London & Quadrant Housing Trust (L&Q) (202309023)

REPORT

COMPLAINT 202309023

London & Quadrant Housing Trust (L&Q)

31 July 2024

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

The complaint is about the landlord’s handling of:
1. Reports of heating and hot water loss.
2. Reports of gas leaks.
3. A report of a damaged tumble drier and a boiler leak.
4. Reports of boiling water causing burns from the shower.
5. Reports of a water ceiling leak and damage to a neighbour’s property.
The landlord’s handling of water supply and water pressure issues at the property, including:
1. A report of water discolouration.
2. A leak to the sink following work to improve the water pressure.
3. A washing machine left unconnected to the water supply after work to improve the water pressure.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident has an assured shorthold tenancy of a one-bedroom flat on the fifth floor of a block. The resident’s tenancy started on 22 April 2013. The resident shared a water main with a neighbour. The resident has eczema, anxiety, and depression.
On 14 October 2022 the resident reported to the landlord that there was no water coming from her shower. The landlord attended on 21 October 2022 and 28 October 2022.
On 31 October 2022 the resident complained of not having running water and of constant low water pressure. She said:
1. she had gone days without being able to shower which was causing her eczema to become worse
2. the landlord has attended on 28 October 2022 and had removed the kitchen units. Whilst the contractor fitted a new stop cock, the water pressure remained low
3. the contractor had left her washing machine unconnected to the water supply following the visit on 28 October 2022
4. the resident felt the issue was because several flats shared the mains water supply
5. she had suffered financial loss by lost earnings.
The landlord provided its stage 1 response on 14 November 2022 and said:
1. it had discussed the issues with the resident on 1 November 2022. It had arranged a delivery of water to the resident on the same date
2. it apologised that the resident had to complain
3. that the low water pressure was caused by a burst water mains which the water company was responsible for
4. it agreed to arrange for a surveyor to investigate as the water pressure was low and intermittent
5. it could not offer compensation for loss of earnings or holiday but awarded £82 in compensation, comprised of:

No cold water £42

Inconvenience £20

Time and effort £20

Total: £82

The resident escalated her complaint on 14 November 2022. She explained that she had lost income of £800 and referred to having no water and water issues, including leaks, for six weeks. The resident explained that this meant she could not wash herself, her clothes, dishes or clean. The resident also complained about having no heating or hot water.
The landlord sought to fit a spur to the resident’s pump on 21 November 2022.
On 27 January 2023 the resident complained to the landlord about water discolouration in the water supply. On 30 January 2023 the resident complained about the tumble dryer being damaged by a boiler leak.
By February 2023 the landlord suggested that the installation of a communal or commercial pump may improve the water pressure. A contractor also suggested to the landlord that the pipes should be inspected for corrosion. The landlord also logged in February 2023 a job relating to the mixer taps. The resident said a contractor told her that these needed replacing.
On 7 March 2023 the landlord told the resident that the local water company had reduced the water pressure from 3 bar to 1.5 bar. One bar is equivalent to the force required to push water up to a height of 10 metres. It told the resident that it would complete a site visit to see if it could install a commercial pump.
On 18 May 2023 the landlord told the resident that:
1. it planned to install a pump on the third floor to help with water pressure
2. it needed to visit the resident’s property to assess how the new pump would connect to her property
3. the issues with water supply were down to a burst water main.
The Ombudsman contacted the landlord on 12 June 2023 to request an escalation of the resident’s complaint.
The landlord provided its stage 2 response on 12 July 2023 and said:
1. its operative attended on 21 October 2022 and fitted new shower heads and a shower mixer
2. its operative returned on 28 October 2022 to fit a new stop cock
3. it installed a new mains pump in her neighbour’s property on 4 November 2022
4. the resident refused the installation of a spur for the pump on 21 November 2022
5. there were six cancelled appointments between 22 October 2022 and 1 November 2022
6. it delivered water to the resident on 1 November 2022
7. it repaired a leaking sink trap on 7 November 2022
8. it attended on 7 November 2022 to deal with reports about no water, but the resident was leaving the property
9. it raised appointments on 9 and 17 February 2023 and tried to arrange an inspection on 27 February 2023
10. it attempted to arrange for a contractor to attend on 15 or 16 March 2023 but this was not agreed by the resident
11. it attended a repair for bath taps on 18 April 2023 and it completed this on 16 May 2023
12. on 11 May 2023 it cancelled an emergency appointment for no water at the property as a burst main caused this and so its building services would deal with this
13. it fitted a new pump and adjusted the valves so the water could mix at both bath taps on 8 June 2023
14. it apologised for the cancelled appointments and poor communication
15. it accepted there was a misunderstanding on their part of the work which was needed
16. it accepted that it should have acted sooner on the resident’s concerns and offered the resident £970 compensation
17. it agreed to install the communal pump on 18 July 2023 alongside doing electrical work.
The resident has told the Ombudsman that she still experiences problems with water pressure. The resident is registered on the landlord’s rehousing list. The communal pump installation is outstanding.

