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London Borough of Hillingdon (202338766)

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REPORT

COMPLAINT 202338766

London Borough of Hillingdon

28 November 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

  1. The complaint is about the landlord’s response to the resident’s:
    1. Reports of radiators not working in the property.
    2. Associated complaint.

Background

  1. The resident has a secure tenancy with the landlord. The property is a one‑bedroom first floor flat in a purpose-built block used as retirement housing. The resident is elderly. The landlord is a local authority. The resident used a representative in his complaint to the landlord and the Ombudsman, who we shall refer to as “the representative” in this report.
  2. In early March 2022, soon after the resident had moved into the property, he reported no heating to the landlord. The evidence from the repairs log suggests that he, or his representative, reported no heating or that the radiators were not working at least 7 further times that year. The repair log notes in May 2022 that the landlord should measure up for new radiators for the property. The log does not give details of any action taken by the landlord in relation to the heating or suggest that the radiators were left in working order. It does say that the landlord took action to bleed the radiators in early December 2022.
  3. The resident’s reports of a lack of heating continued in 2023. We understand that a new heating contractor was engaged by the landlord who, in late September 2023, noted that, potentially, the radiators would need changing. They also identified that the boiler needed a new pump. This work was completed in mid‑October 2023. When the contractor completed that work, they noted that 4 radiators were “very old, they heat up from top but not from bottom”. They also noted that the bottom of the radiators were “only warm, not hot”; that a power flush or new radiators were required; and that this issue had been ongoing for 2 years.
  4. On 22 November 2022 the representative made a formal complaint to the landlord. She said that the contractor had visited that day and left saying that everything was working, but it was not. She added that the resident was unwell with a chest infection. She said he had no heating at all and had been left in a cold flat. She said this had been a problem the preceding winter and the previous heating contractor had visited many times but did not fix the problem. She said it was not acceptable to leave elderly people in a cold property.
  5. At the end of November 2023, a damp and mould inspection took place. This found damp and mould above the window in the bedroom and also along the skirting board by the bed. It also found that radiators were not working in the bedroom, hallway and bathroom. The report recommended that the landlord should flush the radiators and valves and carry out a mould wash and stain guard the areas affected by the mould. On the same day the heating contractor attended and noted that they had freed up the valves and all the radiators were working.
  6. On 8 December 2023 the landlord told the representative it would need more time to respond to the complaint. A few days later the landlord carried out stain‑guarding and mould washed the affected parts of the property.
  7. On 12 December 2023 the landlord responded to the complaint at stage one of its internal process. In brief, it said that the previous heating contractor had not been able to fully rectify the issue with the heating system. The new heating contractor had identified a broken pump; however, that repair had not been successful. They had since carried out a power flush and resolved some issues with the radiator valves and that had left the system “fully operational”. The landlord apologised for the time taken to repair the heating system. It explained that, given the change in contractor, there was an element of having to start again in terms of the diagnostic process.
  8. The representative asked the landlord to escalate the complaint the same day. She said that there was also an issue with damp and mould that was affecting the bedroom and toilet, and the repair team had painted this area. In relation to the heating system, the representative said that 4 radiators were not working, and she was not sure they ever did. She said the resident had told the contractor that the radiators were not working on 22 November 2023, and they had ignored him and left. She also said that an operative on 30 November 2023 told the resident that the landlord was “not going to spend money on radiators no matter what illness you get and how many times you complain. It is up to the tenant to buy and fix”. The representative said that resident was having to spend another winter in a cold and damp flat.
  9. On 21 December 2023 the contractor attended the property and noted that 3 radiator valve sets were needed. We understand these were installed the following week.
  10. On 30 December 2023 the landlord responded to the complaint at stage 2 of its process. It said it was disappointed to hear the heating system had failed again. It explained that, following the latest failure, its heating contractor had attended, and carried out further work on the radiator valves on 28 December 2023, which had left the heating system working fully. The landlord apologised for the delays in resolving the issues experienced by the resident. It added that it would arrange for its mechanical contracts manager to attend and carry out an assessment of the heating system within the next 28 days.
  11. Some 8 months later in August 2024, the contractor visited the property again. They noted that 2 radiators had not worked for 3 years and that, while they had carried out a power flush in November 2023, that had not worked. They described the radiators as “very old”; noting that the boiler was functioning correctly, but the radiators were only half warm. The contractor noted that the radiators were old “fin radiator style” and were the incorrect size for the property and thus produced “inadequate heat” for the rooms.
  12. When the representative approached the Ombudsman, she said the resident had various health conditions and had been hospitalised twice over the last winter. She said the bedroom was “icy cold and damp and the clothes in the wardrobe are wet”. She added that the residents could not sleep in the bedroom and were confined to one room because only the living room was warm. The representative also said that “nothing has changed and nothing has been done” and she and the resident were tired of complaining and chasing the landlord and its contractors.
  13. In November 2024 the landlord told this Service that it had upgraded all the radiators on 25 October 2024.

