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London & Quadrant Housing Trust (L&Q) (202307382)

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REPORT

COMPLAINT 202307382

London & Quadrant Housing Trust (L&Q)

30 May 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 the resident’s reports of damp and mould.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident holds an assured tenancy and lives in a 2-bedroom house. The resident has known vulnerabilities which include a lung condition and asthma. The resident’s mother dealt with the landlord on her daughter’s behalf and is representing her for this complaint. For the purposes of this report, both are referred to as ‘the resident’.
  2. The resident first reported issues with damp and mould between 2019 and 2021. These issues were dealt with at the time before a further report of damp and mould was made in July 2022.
  3. A contractor attended on 14 July 2022 and recommended work be carried out to the kitchen which included replacing a window and installing a working extractor fan.
  4. The resident told the landlord on 1 August 2022 that she had not received an update for the works recommended on 14 July 2022. The resident raised a complaint on 28 September 2022 stating that the property was in poor condition referring to mould growth and dampness.
  5. On 5 October 2022 the landlord stated that appointments had been booked for the repair. However, the resident contacted the landlord on 21 November 2022 to express dissatisfaction at the length of time this was taking.
  6. The landlord responded on 25 November 2022 with its stage 1 complaint response and gave an update on the outstanding repairs, stating:
    1. A new works order was raised with its specialist damp contractor to deal with the damp and mould and the contractor would be in touch to arrange an inspection.
    2. Works to the kitchen extractor fan and lighting were awaiting approval and its contractor would be in touch to book an appointment.
    3. A replacement kitchen window was being made up and its contractor would be in touch to arrange an appointment.
    4. Electrical works to renew sockets and a faulty living room light were raised for 12 January 2023.
    5. A job was booked for 26 January 2023 to repair a fault with the bathroom extractor fan.
    6. Repairs to the external kitchen wall were scheduled for 30 December 2022.
  7. Between 25 November 2022 and 11 July 2023 the landlord made attempts to complete the outstanding repairs before the resident raised a further complaint on 11 July 2023 about delays and the ongoing damp and mould in the property.
  8. On 12 October 2023 the landlord provided its stage 2 response. It advised:
    1. Works to the kitchen extractor fan and lighting had been completed on 24 August 2023.
    2. A replacement kitchen window had been installed on 14 February 2023.
    3. Electrical works to renew sockets and a faulty living room light were completed on 1 June 2023.
    4. On 19 June 2023 a repair to the bathroom extractor fan was completed.
    5. An inspection of the external kitchen wall had taken place on 22 August 2023, but this could not be rectified until the mould had been treated.
    6. Its specialist damp contractor had tried to arrange an appointment early in 2023 but this was not suitable and there had been no follow-up appointment.
    7. It would raise a new works order with its specialist damp and mould contractor who would arrange an appointment to inspect the property and report back to the landlord’s Healthy Homes team to decide what work was required. The landlord would monitor the outstanding repairs to ensure they were carried out.
    8. Because of the delays to the repairs it offered compensation of £2,550, broken down as:
      1. £1,000 for distress.
      2. £600 for inconvenience.
      3. £700 for time and effort.
      4. £250 for complaint delays.
  9. Between 12 October and 11 December 2023 the landlord’s contractor carried out external works relating to damp and mould. However, the internal issues with damp and mould remained and a further survey was booked for 12 December 2023.
  10. It was confirmed by the survey that minor works would need to be completed to fix the damp and mould issue which included plastering work in several rooms, a repair to a soil pipe and a repair to some guttering.
  11. Between 9 February and 4 March 2024 the landlord confirmed the repairs to the plastering and guttering would take place on 14 March 2024 and the soil pipe repair would be on 19 March 2024.
  12. The plastering appointment was then cancelled and rebooked for 3 June 2024 and the soil pipe repair was moved to 12 April 2024 due to the contractor being unavailable. The landlord offered £40 for missing these 2 appointments. The guttering repair was rebooked for 29 April 2024 due to the resident being unavailable.

Assessment and findings

Scope of investigation

  1. It is noted that there is a history of damp and mould reports made by the resident between 2019 and 2021 and details of earlier reports have been helpful in providing some context to this complaint. However, this investigation has primarily focussed on the landlord’s handling of the resident’s reports from July 2022 onwards that were considered during the landlord’s complaint procedure.
  2. This is because residents are expected to raise complaints with landlords in a timely manner, usually within 6 months of the matter arising. This is so the landlord has a reasonable opportunity to consider the issue whilst the issue is still ‘live’ and while the evidence is available to reach an informed conclusion on what happened at the time. The 2019 and 2021 reports of damp and mould were dealt with by the landlord at the time and no formal complaint was raised about the landlord’s actions in relation to these reports.
  3. The Ombudsman has considered the actions of the landlord after its stage 2 complaint response as these actions directly relate to the resident’s original complaint.

