Cornwall Housing Limited (202507285)

Background

1. The resident has occupied the property since 2007. He lives alone and has Fybromyalgia and a visual impairment. The landlord installed a new storage heating system at the property in July 2022. From February 2023 the resident raised concerns about the cost of running the heating system and position of the heaters. He was also unhappy that smoke detectors had been changed from battery-operated to mains powered.

What the complaint is about

2. The complaint is about the landlord installing:
   1. A new heating system and the associated cost to the resident of operating it.
   2. New smoke detector alarms which are run off mains electricity.
3. We have also considered how the landlord dealt with the resident’s complaint.

Our decision (determination)

4. There was no maladministration in relation to the installation of a new heating system and the associated cost to the resident of operating it.
5. There was maladministration in relation to the landlord installing new smoke detector alarms which are run off mains electricity.
6. There was no maladministration in relation to the landlord’s complaint handling.

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

Summary of reasons

7. The landlord investigated and addressed the resident’s concern over installation and cost of the new heating system.
8. We found that although the resident raised concerns about the new smoke detectors fitted in 2023, the issue was not fully addressed by the landlord until September 2024.
9. The landlord responded to the resident’s complaint in accordance with the timescales set out in its Complaints policy.

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. Around July 2022 the landlord installed a new storage heating system at the resident’s property. The resident has told us that other residents in his building were given the option to have storage heaters fitted, or their existing heating systems repaired as required, but he was not. No evidence to support that has been provided but we have seen that the landlord explained to the resident that a new heating system was needed because it could not repair the previous one. As the landlord was responsible for ensuring the property had heating in good working order, it therefore had an obligation to replace the heating system, but there was no requirement for the landlord to install a like for like heating system.
11. In April 2023 the resident told the landlord the heating was not working. Having attended to assess the issue, it explained to the resident on 12 May 2023 the storage heaters emitted heat during daytime hours and stored the heat during the night and this should keep the property at a comfortable temperature. However, it found the resident had set the temperature at 28 degrees Celsius when the system was set to be around 21 degrees. To try and achieve this higher temperature, it meant the heaters were running longer and harder, and therefore cost a lot more to run, as the system was not designed to be that hot or on for such long periods of time.
12. The resident has said he needs the heating on all the time due to his health issues but then turned the heating off due to his concern over costs. The landlord was right to say it was for the resident to contact his energy supplier about which tariff would be best and to liaise over any outstanding invoices, as the contract was in his name. It investigated the resident’s report that there was some damp and mould due to a lack of heating, but nothing seems to have been found. However, if the heating had been turned off, this could have contributed to there being damp and mould and using the heating system could prevent that.
13. The landlord has said it will not be changing the heating system, and there is no obligation on it to do so if it is working. The resident has told us that he wants to move, and as far back as May 2023, the landlord has provided him with information on how to do so. It explained the process for registering with Home Choice in order to find another property, and offered him assistance from his Housing Officer. If this is something the resident needs help with, he should contact the landlord.
14. The landlord investigated the resident’s concerns over the location of heaters that had been fitted. It explained on 19 September 2024 that the contractor had installed the correct size heaters for the room size based on the manufacture’s requirements and design proposal. Photographs show the kitchen heater did not block the resident’s washing machine but may have made it difficult to remove if that was required. To address the resident’s concern over that, it arranged to move the heater. It also looked at the other heaters and concluded that although the hallway heater protruded slightly in to the bedroom, there was still adequate access.
15. It seems the new heating system was initially not being used correctly by the resident and this led to a high energy bill. Since then, he has chosen not to use it at all. The landlord has explained to the resident how the storage system works and has offered him additional help and support, if needed. It is for the resident to decide whether to take up that offer and then liaise with his energy provider to find the best tariff for him, to ensure affordability.
16. Overall, the landlord has complied with its obligations and done what it can to assist the resident and address his concerns, so there has been no maladministration.

17. The government has published guidance called ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants’. This explains that landlords have a responsibility for fitting smoke alarms and states that smoke alarms can either be battery–operated or mains powered. It is the landlord’s choice as to which.
18. The landlord installed mains powered smoke alarms at the property, and in accordance with its repairs policy, was responsible for maintaining these alarms. It is clear the resident objected to the smoke alarms being changed to mains powered, because from February 2023 he raised concerns over the cost of running them.
19. The landlord’s records show it noted the resident was worried about this issue and raised the same point on multiple occasions. The landlord met with the resident and emails were sent internally about this specific concern he had. However, the landlord does not seem to have fully addressed the problem until it responded to the resident’s 9 September 2024 complaint. At that point the landlord explained that having conducted a test by cutting all power to his property to test the supply on 17 September 2024, it found the communal lights and smoke alarms were fed from an external supply. Therefore, the resident was not being charged to run the mains powered smoke alarms.
20. While the landlord did eventually address this point, it took about 18 months for it to test the system and clearly confirm the position to the resident, during which time the resident was clearly worried and frustrated. Although a site visit was eventually arranged, the landlord could have been more proactive and attended much earlier, when it was first made aware of the resident’s concern over how the smoke detectors were powered. Had it done so, it could have explained the position to the resident much sooner and this may have alleviated his worry. The landlord’s failure to do that for 18 months amounts to maladministration.
21. When the landlord responded to the complaint, it failed to acknowledge that there had been a delay fully investigating this issue and notifying the resident of the outcome of its investigation. The landlord’s compensation policy from the time says compensation can be paid to recognise distress caused by a service breakdown such as this. It suggests where there has been medium impact on a resident, which is the case here as he had to raise the issue several times to get it resolved, and failed to get an answer for some time, £250 compensation is reasonable. This amount is also in line with our remedies guidance, so to recognise there was a delay in the landlord addressing this point we find that compensation of £250 would be a reasonable remedy here.

22. The resident’s complaint of 9 September 2024 was acknowledged the same day and a stage 1 response issued 8 working days later. Therefore, the landlord complied with its obligations under its complaints policy. It was on 20 January 2025 when the resident indicated he remained unhappy, and the landlord spoke with him to clarify what issues he wished to escalate, on 24 January 2025. The complaint escalation was acknowledged the same day and the stage 2 response issued 18 working days later.
23. Each of the landlord’s responses addressed the points made by the resident and were sent promptly, in line with the timescales set out in its complaints policy. Therefore, its complaint handling was reasonable.

Learning

Communication

24. The landlord could have communicated better with the resident over his concern about the fitting of new smoke alarms. This led to him having to raise the issue on a few occasions and meant he worried about the issue longer than he needed to.