Assessment and findings

Jurisdiction

The Ombudsman is not free to investigate every complaint referred to him. What the Ombudsman can and cannot consider is called the Ombudsman’s jurisdiction. This is set out in the Housing Ombudsman Scheme (the Scheme).
Paragraph 42(a) of the Scheme states:

“The Ombudsman may not consider complaints which, in the Ombudsman’s opinion: a. are made prior to having exhausted a member’s complaint procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.”

The resident referred to several issues which have not exhausted the landlord’s complaint procedure. These are outlined in paragraph 1(a) – (e) of this report above. These issues are therefore out of scope of this investigation, under paragraph 42(a) of the Scheme as there is no evidence they have exhausted the landlord’s complaint procedure.

The landlord’s handling of the water pressure

The tenancy agreement, landlord’s policies, and legal context

The resident’s tenancy agreement states that the landlord must treat a total or partial loss of water supply as an emergency or urgent repair. This would be where there is a repair to the installations for the supply of water within the dwelling or the building or boundaries of the property which the landlord was responsible for.
The landlord’s repair policy states the landlord is responsible for repairs relating to:
1. hot and cold-water supply
2. stopcocks and valves
3. drops in hot water pressure in the kitchen but not cold-water low pressure.
The landlord’s repair policy states the landlord must deal with emergency repairs within 24 hours where there is an immediate danger. The landlord aims to complete routine repairs within 25 calendar days.
Landlords are under an obligation to ensure that properties are fit for human habitation, this includes having a supply of water. This is under sections 9A and 10 of the Landlord and Tenant Act 1985. The Housing Health and Safety Rating System requires landlords to ensure a property has proper sanitation for personal hygiene and food safety. It must also ensure the quality of the supply for washing, cooking and sanitation.
Water companies must maintain a fixed standard of water pressure. Water pressure is the measure of force to get water through the mains and into the pipework within a property or building. The legal requirement for water pressure for water companies is set at seven metres static from the water mains of domestic properties. This is unless there is a drought or there is a need to conduct certain work. This is under the Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008, regulation 10(1).
Together, this means the pipes within the boundary of the property or the plumbing within the flat or building (if the landlord owns it) must be adequate to ensure the use of water. Where the problem is the water pressure leading into the boundary or building – then it is the supplier’s responsibility.