The landlord’s handling of reports of damp and mould

  1. The landlord’s general repairs policy says that it will respond to emergency repairs within 24 hours and routine repairs at the earliest mutually convenient appointment.
  2. The landlord introduced its Healthy Homes programme in 2020 in partnership with a damp contractor to ensure that every case of damp and mould is properly investigated. The aim is to tackle the root cause of the problem and carry out any repairs needed to prevent damp and mould from reoccurring. The landlord will make a referral to the damp contractor who will visit and provide the landlord with a report advising on the severity of the issue. The landlord will then raise orders.
  3. The Ombudsman published a spotlight report on damp and mould in October 2021 which is available on our website. This recommended that landlords strengthen their approach to tackling damp and mould issues and improve communication with residents.
  4. The landlord implemented a new damp and mould policy from May 2023 in response to the spotlight report. This included a promise to carry out an assessment to identify the underlying cause of any damp and mould within 20 working days and for the landlord to be clear with timescales and to keep the resident fully informed.
  5. Damp and mould was reported by the resident in relation to this complaint in July 2022. After a survey was carried out on 14 July 2022 the landlord should have arranged repairs and follow up work quickly. Instead, the evidence shows that the resident had to chase the landlord on 1 August, 28 September and 21 November 2022 because of delays in arranging and completing the repairs. The landlord therefore failed to take quick and efficient action in dealing with this initial report and caused inconvenience to the resident.
  6. On 25 November 2022 the landlord issued its stage 1 complaint response and set out the repairs that were booked. This included an order for the landlord’s damp contractor to contact the resident and arrange an inspection of the property. The landlord lacked urgency and proactive management in referring the issue to its damp contractor after the initial report in July 2022. This was unfair and unreasonable and caused the resident worry, frustration, and distress.
  7. The healthy homes approach to damp and mould is good practice in respect of a comprehensive assessment of the problem. However, this needs to be coupled with proactive management of the issues and effective communication. The evidence suggests the landlord had a reactive approach to the damp and mould issue even after the stage 1 complaint response. The landlord often waited for the resident to contact it instead of proactively managing the case to ensure inspection, treatment and repairs were carried out to resolve the issue.
  8. For example, following the stage 1 response an inspection was arranged for early 2023 by the damp contractor but the resident advised that she could not make this appointment and would call back. Rather than keeping the job open to ensure actions were followed up, the job was closed as complete. No further contact was made with the resident about the damp and mould until 11 July 2023 when the resident made a complaint that the damp and mould had not been treated. This did not align with the landlord’s own approach to damp and mould at the time and again highlighted a lack of urgency and proactive management in monitoring the issue.
  9. The landlord failed to act further on the resident’s damp and mould concerns until it issued a stage 2 response on 12 October 2023. The landlord explained that it had raised a new works order with the damp contractor who would be in touch to arrange an inspection and that it would monitor the outstanding repairs to ensure that they were carried out. This shows that the resident was no further forward with the repair despite reporting it 15 months previously in July 2022. The delay in dealing with this caused further distress and anxiety to the resident.
  10. Despite the landlord acknowledging delays in its stage 2 response, significant delays continued to happen:
    1. External work was carried out between 26 October and 21 November 2023 but no action was taken in relation to the damp and mould inside the resident’s property despite this being the subject of the original report.
    2. A surveyor was not arranged by the landlord to deal with the internal damp and mould for 2 months after the stage 2 response, with the surveyor attending on 12 December 2023.
    3. After the surveyor attended and recommended minor works to fix the damp and mould issue this was not arranged until 14 March 2024.
    4. The minor works were delayed further due to the contractor being unavailable and are not due to be completed until 3 June 2024.
  11. The Ombudsman’s spotlight report on damp and mould made several recommendations to landlords on how this should be addressed to prevent ongoing risks. This included that a landlord should ensure that its response to reports of damp and mould is timely and reflects the urgency of the issue. However, the actions of the landlord since the resident’s first report of damp and mould in July 2022 has shown a lack of urgency both in its communication and the way in which it has dealt with the reports.
  12. There have been considerable gaps between the work being ordered and the work being completed or arranged. Taking an overall view of this issue the report of damp and mould was made in July 2022 and the work to correct this issue has not yet been completed. If the repairs go ahead on 3 June 2024, it will have been almost 2 years since the initial report. This is not in line with the landlord’s current or previous policies on damp and mould repairs, nor does it align with the recommendations set out in our spotlight report.
  13. In addition to the above, the resident had known vulnerabilities that were highlighted in past repair cases associated with damp and mould. The Ombudsman has not seen any evidence that the landlord carried out a risk assessment or enquired further with the resident about how it could assist with any potential health or respiratory conditions that might be affected by the damp and mould. The landlord did not treat the resident fairly and did not demonstrate that it considered the potential risks to her because of damp and mould.
  14. Delays and a lack of urgency in dealing with the issue have persisted and the resident continues to be exposed to damp and mould in her property. When taking all the circumstances of this case into account, it is the Ombudsman’s view that this amounts to severe maladministration.
  15. The Ombudsman has considered the landlord’s stage 2 offer of compensation which totalled £2,300 for the time, effort, distress and inconvenience the delays caused. However, the compensation offered to the resident does not go far enough as the offer did not consider whether a partial refund of rent was due as set out in the landlord’s compensation policy.
  16. The landlord’s compensation policy says that where a resident is unable to use a room because of a repair issue that is its responsibility, and which causes prolonged and unreasonable disruption it will consider a partial refund of rent. The resident made clear to the landlord on more than 1 occasion that she did not have full use of her kitchen due to the damp and mould issue, specifically citing that she could not store food due to the mould in her kitchen cupboards. Therefore, it is fair that a partial refund of rent is considered here in line with this policy.
  17. The Ombudsman has taken into consideration that the resident’s enjoyment of her home has been severely curtailed as she was unable to make full use of her kitchen due to the damp and mould within the kitchen cupboards. Taking this into account a 10% refund of rent for the period between 1 August 2022 and 3 June 2024 is considered fair. This covers the period from when the resident first chased the landlord about the damp and mould report to the point the damp and mould is scheduled to be repaired. The total amounts to £1,251.33, which is broken down as:
    1. £433.58 for 35 weeks between 1 August 2022 and 3 April 2023 where the weekly rent was £123.88.
    2. £689.26 for the 52 weeks between 3 April 2023 and 1 April 2024 where the weekly rent was £132.55.
    3. £128.49 for the 9 weeks between 1 April 2024 and 3 June 2024 where the weekly rent was £142.76.
  18. This landlord should also make a payment of compensation of £300 to acknowledge the delays after it had issued its stage 2 response and £200 for the distress and inconvenience this caused. This is in addition to the £2,300 it offered at stage 2 for the time, trouble, distress and inconvenience caused prior to its stage 2 response.

