Hyde Housing Association Limited (202419385)

REPORT

COMPLAINT 202419385

Hyde Housing Association Limited

3 June 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

The complaint is about the landlord’s handling of the resident’s:

Concerns about the heating, hot water, and the price of her energy bills at the property.
Associated complaint.

Background

The resident is an assured tenant of the landlord at the property, a 3-bedroom house. The resident has 2 children, one of whom suffers with a respiratory condition. The landlord is aware of their vulnerabilities.
Between October 2023 and November 2023, the resident reported the storage heaters were not working at the property. The resident’s MP also asked the landlord to investigate the resident’s high energy bills.

On 20 December 2023 the landlord carried out an inspection of the resident’s storage heaters at the property and assessed her energy usage. The landlord suggested it could consider inspecting the insulation in the loft space, as well as installing heated towel rails in the downstairs toilet, and the bathroom.
The resident said the electrician who carried out the inspection at the property told her the storage heater in the hallway had been fitted in the wrong place. The resident said the electrician also told her due to its size, the storage heater would not fit anywhere else. She said they told her there was not enough space to fit any heating in the kitchen. The resident said this meant there was no heating in the hallway, kitchen, or downstairs bathroom at the property.
Between January 2024 and March 2024, the landlord’s surveyor missed 4 appointments to carry out an inspection of the resident’s property. On 26 February 2024 the resident asked the landlord to raise a complaint about its handling of her concerns about the storage heating in the property.
On 27 March 2024 the landlord’s surveyor carried out an inspection at the resident’s property. The surveyor confirmed the storage heaters had been newly installed prior to the resident moving into the property 7 months earlier. The surveyor said:
1. There was no signs of damp and mould, condensation, or cold bridging in any of the rooms at the property.
2. The landlord should raise a repair for an electrician to carry out an inspection of the fan heater in the bathroom.
3. The landlord should inspect its original audit or carry out a new audit of the property to establish what heating it should install in the downstairs toilet, and the bathroom.
On 3 May 2024 an operative of the landlord attended the resident’s property. The resident said the operative had told her they did not know why they had been asked to visit the property. The resident also said the operative agreed to send the report from the landlord’s previous inspection of the property in December 2023.
On 10 June 2024 the resident raised a complaint to the landlord about its handling of her concerns about the heating, hot water, and the price of her energy bills at the property. The resident said she had made repeated requests for the landlord to provide her with a copy of its surveyor’s report. She said the cost of heating her home was ‘crippling’, and the property was still cold. The resident said this had impacted her, and her children’s health and wellbeing.
The landlord provided its stage 1 complaint response on 5 July 2024. It apologised for its delay in responding to the resident’s complaint and awarded her £50 compensation. The landlord said:
1. Its contractors had carried out 3 inspections of the storage heaters at the property and they had not identified any follow-on works.
2. It would consider carrying out the surveyor’s recommendation in the survey dated 27 March 2024.
3. It had investigated the resident’s energy bills and confirmed she was on the cheapest rate.
4. The resident could contact her energy provider to discuss her current energy usage plan, and she could consider comparisons with other energy providers.
On 9 July 2024 the resident asked the landlord to escalate her complaint. she said she was still waiting for the landlord to send her its surveyor’s and electrician’s reports which it had agreed to provide. The resident said a manager at the landlord accepted the heating bills at the property were very high, and the landlord’s suggestions would have little impact in reducing them.
On 14 August 2024 the landlord provided its final response to the resident’s complaint. The landlord provided the surveyor’s and electrician’s reports. It suggested the resident could contact her energy supplier if she was unhappy with the timings of her economy 7 meters for her storage heaters. The landlord said it was satisfied with its stage 1 complaint response.

