London Borough of Islington (202334423)

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Decision

Case ID

202334423

Decision type

Investigation

Landlord

London Borough of Islington

Landlord type

Local Authority / ALMO or TMO

Occupancy

Secure Tenancy

Date

27 November 2025

Background

  1. The resident lives in a ground-floor flat. He reported concerns that his boiler might be connected to neighbouring flats, which he believed caused him to pay for their energy use. He asked the landlord to inspect the connection and compensate him for 4 years of increased energy bills.

What the complaint is about

  1. The complaint is about:
  • The resident’s concerns that his neighbours have been using his gas and electricity.
  • The landlord’s handling of the complaint.

Our decision (determination)

  1. There was service failure in the landlord’s handling of the resident’s concerns about his neighbours using his gas and electricity.
  2. There was service failure in the landlord’s handling of the complaint.

We have made orders for the landlord to put things right.

Summary of reasons

  1. The landlord responded promptly to the resident’s repair reports and arranged inspections, but poor communication undermined its handling of the issue. It failed to keep the resident updated and did not follow through on inspections it committed to. This resulted in a service failure.
  2. The landlord delayed its stage 1 complaint response and did not acknowledge or explain the reason for the delay. By failing to recognise the impact or provide an explanation, the landlord breached its complaint handling obligations. This amounted to a service failure.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Order

What the landlord must do

Due date

1

Apology order

The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:

  • The apology is specific to the failures identified in this decision, meaningful and empathetic.
  • It has due regard to our apologies guidance.

No later than

24 December 2025

2

Inspection order

The landlord must try to complete an inspection to Flat B, as it committed to do so in its stage 1 complaint response. The landlord should update the resident as to the outcome within 5 working days of the attempted appointment. If it cannot gain access, the landlord must record all attempts and communicate this to the resident promptly.

No later than

24 December 2025

3

Compensation order

The landlord must pay the resident a total of £150, broken down as follows:

  • £100 for the distress and inconvenience likely caused by its handling of the resident’s concerns about his neighbours using his gas and electricity.
  • £50 for the time and trouble likely caused by its complaint handling failings.

No later than

24 December 2025

 

Our investigation

The complaint procedure

Date

What happened

30 January 2023 – 1 February 2023

The resident contacted the landlord several times, raising concerns that neighbours might be using his gas supply. He asked the landlord to inspect the boiler pipework, as he believed it was connected to neighbouring flats (flats A and B). He also reported high gas bills and requested compensation from the landlord.

10 February 2023

The landlord acknowledged the resident’s complaint. It said it would respond by the 15 February 2023.

7 March 2023

The landlord issued a stage 1 response and said:

  • It had arranged inspections by its gas and electrical contractors following the resident’s reports. Visits took place on 31 January and 2 February 2023. Both contractors concluded that neighbouring properties were not using the resident’s utilities.
  • On 22 February 2023 the resident reported no heating. The gas contractor attended on 23 February, checked the boiler system and found no fault. The operative told the resident to request a survey from the landlord, as the contractor only handled repairs and servicing.
  • The landlord committed to inspect all 3 properties. It said it would update the resident following the inspection.
  • The landlord explained that residents’ utility connections are managed by his utility provider, not by the landlord’s repairs service.

1 December 2023

The resident said flats A and B were continuing to steal his gas and electricity. He said the landlord should stop this theft and compensate him for 5 years of loss he experienced. The landlord registered this as an escalation request.

7 December 2023

The landlord acknowledged the complaint. It said it would respond within 20 working days.

3 January 2024

The landlord issued a stage 2 response. It said:

  • Several contractors attended on different occasions and did not find evidence that neighbours were using the resident’s utilities. They checked the meter and confirmed it supplied only the resident’s home. They also inspected the boiler and found no issues.
  • It carried out the annual gas safety inspection and boiler service on 8 December 2023. It said that any unauthorised activity would likely have been identified during this inspection.
  • It wrote to the resident on 7 March 2023 to confirm that it would investigate the upper flats. It visited flat A on 27 March 2023 and confirmed that the neighbours were not using the resident’s gas or electricity.
  • It reported that the properties are purpose built with individual boilers and central heating systems. Each flat has its own gas meter and internal riser. The contractor also checked the heating and hot water controls, thermostats, and programmer and confirmed they were working independently and in line with manufacturer’s instructions.
  • The landlord said it had carried out multiple investigations and found no evidence that the resident’s boiler supplied neighbouring flats. It noted that national utility costs have risen significantly and advised the resident to contact its seasonal health intervention network service for free advice on heating, finances and health.

Referral to the Ombudsman

The resident said he has paid for heating and electricity used by the flat above for 5 years, which he believes is due to an unauthorised connection to his boiler. He said there is a panel in his bathroom and another under the kitchen cabinet that may contain the connections. He said the landlord has not inspected these panels, despite repeated requests. He believes the landlord knows about the issue and has not investigated it properly. He also said the flat was vacant before he moved in, which may have allowed time for the wiring to be altered. He is seeking a full inspection, compensation for the utility costs he believes he has wrongly paid and for the landlord to identify and resolve the cause of the issue.

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

Complaint

The resident’s concerns that his neighbours have been using his gas and electricity.

