The Guinness Partnership Limited (202312412)

REPORT

COMPLAINT 202312412

The Guinness Partnership Limited

17 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

1. The complaint is about the landlord’s:
   1. handling of a leak and resulting damage.
   2. complaint handling.

Background

2. The resident is an assured tenant of the landlord of the property, which is a 3-bedroom house. The resident has told the landlord that she has a developmental condition. She also has 4 children, 2 of whom have developmental conditions.
3. The resident reported a water leak from her boiler to the landlord on 25 January 2023. The repair was completed on 1 February 2023. The landlord told the resident the repair took this long due to the wrong contractor being sent to the property and the need to order parts. The resident was previously advised by the contractors when they attended again to make the electrics safe on 28 January 2023 to not use the boiler until the repair was completed, as it would leak. Due to the cold and her young children, she used the boiler, which resulted in the leak’s damage and damp to the floor and kitchen skirting. The landlord offered to replace the floor with vinyl as per its policy. However, the resident wanted a like for like replacement. The resident was advised to claim for this on her home contents insurance.
4. The resident made a formal complaint to the landlord on 17 May 2023. She said that:
   1. the damage caused to the condenser pipe of her boiler resulting in the leak was caused by the landlord’s contractor’s previous visit.
   2. she could not stop using the boiler due to her personal circumstances and no temporary heaters were offered.
   3. the leak led to damage and damp of the flooring, which she installed herself.
   4. the matter took a long time to resolve.
   5. she wanted like for like replacement of the flooring or to be refunded for the costs.
5. The landlord issued its stage 1 complaint response on 29 June 2023. It said:
   1. the damage to the boiler was caused by its contactor on 10 October 2022. There was then a short delay in the 25 January 2023 leak repair due to the wrong contractor being sent to the property and the need to order parts.
   2. it accepted a service failure and offered £175 compensation, made up of £100 for the time, trouble, and inconvenience caused by the damage to the boiler and £75 for the delay in responding to the complaint.
   3. as the leak damaged the floor, it could replace the floor in line with its policy. It offered to install vinyl hard flooring, however it could not refund the cost of the ceramic tiles the resident bought. The landlord did not accept wrongdoing in relation to this.
6. The resident was unhappy with the landlord’s complaint response and requested the escalation of her complaint on 5 July 2023. The resident was unhappy with the compensation offered, as it was not enough to pay for new flooring. The resident asked why she could not claim on the landlord’s liability insurance for the damage, but she was told it could not advise her about this as it was outside the scope of its complaints team.
7. The landlord issued its stage 2 response on 1 September 2023. It said:
   1. the stage 1 response and earlier advice provided was suitable. The floor damage could only be replaced with non-slip vinyl flooring for health and safety reasons and as per its policy.
   2. the resident was advised not to use heating until the leak repair was completed, and temporary heaters were offered to her by its contractor. The advice was not followed and therefore the landlord said it was not responsible for the resulting leak.
   3. all residents were advised to take out home contents insurance from the start of their occupation to cover accidental damage.
   4. the gesture of goodwill compensation offered at stage 1 was not for the cost of replacing the flooring but was an apology for the service failure and the complaint remained partially upheld.
   5. it was sorry for the delay in issuing the complaint response. It offered the resident increased total compensation of £250 made up of: £100 offered at stage 1 for the time, trouble, and inconvenience caused by the damage to the boiler, £75 for the delay in responding to the stage 1 complaint, and £75 for the delay in responding at stage 2.
8. The resident was not satisfied with the landlord’s response. She referred her complaint to the Ombudsman. She explained that the compensation offered was not enough to cover the damage resulting from the leak. The resident added that her skirting board and furniture were damaged, which she could not claim under her contents insurance because the cost of this would go up and her claim was declined as she had claimed for leaks before. She also told us this caused her family stress, splinters from the floor damage, and damp living conditions.  

Assessment and findings

Landlord’s obligations, policies, and procedures

9. The landlord is responsible for repairs to the structure and exterior of the property, under section 11 of the Landlord and Tenant Act 1985. This would include repairs to leaks, damage caused to walls, floors, and skirting boards, including damp and mould. In line with this obligation, the landlord was required to investigate the resident’s reports of a leak in the property and to put right any issues it identified which were its responsibility. However, landlords are not generally responsible for repairs to or replacement of floor coverings, such as carpet or laminate.
10. The landlord’s responsive repairs policy sets out that emergency repairs are defined as posing an immediate health and safety risk. The landlord will complete a repair or carry out a temporary repair to make the situation safe within 24 hours of the repair being reported and complete the repair within a reasonable time. The policy states that emergency repairs include “no heating or hot water during the winter” and “a flood or leak that cannot be contained or causes a risk of electric shock”. If an emergency repair is not needed, the landlord aims to get it fixed as a routine repair within 28 calendar days, and sooner if possible.
11. In relation to water leaks, the compensation policy states that the landlord will pay for loss or damage to personal possessions if it was at fault. However, if the leak comes from inside the resident’s home, from another property, or from another part of the building, the landlord will not pay compensation unless it has done something or failed to do something that caused the leak. The policy also states that residents are expected to have their own household insurance to cover this type of loss or damage. If compensation is offered, the landlord may consider mitigating factors such as misuse or damage to the property and whether the loss or damage was kept to a minimum.
12. The landlord operates a 2-stage complaints process. Its complaints policy says it will acknowledge complaints within 2 working days. It will respond to stage 1 complaints within 10 working days. If this is not possible and more time is needed for a good reason, it will provide an update to the resident explaining why but not exceed a further 10 working days. If the resident is still unhappy, the complaint can be escalated to stage 2 within 15 working days. Stage 2 complaints will be responded to within 20 working days. If this is not possible and more time is needed for a good reason, it will provide an update to the resident explaining why but not exceed a further 10 working days. An independent person will review the complaint and the resident will be given an opportunity to comment before the final decision is made. This is in line with the Housing Ombudsman’s Complaint Handling Code.

