the installation, inspection, maintenance and renewal of drains, sewers, and pipes.
  2. The lease agreement also states that the resident is required to pay the specified rent and all other monies due under the lease without deduction at the times and manner mentioned under the letting terms included on the lease.
  3. The resident’s lease agreement includes a section about the suspension of rent in case of insured damage. It explains that where there is an insured risk such as damage to a property due to fire or any other risks covered by the landlord’s insurance so as to be rendered unfit for use then the specified rent or fair proportion of it shall be suspended until the premises (and common parts necessary for access) are again fit for use.
  4. The landlord’s repairs policy states for routine day-to-day repairs, it will aim to complete the repair at the earliest mutually convenient appointment and for emergency repairs it will attend within 24 hours.

Assessment

  1. On 6 June 2022, the resident contacted the landlord and explained she was advised to contact it due to a burst communal wastewater pipe above her flat which had resulted in significant damage. She explained that the damage included mould and damp to the walls in the kitchen, hallway, and flooded floors, with mouldy water seeping through the vinyl floors which had caused buckling and breakage.
  2. The landlord failed to send a contractor to the resident’s property to inspect the leak which resulted in the resident submitting a complaint to the landlord on 20 July 2022. She requested for the landlord to arrange for a contractor to attend as soon as possible to repair the communal stack pipe. The landlord’s failure to arrange for a contractor to attend the resident’s property was unreasonable and not compliant with the timescales referenced in its repairs policy. Considering the extent of the leak and that it involved wastewater leaking into the resident’s property, the landlord should have responded to the repair as an emergency repair.
  3. Following, the resident’s complaint submission, there were further delays in the landlord arranging for a contractor to attend the resident’s property to repair the communal stack pipe. Due to this, the resident contacted the landlord on 26 August 2022 and explained that she had moved out of the property in July 2022 as she could not live with the smell and stated that her doctor informed that the condition of the property was affecting her health. The landlord failed to comment or respond to the resident’s statement that she had moved out of the property. The resident also informed the landlord that she had cancelled her direct debit for rent and service charge until the repair had been completed. The Ombudsman recognises it must have been difficult for the resident dealing with the delays in the landlord repairing the communal stack pipe. However, the resident would still have been obliged to pay her rent and service charges in line with the terms set out in the lease agreement.
  4. The landlord’s contractor eventually attended the resident’s property on 21 September 2022. However, the contractor informed the resident that the required works were too large for him, and a larger contractor would need to be hired to carry out the works and explained that the landlord would arrange this. Following this, the resident failed to receive an update from the landlord and chased the landlord for an update on the repairs in October 2022 but was not provided with a date the repairs would be completed. This was unreasonable as the resident had been waiting several months for the communal stack pipe to be repaired.
  5. On 17 November 2022, the landlord’s contractor visited the resident’s property and completed works to temporarily fix the leak from the communal stack pipe. Further works were still required to permanently fix the communal stack pipe leak. The resident explained she was also informed that the landlord would be installing dehumidifiers in her property to help dry it out. However, the landlord failed to do this.
  6. Although, the landlord’s contractor eventually carried out a temporary fix to the communal stack pipe. It is not clear how long the temporary fix worked for, as the resident was informed by the contractor that visited her property on 24 February 2023 that the pipe was still leaking into her property. The contractor also could not carry out any repairs when it attended as they could not get the water switched off at all the required flats in the building and informed the resident that they would be returning on 7 March 2023.
  7. The landlord’s contractor attended the property on 7 March 2023 and carried out some works to the communal stack pipe via a neighbouring flat. The landlord and its contractor initially failed to update the resident with which works had been carried out to the communal stack pipe and confirm whether it was permanently fixed. The resident had to chase the landlord on several occasions for an update on the completion of the repair as she required confirmation of this for her insurance claim submitted on the landlord’s liability insurance. The landlord’s contractor attended the resident’s property on 4 April 2023 to confirm that the leak had been resolved. The landlord also confirmed in its stage 2 complaint response issued on 24 April 2023 that the leak to the communal stack pipe had been repaired.
  8. Overall, there was a significant delay in the landlord completing works to repair the leak from the communal stack pipe. It’s likely that the delay in the landlord carrying out the repairs would have contributed to further damage to the resident’s property and the condition of the property would have deteriorated whilst the communal stack pipe continued to leak.
  9. In addition, there was also poor communication from the landlord which resulted in the resident chasing for an update on the repairs on multiple occasions.
  10. The landlord offered the resident £1290 compensation in its stage 2 complaint response sent in April 2023 to recognise the distress and inconvenience caused by the delays. The compensation amount also included £250 decoration vouchers and compensation for complaint handling delays. The compensation offered for distress and inconvenience was compliant with the Ombudsman’s Remedies Guidance (published on our website), which sets out the Ombudsman’s approach to compensation. The remedies guidance suggests awards of £1000 or more where there have been serious failings by the landlord, which had a significant long-term impact on the resident.
  11. Whilst the Ombudsman acknowledges the landlord had made this offer, which is adequate for distress and inconvenience, it does not show that the landlord had considered and acknowledged that the resident moved out of her property, because of the poor condition of the property due to the landlord failing to repair the leak within a reasonable timescale. Therefore, there has been maladministration by the landlord in its handling of repairs to a communal stack pipe leak which leaked into the resident’s property.
  12. The resident has also provided an email dated 9 February 2023 from the landlord’s liability insurer, which confirmed that the landlord was liable for the damage, and therefore would remedy the damage and cover the costs associated with the repairs.
  13. Considering the circumstances mentioned above and that the resident’s lease agreement explains that where there is an insured risk such as damage to a property due to fire or any other risks covered by the landlord’s insurance so as to be rendered unfit for use then the specified rent or fair proportion of it shall be suspended until the premises are again fit for use. The Ombudsman has considered whether compensation based on rent is appropriate. The resident moved out of the property in July 2022 and could not make full use of the property until it was repaired. In addition, as there was a considerable delay by the landlord in completing works to resolve the leak which flooded parts of the property, the condition of the property would have deteriorated further.
  14. In line with the terms of the lease agreement, the Ombudsman believes that a 100% rent rebate is appropriate for the period of 1 July 2022 until 17 November 2022. This period is from when the resident told the landlord she had moved out of the property until when the communal stack pipe was temporarily repaired. The Ombudsman recognises that the resident may have possibly moved out of the property for longer than this, but the service can only assess based on the evidence provided. The Ombudsman calculates the refund to be awarded to the resident as follows:
    1. Net monthly rent is £634.14.
    2. 4.5 (4 and a half months) x £634.14 is £2853.63. (rounded up to £2854 for ease).
  15. The landlord is to pay compensation of £2854 based on rent. The Ombudsman would not request the landlord to refund the resident’s service charges, as there is no provision for this in the lease and the service charge cover other elements such as estate management which are separate from the issues with the resident’s individual property. The compensation based on rent is in addition to the £1290, the landlord already offered the resident in its stage 2 complaint response. The resident has informed the Ombudsman that she is yet to receive the £250 decoration vouchers which the landlord offered in its stage 2 complaint response. Therefore, the landlord should ensure that it provides the resident with the decoration vouchers, if has not already done so.