Finding

Service failure

  1. The resident first raised concerns on 30 January 2023 that his boiler might be connected to neighbouring flats, causing him to pay for others’ energy use. He reported that turning on his boiler heated his neighbours’ flat. The landlord treated this as an emergency repair and attended on 31 January 2023, within its 24-hour policy timeframe. It inspected the boiler and found no evidence of a shared system. As a misconnection would fall under the landlord’s repair responsibility, it was appropriate that the landlord investigated promptly.
  2. Between 30 and 31 January 2023, the resident sent several emails about his utilities to the landlord. The landlord responded on 31 January 2023, advising him that suspected energy theft should be reported to Crime Stoppers Stay Energy Safe. It attempted to call the resident and offered a call back, showing efforts to engage. The landlord correctly explained that billing issues are for the utility provider. However, it remains responsible for ensuring heating and gas installations are safe and correctly configured. Its initial email did not fully address the resident’s concern about shared pipework.
  3. On 1 February 2023 the resident emailed again, and the landlord logged this as a stage 1 complaint. The landlord’s repair records show that it arranged an urgent electrical inspection and attended within 24 hours, in line with its repairs policy. The landlord checked the meter and confirmed no other property was connected.
  4. On 22 February 2023 the resident reported no heating. The landlord attended within its 24-hour timeframe and again found no evidence of a shared supply. The attending staff member suggested the resident ask the council to carry out a survey. The landlord issued its stage 1 response on 7 March 2023, confirming inspections had found no evidence of a connection. It committed to inspect all 3 properties and update the resident as to the outcome. It explained that connecting utilities is not the responsibility of the repairs service.
  5. On 27 March 2023 the landlord attempted to inspect all 3 properties but recorded no access to flat B and that the resident refused access to his own flat. It concluded that flat A had independent heating and hot water and noted the properties were purpose built with individual boilers and meters.
  6. The resident raised further concerns on 1 December 2023 and requested compensation. The landlord escalated the matter to stage 2 but did not update the resident about the 27 March 2023 inspection until its Stage 2 response on 3 January 2024, 193 working days later. We have not seen evidence that the landlord attempted to reattend Flat B.
  7. The landlord has provided us with records that show it had carried out gas safety checks at flats A and B, which included servicing boilers and inspecting pipework, before issuing the stage 2 response. In the stage 2 response, it said that any connection would likely have been identified during these checks. The landlord was entitled to rely on expert opinions and carried out multiple inspections, including a survey of flat A. These actions show it made reasonable efforts and found no evidence that the resident’s boiler supplied neighbouring flats.
  8. However, there were service failures. The landlord committed to inspect both flats A and B and update the resident but did not provide an update until stage 2. It also delayed signposting the resident to energy advice until January 2024, despite his repeated reports of high bills since January 2023. Earlier advice could have reduced distress and helped the resident manage costs while investigations continued.
  9. The resident expressed dissatisfaction with the extent of the landlord’s investigation and referred to panels in the kitchen and bathroom. The landlord was entitled to rely on the findings of its staff and contractors and did so appropriately. It inspected the boiler and electrical supply and arranged checks of neighbouring properties, demonstrating that it took the concerns seriously and acted within its responsibilities.
  10. Overall, the landlord acted in line with its repairs policy by attending emergency appointments within 24 hours and investigating the resident’s concerns. It relied on expert advice and carried out reasonable checks. However, it failed to fulfil its commitment to inspect both neighbouring flats and delayed updating the resident for 193 working days. It also missed an opportunity to provide energy advice earlier. These failures likely caused distress. We have therefore ordered the landlord to attempt a further inspection of flat B and compensate the resident for the likely distress.

Complaint

The handling of the complaint

Finding

Service failure

  1. The landlord’s complaints policy requires it to acknowledge a stage 1 complaint within 3 days and issue a full response within 10 working days. If it cannot meet these timescales, it must send a holding response explaining the delay and provide a revised due date. These requirements align with the Housing Ombudsman’s Complaint Handling Code (the Code) in place at the time, as does the landlord’s definition of a complaint.
  2. The landlord recorded the resident’s emails on 1 February 2023 as a Stage 1 complaint. It acknowledged the complaint on 10 February 2023 and said it would respond by 15 February 2023. However, it issued the stage 1 response on 7 March 2023. This was a delay of 11 working days beyond the policy timeframe. The landlord did not agree an extension with the resident, did not provide a holding response explaining the delay, and did not recognise or address this failure in its stage 1 response. It did not give a reason for the delay. This was a service failure.
  3. The resident escalated his complaint on 1 December 2023. The landlord acknowledged the escalation on 7 December 2023 and explained it would respond within 20 working days, excluding office closure days over Christmas. It issued the stage 2 response on 3 January 2024, which was within the required timeframe.
  4. Overall, the landlord’s handling of the complaint showed minor failures. It did not meet its Stage 1 timescales and did not communicate effectively about delays. These failures likely caused time and trouble for the resident. We have therefore ordered the landlord to compensate the resident £50.

Learning

  1. The landlord responded well to the repair aspects of the complaint. It acted promptly on emergency repairs, arranged inspections, and relied on expert advice. However, poor follow up and communication undermined this response. The landlord did not keep the resident updated on inspection outcomes and failed to show that it followed through on the checks it committed to. Timely updates and clear evidence of follow up are essential to maintain trust and ensure residents feel supported during investigations.

Knowledge information management (record keeping)

  1. The landlord provided 2 separate entries for the same job, showing attendance on both 2 February 2023 and 16 February 2023, which created uncertainty about the actual visit date. Accurate and consistent record keeping is essential for transparency and to maintain confidence in the landlord’s handling of repairs.

Communication

  1. The landlord’s initial communication was reasonable. It responded promptly to the resident’s first reports, explained its responsibilities and attempted to engage by phone. However, the overall communication was poor. During this investigation, the landlord has acknowledged a mistake in its stage 2 response where it referred to a gas safety check as taking place in December 2023 instead of December 2022. The landlord acknowledged this error and supplied evidence of the correct date.
  2. The landlord committed to updating the resident after inspections but failed to do so for 193 working days. It did not clarify the outcome of attempted visits or provide timely signposting to energy advice, despite repeated concerns about high bills. It also did not update the resident as to the delay at stage 1. These delays likely caused unnecessary frustration and reduced trust.