Southern Housing (202331229)

REPORT

COMPLAINT 202331229

Southern Housing

14 April 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 response to the resident’s reports of:
1. Repairs subject to court proceedings in 2023.
2. Leaking gas pipes under the floor of the cloakroom.

Background

The resident has an assured tenancy with the landlord and has lived in the 2-bedroomed house since 1990.
The records indicate the resident has raised historical repair issues with the property since 2018. These were settled through a court hearing in September 2023 and included damp issues, issues with the boiler, defective pipework, smells of sewage, and a hole in the meter cupboard floor.
On 17 August 2023 the landlord responded to a report of a gas leak; however, it could not gain access. The landlord capped the gas supply to ensure the property and resident were safe. An engineer attended on 22 August 2023 to trace and repair the reported gas leak but stated that the resident declined access and said she was going to court due to the property condition.
The landlord reinstated the gas supply on 8 September 2023. It checked all appliances to ensure they were safe, but the resident reiterated her position that the property was unsafe, and she needed to be moved.
The resident raised her complaint with us on 5 December 2023. On 25 January 2024 we asked the landlord to investigate the complaint and respond to the resident. The complaint was about:
1. Leaking gas pipes under the floor of the cloakroom.
2. The gas supply being turned off by the gas company 6 to 8 weeks previously.
3. Outstanding repairs that had been agreed but not started.
The landlord provided its stage 1 complaint response on 14 February 2024. In summary, it said:
1. Its records showed the resident had reported various gas smells going back 10 years, but over that period it had investigated these, raised works, and advised the resident on what action was required.
2. The resident reported a smell of gas “a few years ago” but on attendance, the resident had gone shopping, then said she needed to take the dog for a walk, and when access was gained, there were no traces of gas smells.
3. It reinstated the gas supply and restored the boiler and hob in September 2023 when all appliances were tested and left in safe working order.
4. A disrepair claim had been settled and all the repairs raised in the claim had been completed.
5. The resident raised further concerns about a gas leak in October 2023. The landlord told her to report it to the gas company so the gas could be isolated, and it could then complete any necessary repairs.
6. It contacted the resident in December 2023 to ask if the gas company had attended to the reported gas leak, but the resident said she was in A&E and the property was not safe to live in.
7. The resident had raised further concern about gas in February 2024 along with issues relating to the windows and shower, but a contractor had not been able to contact the resident and had left messages.
8. It had contacted the resident about housing options and mutual exchanges had been arranged but were cancelled by the resident. It advised that if she still wished to move, she should contact the landlord for further discussions.
We escalated the complaint on behalf of the resident on 22 August 2024. She remained unhappy with the landlord’s response to the leaking gas pipes and outstanding repairs throughout the property.
The landlord provided its final complaint response on 24 September 2024. It noted its stage 1 complaint had investigated the concerns about the leaking gas pipes and confirmed it had contacted the resident to resolve the issues. It then confirmed the findings from the stage 1 complaint response.
The resident contacted us on 25 November 2024 to confirm she wanted us to investigate her complaint. She confirmed the complaint related to the leaking gas pipes and outstanding repairs, but also referred to issues with windows, plumbing, the gas supply, cracks in the ground, subsidence, and the smell from exhaust fumes. As a resolution, the resident asked for:
1. A move to alternative accommodation.
2. Compensation.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to this Service, the Ombudsman must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.
Paragraph 41(c) of the Scheme states “the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given.”
We have received evidence of a disrepair claim that was settled in September 2023, which addressed several issues raised by the resident in her complaint to us. These included the following:
1. Damp, mould and defective plaster throughout the property.
2. Defective flooring to the bathroom.
3. Defective boiler.
4. Defective pipework and sewage, causing water ingress and foul odours.
5. Hole to floor of bin / meter cupboard since repairs in 2018.
6. Constant smells of sewage at the property due to a pipe running through the garden.
After carefully considering all the evidence, in accordance with paragraph 41(c) of the Scheme, the complaint about the repairs which were subject to court proceedings in 2023 is outside of the Ombudsman’s jurisdiction.

Assessment and findings

Scope of investigation

The resident has referred to the impact the situation has had on her health. Although we can consider the impact the situation has had on the resident and whether the landlord acted reasonably, we cannot determine liability for damage to health. These are matters better suited to an insurance claim or court. If the resident wishes to pursue these matters further, she should seek legal advice.
We can only assess the issues that were included in the landlord’s complaint responses. The resident has referred to several repair issues (noted below) that were not raised as part of the original complaint. Therefore, these will not be assessed in this report:
1. The condition of the windows.
2. The shower and plumbing issues in the bathroom.
3. Extreme cold temperatures.
4. Exhaust fumes.
5. Subsidence and cracking in the property.
If the resident is continuing to experience problems with the issues above, and if not already done so, she should contact the landlord to raise a new complaint.
Additionally, as a resolution to the complaint, the resident has asked the landlord to provide alternative accommodation. This is not something we are able to order because this would be subject to assessed bedroom requirements for the household, the availability of properties, and the priority of other applicants. We note that the landlord has provided the resident with relevant information about her options for relocation.

