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One Housing Group Limited (202234703)

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REPORT

COMPLAINT 202234703

One Housing Group Limited

29 August 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 handling of reports of no heating and hot water in the property.

Background

  1. The resident holds an assured tenancy. The property is a three-bedroom terraced house. The resident lives in the property with her children.
  2. The resident contacted the landlord regarding issues with heating and hot water in the property multiple times between 14 October 2022 and 14 December 2022. On 14 December 2022, the resident contacted the landlord to report that she had no heating and hot water. The landlord raised an emergency 12-hour repair job and attended on 19 December 2022. It noted that further works were required.
  3. The resident contacted the landlord again on 13 January 2023 informing it that she had requested emergency boiler repair since 13 December 2022. She stated that she had contacted the landlord numerous times to resolve the issue but it was still outstanding. She had been using electric heaters which were causing her electric bills to increase and worsening back pain problems due to the cold temperature in the property. She reported that she was withholding the February rent to pay for the electric bill and the ‘pain and suffering’ caused her.
  4. The resident contacted the landlord again on 18 January 2023 to report that she still had no heating or hot water. The landlord attended on 20 January 2023. It disconnected the boiler and identified that a new boiler was required.
  5. The resident contacted the landlord on 21 January 2023, she stated that nobody had contacted her regarding the boiler repair. She informed it that she would be checking into a ‘bed and breakfast accommodation’ with her family as she feared ‘dying of pneumonia’ due to the freezing temperatures. She was looking to book initially for 5 nights but as she did not know how long it would take to resolve the boiler issue, she might have to extend her stay.  She informed the landlord that she would send it the bill at the end of her stay.
  6. On 24 January 2023, the resident contacted the landlord to inform it that she was extending her stay in the ‘bed and breakfast accommodation’. She contacted it daily from 25 January 2023 until 27 January 2023 and on 1 February 2023 requesting for updates on when the boiler would be replaced. A new boiler was installed on 7 February 2023.
  7. On 6 March 2023, the resident contacted the landlord. She reported that since the new boiler had been installed there had been fluctuating water temperatures. 
  8. The resident made a formal complaint on 9 March 2023. In summary, she stated:
    1. She had ongoing issues with the heating and hot water in the property between 14 October 2022 until 6 February 2023.
    2. That a new boiler was fitted on 7 February 2023 yet the hot water was not working properly.
    3. That she had to stay in the ‘bed and breakfast accommodation’ and in incurred costs of £1,700 which is why rent could not be paid.
    4. To resolve the complaint, she wanted the landlord to complete repairs to the boiler so the hot water worked properly and to reimburse costs incurred so the money could be used to pay outstanding rent.
  9. The landlord acknowledged the resident’s complaint on 13 March 2023 and issued its stage 1 response on 23 March 203. In summary, it stated:
    1. It failed to respond to the resident reports of not having heating and hot water within its specified time frame of 24 hours for emergency repairs. It apologised for the length of time it had taken to resolve the heating issues.
    2. It said it was not able to provide its contractors with an asbestos report until 2 February 2023 and this caused some delays with the new boiler being installed on time.
    3. It said that it had arranged a repair appointment to fix the fluctuating water temperature for 28 March 2023.
    4. It acknowledged that the resident had attempted to communicate with it multiple times over her repair requests. It said more training was in progress to ensure communication between its staff, contractors and residents was improved.
    5. It said it was unable to compensate the resident for the temporary accommodation she arranged for herself because it had not agreed to compensate her.
    6. It apologised for the poor customer service she had received and offered £646 compensation. It calculated this as follows:
      1. £50 for not completing the repair within a reasonable time limit.
      2. £165 for no heating between 14 December 2022 to 7 February 2023.
      3. £81 for no hot water between 18 January 2023 to 7 February 2023.
      4. £250 for impact caused.
      5. £100 for distress and inconvenience caused.
  10. The resident asked for her complaint to be escalated on 25 March 2023. She reported that she was unhappy that landlord had changed the appointment to repair the water temperature from 28 March 2023 until 3 April 2023. She also requested that the landlord reimbursed the £1,700 she spent on the ‘bed and breakfast accommodation’.
  11. The landlord acknowledged the resident’s complaint on 29 March 2023 and issued its stage 2 response on 29 March 2023. In summary it stated:
    1. That it had reviewed its records which showed that the resident had heating/ hot water issues for 114 days from 15 October 2022 to 6 February 2023.
    2. It offered the resident £1,334 compensation. It calculated the figure as follows:
      1. £50 right to repair, this was for the repair not being completed in a timely manner.
      2. £684, for no heating and hot water. Calculated as 114 days (15 October 2022 up to and including 7 February 2023) at £6 per day.
      3. £500 high impact.
      4. £100 for inconvenience caused.
  12. The resident escalated her complaint to this Service, stating that the issues with the water temperature had been resolved but she remained unhappy that the landlord had refused to refund her the £1,700 which she spent on the ‘bed and breakfast accommodation’. The complaint became one that this Service could investigate on 12 January 2024.

