East Midlands Housing Group Limited (202223368)

REPORT

COMPLAINT 202223368

East Midlands Housing Group Limited

15 August 2024

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

1. The complaint is about the landlord’s handling of the resident’s:
   1. Reports of delays in repairing and replacing the gas boiler.
   2. Associated formal complaint.

Background

2. The resident is the assured tenant of a 3-bedroom house, owned by the landlord, where he resides with his wife and 2 adult sons. The resident’s son brought the complaint to this Service and for the purpose of this report, will be referred to as the resident. The landlord had recorded that the household had disabilities and health concerns.
3. The resident raised a formal complaint to the landlord, via this Service, on 4 January 2023. He stated that the boiler was 17 years old and should have been replaced. Repairs undertaken, over the prior 18 months, had taken too long. Multiple members of the household were vulnerable, 2 of whom were wheelchair users, and the lack of heating had a detrimental impact on their health.
4. In its stage 1 response on 18 January 2023, the landlord stated that it had strict criteria for the replacement of boilers. As the parts for the boiler were still available, the decision was made to continue with repairs. The boiler had broken down on a number of occasions in the past 18 months, but repairs had been carried out within target timescales. It apologised for the delay in replacing the boiler, due to its Christmas closure, and offered £221 compensation for the additional cost of electricity to run the temporary heaters.
5. The resident asked to escalate his complaint on 28 February 2023. He stated that the compensation offered did not cover the higher electricity bills and the landlord had failed to acknowledge the detriment to his family. He requested compensation in the amount of £15,280.
6. In its stage 2 response on 11 April 2023, the landlord stated that the boiler had not initially met the qualifying criteria, however, it had replaced it after more clarifications. It apologised for the time taken to resolve the situation and offered £681 compensation. This comprised an increased offer of £346 for electricity costs, £210 for inconvenience, and £125 for delays.
7. The resident remained dissatisfied with the landlord’s response and brought his complaint to this Service. He stated that the compensation barely covered the extra electricity costs and ignored the impact on his family’s health.

Assessment and findings

8. In reaching a decision about the resident’s complaint we consider whether the landlord has kept to the law, followed proper procedure and good practice, and acted in a reasonable way. Our duty is to determine complaints by reference to what is, in this Service’s opinion, fair in all the circumstances.

Scope of investigation

9. In the resident’s correspondence he advised that the lack of heating had caused his father to be admitted to hospital with pneumonia, which had potentially caused long term health effects. He also referred to other household members health relating to chest and sinus difficulties, affected breathing and sleep issues, which in turn had impacted employment. He stated that the situation had put a physical strain on his family and impacted their mental health.
10. This Service has investigated how the landlord has responded to the resident’s concerns and can consider any inconvenience or distress caused, as a result of any service failure by the landlord. However, it is beyond the expertise of this Service to establish legal liability or whether a landlord’s actions or lack of action had a detrimental impact on a resident’s health, nor can it calculate or award damages. Should the resident remain dissatisfied with the landlord’s response, he could consider making a personal injury claim via the landlord’s insurance, alternatively this would be a matter for the courts.

Reports of delays in repairing and replacing the gas boiler.

