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Aster Group Limited (202227882)

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REPORT

COMPLAINT 202227882

Aster Group Limited

14 February 2025


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 insulation repairs at the property.

Background

  1. The resident is an assured tenant of the property, a 2-bed first floor flat of a low-rise building. She has lived at the property since 1995. The landlord is aware the resident is vulnerable.
  2. On 13 December 2022 the landlord visited the resident’s property. It raised a repair to “top up poly bead insulation” in the external walls of her flat. The resident said the insulation had blown out via an exposed brick near the entrance of her property.
  3. The resident complained to the landlord on 17 January 2023. She said the insulation needed to be replaced as soon as possible as her property was very cold. The resident said she was struggling to heat her home and she was worried about the impact on her health.
  4. On 6 April 2023 the landlord replied to the resident at stage 1 of its internal complaints process. It said it had no date for the repair, but it was “confident” it would be done during the year as part of a planned work programme. The landlord apologised and it offered the resident £100 compensation for its initial poor communication regarding the repair timeframe. It also offered her £75 for the delay in responding to the complaint.
  5. The resident escalated her complaint to the landlord on 30 July 2023. It replied to the resident at stage 2 of its internal complaints process on 25 August 2023. It said the other flats in the block also needed their insulation replacing. The landlord said due to this it had to complete a “section 20 consultation” as 1 resident was a leaseholder of their flat. A section 20 consultation is a legal requirement for landlords who intend to carry out major works on a building. This must be completed with residents who are leaseholders that pay variable service charges. It offered the resident an extra £100 compensation towards her heating costs.
  6. On 5 October 2023 the landlord held a “designated complaints panel” and reviewed the resident’s complaint. The panel recommended the following:
    1. The landlord forgoes the Section 20 consultation and cover the “1/6 leaseholder contribution”.
    2. Based on the resident’s vulnerabilities the landlord must prioritise this repair.
  7. The Service understands the landlord completed the insulation repair on 5 December 2023. The landlord also paid the resident the £275 compensation offered.

Assessment and findings

  1. Paragraph 53.c. of the Housing Ombudsman Scheme states that, “the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.”

The Ombudsman’s Intervention

  1. This service contacted the landlord on 5 February 2025 and provided it with a summary of the Ombudsman’s understanding of the events. This included the Ombudsman’s provisional comments as to what the landlord could do to resolve the resident’s complaint.

The landlord’s offer of redress

  1. On 10 February 2025 the landlord provided this Service with evidence that it had acted on the Ombudsman’s provisional comments and paid the resident a further £600 compensation.
  2. The resident has informed the Ombudsman that she is content with this as a resolution to her complaint.
  3. The Ombudsman is therefore satisfied, following the intervention of this service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Determination

  1. In accordance with paragraph 53.c. of the Housing Ombudsman Scheme, the landlord has made an offer of redress, following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.