London Borough of Camden Council (202402324)

REPORT

COMPLAINT 202402324

London Borough of Camden Council

30 July 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 handling of the resident’s reports of:
1. Heating and hot water issues.
2. Its staff’s conduct.
We have also considered the landlord’s:
1. Communication regarding the resident’s rent account.
2. Handling of the associated complaints.

Background

The resident has a secure tenancy with the landlord, a local council, which started in July 1998. The property is described as a 2-bedroom fifth floor flat in a block of flats. The resident advised us and the landlord that she is partially disabled. The landlord provides communal heating and the resident’s rent payment is inclusive of heating and hot water charges.

Heating and hot water

The resident reported issues with her heating and hot water supply between October 2023 and April 2024. The landlord attended on various dates to investigate the reports. The resident complained on 9 April 2024 that she had not received adequate heating and hot water supply since September 2023 due to the intermittent services. She asked for a reimbursement on her rent for services paid for but not received.
The landlord responded on 18 April 2024 that it had followed its procedures and attended the resident’s reports accordingly. It acknowledged it did not attend on 22 March 2024 due to an administrative error and awarded £25 for the missed appointment. It concluded that it had not found evidence that she had been without or had partial heating since September 2023.
The resident raised a stage 2 complaint on 24 April 2024. She said that the repairs remained outstanding, and she had not had hot water for 2 days. She asked that the repairs be resolved, to be compensated and for the landlord to ensure it provides reliable services. The landlord responded on 29 May 2024 and reiterated its previous response. It said it had passed the outstanding repair to the relevant team. The landlord concluded that no compensation was due as there was no evidence she had been without heating or hot water for more than 5 days.
The resident remained dissatisfied with the landlord’s response and referred the case to us on 31 May 2024. She said it had not fully addressed her concerns. She made further reports of loss of heating and hot water issues between June and November 2024.
The landlord provided further stage 1 and 2 complaint responses on 13 November and 18 December 2024. This was subsequent to the resident’s expression of dissatisfaction on other matters. It acknowledged the resident had been inconvenienced due to the recurring problem with the hot water. It assured her that this would be looked into by management. The resident was advised to go on its website to claim compensation for periods where she had interruption to her heating or hot water supply for more than 3 days.

Staff conduct and communication

The resident sent emails to the landlord between 18 and 20 February 2024 to discuss a notice of seeking possession (NOSP) letter she had received. She expressed dissatisfaction with the landlord’s communication. She said the landlord had ignored her queries regarding her rent payments, universal credit, and requests for support with discretionary housing payments (DHP). On 21 February 2024 her neighbourhood housing officer (NHO) advised her to keep trying to contact her housing officers (HO).
The landlord sent the resident another NOSP on 6 October 2024. It advised her to make contact due to the arrears on her rent account and to discuss any concerns about payments. The resident made a formal complaint about the matter on 11 October 2024. She complained that:
1. The landlord had not updated her on the state of her account or responded to her request for support.
2. Her NHO was bullying her and had sent an aggressive letter regarding the arrears on her rent account, while there had been no prior contact for 6 months.
3. The NHO was rude and failed to listen to her during a phone call.
In an email dated 18 October 2024 a manager explained to the resident that the NOSP was sent because the balance on the account was over £3000 in arrears. In its stage 1 response dated 13 November 2024 the landlord said the NHO and HO were not ignoring her emails. On 15 November 2024 the resident requested the escalation of the complaint to stage 2. In subsequent emails she expressed concerns about missing payments and general dissatisfaction with the landlord’s management of her rent account.
The landlord responded to the stage 2 complaint on 18 December 2024 and said:
1. Following discussions with its staff they denied being unprofessional towards her.
2. Its customer service and communication had fallen below the expected standard.
3. The arrears had significantly reduced, due to a payment received and a point of contact would assist her in tracing any missing payments.

Events after the complaints process was exhausted.