Handling of a leak and resulting damage

13. When the resident reported the water leak at the property on 25 January 2023, the landlord treated this as an emergency repair. This was reasonable considering the nature of the issue and that the leak was coming from the boiler. This is because the landlord’s responsive repairs policy defines an emergency repair as including no heating or hot water during the winter and a flood or leak that cannot be contained. An electrician attended this at the time and advised a leaking overflow pipe needed to be repaired, as this was a threat to the electrics, so a plumber was sent the following day and within 24 hours in line with the policy. This was appropriate considering the urgent nature of the issue and showed that the landlord took the matter seriously.
14. However, a gas contractor was needed to repair the boiler instead of a plumber, and so this caused a delay of 1 day for them to attend. When the gas contractor attended on 28 January 2023, the repair could not be completed as parts needed to be ordered. The repair then took 5 working days to complete in total on 1 February 2023, and the resident was advised not to use the boiler before then.
15. Where a repair cannot be completed, under its responsive repairs policy the landlord must complete a temporary repair to make the situation safe and then complete the repair within a reasonable time. The resident explained that no temporary measures for this such as fan heaters were offered, which the landlord disputed, but there is no evidence provided by the landlord confirming these were offered. Adequate temporary measures to supply heating must be provided by the landlord when this is unavailable in winter, and a record must be made by it to confirm this, so it was failing that it did not record doing so.
16. We expect landlords to maintain a robust record of contact 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 failed to maintain adequate records in relation to whether temporary measures were offered during the repair and the resident complained about this. This has affected our ability to conduct a thorough investigation and resulted in incomplete information being provided to the Service following a request for the landlord to respond to us with information about the resident’s complaint.
17. Furthermore, in relation to the delay, it was not reasonable to expect the resident to not have had a functioning boiler in the winter months for 5 working days without access to alternative facilities. The landlord could have done more to speed up the repair, such as by initially sending a gas contractor with immediate access to parts instead of a plumber. It could also have provided the resident with adequate temporary measures, such as fan heaters, access to hot water at another property, or a decant, as not having a boiler, heating, or hot water in winter caused inconvenience to the family with vulnerabilities and 4 children. The landlord accepted this as a service failure in its stage 1 complaint resident and offered £100 compensation for time, trouble, and inconvenience caused by the damaged boiler, which it accepted had been caused by its electrician on 10 October 2022.
18. The landlord has told the Service that, due to the resident’s circumstances of having young children in winter, she used the boiler before the repair was completed despite the advice given. The resident has told the Service, however, that she did not use the boiler. On 31 January 2023, the resident reported water leaking into a sparking plug socket in the kitchen. The repair was completed the following day but the leak resulted in damage to the resident’s own flooring in the dining area, which the resident chased the landlord to inspect and repair on 16 February 2023. It authorised a replacement floor on 24 February 2023 and sent a contractor on 7 March 2023 and its staff on 24 March 2023 to assess the damage.
19. The landlord offered to replace the kitchen floor only with non-slip vinyl hard flooring for health and safety reasons, as per its policy to do so. However, the resident wanted a like for like replacement. The resident was therefore advised by the landlord to make a claim for this on her contents insurance. The resident further reported concerns of dented doors and tiling broken by an electrician and mould on the kitchen walls due to the leak and damp smell.
20. The resident has told the Service that she chased for updates and the landlord failed to show urgency to start and complete all the repairs she needed. The resident also told the Service of the effect of this on her family, particularly due to their circumstances with young children and vulnerabilities.
21. The landlord offered to replace the floor with vinyl as per its policy and due to health and safety reasons. It would not be appropriate for the landlord to consider applying an exception to its policy where there is a health and safety reason and no expert evidence has been provided to dispute this.
22. The landlord acknowledged that the initial leak was because of an earlier electrician’s visit and not the resident’s actions. However, it said the subsequent damage to the property occurred due to the leak caused by her not following advice to not use the boiler and having an appropriate temporary repair, although she disputes this. The resident also explained her skirting board and furniture were damaged, but she could not claim for these items or her flooring under her contents insurance. She said this was because the cost of this would go up and her claim was declined as she had claimed for leaks before. It would therefore be desirable for the resident to be able to claim for her damages through the landlord’s liability insurance. However, its complaints team told her this was outside their scope.
23. The landlord should have, if was unable to consider an exception to its policies for her damages, offered the resident details so that she could make a claim through its own liability insurance. Taking a rigid approach to the application of policies can lead to unfair outcomes for residents. Not considering exceptional circumstances can also restrict the landlord’s discretion. If the landlord believed there were no reasons to make an exception to its policy, it should have stated this and explained its reasons, as well as allowed the resident to claim on its liability insurance. Therefore, there was maladministration in the landlord’s response to a leak and resulting damage to the resident’s possessions.
24. This is because the landlord delayed restoring the vulnerable resident’s and her young children’s boiler, heating, and hot water in winter or show it offered them alternative heating or hot water at the time. It also did not offer her its liability insurance details or another remedy for her damages other than vinyl flooring. The landlord did acknowledge the resident’s time, trouble, and inconvenience by offering her £100 compensation for this. However, this was not proportionate to recognise all of its above failings in line with its compensation policy or our remedies guidance. These instead recommend, respectively, awards of up to £250 and over £100 to recognise inconvenience having some effect on the resident and her household from failures that adversely affected her.
25. The landlord has therefore been ordered to apologise to the resident for the further failings identified by this investigation, pay her the £100 compensation it previously offered her if she has not received this already, and pay her £150 additional compensation in line with its policy and our guidance. It has also been ordered to give the resident details to allow her to make a claim to its liability insurance for her damaged items. The landlord has been recommended to review its processes and practices for providing adequate support for residents experiencing a loss of facilities based on their specific circumstances, and for keeping full and accurate records of this at the time.

