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London Borough of Hammersmith and Fulham (202421435)

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REPORT

COMPLAINT 202421435

Hammersmith and Fulham Council

28 May 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 response to the resident’s request for it to replace the windows and her concerns about heat loss.

Background

  1. The resident is a secure tenant of the landlord who is a local authority. She has lived at the property since August 2015. The property is a 3-bedroom flat on the basement and ground floors of a converted house with a neighbour above. She shares the property with her husband, who is on the tenancy, and children. The landlord has reported no record of any household vulnerabilities. The resident has reported that 2 family members, including 1 of her children, have autism.
  2. We have seen evidence to confirm that the resident pursued concerns about the temperature of the property in winter months and requested more energy efficient windows at least as early as August 2023. The landlord advised on 31 August 2023 (within a stage 1 complaint response) that the windows were in a good condition and did not need to be replaced. We have seen limited evidence for the period between August 2023 and July 2024.
  3. An operative attended the property on 11 July 2024 following reports that the windows were in a poor condition, let in draughts, and were rotten. They reported measuring the windows and explaining that this did not mean the landlord would replace them. The landlord completed some work to the upstairs neighbours’ windows prior to this and then installed scaffolding on the building in August 2024. The resident has said the neighbour told her that it intended to replace the windows.
  4. The resident raised a complaint with the landlord on 13 August 2024 which exhausted its complaints process on 14 October 2024. In summary:
    1. She initially raised concern that the landlord installed scaffolding around the building to replace the neighbours’ windows, but it did not intend to replace hers, which she felt were in a worse condition. She asked that it consider the condition of her windows and include these in the window replacement programme. In her communication with the landlord, she added that it told her it would replace the windows in 2020, but this did not happen due to COVID-19, and she believed it had a legal requirement to upgrade the windows.
    2. She later added that she did not agree that the windows were in a good condition as she experienced significant heat loss which caused increased energy costs. She explained that the cold temperatures also impacted her family’s health and children with disabilities. She asked the landlord to pay compensation for the heat loss they had endured due to the inadequate condition of the windows. She asked it to replace the windows with more efficient windows to prevent further heat loss.
  5. In its responses to the complaint on 29 August and 14 October 2024, the landlord said:
    1. It could not disclose information about the repairs to the upstairs flat. A surveyor found that the windows in her property were in a good condition on 5 April 2023, and it could repair these at the time. It assessed the windows on 11 July 2024, but she agreed it would be best for another surveyor to check all windows. They visited on 20 August 2024 and said they were still in a very good condition and did not need replacing. Aside from a repair to fill and smooth a small crack between the frame and stone, which did not impact the overall integrity of the window, there were no other repair issues.
    2. It recognised that single glazed windows were naturally colder than modern UPVC double glazing, but the windows currently functioned as expected. It explained that installing more efficient double glazing was not a repair. Its assets team had said that they projected the single sash windows to last until 2029, and she could expect a replacement then. It relied on the opinions of its surveyors or assets team when deciding and added that its contractors should not be recommending replacements to residents.
    3. It apologised that this was not her expected outcome. It understood the inconvenience and discomfort that the heat loss might be causing and apologised for the impact this had. It was unable to provide compensation as requested as it did not find that the windows were defective.
    4. It learnt from the complaint and said it needed to ensure clarity on the condition of property features such as windows, and highlight any differences between single-glazed and double-glazed systems to manage resident expectations around heat loss.
  6. The landlord has explained that following the complaint, it completed a heat loss survey in October 2024 and, to combat the heating issues, replaced 5 radiators in January 2025.
  7. The resident referred her complaint to us as she remained dissatisfied that the landlord would not replace the windows with double-glazed windows. In February 2025, she said they caused significant heat loss which impacted her family’s health, causing her children to have headaches and disturbed sleep. Increased energy bills also caused a financial strain. She sought compensation for her increased energy costs and the impact on her family, and for the landlord to replace the windows.