The resident remained dissatisfied with the landlord’s final response to her complaint. She brought her complaint to the Ombudsman stating that in the last 70 days her energy usage had cost her £840 but the property remained ‘freezing’. She explained the high costs in heating her home had impacted her financially and caused her significant distress and inconvenience. The resident said she felt the landlord was not listening to her. She wanted it to install a central heating system at the property.
In March 2025 the resident said:
1. The landlord carried out a further inspection of the property. The resident said she was waiting for an update following this visit.
2. There was damp and mould in the living room which the resident said was due to the storage heaters lack of capacity to heat the property.
3. The resident started to use an additional portable electric heater. She said her son burnt his arm on this.
4. The resident’s energy provider has said at certain times she was using 3 times the amount of energy it would expect for a property of a similar size. The resident has said despite this, the property remains cold.
5. The manufacturer of the storage heaters, and her energy provider have both told her the economy 7 light switch in her property should not remain on all day, and this could be due to a fault in its installation. The landlord has not been given this information.

Assessment and findings

When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.

The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.

Scope of investigation

Section 42.a. of the Housing Ombudsman Scheme states that we may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s [landlord’s] complaints 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.
We have taken into consideration that the resident has said she has damp and mould within the living room of her property. However, we have not seen evidence that she raised this in her formal complaint to the landlord or that it has responded to this issue through its complaints process. The resident can contact the landlord and raise a repair for this. If she is unhappy with how the landlord handles the repair of the damp and mould, she can then raise a complaint to the landlord about this. Once the resident has exhausted the landlord’s complaints procedure, she may be able to refer the complaint to the Ombudsman if she remains dissatisfied with the landlord’s final response.
Paragraph 42.f. of the Scheme states that we may not consider matters where the Ombudsman considers it quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, other tribunal, or procedure.
As part of her complaint, the resident has said that her mental health, and her children’s physical health and wellbeing has been affected due to the heating, hot water, and the price of her energy bills at the property. We acknowledge what the resident has said, and we understand this has been and continues to be a difficult time for her and her family. However, it is outside the Ombudsman’s remit to establish whether there was a direct link between the landlord’s actions or inaction and the specific health conditions of the resident, and her children.
Matters of liability for damage to health are better suited to a court or liability insurance process to determine. We have considered the distress and inconvenience the resident experienced as a result of any errors by the landlord as well as the landlord’s response to the resident’s concerns about her health, and the health of her children.

Policies and procedures

The landlord’s repairs policy states it is responsible for the heating system and electrics inside the property. The landlord’s repairs policy states that its repairs fall into the following categories:
1. Emergency – This as any repair which is required to sustain immediate health, safety, or security of the resident or that affects the structure of the building adversely. It states it will attend within 4 hours to make the property safe only. It will then complete further works as an anytime repair.
2. Anytime (routine) – This is any responsive repair that is not an emergency. These repairs will be completed within its contractor’s working hours and within 20 working days.
3. Major – This as a non-emergency repair that it considers to be a major or complex repair. There is no timescale included for this type of repair.
The landlord has a 2-stage complaints process. It will acknowledge a resident’s stage 1 complaint within 5 working days. It will then provide its written response at stage 1 within 10 working days of its acknowledgement. The landlord will provide its stage 2 response within 20 working days. It will provide a resident with an explanation if it requires more time to respond to a resident’s complaint, at either stage. This will not exceed a further 10 working days at stage 1, and a further 20 working days at stage 2, without good reason.

Concerns about the heating, hot water, and the price of her energy bills at the property.

We acknowledge the concerns the resident has raised over the increase in her energy bills after she moved into her property in August 2023. On 18 October 2023, the resident reported her storage heaters were not working, and her child had been unwell. The landlord’s operative attended the same day and reset the heating system.
The operative said there were no issues identified with the heating system and that the resident should be able to heat the property the following morning. This was an appropriate response because the landlord treated this as an emergency repair, which its policy states it will respond to within 4 hours.
Records show the landlord raised a repair on 8 November 2023 to fix the wiring on the storage heater in the third bedroom, at the property. It completed these works on 10 November 2023. This was reasonable as this would have been considered to be a routine repair, which the landlord’s repairs policy states it will complete within 20 working days.
On 15 December 2024 the landlord agreed to carry out a heating survey of the resident’s property. It carried this out on 20 December 2023. The surveyor recommended the landlord could inspect the insulation in the loft space, as well as consider installing towel rails in the downstairs toilet, and the bathroom, to address the resident’s concerns about a lack of heat within the property.
The resident has said the electrician who visited her property said the storage heater in the hallway was in the wrong place but due to its size it could not be placed anywhere else. We understand the resident has said due to the location of the storage heater in the hallway she does not use it. We are not commenting on the resident’s decision to not use this storage heater.