Assessment and findings

Policies and procedures

  1. The resident’s tenancy agreement and the landlord’s repairs policy states that the landlord must keep in good repair and proper working order any installations it provided for space heating, water heating and sanitation and for the supply of water, gas’ and electricity. Including: water heaters and central heating installation.
  2. The resident’s tenancy agreement states that the tenant must pay rent weekly in advance.
  3. The landlords’ repairs policy refers to the Home Standard contained in Homes and Communities Agency regulations which states that landlord shall provide a cost-effective repairs and maintenance service to homes and communal areas that responds to the needs of, and offers choices to, tenants, and has the objective of completing repairs and improvements ‘right first time’.
  4. The landlord’s repairs policy states for emergency repairs, where there is an immediate danger to the occupant or members of the public, it will aim to attend within 4 hours and to complete/make safe the repair within 24 hours. The landlord will aim to respond to reports of no heating and hot water, between 1 October to 30 April, as Emergency repairs, as updated on its corporate website. For all non-emergency repairs (Routine) it will arrange a mutually convenient appointment time and date to be attended to within 28 days.

Withholding rent

  1. In contacting this Service, the resident stated that she had informed the landlord that she would withhold a portion of her rent until the landlord reimbursed her outstanding ‘bed and breakfast accommodation’ costs. Under the terms of the tenancy agreement the resident does not have the right to withhold rent because of the landlord’s failure to do repairs. Further, the landlord may start possession proceedings against the resident and put her at risk of eviction. For this reason, whilst this Service acknowledges the resident’s frustration, this is not a course of action that would be recommended by this Service.

The landlord’s handling of reports of no heating and hot water in the property.