11. Under section 11 of the Landlord and Tenant Act 1985 the landlord is responsible to keep the structure and exterior of the property in good order. It is also responsible to keep in repair and working order the installations for the supply of gas and boilers.
12. The landlord’s repairs and maintenance policy states that emergency repairs will be responded to within 24 hours. Appointed repairs are carried out at a time and date agreed with the resident, and programmed repairs within 3 months. A total loss of heating in the winter months is classed as an emergency.
13. The landlord’s compensation policy states that it will pay compensation where it has taken time to complete a repair past its due date. This is calculated at £50 for 5 working days, £100 for 20 working days, £180 for 40 working days, and £260 for 60 working days. It may consider compensation where there has been an impact on the resident. This is calculated within 3 bands as follows:
    1. £50 to £250 where there have been instances of service failure with some impact on the resident.
    2. £250 to £700 where there has been considerable service failure or maladministration but no permanent impact.
    3. £700 and above where there has been severe maladministration and a severe long-term impact.
14. The landlord has a responsibility under the housing health and safety rating system (HHSRS), introduced by The Housing Act 2004, to assess hazards and risks within its rented properties. Excess cold covers the threats to health when temperatures fall below the minimum satisfactory levels for relatively long periods. Temperatures below 16 degrees can cause serious health risks for the elderly, including greatly increased risks of respiratory and cardiovascular conditions. Sleeping in cold bedrooms can greatly increase health risks along with the absence of central heating or poor inefficient heating systems. Landlords should be aware of their obligations under HHSRS, and they are expected to carry out additional monitoring of a property where potential hazards are identified.
15. It is not disputed that there was a delay in installing a new boiler. In its stage 1 response the landlord apologised for the delay and inconvenience and awarded £221 compensation for the use of temporary heaters. In its stage 2 response it apologised for the time taken to resolve the situation, acknowledged that its service was “less than desired”, and increased its compensation offer to include inconvenience and delays.
16. When there are failings by a landlord, as is the case here, this Service will consider whether the redress offered by the landlord (apology, compensation and offer to complete repairs) put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, this Service takes into account whether the landlord’s offer of redress was in line with our dispute resolution principles, be fair, put things right and learn from outcomes.
17. In the resident’s complaint he stated that the landlord had failed to carry out timely repairs to the boiler over the previous 18 months and that the boiler had been “temperamental”. Engineers had told him that the boiler was old, needed replacing, and he had experienced periods where he had been without heating for up to 2 weeks.
18. The landlord’s repairs records, for the previous 18 months, showed that:
    1. In August and October 2021, there had been 2 repairs, both of which were attended within its 24-hour repairs timescale.
    2. The gas safety record of 3 May 2022 showed no concerns relating to the boiler.
    3. Between September 2022 and December 2022 there were 4 reports of boiler failures which included a total loss of heating and hot water, and 1 occasion where there was heating and hot water, but the boiler had to be reset.
    4. Records referred to there being vulnerable members of the household, 2 of whom were wheelchair users.
    5. The final repairs record of 14 December 2022 showed that an engineer had attended, completed a temporary fix, but the boiler had failed after the engineer had left the property. The landlord requested a boiler replacement the same day and provided temporary heating.
    6. A new boiler was approved on 28 December 2022 and fitted on 6 January 2023.
19. While not all repairs were completed within the 24-hour emergency timescale, it is not unusual for landlords to need to order parts, provide temporary heating, and return to complete repairs at a later date. However, there was a delay from 14 December 2022 to 28 December 2022 in approving the request for a new boiler, and a further delay in replacing the boiler until 6 January 2023. This left the resident without a fully functioning heating system for a period of 23 calendar days, however, temporary heating had been provided for the period.
20. In its stage 1 response the landlord explained its policy with regard to completing repairs while parts were available and replacing boilers when parts became obsolete. It had continued with repairs as parts were still available. It stated it had provided temporary heaters on 14 December 2023, requested a new boiler to the same day, which was approved on 28 December 2023. It apologised for the inconvenience and delay, which it attributed to its Christmas closure, and offered £221 compensation for the cost of the additional electricity used to run the heaters. It said that it took complaints seriously and had implemented daily meetings with its contractor to monitor repairs and replacements.
21. The landlord’s response was reasonable in acknowledging the delay in replacing the boiler and awarding compensation for the additional cost of electricity. It also demonstrated learning from the complaint in putting measures in place to monitor repairs and replacements with its contractor. However, while it awarded compensation for the additional electricity usage for the period, it failed to offer any recompense in relation to the delay or inconvenience. Its response did not demonstrate any empathy for the resident’s reported health concerns.
22. On 2 February 2023 the resident responded to the landlord stating that while the boiler had been repairable, it was not in good working order. It would work for 30 minutes for each 8 hours which was not sufficient in the winter months. The request for a new boiler had been made over the previous 18 months. He felt that the compensation offer was “less than deserved” and it “undermined the suffering endured”. He provided a breakdown for each family member which explained their health issues and the impact the situation had on them. A compensation figure was attributed to each family member totalling £15,280.
23. In its stage 2 response the landlord repeated its previous explanations in relation to the criteria for replacing boilers. It appreciated that the boiler did require attendance over the previous eighteen months, but it did not meet the qualifying criteria at the time of each repair to install a new boiler. It had subsequently replaced the boiler as further information came to light. It apologised and increased its compensation offer to £681. This comprised an increased offer from £221 to £346 for the use of temporary heaters, £125 for the delay, and £210 for inconvenience.
24. The landlord’s response was reasonable in acknowledging and apologising for the delay. It increased its compensation offer and demonstrated that it had considered the delay and inconvenience caused. Its offer was appropriate and in line with its compensation policy and this Service’s remedies guidance for maladministration, in the range of £100 to £600. It should be noted that it should have considered referring the resident to its insurance department, with regard to his claims that the situation had impacted his health, to enable him to consider making a personal injury claim. That said, this Service finds that the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, satisfactorily resolves the complaint about its handling of the resident’s reports of delays in repairing and replacing the gas boiler.

Associated formal complaint.

25. The landlord operates a 2-stage complaints process. Stage 1 complaints are responded to within 10 working days and stage 2 complaints within 20 working days. When it is unable to respond within the relevant timescale, it may request an extension of 10 working days.
26. The resident contacted this Service on 29 December 2022, advising that he had raised a formal complaint to the landlord on 14 December 2022 but received no response. Following contact from this Service on 4 January 2023, the landlord acknowledged the resident’s complaint on 5 January 2023. It responded at stage 1 of its complaint process on 18 January 2023, 10 working days later and in line with its complaint policy timescale.
27. The resident asked to escalate his complaint on 28 February 2023, acknowledged by the landlord on 6 March 2023. It stated it would respond within 20 working days. On 31 March 2023 the landlord requested an extension to the timescale and stated it would respond to 6 April 2023.
28. The landlord provided its final response on 11 April 2023, 29 working days from when the resident asked to escalate his complaint. While it did not provide its response by 6 April 2023 as stated, which it attributed to an administration error, its response was in line with its compliant policy timescale (20 working days and an additional 10 working day extension).
29. While the landlord apologised for its late response it failed to offer any recompense. It also did not acknowledge that it had failed to initially respond to the resident’s complaint of 14 December 2022 and his need to involve this Service due to receiving no response. This Service, therefore, finds service failure in the landlord’s handling of the resident’s associated formal complaint.

Determination

30. In accordance with paragraph 53(b) of the Housing Ombudsman Scheme (the Scheme) the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, satisfactorily resolved the complaint about its handling of the resident’s reports of delays in repairing and replacing the gas boiler.
31. In accordance with paragraph 52 of the Scheme there was service failure in the landlord’s handling of the resident’s associated formal complaint.

Orders and recommendations

Orders 

32. The landlord is ordered to pay directly to the resident, and not offset against any arrears, £50 for time and trouble in relation to its complaint handling.
33. Within 4 weeks of this determination the landlord must provide evidence of its compliance with the above order.

Recommendations

34. The landlord should pay the resident £681 offered in its stage 2 response if not already paid.
35. The landlord should consider providing refresher training for staff involved in complaint handling to ensure they know when to provide residents with its insurance department details.