However, we have not been provided with any evidence the landlord responded to the resident about her concerns regarding the storage heater in the hallway. Where there is a lack of independent evidence to support the account made by the resident about what the landlord’s electrician had said, the Ombudsman as an impartial arbiter cannot determine what happened. However, the landlord should have investigated these concerns raised by the resident, including by speaking to the electrician about what they told the resident. The landlord should have then communicated its findings of the investigation with the resident. The landlord’s failure to address the resident’s concerns is evidence of poor communication.
We will make an order for the landlord to carry out an independent inspection of the positioning and suitability of the storage heater in the hallway. It should share the findings of the inspection with the resident and the Ombudsman.
During a further survey at the resident’s property on 27 March 2024, the same recommendations that had been raised in the previous survey, were raised again. In addition to this, the surveyor recommended the landlord carry out an inspection of the fan heater in the bathroom. This was because the resident had said she could smell burning when it was in use. We have seen no evidence that the landlord has considered or carried out any of its surveyor’s recommendations. We would expect landlords to carry out follow on works that its surveyors have identified in their inspections or explain why they will not do so. It may not always be practical to follow recommendations but if the landlord doesn’t follow them, for example on cost grounds it should explain what alternative steps it will take to resolve the problem. This is evidence of poor handling of the landlord’s repairs.
Between January 2024 and 18 March 2024, the landlord’s operatives missed 4 appointments to carry out inspections of the storage heaters at the resident’s property. We would expect a landlord to attend its prearranged appointments with its residents within its agreed timescales. The landlord should have communicated to the resident if it was unable to attend. It should have given an explanation and offered an alternative appointment for the resident without her having to chase the landlord.
On 3 May 2024 an operative of the landlord visited the resident’s property unannounced. The resident said the operative did not know why they were there, and no works were carried out. Records show this appointment had been raised to carry out the recommendations in the surveyor’s report dated 27 March 2024. There is no record that any work was completed during this appointment. The landlord should have communicated this appointment with the resident in advance to confirm if it was suitable. We would also expect for its operative to have attended the property prepared for what works they were expected to complete. This is evidence of poor communication and poor handling of its repairs which we understood caused the resident distress and inconvenience.
In June 2024 the landlord requested the resident’s bills so it could compare her energy usage with the previous year. This was a proportionate response by the landlord so it could assess the impact the newly installed storage heaters were having on the increase in energy usage at the property. The landlord would only be expected to reimburse the extra cost due any problems with the storage heaters rather than the full cost of heating the property.
The resident said she had been chasing the landlord for it to provide the surveys carried out at the property from December 2023 and March 2024. Landlords are not obliged to share this information with residents although they should share details of any repairs, they will carry out following a survey. However, in May 2024 the landlord’s surveyor had agreed to provide the survey but then failed to send this to the resident. The landlord should have honoured its agreement to send the survey.
The resident continued to chase these reports which we understand the landlord sent to her on 14 August 2024. This was 71 working days after the resident said the surveyor had agreed to send this information to her. We would expect the landlord to provide this information within 10 working days. This was a significant delay, which we understand caused the resident further distress and inconvenience when she was ultimately trying to find a solution to reduce her energy bills.
We understand the resident has said the manufacturer of the storage heaters, and a contractor from the energy company who attended her property, have both said the economy 7 light switch should not be on all day as she has described. The resident said she was told this may be due to a fault in the installation of the storage heaters and may be contributing to her high energy bills. The resident has not shared this information with the landlord. We are not commenting on the reasons the resident has not shared this information.
However, the landlord cannot be held accountable for not acting on information it was not aware of. We cannot verify this information because we have not seen it and it would be unfair for us to assess key information that the landlord has not had access to. If the resident sends these reports to the landlord, the landlord would be expected to respond and check if there was any evidence of a fault in the installation of the storage heaters. If the landlord finds evidence of a fault, it should consider whether compensation is due for any extra costs this has caused to the resident heating the property.
It is accepted the resident has high energy bills in comparison to other similar sized properties. She has said despite the high bills the property remains ‘freezing’. From the records reviewed, overall, the landlord has failed to carry out an adequate investigation to address the capability of its newly installed storage heaters within the property. The landlord should have carried out its inspections, or monitored the temperature within the property during the times the heating system was in use. It also failed to show it considered the impact the lack of insulation in the loft, lack of heating in the kitchen, downstairs toilet, and bathroom had on the overall temperature of the property.
We will make a recommendation for the landlord to communicate with the manufacturer in relation to the resident’s comments in respect of the economy 7 light switch, and that it should consider arranging for an independent inspection of the heating installation at the resident’s property.
We will make an order for the landlord to carry out the recommendations in its previous surveys which included:
1. Fitting a towel rail in the downstairs toilet, and upstairs bathroom. If the resident refuses this due to her concerns about space, or any increased costs, the landlord needs to respond to those concerns in writing.
2. An inspection of the suitability of the fan heater in the bathroom.
3. An inspection of the insulation in the loft space at the property.
We will also make an order for the landlord to carry out an independent inspection of the heating in the kitchen. The landlord is then to set out a schedule of works for which it is responsible, including timescales, which it is to share with the resident and the Ombudsman.
The resident has requested the landlord install radiators instead of storage heaters at the property. Whilst we acknowledge the resident’s reasons for wanting central heating, the landlord is not obliged to fit this. It is considered reasonable to use storage heaters instead provided they are functioning correctly. However, the landlord should have responded to the resident’s request and there is no evidence it did so. Therefore, we will make a recommendation for the landlord consider the resident’s request. The landlord should then respond to the resident in writing about its decision on whether it will install central heating at the property. The landlord should include any reasons for its decision.
We have also seen no evidence the landlord responded to the resident’s concerns about the lack of space to install towel rails in either of the bathrooms or in the kitchen. The landlord should have responded to the resident’s concerns, as well as her concerns about any increased costs in using towel rails at the property. This is evidence of poor communication.
For the reasons described above, the Ombudsman makes a finding of maladministration in the landlord’s handling of the resident’s concerns about the heating, hot water, and the price of her energy bills at the property.