  1. The resident made her initial report of having issues with heating and hot water on 14 October 2022, the landlord created an emergency repair job with a 12-hour time frame for completion. The landlord attended on 11 November 2022. This was 29 days from when the resident made her initial report. It serviced the boiler and issued a boiler certificate showing that the boiler was in good working order.
  2. However, the resident contacted the landlord again on 14 December 2022 to report that she had no heating and hot water. The landlord again raised an emergency repair job to be completed within 12 hours but it did not attend until 19 December, 5 days outside its response timeframe. It restored her heating and hot water on 19 December 2022 but stated that further works would be required and it would need to order a specific part to complete the repairs.
  3. The resident contacted the landlord again on 13 January 2023, stating that she was still waiting for her emergency boiler repairs to be completed. She contacted the landlord again on 18 January 2023 stating that she had no heating or hot water. The landlord raised an emergency 12-hour repair job to complete repairs but did not attend until 20 January 2023, 2 days outside its timeframe for emergency repairs.  During this appointment it stated that that the boiler was classed as ‘immediately dangerous’ and it capped the meter. It stated further that the resident would require a new boiler.
  4. The 3 examples above evidence that the landlord consistently failed to respond to the resident’s reports, of not having heating and hot water, within its policy time frame of 24 hours for emergency repairs. In one instance it responded 29 days outside its policy timeframe. This was unreasonable and would have led the resident to feel that her reports were not being taken seriously thereby causing unnecessary distress and inconvenience.
  5. The landlord should have been much more proactive in resolving the issue particularly given the fact that the resident reported having no heating or hot water in winter when the temperatures would have been very cold. Also, the fact that she had previously complained about the negative effects the cold was having on her health and her increased electricity costs should have spurred the landlord to respond promptly to her repair request. It failed to consider the effects of the weather on her health or her associated costs incurred from using electric heaters.
  6. Furthermore, the landlord’s policy states that repairs should be completed ‘right first time’. The landlord stated that it serviced the boiler on 11 November 2022 and issued a boiler certificate confirming that it was in good working order. However, 5 weeks later, the resident was still having issues with heating and hot water and the landlord marked the boiler as ‘immediately dangerous’. This raises questions around if the repair was completed right the first time. It is reasonable to understand that the resident would have been frustrated by the situation and this would have caused further unnecessary distress and inconvenience.
  7. The landlord’s records indicated that it was aware the resident was without heating and hot water from 14 October 2022 until 11 November 2022, (29 days). The resident informed the landlord in her correspondence of 13 January 2023 that she had back problems which were getting worse due to the cold temperatures in the property.
  8. The landlord failed to consider how the prolonged absence of heating and hot water would affect any preexisting health conditions which were made worse by being exposed to cold temperatures. It also failed to consider whether temporary heating should be offered or whether it should consider alternative accommodation. At the very least it would have been reasonable for the landlord to have provided the resident with temporary heaters during this period. The landlord’s records also showed that there were at least 5 days in December 2022 when the resident was without heating and hot water. Again, it would have been appropriate for the landlord to have ensured it was proactive in creating solutions to the boiler issue by providing temporary heaters in a timely manner. 
  9. The landlord did not provide temporary heaters to the resident until 26 January 2023, this was almost 2 weeks from when she contacted it on 13 January 2023.  The landlord not providing temporary heaters in a timely manner was a failing and would have understandably caused further distress and inconvenience to the resident.
  10. The resident informed the landlord on 21 January 2023, that she would be moving into a ‘bed and breakfast accommodation’ and that she would send it the bill at the end of her stay.
  11. The landlord did not agree to the refund so it was not obliged to repay her costs. However, it would have been appropriate for the landlord to have informed the resident in a timely manner that it would not repay her costs. The landlord did not acknowledge or respond to the resident’s correspondence regarding paying the accommodation costs until 10 March 2023, this was a delay of 48 days.
  12. The resident may have felt she had no choice but to secure alternative accommodation considering the length of time the repairs were taking. Also, given the landlord’s repeated failure to acknowledge her calls or emails informing it that she had no heating during the coldest part of the year. This Service cannot say whether, being advised at an earlier point that the landlord would not refund her costs, the resident would have reconsidered moving into the bed and breakfast accommodation. However, the landlord’s failure to respond to the resident was a clear failure on its part for which it should apologise and pay the resident compensation.
  13. The landlord’s communication in this case was poor and below the standards of service the Ombudsman would expect. The landlord’s records showed that throughout the complaints process, the resident had to chase the landlord on multiple occasions for updates on her request. The records showed that the resident contacted the landlord requesting for updates regarding the installation of a new boiler over 7 times between 20 January 2023 and 7 February 2023. Sometimes contacting the landlord multiple times, a day and requesting call backs which were not returned.
  14. The resident stated in her email of 21 January 2023, that the landlord should have received reports of the broken boiler however, ‘as usual nobody had the decency to call her and let her know what was next’. The resident contacted the landlord 3 more times after then. It subsequently responded on 27 January 2023.
  15. This poor communication from the landlord meant that the resident was unduly involved in the repairs process, having to make numerous calls to the landlord’s heating contractors directly to try and resolve the issue with the boiler. This was unreasonable and would have caused further unnecessary distress and inconvenience during an already stressful time for the resident. This was a failing and not in line with this Service’s expectation regarding how landlords should communicate with residents.
  16. The landlord’s repair records did not contain clear information regarding the status of the resident’s boiler repairs. The resident had to explain to the landlord’s staff on more than one occasion that she was still waiting for ongoing boiler repairs to be completed. The Ombudsman expects landlords to maintain a robust record of contacts and repairs. This is because clear, accurate, and easily accessible records provide an audit trail and enhance landlords’ ability to identify and respond to problems when they arise. The landlord not keeping clear records was a failing and not in line with this Service’s expectation with regards to record keeping.
  17. The resident had heating/ hot water issues from 14 October 2022 and lasted until 7 February 2023 when the new boiler was installed. This amounted to a period of 117 days.
  18. This Service finds there was maladministration in the landlord’s handling of the resident’s reports of no heating and hot water for the following reasons:
    1. The landlord failed to respond within its policy timeframe for emergency repairs.
    2. Poor level of communication.
    3. Poor record keeping.
  19. Where there are failings by a landlord, as is the case here, this Service will consider whether the redress offered by it (including an apology and compensation) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, this Service considers whether the landlord’s offer of redress was in line with our dispute resolution principles to be fair, put things right and learn from outcomes.
  20. The landlord made some attempts to ‘put things right’ by apologising, arranging training for its staff on effective communication and better record keeping. It also provided compensation of £1,334 as highlighted above. Although these actions were reasonable it does not amount to sufficient redress for the following reasons:
    1. It did not demonstrate any learning from failing to respond within its repairs timeframe or show how it would ensure it responds within its time frame in subsequent cases.
    2. It failed to provide temporary heaters in a timely manner or offer any compensation towards the costs of electric heaters.
    3. It failed to respond to the resident’s correspondence in relation to reimbursing her ‘bed and breakfast’ accommodation costs in a timely manner.
    4. It did not offer any compensation with regards to its communication failures and record keeping failures.
    5. The offer of £100 for distress and inconvenience it offered was too low.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of reports of no heating and hot water in the property.

Orders

  1. Within 4 weeks of the date of this determination, the landlord is ordered to:
    1. Write to the resident to apologise for the service failures identified in this report. This should be written by a senior member of staff.
    2. Pay the resident total compensation of £1,984. This amount must be paid direct to the resident and not offset against her rent account. This £1,984 compensation is comprised as follows:
      1. £1,334 initially offered at the conclusion of its stage 2 complaints process, if this has not already been paid.
      2. £150 for record keeping failures.
      3. £200 for communication failures.
      4. £100 towards electricity costs.
      5. Additional £200 for distress and inconvenience.
  2. In accordance with paragraph 54(g) of the Scheme, the landlord must:
    1. Conduct a review detailing how it would monitor cases where there is ongoing heating/ hot water outage that lasts more than its 24 hours emergency time frame for completing repairs. This review should include the following:
      1. What steps it intends to take to ensure all emergency repairs are actioned within its policy timeframe.
      2. What actions it would consider in these instances such as providing temporary heating in a timely manner or offering alternative accommodation.
      3. What actions it would take to be proactive in responding to reports made in the winter months.
      4. How it would keep residents updated about their repairs.
    2. Following the review, the landlord should produce a report setting out the findings and the learning from the review
    3. The review should be conducted by a senior manager.
    4. This review must be completed within 8 weeks of the date of this report
  3. The landlord should provide this Service with evidence of compliance with these orders within the timescales set out above.