Assessment and findings

Scope of investigation

  1. The resident said that the cold temperatures have impacted her and her family’s health. We do not doubt her comments but it is beyond our remit to draw conclusions on the causation of, or liability for, impacts on health and wellbeing, or award damages. This is more appropriately investigated through the courts or as a personal injury claim. We have nevertheless considered the general distress and inconvenience which the situation may have caused.
  2. The resident feels that the landlord’s decision not to replace her windows was discriminatory, as it had agreed to replace her neighbours’ windows. Discrimination is a legal term that is ultimately decided by the courts. It is beyond our remit to determine whether it was discriminatory. However, we will consider whether its decision was fair and reasonable in the circumstances.
  3. The resident said that the issues related to heat loss within the property have been ongoing for 8 years. While we do not doubt her comments, we expect landlords to consider events that occurred in the 12 months prior to a complaint, and residents to refer their complaint to us within 12 months of a landlord’s stage 2 complaint response where they remain dissatisfied.
  4. The resident referred a previous stage 1 complaint response of 31 August 2023 to us in October 2023; however, the complaint had not exhausted the landlord’s internal complaints process at the time, and we gave advice on escalating the complaint in October and November 2023. It is unclear as to whether the resident escalated that complaint or whether the landlord provided a stage 2 complaint response between November 2023 and her new complaint in August 2024. As such, we have considered the context of the previous complaint in this investigation but have focused on the landlord’s response to the more recent events and, specifically, to the formal complaint between August and October 2024.

Policies and procedures

  1. The tenancy agreement confirms that the landlord is responsible for repairing and maintaining the structure and exterior of the property, including windows. Its repairs handbook shows that it completes routine repairs within 20 working days. It also carries out replacement and improvement programmes over a given financial year. When planning these, it considers how long it expects key components, such as windows, to last before it needs to replace them, using the expected lifecycle as a guide. In line with the Decent Homes Standard, the expected lifecycle of windows is between 30 to 40 years.
  2. Criterion D of the Decent Homes Standard sets out that landlords should ensure that a property provides a “reasonable degree of thermal comfort”. The Housing Health and Safety Rating System (the HHSRS) confirms that the landlord has a responsibility to keep properties free from category one hazards, including excess cold. Guidance for the HHSRS sets out that a healthy indoor temperature is approximately 21°C and that temperatures below 16°C may pose serious health risks.

The landlord’s response to the resident’s request for it to replace the windows and her concerns about heat loss