We have considered our own remedies guidance (published on our website) in respect of compensation for distress and inconvenience caused by the landlord’s errors. The landlord is to pay the resident £500 compensation for this aspect of the resident’s complaint. Examples of this level of compensation in the guidance include where the landlord has made errors which caused significant distress and inconvenience to the resident.

Associated complaint.

On 26 February 2024 the resident asked the landlord to raise a complaint on the landlord’s social media page. The resident said this was after the landlord had missed 3 appointments to attend her property and had not responded to her requests to be updated. We have seen communication confirming the landlord was aware of the resident’s request. It was appropriate that the landlord communicated with the resident and sought to put things right. However, we have not seen any evidence the landlord acknowledged or raised this as a formal complaint, as per the resident’s request.
The landlord should have logged and then acknowledged the resident’s complaint within 5 working days, in line with its complaints policy. This policy states residents can raise a complaint via social media, and that it will acknowledge the complaint within 5 working days.
On 10 June 2024 the resident raised a complaint to the landlord about the heating, hot water, and the price of her energy bills at the property. The landlord acknowledged the resident’s complaint 5 working days later, on 17 June 2024. This was appropriate because it was in line with its complaints policy.
The landlord then provided its stage 1 complaint response on 5 July 2024. This was 14 working days later. This was reasonable because the landlord had communicated to the resident that it needed extra time before it could provide its stage 1 written complaint response.

