London Borough of Hammersmith and Fulham (202404336)

Background

1. Following a gas leak to her cooker and boiler the resident’s gas supply was turned off. The landlord replaced her boiler and fixed the leak. The resident complained about its handling of this, and related issues with her gas cooker and bath taps. She also complained about its handling of repairs to a communal satellite and call handling.

What the complaint is about

2. The complaint is about the landlord’s handling of the:
   1. Boiler replacement.
   2. Repairs to enable installation of a gas cooker.
   3. Tap repair.
   4. Satellite repair.
   5. Communications with the call centre.
   6. Associated complaint.

Our decision (determination)

3. We found:
   1. No maladministration in the landlord’s handling of the boiler replacement.
   2. Reasonable redress in the landlord’s handling of the repairs to enable installation of a gas cooker.
   3. Service failure in the landlord’s handling of the tap repair.
   4. No maladministration in the landlord’s handling of the satellite repair.
   5. Reasonable redress in the landlord’s handling of the communications with the call centre.
   6. Service failure in the landlord’s handling of the associated complaint.

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

Summary of reasons

Boiler replacement

4. The landlord’s handling of the boiler replacement was in line with its policy.

Gas cooker repair

5. The landlord recognised that it failed to deal with the gas leak in a timely manner. It appropriately put things right by apologising for its delay, providing proportionate compensation and showing it had learned from the concerns raised.

Tap repair

6. While the landlord put things right by dealing with the repair, apologising for its delay, providing proportionate compensation and showing it had learned, this was all offered after the complaint was referred to us.

Satellite repair

7. The landlord’s handling of the repair was within its policy timeframes.

Communications with the call centre

8. The landlord appropriately apologised for the frustration and inconvenience that may have been caused to the resident.

Complaint handling

9. The landlord failed to answer all points of the complaint at the earliest opportunity. It also missed an opportunity to reflect on what it had learnt from the complaint.

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.

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.

10. The tenancy agreement and landlord’s repairs policy set out its legal obligation to keep in repair all fixtures and fitting for the supply of gas, heating, and hot water. Its repairs policy also says its response time for an emergency repair is 24 hours and for routine repairs it is 20 working days. The landlord’s gas safety policy says it is responsible for delivering a replacement boiler programme.

Boiler replacement

11. An external gas operative visited the resident on 27 October 2023, following a report of gas smell from her property. The operative shut off the gas supply to the boiler and gas cooker where the leak was identified. Due its age, the landlord referred the boiler for replacement on 2 November 2023. It replaced the old boiler and immersion tank with a combi boiler on 22 November 2023. The landlord completed the repair within 19 working days, which was in line with its repairs policy.

Metal beam and concrete blocks

12. The landlord removed an immersion water tank from the resident’s kitchen when it replaced her boiler. The resident was unhappy that a metal beam and concrete blocks were left in place, as she wanted to use the space for storage. Removal of the blocks and bar would be an improvement and not a repair. While we appreciate the resident’s concerns, the landlord’s repair policy states that she is responsible for improvements, or any remedial work following a repair. The landlord also appropriately explained this during the complaints process.

13. The landlord’s repairs policy places an obligation on it to keep in repair all fixtures and fitting for the supply of gas.
14. A gas leak was identified on the resident’s gas cooker on 27 October 2023. The landlord visited the resident on 31 October 2023 and confirmed the leak on the cooker pipework. The landlord told the resident it needed to repair this on 28 December 2023. It is unclear why there was nearly a 2 month gap between these dates and no evidence has been provided to explain the delay. There is also no evidence, of what, if any, advice the landlord gave to the resident during this time, or that the landlord considered how it could have mitigated any impact to her. It is unclear if the landlord did not record this or did not share it with us and this is a record keeping failing. The resident did not have use of her gas cooker during this time, which included the Christmas period. This caused the resident avoidable distress and inconvenience.
15. The landlord attended again on 11 January 2024 and said the gas cooker was damaged, and correct parts were needed for the hob to be connected. It appropriately tried to contact the resident at least 5 times during January 2024. The landlord booked an appointment for 21 February 2024, but the resident cancelled. The landlord offered 3 dates to attend in March 2024. The resident told the landlord on 1 March 2024 that she had arranged the fitting herself. In line with the repairs policy, the gas cooker was the resident’s responsibility to replace, and the landlord’s obligation was to ensure the pipework to connect to was safe and working. While there was an initial unexplained delay, its actions from January 2024 onwards showed its attempts to progress the repairs.
16. In the landlord’s complaint responses, it tried to put things right by acknowledging the delays, service failures, poor communication and apologising. It said it had learned from the issues by explaining service improvements and paid the resident £600 compensation. This is in line with the remedies we may have ordered, under our compensation policy, to put things right for the level of failure and detriment caused.