The associated complaint.

  1. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy includes the same timescales as referenced in the Code.
  2. The resident first submitted her complaint to the landlord on 20 July 2022. Following this, it took the landlord around 5 months to provide its stage 1 complaint response on 30 December 2022. This response was significantly late and not compliant with the Code and the landlord’s complaints policy.
  3. On 15 January 2023, the resident requested her complaint to be escalated to the next stage. It took over 3 months for the landlord to provide its stage 2 complaint response, which was provided on 25 April 2023. The response was late and would have caused inconvenience for the resident, as the resident was delayed in progressing her complaint to the Ombudsman because she needed to wait for the landlord’s final response before contacting our service.
  4. The landlord acknowledged in its stage 2 complaint response that there were delays and errors with its complaint handling and offered the resident compensation to recognise the delay and inconvenience caused. The landlord’s overall offer of £1290, which also recognised the landlord’s complaint handling errors, is in line with the Ombudsman’s remedies guidance referenced above. The compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress in this case for the errors in the landlord’s complaint handling.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of repairs to a communal stack pipe leak which leaked into the resident’s property.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the complaint about the landlord’s complaint handling satisfactorily.

Orders

  1. The landlord to pay the resident £2854 based on rent, as set out in the calculation above in this report.
  2. In line with our service’s established approach, the compensation awarded by the Ombudsman should not be credited to the resident’s rent account and should instead be paid to her directly.
  3. The landlord must comply with the above orders within 4 weeks of the date of this determination.

Recommendations

  1. It is recommended that the landlord pay the resident its original offer in its stage 2 complaint response of £1290 in compensation which includes £250 decoration vouchers within 4 weeks if it has not already done so.