The landlord’s handling of water supply and water pressure issues

The resident complained of having no water to their shower on 14 October 2022. When this was reported to the landlord it ought to have inspected to determine if the issue fell within its repair responsibility.
The landlord attended on 21 October 2023 to fit new shower heads and a shower mixer. It attended again on 28 October 2022 to fit a new stop cock and removed the shower pump from the mains. The resident’s tenancy agreement records a loss of water as an emergency which the landlord ought to have responded to within 24 hours under its repairs policy. The delay in responding was unreasonable as it was not in line with the resident’s tenancy agreement and repair policy.
The resident complained of “constant water issues” and of having no running water and low water pressure on 31 October 2022. The landlord raised an emergency appointment on this day but cancelled this. This was not in line with its policy and was unreasonable.
The resident expressed dissatisfaction that the landlord’s contractor had left the washing machine unconnected to the water supply. The resident told the landlord she had to re-connect this to the supply.
The resident told the landlord that she had no running water between the 28 October 2022 to 1 November 2022. The landlord’s records state that it left the resident with cold running water after the plumbing works on 28 October 2022. The Ombudsman cannot find conclusive evidence to determine whether the resident had running water after then. However, the landlord provided water to the resident on 1 November 2022 which suggests the resident was without running water.
The landlord attempted to call the resident twice on 1 November 2022 to deal with the water supply issues, but the resident hung up. Landlords cannot be faulted for not acting where a resident unreasonably fails to engage. However, the Ombudsman notes that the landlord failed to attend four appointments between 31 October 2022 to 3 November 2022. The cancellation by the landlord of consecutive appointments without notice was unreasonable.
The resident refused to allow the landlord to fit a mains pump to her shower on 4 November 2022. Although the resident’s refusal frustrated the landlord’s plans the Ombudsman cannot determine what difference that fitting the mains pump would have made. This is because the plumber had told the landlord that this would not improve the water pressure.
The resident reported no running water again on 7 November 2022. The landlord attended on that day to fix the leaking sink, but the resident complained this had been unsuccessful. The landlord appropriately responded by attending a second time, but it could not access the property as the resident left to attend a medical appointment.
While the landlord cannot be faulted for not resolving this on 7 November 2022 it ought to have re-arranged another appointment. There is no evidence of the landlord arranging another appointment or of it offering the resident a decant.
It would have been reasonable for the landlord to have considered if a decant was appropriate – given the issues with the water in the property. This was because the resident reported having no running water five times between 14 October 2022 to 7 November 2022 which had impacted her use of the property and health.
The landlord told the resident on 14 November 2022 that it would arrange for a surveyor to investigate. This was an appropriate offer for the landlord to have made to allow it to establish the cause of the resident’s problems with water pressure and water supply. There is no evidence, however, that the landlord sent a surveyor to determine the cause of the low water pressure.
The evidence is that the landlord sent plumbers to the resident’s property. It would not be unreasonable to send plumbers to check whether the water was flowing correctly, whether the pipes were blocked or damaged or whether any small repairs could be completed to resolve the issue; the error here was that none of the plumbers, save for one, reported their findings back to the landlord. This was a clear failure.
The landlord stated it attempted to arrange a surveyor on 27 February 2023 however it was unsuccessful. This meant that it was unable to accurately diagnose the cause of or deal effectively with the low water pressure or water supply issue. This was a failure of the landlord as it promised the resident in its stage 1 response that it would arrange for a surveyor to investigate.
The landlord told the resident on 14 November 2022 that a burst water main may have caused the loss of water supply or water pressure. The landlord asked the resident to contact it again if the water pressure increased after the water company had repaired the burst main. The landlord added on 7 March 2023 that the water company had reduced the water pressure to 1.5 bar. If this was the case, the landlord would not be at fault for the low water pressure.