Assessment and findings

Scope of the investigation

  1. The representative mentions that the resident has been hospitalised twice over the period when the radiators were not working fully. The Ombudsman does not doubt the representative’s comments regarding the resident’s health. We understand this has been a difficult time for him and his wife. It is generally accepted that damp and mould can affect health, particularly for people with breathing difficulties. However, this Service is unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. Matters of personal injury or damage to health, their investigation and compensation, are not part of the complaints process, and are more appropriately addressed by way of the courts or the landlord’s liability insurer as a personal injury claim. However, we can consider any distress and inconvenience the resident may have experienced as a result of errors by the landlord as well as the landlord’s response to the representative’s concerns about the resident’s health.

Reports of radiators not working in the property

  1. The landlord’s information on its website says that its is responsible for, among other things, making sure that the fixtures and fittings for gas and heating are safe and in working order. This reflects its obligations under section 11 of the Landlord and Tenant Act 1985. It goes on to say that the landlord is responsible for gas installation repairs as well as repairs to the radiators. 
  2. The landlord’s repairs and maintenance fact sheet says that it has different response times depending on the type of repair including:
    1. Emergency – 4 hours. An emergency repairs includes where a resident does not have heating in cold weather and there is no other form of heating available.
    2. Urgent – one working day.
    3. Routine – 20 working days.
  3. The landlord’s void standard says that the heating system must be checked at the start of the void (or as early as possible) so that faults can be rectified without delaying the void process. We have not seen the landlord’s void inspection report; however, it is reasonable to presume that had it carried out a full check of the heating system, the resident would not have had to report problems with the heating so early in his tenancy.
  4. The landlord’s handling of the reports of no, or inadequate, heating in the property was not appropriate. Two months after the initial report in March 2022, the then heating contractor noted that the property needed new radiators. We would expect the landlord to rely on appropriately qualified contractors when making decisions about repairs. If the landlord disagreed with a contractor’s opinion, it would be reasonable for it to obtain a second, independent opinion. In this case, it did not act on the expert advice it received nor seek a second opinion. There is no evidence to suggest it took any substantive action to resolve the problems that the resident was experiencing at that time. Furthermore, we have seen no evidence that the landlord offered the resident temporary heaters to combat the cold that he and his wife were experiencing. That was a further failing.
  5. In September 2023, the new heating contractor carried out a repair to the boiler, which was reasonable. However, this did not resolve matters. This contractor also suggested that the radiators would potentially need replacing in September and October 2023, which the landlord again did not act on. While the contractor undertook some work to the radiator valves, this also did not resolve matters. The evidence suggests that it was only after the contractors assessed the radiators again in August 2024 – some 10 months after suggesting the landlord should consider relacing them – that the landlord agreed to do so. That delay was not reasonable.
  6. The landlord is expected to meet the home standard set by the Regulator of Social Housing. The Home Standard includes ensuring that homes meet the Decent Homes Standard components of which relate to the degree of thermal comfort in a resident’s home as well as the standard of repair. There is also the Housing Health and Safety Rating System (HHSRS) which is concerned with avoiding or minimizing potential hazards. The landlord has a responsibility to keep a property free from category one hazards, including excess cold. Guidance for the HHSRS sets out that a healthy indoor temperature is around 21°C and that temperatures below 16°C, may pose serious health risks for the elderly and below 10°C carries a great risk of hypothermia, especially for the elderly. It explains that excess cold can be caused by several factors including poor, inefficient heating systems and one of the preventative measures listed is an appropriate, properly installed heating system.
  7. It would have been reasonable for the landlord to have replaced the radiators by June 2022 if it had had followed the advice of its then heating contractor. There is no evidence that the radiators were operational from the repair log. The contractors note on 30 November 2023 that the radiators were left working was contradicted by the representative in her escalation request. There were repeated statements by both contractors about the failure of the radiators and/or that they were not heating up beyond the valve. Given that, along with the lack of evidence about what action was taken to resolve the problems with the radiators until the new contractor became involved in September 2023, we consider it is reasonable to presume that the resident and his wife continued to live in a property where there was no heating in the bedroom, hallway or bathroom over 2 winters.
  8. Where the landlord has accepted it has made errors, it is the Ombudsman’s role to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles: Be Fair, Put Things Right and Learn from Outcomes as well as our own guidance on remedies. Consideration of any aggravating factors (such as a resident’s physical health condition) may justify an increased award to reflect the specific impact on the resident.
  9. While the landlord apologised for the delay in resolving the heating problems in its complaint responses, there is no evidence that it considered the impact on the resident and his wife.
  10. We consider that rent-related compensation is appropriate in this case of £1,430 to reflect that the resident and his wife were sleeping in the living room, rather than the bedroom where the radiator did not function properly. This sum also reflects the lack of heating in the bathroom and hallway. We have calculated this at 20% of rent of approximately £127 a week for 13 months (October to March for 2022 and 2023 and for the month of October 2024).
  11. Financial compensation of £650 is also appropriate for the evident distress and inconvenience this matter has caused the resident and his wife. This sum takes into account the time and trouble they have experienced in pursuing matters. It also takes into account the vulnerabilities of the resident which meant the delay in resolving the heating in the property is likely to have had a more severe effect on him compared to other residents in the same position without his vulnerabilities.