We would expect a landlord to provide a stage 1 complaint response within 10 working days, in line with the Ombudsman’s Complaint Handling Code (which sets out our service’s expectations for landlords’ complaint handling). However, where the landlord may need further time to respond to a resident’s complaint, this should not exceed a further 10 working days.
The resident asked the landlord to escalate her complaint on 9 July 2024, which the landlord acknowledged the next day. The landlord provided its final response to the resident’s complaint on 14 August 2024. This was 25 working days later. We have not seen any proportionate reason the landlord needed to extend its final response to the resident’s complaint. Therefore it should have responded within 20 working days in line with the Code. However, we acknowledge this was not a significant delay.
The landlord apologised for its delays and awarded the resident £50 compensation within its final response for its handling of this aspect of her complaint. The Ombudsman has considered our own remedies guidance in respect of compensation. This amount awarded by the landlord is within the range of compensation the Ombudsman would issue if the landlord had not made this offer. The remedies guidance suggests awards in this range where there have been relatively short delays which caused inconvenience, but did not affect the overall outcome of the complaint. Therefore, the Ombudsman makes a finding of reasonable redress for the landlord’s errors in respect of the landlord’s handling of the resident’s associated complaint.

Determination (decision)

In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s concerns about the heating, hot water, and the price of her energy bills at the property.
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, satisfactorily resolves its handling of the resident’s associated complaint.

Orders and recommendations

Orders

The landlord is to apologise to the resident in writing. The apology is to be in line with the Ombudsman’s guidance that it acknowledges the maladministration and expresses a sincere regret for its handling of the resident’s concerns about the heating, hot water, and the price of her energy bills at the property.
The landlord is to pay the resident a compensation payment of £500 for its errors in its handling of her concerns about the heating, hot water, and the price of her energy bills at the property.
The landlord should pay the resident the £50 it awarded the resident in its stage 1 and stage 2 complaint responses unless this has already been paid.
The landlord is to carry out the recommendations in its previous surveys which included:
1. Fitting a towel rail in the downstairs toilet, and upstairs bathroom. If the resident refuses this due to her concerns about space, or any increased costs, the landlord needs to respond to those concerns in writing.
2. An inspection of the suitability of the fan heater in the bathroom.
3. An inspection of the insulation in the loft space at the property.
The landlord is to share evidence with the Ombudsman confirming that it has complied with the above orders within 28 days of the date of this report.
The landlord is to carry out an independent inspection of:
1. The heating in the kitchen at the property.
2. The positioning and suitability of the storage heater in the hallway.
3. The landlord should then share the findings of this inspection with the resident and the Ombudsman in writing.
The landlord is to then share evidence with the Ombudsman confirming that it has complied with the above order within 6 weeks of the date of this report.
The landlord is then to set out a schedule of works for which it is responsible including timescales, which it is to share with the resident and the Ombudsman. If follow on works are identified by the inspection, these works are to then be carried out within a reasonable timescale, in line with the landlord’s published timescales and industry best practice.

Recommendations

The landlord should communicate with the manufacturer of the storage heaters in the property, in respect of the economy 7 light switch being on 24 hours per day. It should then arrange for an independent, suitably qualified contractor, with knowledge of the heating system, to carry out an inspection of the installation of the storage heaters at the resident’s property.
The landlord should respond to the resident’s request in writing for it to install radiators at the property. It should explain and set out its reasons for its decision on whether or not it will install a central heating system at the property.
The landlord should write to the resident to outline any support it can offer her, as well as signposting her to any relevant support from other agencies regarding financial hardship in managing her energy bills. It should also investigate and share with the resident whether it can identify any further energy efficiency measures within her property.