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Camden Council (202226501)

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REPORT

COMPLAINT 202226501

Camden Council

15 November 2024


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The complaint is about the landlord’s handling of:
    1. repairs to the heating controller and to address leaks in the property in the void period.
    2. the subsequent complaint.

Determination (decision)

  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.

How the complaint was resolved

  1. The resident lives in a 1-bedroom third floor flat under a secure tenancy agreement. As part of the tenancy agreement the resident pays a weekly heating and hot water charge to the landlord alongside the rent.
  2. The resident moved into the property on 13 December 2021. The resident told this service that when he viewed the property, a few weeks before this, the landlord said it would carry out any necessary repairs during the void period.
  3. The resident said that when he moved into the property there was a damp patch by the bedroom window, which quickly developed into a leak, and a minor leak under the kitchen sink which the landlord had not repaired. The resident told this service he arranged these repairs himself.
  4. On 21 July 2022 the resident raised a repair request with the landlord that the heating controller for the property was not working and the hot water and heating remained on even when he attempted to switch these off. The resident complained to the landlord on 23 August 2022 he had incurred additional heating costs as a result of the landlord not repairing the heating controller before he moved into the property.
  5. The landlord identified that there were 2 motorised valves which were defective in the heating system and needed replacement. The landlord completed this repair on 25 August 2022.
  6. The landlord acknowledged in its stage 1 response on 8 November 2022 that there had been a delay in repairing the heating controller and offered him £50 compensation in recognition of this. It told the resident that it does not look at heat metering charges until the end of the financial year. It said it would consider if it had overcharged the resident and make any amended charge in July 2023.
  7. The resident escalated his complaint on 9 November 2022. The landlord’s stage 2 response on 30 January 2023 did not change the remedy it offered the resident and said it cannot refund the resident’s additional heating costs as the actual cost of heating the property will not be known until the end of the financial year.
  8. The resident confirmed to this service that the landlord refunded him for additional heating costs in August 2023 and there were no outstanding problems with leaks or heating at the property. However, he remained dissatisfied with how the landlord had handled the complaint in that:
    1. the landlord had not acted in line with its complaints procedure in how long it took to respond to his complaint
    2. it had not responded to his complaint about the landlord not repairing the leaks during the void period, which he raised in his escalation on 9 November 2022
    3. the landlord’s offer of £50 as compensation for the delay in the repairs did not reflect the level of stress he experienced
  9. The resident said as an outcome he was seeking additional compensation. He agreed, from discussion with this service, that if the landlord were to provide a further £100 in compensation he would be satisfied with this as a resolution to his complaint.
  10. This service contacted the landlord on 25 October 2024 and provided it with a summary of the Ombudsman’s understanding of the events. The landlord agreed to:
    1. offer the resident an additional £100 for its handling of his complaint
    2. review its complaint handling in this case to identify what went wrong
    3. communicate the outcome of its review to the resident and apologise for its failures in its complaint handling.
  11. 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”

  1. The Ombudsman is therefore satisfied, following the intervention of this Service, that the landlord has now agreed to take actions to remedy the matters raised which will resolve the complaint satisfactorily.

Recommendations

  1. Within 28 days of this determination the landlord should carry out the actions it has promised to complete, as set out in paragraph 12 of this report.