The landlord’s complaint handling

  1. The landlord has a 2-stage complaints process. It says it will respond to stage 1 complaints within 10 working days and stage 2 complaints within 20 working days. The landlord has a separate compensation policy which provides for discretionary compensation to be paid where there have been service failings.
  2. The resident made an initial complaint using an online form on 28 September 2022. An informal reply providing dates for future repairs was provided on 5 October 2022, before a stage 1 complaint response was provided on 25 November 2022. Even allowing for time to register the complaint, the response was provided outside of the 10 working day timescale. The response itself was unsympathetic and did not allay the resident’s anxieties about delayed repairs or acknowledge her needs as a person with vulnerabilities.
  3. The stage 1 response failed to provide any clear information on how to escalate the complaint through the landlord’s complaint procedure or the timescales to do this. The response did acknowledge that there had been some failings in the landlord’s service, but no offer of compensation was made. This showed a lack of understanding of the impact the situation was having on the resident.
  4. On 11 July 2023 the resident asked to escalate her complaint and made a further online complaint submission on 21 August 2023 about the delays. The landlord provided its stage 2 response on 12 October 2023. This response was again provided outside of the 20 working day timescale set out in the landlord’s policy. However, the landlord did accept the resident’s escalation as it recognised that it related to the original complaint and that its stage 1 response had not provided clear escalation details. This was an appropriate use of discretion and ensured that the resident did not have to wait even longer for a stage 2 response.
  5. The landlord’s response provided clear answers to the resident’s complaint and offered her £250 for the delays she experienced in using its complaint procedure. The landlord acted fairly by acknowledging where it had gone wrong in its complaint handling and offered compensation, which was in line with the Ombudsman’s own remedies guidance. This says that payments of £100 to £600 should be considered where there was a failure which adversely affected the resident. Therefore, this Service finds that there was reasonable redress in the landlord’s complaint handling.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in the landlord’s handling of damp and mould.
  2. In accordance with paragraph 53b of the Housing Ombudsman Scheme, there was reasonable redress by the landlord in its handling of the resident’s complaint.

Orders and recommendations

Orders

  1. The landlord is to write an apology to the resident from its senior leader responsible for housing within 4 weeks of the date of this report.
  2. Within 4 weeks of the date of this report the landlord is ordered to pay the resident compensation totalling £4,051.33, broken down as:
    1. £1,251.33 for a partial refund of rent.
    2. £2,300 compensation it offered at stage 2 if this has not already been paid.
    3. £300 for the delays post its stage 2 response.
    4. £200 for the distress and inconvenience caused post stage 2.
  3. The landlord is ordered to complete the scheduled works currently arranged for 3 June 2024 and confirm that this has been completed within 4 weeks of the date of this report. If the works have to be rearranged for reasons outside of the landlord’s control, it should make reasonable attempts to complete them within 4 weeks of this determination.

Recommendations

  1. In addition to the compensation ordered above, it is recommended that the landlord pays the resident £250 it previously offered in relation to its complaint handling if it has not done so already.
  2. It is recommended that the landlord contacts the resident after 3 and 6 months to ensure that the work carried out has resolved the damp and mould issue and that there has been no reoccurrence.