Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

London Borough of Camden Council (202324855)

Back to Top

REPORT

COMPLAINT 202324855

Camden Council

31 March 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 the resident’s claim for a refund and compensation due to having no heating and hot water.

Background

  1. The resident holds a secure tenancy with the landlord. The property is a maisonette within a block which has a communal heating system controlled by the landlord.
  2. The landlord’s records show that between 2 November 2022 and up until her complaint on 21 August 2023, the resident had periods without heating and/or hot water. In one instance, she had no heating intermittently for over 2 months during the winter months. The landlord provided portable radiators she could use for some of this time.
  3. The resident complained to the landlord in August 2023. It is unclear whether the landlord received this and she chased it for a response on 5 September. She said she wanted compensation for the repeated loss of amenities. She said she had tried to claim online for a refund of her communal heating costs but the landlord had rejected her claim. We have not seen evidence of this.
  4. In its first complaint response on 28 September 2023 the landlord explained that it had rejected the resident’s refund request because she had not claimed within 6 months. It also said that she was unable to claim for the loss of hot water alone. The resident asked the landlord to escalate her complaint on 10 October. She said she had disabilities and severe depression, and the situation had affected her wellbeing.  
  5. When the landlord responded on 18 October 2023 it offered her £100 in compensation which it said was for its delay in responding to her complaint and for her time and trouble. It agreed to pass her refund query to its heating rebate team who it said would consider the claim. The resident remained dissatisfied with the landlord’s response and escalated her complaint to the Service.

Assessment and findings

Scope of the investigation

  1. The resident has raised concerns about the impact the issues may have had on her wellbeing. The Ombudsman is unable to assess the cause of, or liability for, impacts on health and wellbeing. The resident may be able to make a personal injury claim if she considers that her health has been affected by the landlord’s actions or inaction. This is a legal process, and the resident may wish to seek legal advice if she wants to pursue this option. In accordance with paragraph 42.f. of the Scheme, this issue is more effectively resolved and remedied through the courts. It will therefore not be considered in this report.

The landlord’s handling of the resident’s claim for a refund and compensation due to having no heating and hot water.

  1. It is evident that this situation has been distressing for the resident and she has spent a lot of time and trouble reporting and chasing the repairs in the months leading up to her complaint. With exceptions, the landlord demonstrated that it was responsive to most of the repair requests as it handled them within its policy timeframe. However there were instances, such as in December 2022 and August 2023 where the records show it delayed in responding to the repairs, and it did not demonstrate that it had kept the resident informed of its progress whilst attempting to complete them.
  2. The landlord has provided us with its policy which outlines when it will refund the gross weekly communal heating charges. It says it will refund them if a resident has been without heating and/or hot water for 3 consecutive days. This policy does not mention any time limits for claiming, and explains the period applicable is from the last week of September to the end of May. It is unclear based on this evidence why the landlord said in its first complaint response that the resident could not claim for the loss of hot water alone, and that she had missed the 6 months’ deadline.
  3. Based on the landlord’s policy we have seen, the resident should have been entitled to a rebate on her communal heating charges as there were periods where she was without amenities. The landlord’s records are unclear on the total number of days she was entitled to the refund. However it includes the period from 10 November 2022 to 27 January 2023 (relating to repair reference number 3152079/1) as there were intermittent periods during this date range where she had no heating provision for over 3 consecutive days. It also includes the period from 9 August to 21 August 2023 (relating to repair reference number 3331463/1) when it is evident she had no hot water.
  4. In its final complaint response, the landlord appropriately apologised and recognised that she may be entitled to a refund. It said it would forward the request to its heating rebate team for consideration. The evidence shows it did, and the department responded to say it had prepared a calculation. However we have not seen any evidence that a refund was processed, nor of any communication with the resident about her entitlement. This leaves the complaint unresolved.
  5. The landlord’s policy outlines instances where it will also pay compensation, in addition to a rebate of the communal charges. It says that it will pay £2.50 per day if there has been a loss of heating for 5 consecutive days or more, and it has not provided alternative means of heating. It says it will pay compensation of £1.00 per day for loss of hot water. It does not clearly specify that these compensation payments are limited to winter months. 
  6. Based on its policy, the landlord should have offered the resident compensation for the lack of facilities. This includes the dates from 10 November 2022 to 19 December 2022, when she had periods of no heating (and no temporary measure provided) for over 5 consecutive days. It also includes the dates from 9 August to 21 August 2023 when she had no hot water for over 5 consecutive days. As explained above, the landlord’s records are unclear on the exact periods where she was without amenities. As such, there may be other instances of when she was entitled to compensation.
  7. The landlord offered £100 in compensation in its final complaint response for the resident’s time and trouble and its delays, including its delayed complaint handling. Its offer of compensation was broadly appropriate and in line with its policy. However, it did not go far enough to recognise the distress and inconvenience the resident had experienced. Neither did it demonstrate that it had offered compensation and a refund of the charges due to the loss of heating and hot water, in line with its policy. As this was not fully addressed, it missed an opportunity to resolve the complaint.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s claim for a refund and compensation due to having no heating and hot water.

Orders

  1. Within 4 weeks from the date of this report, the landlord is ordered to:
    1. Pay the resident £200 in compensation. This is in recognition of the distress and inconvenience caused to her in its handling of her claim for a refund and compensation due to having no heating and hot water. This amount includes the £100 it has already offered.
    2. Calculate and pay the resident a refund and compensation for the loss of heating and/or hot water for the relevant periods from 2 November 2022 to 28 September 2023, if it has not already done so, as per its policy.
  2. The landlord must provide evidence of complying with these orders to the Service within 4 weeks.

Recommendations

  1. When she escalated her complaint to the landlord, the resident reported that she has health problems that may be impacted by her housing conditions, and also the service the landlord provides. The landlord does not appear to hold any record of these issues. It is recommended that the landlord contacts the resident to confirm any vulnerabilities she may have, and updates its systems accordingly, if the resident consents to this.