The resident was also obliged to make contact with her supplier to ask it to inspect and report on the issues. Once she obtained a report or information from her supplier, this could then have been passed to the landlord where the issue had not been resolved. Additionally, the Ombudsman considers the landlord could have suggested a joint inspection with the supplier to see what the issue was. There was no evidence provided to show the landlord contacted the water company which was unreasonable.
The resident complained again about having no running water on 21 November 2022, but the landlord’s records show the resident refused an appointment on the day. The Ombudsman considers that the landlord acted reasonably in offering a same day appointment and so cannot be faulted.
While the resident reported that her water supply was coloured a blue or green tint on 27 January 2023 there is no evidence the landlord took any action following this report. It completed a job on 28 January 2023 relating to “intermittent water within the property” and stated that it could not get access. However, the landlord has not explained what attempts it made to access the resident’s property. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably.
The landlord’s contractor suggested checking the pipework for corrosion but was unable to establish the cause of the reported issues. Therefore, apart from this one exception the Ombudsman cannot establish what the contractor’s findings or recommendations were. There is no evidence this investigation was followed through which was a failure. The resident also had the right to ask the water supplier to inspect the standard of water.
The landlord raised appointments on 9 February 2023 and 17 February 2023 relating to the mixer taps at the resident’s property not mixing the cold water. These jobs were recorded as “completed” on 16 February and 20 February 2023 respectively. It is unclear what work the landlord completed or how the jobs related to the water supply and pressure at the property. This is because of the poor quality of the landlord’s record keeping.
The landlord at stage 2 stated that an operative attended on 18 April 2023 after the resident raised a report on 4 April 2024 relating to bath taps. The landlord fitted two pressure reducing valves on 16 May 2023 to balance the water system. It also stated that on 8 June 2023 it adjusted two valves so the water could mix at the bath taps.
The landlord has not provided any reports to explain the cause of the faults it found or the reason for the delays. Again, given the quality of the information provided by the landlord it is not possible to assess the impact of these on the water supply or pressure. Therefore, the Ombudsman cannot be satisfied that the landlord acted reasonably or completed the repairs within 25 calendar days.
The evidence is that the resident reported no water supply again on 11 May 2023 and that she was without water until 13 May 2023. The landlord stated it cancelled the emergency appointment on 11 May 2023. This was because it noted that the loss of water was caused by a burst water main and its building services were asked to deal with it. The resident was left without water again. It is not clear if it reported this to the supplier.
The landlord told the resident on 7 March 2023 that it would look to see if it could install a commercial pump and it would need to consult leaseholders. It also told the resident it had decided to install a communal pump on 7 March 2023.This was to improve the water supply and pressure to the resident’s property. It is unclear whether the commercial and communal pump were the same. The landlord explained to the resident its contractor could attend on either 15 March 2023 or 16 March 2023.
The resident offered the landlord access on 13 March 2023 between 8 am until 11.30 am or on the weekend. The landlord could not agree this restricted access. This was understandable as it explained to the resident its specialist contractors would be unavailable on weekends. The resident refused to agree a new date for the work unless the landlord agreed to pay her £200 for taking a day off work. It is not the landlord’s role to ensure the resident is financially reimbursed for the cost of allowing access to the property.
There is no evidence that the landlord took any of these steps until the 18 May 2023 when it asked the resident for access. This led to a delay of two months which was unreasonable. The resident offered the landlord two dates in May 2023.
The landlord agreed on 12 July 2023 that it would start the work to install a communal pump on 18 July 2023. This was at the same time as separate electrical work was done. The evidence is that this appointment did not happen as the resident cancelled the electrical appointment.
There is no evidence that the landlord told the resident at the time she cancelled the electrical appointment that this would also cancel the appointment to install the pump. However, the Ombudsman has seen evidence that the resident told the landlord to cancel the appointment because she had been in hospital the night before and needed to rest.

