Livv Housing Group (202413037)

Background

1. The landlord conducted a gas safety check on 26 June 2023 and found issues with the fitting of the boiler flue, which it resolved there and then. The resident complained to the landlord that day as she said its failure to notice this before had put her and her children at risk of carbon monoxide (CO2) poisoning. The landlord said the family had not been in any danger but acknowledged she was worried and offered £300 in compensation.

What the complaint is about

2. The complaint is about the landlord’s:
   1. Handling of the resident’s concerns about an incorrectly fitted boiler flue.
   2. Complaint handling.

Our decision (determination)

3. We found:
   1. Reasonable redress in the landlord’s handling of the resident’s concerns about an incorrectly fitted boiler flue.
   2. No maladministration in the landlord’s complaint handling.

Summary of reasons

The fitting of the boiler flue

4. The landlord responded promptly and conducted a thorough investigation to check the family had not been at any risk. It offered a reasonable level of compensation in recognition of the resident’s distress.

Complaint handling

5. The landlord responded to the resident’s complaint in line with its policies. It also used its discretion appropriately to accept her late request to escalate to stage 2.

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.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our investigation

The complaint procedure

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.

6. When the landlord conducted its gas safety check on 26 June 2023, it found the boiler flue in the loft was out of place. It resecured this during the visit and found no need for any follow-on works. The resident complained that day saying it should have identified this in the previous year’s gas safety check, and her family had therefore been at potential risk ever since the boiler’s original installation in 2021.
7. The engineer reported the matter to the landlord’s gas safety team on the day, and it promptly conducted an internal investigation in July 2023. This involved inspecting the loft and flue, examining original installation records, and checking the CO2 alarm records from both before and after the gas safety check. The landlord also consulted with its contractor, and its engineer who conducted the check. It concluded that the flue had only come away recently and there was no evidence of a CO2 leak at any stage.
8. The landlord’s investigation also involved contacting a sample of its households who also had a boiler fitted by the same operative, to check for any other installation issues. It found none, however it sent a notice to all its operatives to reinforce the importance of installing appliances in line with the manufacturer’s instructions. This shows the landlord took the situation seriously.
9. By law, landlords must report certain gas incidents to the Health and Safety Executive (HSE). This applies when an incident has resulted in a death, people found unconscious, and people taken to hospital where a gas incident might be the cause. This also includes ‘near-miss’ incidents where an event did not cause injury but could have done. The landlord concluded it did not need to report this matter to the HSE, as it had found no actual or potential risk. Based on the evidence provided, the landlord’s conclusion was reasonable.
10. In its stage 1 response of 13 July 2023, the landlord explained its findings and said it was confident the resident had not been at risk. However, it acknowledged the level of her concern and said there had likely been previous failings when installing and checking the flue. It made its £300 compensation offer on this basis.
11. The resident escalated her complaint on 15 April 2024 as she said the landlord had not treated the matter seriously enough. It responded at stage 2 on 28 June, when it found its earlier response was fair.
12. The landlord’s investigation in July 2023 was thorough and explained its findings in detail. It recognised the resident’s worry, promptly rectified the issue, and undertook a robust investigation of the cause and any potential impact. The compensation it subsequently offered exceeded our remedies guidance for this level of impact, when an issue has caused distress but there has been no further measurable effect.

13. The landlord responded to the resident’s stage 1 complaint in line with its complaints policy and our Complaint Handling Code (the Code). Its policy then gave 8 weeks for a complainant to request an escalation to stage 2.
14. The resident contacted the landlord about a separate matter on 15 April 2024, 9 months later. During this, she referenced the issue with the flue. The landlord called the resident on 29 April when she confirmed she wanted to escalate her complaint. It then acknowledged and responded to the resident at stage 2 within the timeframes in its policy and the Code.
15. The landlord used its discretion to reopen the resident’s complaint as she was unable to take this further at stage 1 due to a bereavement. In the circumstances, it was reasonable for the landlord to investigate her complaint this at stage 2 as there had been no further issues for it to consider. The landlord’s overall complaint handling was therefore fair and in line with its policy and good customer service.

Learning

Knowledge information management (record keeping)

16. The landlord kept robust records, which enabled it to respond to the resident’s complaint and has allowed us to conduct our investigation.

Communication

17. The landlord responded promptly to the resident, and its investigation report demonstrates clear and effective communication with its staff and contractors.