On 19 December 2024 the resident said the stage 2 response did not reflect the issues she complained about.
The landlord sent the resident a third NOSP on 19 February 2025. It advised her to make contact to agree a plan to clear the arrears.
The landlord’s welfare services advised the NHO on 9 March 2025 that it had started to support the resident with welfare benefit applications (including the reinstatement of her disability benefit) to reduce her arrears.
The resident advised us that she continues to experience intermittent heating and hot water services.

Assessment and findings

Scope of investigation

The Ombudsman notes the resident is disputing the period of rent rebate awarded to her in 2023. She also said the landlord has not considered her request to move home. These matters have already been investigated by us under case 202106293, determined in September 2023. The Ombudsman may not consider complaints which, in the Ombudsman’s opinion seek to raise again matters, which we or any other Ombudsman have already decided upon.
Also, other issues raised about the tenancy agreement will not be included in this investigation. This is because we have not seen evidence that these matters have exhausted the landlord’s complaints process.

The resident’s reports about heating and hot water issues

The tenants’ guide and the landlord’s repairs policy states that:
1. The landlord will keep in repair and good working order the services such as water pipes, which bring water, gas, electricity or heating to the property, and appliances for these which it has installed, such as boilers.
2. Residents must give access to the property for inspections and repairs, and it would normally give reasonable notice except in an emergency.
3. Total or partial loss of heating or hot water between 1 November and 30 April is classed as an emergency repair to be attended within the same day.
4. It will attend urgent repairs within 5 working days (this includes total or partial loss of heating or hot water between 1 May to 30 October).
5. The resident’s rent may include a charge for heating and hot water.
The landlord’s remedies policy and procedures set outs that if it is responsible or at fault, suitable remedies may include an apology or a financial remedy.
From the evidence seen, the resident made several reports concerning her heating and hot water supply between October 2023 and December 2024. The landlord has not disputed this, and its records show it promptly attended most of the reports within the published timescales for repairs. It acknowledged it missed an appointment for follow-on works to a radiator scheduled for 22 March 2024 and offered the resident £25 compensation. This was appropriate and in line with its compensation policy.
The landlord said there was no evidence of periods where the resident had no heating or partial loss of heating. On the contrary, the records provided show there was partial loss of heating on 27 October 2023. We note the repair was scheduled for 3 November 2023 to resolve it, which was within the required timescales. However, we have not seen evidence that the landlord assessed the impact of any loss of services and that it offered alternative means of heating. This was not appropriate.
There were occasions where repairs were delayed. An example is the resident’s report of no heating or hot water on 16 April 2024. The landlord advised her that this would be a communal repair, but it would contact the resident if it needed access to her property. In its stage 1 response to the resident on 18 April 2024 the landlord said it attended the property the same day but was not allowed access. We have not seen evidence that it provided reasonable notice prior to the visit. As this was meant to be an emergency repair (colder months) according to its policy, it would have been appropriate for it to have rescheduled the appointment. Rather, the landlord asked her to contact its contractor to reschedule it.
There was also a prolonged delay in scheduling repairs to restore hot water following the resident’s report on 6 September 2024. The repair was scheduled for 24 September 2024 which was far outside the 5 working days for resolving such repairs according to its policy. The landlord has not demonstrated, from the evidence provided, that it considered any alternative support for the resident during this period (approximately 2 weeks). This would have caused the resident distress and inconvenience.
The landlord initially asserted in its complaint responses in April and May 2024 that it correctly addressed the resident reports. It did not acknowledge the impact of having to repeatedly report the issues or listen to the resident’s concerns that she needed it to put measures in place to ensure its services were reliable. However, in its later responses in November and December 2024 it acknowledged the resident had been inconvenienced due to the recurring problem with the communal boiler. The landlord said she had experienced periods without hot water. It said this would be looked into by management to address the issue. This shows some learning by the landlord.
Regarding her request for reimbursement (rent rebate), the landlord said she could submit a claim through its website for any loss of heating or hot water service exceeding 3 days. It said it does not pay rebates for short interruptions to service, as it is reasonable to allow time to fix the problem. However, the landlord failed to consider if a financial remedy is appropriate in this case, even though its compensation policy considers distress and the time and trouble spent in trying to resolve an issue. This would have been appropriate as the resident reported persistent and ongoing issues with the heating and hot water service for over 12 months. She informed us that there were occasions where she was not able to bath in the property due to a lack of hot water.
Due to the above, we have found maladministration in the landlord’s overall handling of the matter. To address this, we have awarded £200 for the distress and time and trouble incurred by the resident in pursing this matter bringing the total compensation to £225. This is in line with the landlord’s compensation policy and our remedies guidance for failings where the landlord has made some attempt to put things right but not fully addressed the detriment to the resident. We have also ordered the landlord to explore a permanent resolution to the issue as the resident said the issue is ongoing.