Leaking gas pipes under the floor of the cloakroom

The landlord’s repairs policy states:
1. It will maintain any installation provided for supplying gas, electricity, heating, and hot water which includes central heating systems and gas pipes.
2. A gas leak within a property is deemed to be an emergency. Therefore, it will attend to make safe within 6 hours of the report being made.
The resident reported a suspected gas leak in her home. Although the landlord attended on 17 August 2023, due to inadequate records, it is not clear when the resident reported it. We are therefore not able to assess if the landlord responded in line with its policy. The landlord should keep accurate records to provide an audit trail of its actions. Its poor records in this case are a failing.
The landlord did not gain access on 17 August 2023 and arranged for the gas to be capped at the meter. The landlord’s records confirm the meter was capped on 21 August 2023. Although this was appropriate to ensure the safety of the resident and the property, there is no evidence of the landlord communicating its actions to the resident. This would have left her unclear about how the issue would be resolved. This was unreasonable.
On the same date, the resident asked for the gas to be uncapped. A contractor attended the following day but reported that the resident declined access stating she was going to court regarding the property condition. The contractor’s notes stated the resident said she did not want the gas turned back on until improvements had been made to the house, or she was moved to another property. The contractor left the meter capped as per the resident’s request.
While the resident had bathing facilities via an electric shower, the landlord was aware she did not have cooking or washing facilities. It also still had a repair responsibility to ensure the installations were in working order. It should have therefore communicated the implications of not allowing access and highlighted the enforcement action that it could take to gain access. There is no evidence it did this. This was unreasonable and a failing of the landlord to ensure the resident had access to basic needs.
The resident disputed she had declined access and said the engineer had attended and serviced the boiler. The landlord’s internal notes state it was receiving contradicting information from the resident and contractor who said it was unable to service the boiler as the gas was capped. We have received a copy of a gas safety record dated 21 August 2023 which confirmed the meter was capped. Further, the contractor confirmed on 23 August 2023 that the full annual gas service had not been completed. Based on the evidence available to it, it was reasonable for the landlord to have reached the position that the gas issues had not been addressed during the visit.
On 30 August 2023 the landlord noted that the resident had asked for the gas to be uncapped. Its notes state it checked with the gas company who confirmed it had attended a “few times” for the smell of gas, most recently on 7 August 2023, but there had been no trace of a gas leak. It suggested the smell could be coming from the local fast-food restaurant. While the actions of the landlord were appropriate, due to a lack of records, it is not clear when the resident made this further request for the gas to be uncapped, or when the landlord contacted the gas company. It is therefore unclear why it took until 8 September 2023 for the gas to be reinstated, during which time, the resident was left without cooking or heating. This was unreasonable.
When the boiler was restored, the landlord tested all appliances and found them to be in safe working order. The landlord’s notes state it could not see any signs of a gas leak or the property being unsafe. It is, however, evident from the resident’s contact that she remained concerned. It was therefore unreasonable for the landlord not to communicate its findings or provide reassurance to the resident that there were no leaks detected, and that the property was safe.
In the resident’s complaint on 5 December 2023, she said there were “bundles of fractured leaking gas pipes” built into the ground floor under the cloakroom. She said the gas company had shut off the gas supply 6 to 8 weeks ago and despite multiple reports of gas smells, she was always told there was no leak.
The landlord’s complaint response dated 14 February 2024 demonstrated it had thoroughly investigated the issues raised as it confirmed reports of gas smells had been reported going back 10 years. Considering the resident’s concerns, this was appropriate of the landlord as it showed it had taken the matter seriously. It confirmed the reasoning behind the gas cap and the date it was reinstated, plus it confirmed the advice given following a further suspected gas leak in October 2023.
While the landlord’s response was reasonable, its reference to the gas issues were general and not specific to the gas pipes in the cupboard, as mentioned by the resident. It would have been helpful and clearer to the resident if it had been more specific in relation to its investigations and findings. This was a shortcoming of the landlord’s response.
In terms of the resident’s request to be rehoused, the landlord confirmed it had liaised with the resident about the options available and while mutual exchanges had been arranged, these had been cancelled by the resident. The landlord’s offer to support the resident with re-housing remained open as part of its complaint response at both stages of the process. We find the landlord’s actions and offer of support reasonable.
In summary, while we cannot conclude its initial attendance was in line with its emergency repair timeframe, the subsequent actions and findings of the landlord were reasonable and in line with its obligations. However, there were instances where its communication with the resident could have been clearer in terms of the consequences of not allowing access and the impact on cooking facilities and also in terms of providing assurance that the property was safe.
Given the distress and inconvenience these failures caused the resident, a finding of service failure has been made. As such, in line with our remedies guidance, an order for £100 compensation has been made to address the impact this caused the resident.

Determination

As noted above, in accordance with paragraph 41(c) of the Scheme, the complaint about the repairs which were subject to court proceedings in 2023 is outside of the Ombudsman’s jurisdiction.
In accordance with paragraph 52 of the Scheme, the Ombudsman finds service failure in relation to the landlord’s response to the resident’s reports of leaking gas pipes under the floor of the cloakroom.

Orders

Within 4 weeks of the date of this report, the landlord should:
1. Write a letter of apology to the resident.
2. Pay the resident £100 for the distress and inconvenience caused by the landlord’s lack of communication.
  1. This payment should be made directly to the resident and not offset against any debt that may be owed.
3. Provide us with the evidence to confirm the orders have been completed within the timeframe given.

Recommendations

It is clear the resident remains concerned about the smell of gas. The landlord should arrange a further inspection to ensure there have been no recent changes that it needs to address. It should communicate its findings to the resident and if any repairs are required, these should be made in agreement with the resident.