Summary

The Ombudsman has identified the following failures in the landlord’s handling of the water supply and water pressure:
1. it did not respond within 24 hours to the emergency loss of water reported on 14 October 2022
2. it failed to attend four appointments between 31 October 2022 to 3 November 2022
3. it did not re-arrange the appointment on 7 November 2022 for loss of water and a leaking sink
4. it did not consider a decant despite the reported impacts on the resident
5. it failed to arrange a surveyor to investigate the cause of the water supply and pressure loss, including taking readings
6. it failed to make reasonable enquiries with the water company
7. it failed to demonstrate that it responded reasonably to the report of water discolouration on 27 January 2023
8. it failed to show that it acted reasonably in dealing with the mixer taps between 9 February 2023 to 8 June 2023, this was because of the lack of clarity over what faults were found and reason for the delays
9. it failed to seek access or consider whether it needed to consult leaseholders in relation to the communal pump installation between March 2023 to May 2023
10. it left the resident without water between 11 May 2023 to 13 May 2023 because it cancelled an emergency appointment.
Because of the above failures the Ombudsman cannot be satisfied that the landlord acted reasonably. The landlord offered the resident:
1. £120 for the distress and inconvenience it caused the resident
2. £450 for the delays in dealing with the water supply and pressure issues
3. £125 for four missed appointments
4. £75 for the loss of water
This totalled £770. In the Ombudsman’s opinion this level of compensation was appropriate up to that point. This is because not all the issues were the landlord’s responsibility. Had the landlord been able to install the pump when it attended on 4 November 2022, this may have resolved some of the issues. However, the matter is still not resolved – and there is no evidence the landlord has since conducted a thorough investigation to determine what the issue with the water pressure or discolouration is.
The resident told the landlord that the lack of water meant she could not wash or clean. That said, it is not clear that the landlord is responsible for the low water pressure overall. But the landlord should have properly inspected.
The Ombudsman would not normally make an award for loss of earnings where a resident had to take time off work to allow repairs. This is because ordinarily a resident is expected, under the terms of their tenancy, to allow the landlord access to do repairs.
The resident has expressed concerns regarding the impact of the situation on her mental health and eczema. Where claims are made that a person has been injured or a medical condition has worsened due to a landlord’s actions or inactions the Ombudsman must consider the available documentary evidence. When this type of dispute arises, the courts rely on expert evidence in the form of a medico-legal report. This will give an expert opinion of the cause of any injury or deterioration. These matters are usually better dealt with by a court for personal injury. We can, however, consider how the landlord responded to this. In this case, the landlord was aware of the resident’s conditions and did not act promptly to satisfy itself that the water supply issue was not its responsibility.

The landlord’s complaint handling

The landlord has a two staged complaint policy. It must respond to complaints at stage 1 within 10 working days and to complaints at stage 2 within 20 working days.
The resident complained on 31 October 2022 and the landlord provided its stage 1 response on 14 November 2022. It took the landlord 10 working days to respond which was in line with its policy. The Ombudsman expects landlords to deal with all aspects of a resident’s complaint. The landlord’s stage 1 did not fully address the impact the resident experienced by not being able to shower. Nor did the stage 1 deal with her request for a decant or comment on the plumber leaving the washing machine unconnected. This was a failure.
The resident escalated her complaint on 14 November 2022. It took the landlord until 12 July 2023 to provide a stage 2 response. This was 163 working days later and was outside its policy. The landlord provided this after the Ombudsman made contact on 12 June 2023.
The landlord offered the resident £200 for the delay in escalating the complaint and the time and trouble it caused her. The Ombudsman considers this fair compensation.

Determination

In accordance with paragraph 42(a) of the Scheme, the Ombudsman has not investigated the resident’s complaints about the complaints in paragraph 1(a)-(e) of this report as they are outside jurisdiction.
In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of water supply and water pressure issues at the property.
In accordance with paragraph 53(b) of the Scheme, there was reasonable redress in respect of the landlord’s complaint handling.

Orders

The landlord must, within 28 days of the date of this determination:
1. write to the resident to apologise for the failures identified in this report
2. contact the resident to arrange and agree a date, providing at least two different dates, for an independent survey of the water pressure by a suitably qualified engineer. The survey must record water pressure, water temperatures, water flow in the kitchen and bathroom and advise if this is an issue in the dwelling, building or boundary of the land or whether it is the supplier’s issue. If the issue is within the dwelling, building or boundary, the surveyor/engineer should detail what action the landlord may take to improve the water pressure issue. If the survey cannot be arranged within 28 days the landlord must complete this as soon as possible and agree an extension with the Ombudsman.
3. contact the local water company and instruct it to check the mains supply pressure to the resident’s building
4. check with the resident if her sink continues to leak and if so, arrange an urgent appointment
5. request that its priority needs panel (for a management transfer) discuss the resident’s case and specifically:
  1. consider whether a temporary or permanent move should be offered
  2. review the resident’s rehousing list priority
  3. write to the resident with the outcome
6. pay the resident directly an additional £450 compensation for the overall distress and inconvenience caused beyond the complaint procedure in the landlord’s handling of the water supply.
The landlord must provide the Ombudsman with evidence of compliance with the above orders within 28 days of the date of this determination.