Staff conduct

The landlord considered the resident’s complaint that she was bullied and treated unprofessionally by its staff during a telephone conversation. It explained that discussions about rent arrears can be strained and confrontational, but this was not an excuse for departing from a professional approach.
The landlord further said it had interviewed the member of staff in question, and they denied behaving in an unprofessional manner. The landlord apologised for any upset this may have caused the resident. The landlord’s response shows it took the resident’s concerns seriously and took steps to put things right.
While it had no evidence of the allegations made against its staff, it acknowledged how the interaction may have impacted her and addressed this in a sympathetic manner. This was a reasonable approach. For this reason, we have found no maladministration in the landlord’s handling of this aspect of the resident’s complaint.

The landlord’s communication regarding her rent account.

The tenants’ guide provides information about the services offered by the landlord and states that:
1. It will write to residents at least 4 weeks before their rent or heating charges are due to change.
2. Rent is due weekly in advance every Monday and it would contact residents if they are more than 1 or 2 weeks behind in rent payments.
3. Residents are advised to make contact by email or phone for help and advice on benefits, debts, or other issues if they have problems paying rent.
4. If the resident does not seek help or do not keep to the agreement for their rent payment, the landlord may take court action against them.
The resident was concerned (after receiving a NOSP) that there might be issues with her rent calculations and that payments made by the Department of Works and Pensions (DWP) were not reflected on the account. There was a brief interaction between the landlord and the resident on 21 February 2024 where she said she had made a payment and set up a standing order. However, her request for support was not answered which caused the resident frustration.
On 29 February 2024 the resident said its housing department was not responding to her request for help with rent clarification and support in accessing benefits. Although the landlord’s staff responded on 1 and 13 March 2024, they did not take ownership of the matter and continued to pass the resident between its teams. This was not in line with its promise to support its residents.
There was no further communication by the landlord, from the evidence seen, until it asked the resident to make urgent contact on 6 October 2024 regarding her rent payment. This was followed by a NOSP on 9 October 2024 where the resident was warned about the amount of arrears on the account and that failure to make contact or payment could result in legal action. This caused the resident some concern and she expressed in her complaint on 11 October 2024 and subsequent emails that:
1. The landlord had ignored her request for support with her rent payments.
2. She had not received previous letters since her last communication with the NHO or been asked to increase her payments.
The NOSP letter stated that the arrears on the account was £2,820 which shows the account was behind in payments by approximately 14 weeks (based on her weekly rent of £199.89) This suggests the landlord had not adhered to its commitment to contact residents if they are more than 1 or 2 weeks behind in rent payments.
The landlord and the resident communicated about the arrears around 17 and 18 October 2024. She said she just made a payment of £2000. It was during their interaction that the landlord detected some of the resident’s payments were not being credited to her account. A manager took ownership of the case and through their investigation found the payment in a suspense account. They advised the resident to ensure her rent account reference is used as a reference for further payments and no further action would be taken as the arrears had been reduced. The landlord also asked the resident if she needed any further support so it could arrange this for her. This shows some learning by the landlord.
The landlord acknowledged in its complaint response on 18 December 2024 that it had not always responded to the resident’s emails, and it apologised for the distress caused. It assured her that the rent team would provide assistance and advice and that it continued to take steps to identify any other payments made by the resident but not showing on the rent account. We have seen from the evidence that the landlord liaised with the relevant teams, after the complaints process, to support the resident in managing her rent account. This shows further learning by the landlord.
We acknowledge the landlord apologised for the poor communication and took steps to put things right for the resident. However, the resident incurred time and trouble in pursuing enquiries with the landlord that it failed to address within a reasonable period. This caused her distress and inconvenience.
Therefore, it would have been appropriate to have offered compensation as redress for the distress caused in line with its compensation policy. For this reason, we have found service failure with the landlord’s communication regarding the rent account. To address this, we have awarded £100. This is in line with our remedies guidance for failings where the landlord has made some attempt to put things right but not addressed the detriment to the resident.