Complaint handling

26. The resident made a formal complaint to the landlord on 17 May 2023. Therefore, under its complaints policy the landlord should have provided its stage 1 response within 10 working days, and so no later than 1 June 2023. The response was issued on 29 June 2023, which was 30 working days after the resident made a complaint. The landlord offered £75 compensation for the delay in providing a response.
27. The resident was unhappy with the landlord’s complaint response, specifically the amount of compensation offered and requested the escalation of her complaint on 5 July 2023. The resident asked why she could not claim on the landlord’s insurance for the damage. The resident was advised by the landlord that, as the query was outside of the complaints team’s scope, they were unable to assist. The landlord should have instead supported the resident and provided her with relevant and meaningful information about this. Furthermore, this element of the complaint should have been addressed in its stage 2 response but it was not, which was inappropriate.
28. On 6 July 2022, the Service instructed the landlord to provide the resident with its stage 1 response no later than 3 August 2022, which should not have been necessary. The following day, the landlord informed us that the stage 1 complaint was acknowledged yesterday and would be responded to within 10 working days. The landlord incorrectly informed the Service that the resident has not complained to it previously. However, the formal complaint was made on 17 May 2023 and the stage 1 response sent on 29 June 2023.
29. The landlord issued its stage 2 response on 1 September 2023, 22 working days after the response was due, under its complaints policy’s 20-working-day stage 2 response timescale, and 42 working days after the escalated complaint was made. The landlord apologised for the further delay in responding at stage 2, and so it offered a further £75 compensation for this.
30. The resident was not satisfied with the landlord’s response. However, its apologies and the £150 total compensation it awarded for its above complaint handling failings were proportionate to put things right. This is because this was in line with our remedies guidance’s recommendation of compensation from £50 to recognise such delays in getting matters resolved. This was also in the range of compensation recommended by the landlord’s compensation policy for such inconvenience having some effect on the resident. Therefore, the landlord made reasonable redress to the resident for its complaint handling failings. It has been recommended to pay her the £150 compensation it previously offered her for this if she has not received it already, as well as to review its complaint handling staff’s training needs to make sure the delays, errors, and omissions in the resident’s case do not happen again.

Determination

31. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s handling of a leak and resulting damage.
32. In accordance with paragraph 53.b. of the Scheme, the landlord has offered redress to the resident prior to investigation which, in the Ombudsman’s opinion, resolves the complaint about its handling of the associated complaint satisfactorily.

Orders and recommendations

Orders

33. Within 4 weeks, the landlord is ordered to:
    1. provide a written apology to the resident for the further failures identified in this report.
    2. pay compensation directly to the resident of a total of £250 broken down as:
       1. £100 previously offered by it for the time, trouble, and inconvenience caused to her family if this has not been received already.
       2. £150 further compensation for the additional failures identified by this report.
    3. give the resident details to allow her to make a claim to its liability insurance for her damaged items.
34. The landlord should contact the Service within 4 weeks to confirm it has complied with the above orders and whether it will follow the below recommendations.

Recommendations

35. The Ombudsman recommends that the landlord:
    1. review its processes and practices for providing adequate support for residents experiencing a loss of facilities based on their specific circumstances, and for keeping full and accurate records of this at the time.
    2. pay the resident the £150 compensation it previously offered her for its complaint handling failures if she has not received this already.
    3. review its complaint handling staff’s training needs to make sure the delays, errors, and omissions in the resident’s case do not happen again.