London Borough of Lewisham (202502695)

Background

1. In January 2025 the landlord carried out a gas safety inspection at the property. The certificate noted that the external flue was uncovered. It said the resident was asked for permission to shut off the boiler. The landlord said it would provide temporary heaters and advised the resident could use the immersion for hot water, but he declined. In February 2025 he contacted the landlord to report that his boiler had not worked since the inspection.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s request for compensation for works to his boiler.

Our decision (determination)

3. There was maladministration in the landlord’s response to the resident’s request for compensation for works to his boiler.

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

Reasons

4. Landlords have a legal obligation to carry out annual gas safety inspections. Following an inspection on 20 January 2025, the resident emailed the landlord on 3 February 2025 to say that its contractor had agreed to leave the boiler on. However, when they left, he discovered the boiler was not working. He said he was without heating and hot water until the flue cover was installed on 13 March 2025. The landlord’s final complaint response of 1 May 2025 said its offer of £70 compensation for the delay in fitting the flue cover was reasonable. This was because there was no actual loss of heating and/or hot water.
5. The landlord’s evidence is confusing. Its gas safety certificate and subsequent file note say the resident did not give permission to shut the boiler off. However, an entry on the repair log dated 4 February 2025 said parts were required because the boiler was shut off. This was because the external repair was outstanding. In its email to us of 12 March 2026, the landlord confirmed its position was that the boiler had not been shut off. The landlord’s lack of clear, consistent records amounts to a record keeping failure.
6. During his call to us on 13 March 2026, the resident said he’d chased the issue by phone. The documentary evidence we’ve seen does not conclusively support this version of events. However, the evidence shows there was a miscommunication which resulted in the resident believing he could not use his boiler between 20 January 2025 and 17 March 2025 (56 days). This caused him distress and inconvenience. He also incurred extra costs by using electric heaters and the immersion for hot water.
7. Our remedies guidance says that compensation of £8 per day should be paid where there is a loss of heating or hot water. Given the distress and inconvenience caused to the resident, we consider it reasonable to make an order for a proportion of this rate, which is 50% £4 x 56 = £224. We also consider it reasonable to make an order for compensation of £56 to recognise the additional costs incurred.

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.