The associated complaints

The landlord’s complaint handling policy states:
1. It would acknowledge complaints within 5 working days of the date it was received.
2. It would respond to stage 1 & 2 complaints within 10 working days and 20 workings (respectively) of the date of acknowledgment.
3. Where an extension is needed it will inform the resident.
The landlord responded to the stage 1 complaint submitted by the resident on 9 April 2024 within the published timescales (18 April 2024). However, the stage 2 response was slightly delayed by 3 working days. The complaint made on 24 April 2024 was acknowledged the same day, but the landlord responded on 29 May 2024. We have not seen evidence of a significant detriment to the resident, but it was not appropriate that the landlord did not notify her of the delays in accordance with its policy. Also, the landlord did not acknowledge the delay or apologise for it in its response. This was not appropriate.
There was also a delay in responding to the stage 1 complaint submitted on 11 October 2024. The landlord acknowledged the complaint within 5 working days, and it requested an extension when it anticipated there would be a delay in responding. This shows some learning by the landlord. It responded on 13 November 2024 which was approximately 19 working days after acknowledged the complaint. The landlord did not acknowledge the delay in the response or apologise for any inconvenience it may have caused. It is noted that it requested an extension, but an apology would have been appropriate to recognise any inconvenience this may have caused.
There was also a delay of 3 working days in responding to the stage 2 complaint submitted on 13 November 2024. The landlord acknowledged the complaint on 15 November 2024 and it responded on 18 December 2024. It did not request an extension or apologise to the resident for the delay. Overall, the landlord did not consider if compensation should be awarded for the delays or other failures identified in its investigation of the issues raised by the resident. This was not in line with its complaints policy or complaints handling code. While these were minor delays, the repeated delays in responding to complaints was not appropriate. This shows it had not learned from its errors or put measures in place to put things right.
Due to the above, we have found service failure in the landlord’s handling of the associated complaints. We have awarded £100 for the time, trouble and inconvenience to the resident. This is line with our remedies guidance for failures the landlord has not appropriately acknowledged and fully put right.

Determination

In accordance with paragraph 52 of our Scheme, there was maladministration in the landlord’s handling of the resident’s reports about heating and hot water issues.
In accordance with paragraph 52 of our Scheme, there was no maladministration in the landlord’s handling of the resident’s reports about its staff’s conduct.
In accordance with paragraph 52 of our Scheme, there was service failure in the landlord’s communication regarding the resident’s rent account.
In accordance with paragraph 52 of our Scheme, there was service failure in the landlord’s handling of the associated complaints.

Orders and recommendations

Orders

Within 4 weeks of the date of this report the landlord should:
1. Apologise to the resident for the failures identified in this report.
2. Pay the resident £425 (includes £25 previously offered by the landlord) broken down as:
  1. £225 for the distress and inconvenience caused by the handling of the heating and hot water issues.
  2. £100 for the distress and inconvenience due to the communication about rent payments.
  3. £100 for the time and trouble and inconvenience due to the handling if the associated complaints.
3. Confirm to the resident and our service that all missing payments have been reconciled to the rent account.
Within 12 weeks of the date of this report the landlord must:
1. Share the outcome of its investigation with us and the resident (as stated in its stage 1 response on 13 November 2024) and measures it intends to put in place to address the recurrent problems with the heating and hot water.
2. Review its overall handling of communication with the resident in this case and set out any learning.