Associated complaint

  1. The landlord has a 2-stage complaints procedure. It aims to respond within 10 working days at stage one and within 20 working days at stage 2.
  2. The landlord’s complaint handling was not appropriate. The resident raised new issues at stage 2 (about damp and mould and about the behaviour of an operative) that the landlord should have raised as part of a fresh stage one complaint in line with the Ombudsman’s complaint handling code. This says that, where residents raise additional complaints during the investigation and where the stage one response has been issued, these issues should be logged as a new complaint. A recommendation has been made for the landlord to remind its staff about this matter and to consider incorporating it into its complaints procedure when it next reviews it. We note that the landlord did take action in relation to the damp and mould by completing a mild wash at about this time.
  3. An order has been made for the landlord to contact the representative to see if the resident still wants the landlord to consider these matters as a formal complaint. If the resident does wish to pursue a complaint, the landlord should respond in line with its complaints procedure. An order has also been made for the landlord to engage a damp contractor to carry out a damp survey to ensure that this has been rectified with the installation of the new radiators.
  4. In line with the Ombudsman’s remedies guidance as referenced above, financial compensation of £150 is appropriate for the frustration and inconvenience caused to the resident by the landlord’s complaint handling failures.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration by the landlord in respect of its response to the resident’s:
    1. Reports of radiators not working in the property.
    2. Associated complaint.

Orders

  1. The landlord shall take the following action by 6 January 2025 of the date of this report and provide evidence of compliance with these orders to the Ombudsman. This deadline takes account of Christmas and New Year.
    1. A senior manager to apologise in writing to the resident. In doing so, the landlord should have regard to the apologies guidance on our website.
    2. Pay the resident direct the sum of £2,230 made up of:
      1. £1,430 as rent-related compensation to reflect the fact that the residents were not able to use the bedroom over 2 winters as there was no working radiator in that room or the hallway and bathroom.
      2. £650 for the impact on the residents by the landlord’s delay in replacing the radiators. 
      3. £150 for the impact of the landlord’s complaint handling failures.
    3. Contact the representative to see if the resident still wants the landlord to consider his complaints about damp and mould and the behaviour of an operative as a formal complaint. If the resident does wish to pursue a complaint, the landlord should respond in line with its complaints procedure. 
    4. Engage a damp contractor to carry out a damp survey to ensure that this has been rectified with the installation of the new radiators.

Recommendations

  1. We recommend that the landlord reminds its complaints handling staff that, when a resident raises additional complaints during the investigation and where the stage one response has been issued, the complaint should be logged as a new complaint. The landlord should consider incorporating this into its complaints procedure when it next reviews it.