17. In its tenancy agreement, the landlord says it will keep all fixtures and fittings in the resident’s home in repair and in proper working order. This reflects its legal obligation. In its repairs policy it says it is the resident’s responsibility to complete any improvements.
18. Between January 2024 to August 2024, the resident reported unregulated hot water coming through her bath taps. She said she was told her bath taps needed replacing in November 2023. We have found no evidence that shows the landlord or gas operative gave this advice at the time. We recognise this also does not align with the landlord’s repairs policy. To avoid such uncertainty in the future, as good practice, the landlord should ensure that it keeps clear records of any advice given to the resident during any appointments.
19. After an inspection in March 2024, the landlord told the resident that changing the taps would be considered an improvement, rather than a repair. Therefore, it decided the taps did not need changing. The resident later raised concerns that the hot water was hazardous and also said that her elderly mother was having trouble controlling the taps. At this point, the landlord should have reassessed the situation, based on the new information, to decide if it needed to change the taps. This caused the resident time, trouble and inconvenience in further pursing the issue.
20. The landlord’s position changed in its stage 2 complaint response on 12 April 2024, when it committed to change the taps which was positive. The resident has told us that the taps were changed on 16 October 2024. However, once agreed, it did not meet its obligations to complete the repair within a reasonable timeframe and took over 100 days. Its repeated attendances, inconsistent approach and delays caused the resident uncertainty, frustration and inconvenience.
21. In its complaint responses, the landlord appropriately acknowledged and apologised for its service failure and delays. It also took steps to learn from the complaint and offered sufficient compensation of £150. This is proportionate to what we may have ordered in line with our compensation guidance. However, it did so within a second stage 2 response, which was prompted by contact from us. While it was positive, we are unable to make a finding of reasonable redress, as this was offered after the complaint was referred to us.

22. The landlord’s repair policy says its response time for completing routine repairs is within 20working days. The resident said she reported an issue with the communal satellite on 27 November 2023. The landlord said it did not receive the resident’s report but was already on notice from other residents’ reports on 7 November 2023. Repair records show the landlord completed the work to fix the satellite on 2 December 2023. This is within 19 working days and met its policy timescales.

23. The resident complained about the landlord’s call centre. She said she waited on hold for over an hour or was instantly cut off. The landlord acknowledged this in its stage 2 response; however we have not seen any evidence of the calls. It is unclear if the landlord did not record them or did not share them with us. The landlord noted the resident’s concerns and found its approach had caused her frustration and inconvenience. It appropriately apologised for this and shared feedback with the relevant team. This was reasonable in the circumstances to put things right.

24. The Housing Ombudsman’s Complaint Handling Code (the Code) published in 2022 applied when the resident made her complaint. The landlord’s complaint policy appropriately adopted the definition of a complaint. However, the response timeframes set out in its policy did not align with the Code.
25. The landlord sent the stage 1 response within 10 working days of the complaint and stage 2 response within 12 working days of the resident’s escalation request. This was in line with the Code. After the resident referred her complaint to us, the landlord issued another stage 2 response. It acknowledged it had failed to address all parts of the complaint, including the resident’s concerns about the satellite repair and communication with the call centre. It offered the resident reasonable compensation of £100. This was sufficient to address the failures we identified and proportionate to the compensation we may have ordered in line with our compensation guidance.
26. While this amount was in line with what we may have awarded for the failures we found in the complaint handling, its response was prompted by contact from us. There was nothing preventing the landlord from addressing these matters sooner. Therefore, this was a missed opportunity to resolve the complaint at the earliest stage. The landlord also did not explain what it had learned from the complaint.

Learning

Knowledge information management (record keeping)

27. The landlord’s records were missing information about its appointments. It should be mindful that it keeps good records of any advice given to the resident during any visits.

Communication

28. The landlord’s communication could be improved by giving clear and consistent information to the resident about its repair obligations.

Complaint handling

29. This investigation has highlighted that the landlord did not fully address all the elements of the resident’s complaint. The landlord should reflect on this and consider any learning and staff training needs.