  1. There remains a dispute between the resident and the landlord regarding the condition of the single glazed windows and whether these required replacing. It is not our role to assess the windows or determine whether the landlord should replace these, but to decide on whether the landlord’s investigations into the matter, and responses, were reasonable.
  2. The resident asked the landlord to consider replacing her windows due to their condition within her complaint on 13 August 2024. It is reasonable for landlords to replace components, such as windows, as part of a planned programme over a given financial year rather than on an ad-hoc basis, considering available funding and the condition of its housing stock. It is not expected to replace items outside of these programmes unless they are beyond economical repair or pose a significant safety risk.
  3. The landlord would not be obliged to replace the resident’s windows at her request. It acted reasonably in response to the complaint by surveying the windows on 20 August 2024 and confirming that they were not in a condition that warranted replacement, with just one small repair needed to a window to resolve a crack between the frame and stone. The landlord would be entitled to rely on the opinion of its qualified staff and contractors, who deemed that the windows were not yet in a condition that warranted a full replacement before a planned programme date, which it projected for 2029.
  4. We understand that the resident’s complaint on 13 August 2024 was prompted by work the landlord was undertaking to the neighbouring upstairs property. She asked it to include her property as part of the same window replacement programme and remains concerned about the disparity in its actions.
  5. The landlord acted reasonably, and in line with data protection regulations, by explaining that it could not discuss the repairs for the neighbour’s property with the resident. We appreciate her concerns about the disparity in its approach to the two properties within the building. However, we investigate individual complaints, and it is not within the remit of this investigation to consider works completed to a different resident’s property.
  6. However, we are aware that the work to the neighbouring property did not form part of a planned window replacement programme. As such, the landlord did not unfairly exclude the resident from any planned programme it was completing in the area. In addition, it acted fairly by surveying the resident’s windows to determine whether it needed to replace them but ultimately found that only a small repair was needed. Based on the available evidence, we are satisfied that the circumstances regarding the work to the resident’s and the neighbour’s properties were different.
  7. In her escalation request, the resident raised specific concern about the heat loss from the property because of the single glazed windows, and the impact of the cold temperatures on her family’s health, and energy costs in winter months. She asked it to provide compensation for the heat loss she had endured over 8 years.
  8. Social rented homes currently have no formal minimum energy efficiency requirements. However, many social landlords are working to get all properties to minimum Energy Performance Certificate (EPC) band C by 2030, prompted by Government consultation. The landlord is not currently obliged to carry out work to improve energy efficiency but should consider this as part of any planned programmes of work. The landlord acted reasonably by explaining that making the windows more energy efficient was not a repair, as this would be an improvement to the current property.
  9. The resident is responsible for paying her energy costs, and the landlord is not expected to consider reimbursing or contributing towards these unless the usage increased as the result of disrepair, rather than due to an increase in cost per unit, or a lack of energy efficiency. There is no clear evidence to show her reported increased costs were the result of any repair issues within the property for which the landlord was responsible. The landlord’s decision not to offer compensation as requested was reasonable in the circumstances.
  10. However, it is best practice for landlords to offer advice on energy efficiency, or support, when a resident first reports issues regarding energy costs, alongside carrying out investigative works if required. The landlord did not provide any advice on ways to improve energy efficiency, or information about who she could contact if she was struggling to pay her energy costs. This would have been appropriate to help assist in resolving her concerns, especially given that it said it did not intend to consider replacing the windows until 2029.
  11. In addition, when a resident reports that their property is extremely cold, the landlord should generally consider completing a heat loss assessment to ensure it meets its obligations in line with the Decent Homes Standard and HHSRS. We note that at the time of the resident’s complaint in August 2024, the landlord may not have been able to fully investigate her concerns due to the warmer temperatures. However, it could have done more at the time of its stage 2 complaint response in October 2024, at the start of the winter months, to explain what it could do to investigate her concerns about the temperature in the property, particularly given that it did not expect to replace the windows until 2029.
  12. While the landlord has said that it completed a heat loss assessment and replaced 5 radiators in January 2025, which may have been reasonable to mitigate her concerns, we have not seen a copy of the assessment report. It is unclear how it satisfied itself that it was meeting its obligations to ensure the property provided a reasonable degree of thermal comfort. We have recommended that the landlord commits to completing a further heat loss assessment and inspection of the property in October 2025. It should consider whether there are any other contributing factors to the heat loss, and satisfy itself that it is reasonable for the resident to wait until 2029 for the window replacement programme.
  13. Within her communication to the landlord, the resident also referenced that the landlord was due to replace the windows in 2020, but this did not happen due to the impact of COVID-19. It did not address this within its response to her, and it remains unclear as to whether this was the case. We have recommended that the landlord investigates this, confirms the reason it was unable to complete the work at the time where relevant, and considers bringing the replacement forward if it finds that the was a COVID-19 related delay.
  14. Separately, within the landlord’s information submissions to us in March 2025, it said that it had no known vulnerabilities recorded for the household. This is of concern given that the resident had reported that her child has a disability. The lack of appropriate record indicates that the landlord may not adequately consider this when delivering its repairs service to the property. We have ordered the landlord to contact the resident to gain an up to date understanding of any household vulnerabilities and update its records accordingly.
  15. We have found service failure in the landlord’s response to the resident’s request that it replace her windows and her concerns about the temperature of the property. It took reasonable steps to inspect the windows and found they did not need to be replaced or significantly repaired. However, it did not suitably address her concerns about the impact of the heat loss in winter months, or explain what it could do to investigate her concerns at the time of the complaint. It also failed to signpost the resident to support and advice when it was aware of her concerns about the energy efficiency of the property and energy costs. We have made several orders and recommendations for the landlord to act on below.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its response to the resident’s request for it to replace the windows and her concerns about heat loss.

Orders

  1. Within 4 weeks, the landlord is to:
    1. Write to the resident to apologise for the failings identified, and provide details of how she can seek support and advice regarding energy efficiency and energy costs should she wish to do so.
    2. Pay the resident £150 compensation in recognition of the inconvenience caused by its failure to fully address her concerns about heat loss.
    3. Contact the resident to gain an up to date understanding of any household vulnerabilities and update its records accordingly.
  2. The landlord is to provide evidence of compliance within 4 weeks.

Recommendations

  1. We recommend that the landlord:
    1. Writes to the resident and commits to completing a further heat loss assessment and inspection of the property in October 2025 to consider whether there are any other contributing factors to the heat loss, and to satisfy itself that it is reasonable for the resident to wait until 2029 for the window replacement programme in the circumstances.
    2. Considers whether it was due to complete the window replacement in 2020 as the resident says, confirms the reason it was unable to complete the work at the time if so, and considers bringing the replacement forward if it finds that it should have completed the works then.
  2. The landlord is to confirm its intentions in relation to the recommendations in writing to both us and the resident within 4 weeks.