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London Borough of Islington (202426388)

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REPORT

COMPLAINT 202426388

London Borough of Islington

30 July 2025

 

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 reports of:
    1. Her personal belongings being lost whilst being transferred into temporary accommodation.
    2. Damp and mould within the property.
    3. Drainage issues in the kitchen.
    4. A boiler repair and being without heating and hot water at the property.

Background

  1. The resident is a secure tenant of the landlord at her permanent property. The resident was moved into temporary accommodation in 2016. This was because the landlord needed to carry out refurbishment works within her permanent property. The landlord has confirmed the resident has retained her secure tenancy and will return to her permanent property once it has completed the refurbishment. This complaint relates to the resident’s temporary accommodation, a 1-bedroom flat.
  2. The resident has said she has been diagnosed with a number of medical conditions including a lung condition, which the landlord is aware of.
  3. Between May 2023 and August 2023,the resident reported on multiple occasions that her boiler was not working, and she had no heating or hot water at the property.
  4. On 18 July 2023, the resident raised a stage 1 complaint about the landlord’s handling of the repairs to the boiler. The landlord provided a stage 1 complaint response to the resident’s complaint on 2 August 2023. The landlord repaired the boiler and restored the heating and hot water at the property on 24 August 2023.
  5. Between December 2023 and January 2024, the resident reported the boiler at the property had stopped working again. The landlord’s operative visited the property on 17 January 2024. The operative said they drained the boiler system and then tested it. The operative said the boiler was working when they left the property.
  6. On 19 April 2024 the resident reported she had no heating or hot water. The landlord’s operatives attended the next day. The operatives said they left the property without completing the works due to the resident acting in a threatening manner towards them. The resident denied this.
  7. On 22 April 2024 the resident raised a complaint about the landlord’s handling of her reports about the boiler and being without heating and hot water at the property. She wanted the landlord to investigate and restore the heating and hot water at the property.
  8. Between 24 April 2024 and 1 May 2024, the landlord:
    1. Carried out a gas safety inspection at the property.
    2. Repaired the boiler.
    3. Raised a works order to upgrade the boiler system at the property.
  9. The landlord provided its stage 1 complaint response on 7 May 2024. It apologised and awarded the resident £25 compensation for its delay in logging her complaint. The landlord said it acknowledged the resident was entitled to compensation for being without heating and hot water between 18 April 2024 and 23 April 2024. It said it would be in touch to provide compensation in respect of this.
  10. On 8 May 2024 the resident asked the landlord to escalate her complaint. She said the comments made by its operatives about her behaviour were untrue and requested their names, as well as the crime reference number relating to their report to the police that she had threatened them.
  11. On 4 June 2024 the landlord provided its final response to the resident’s complaint. The landlord accepted that the resident and its operative’s account of the incident on 19 April 2024 were different, and that both parties had been affected. The landlord said it had repaired the boiler which was now in a good condition. The landlord also said it had made attempts to contact the resident to carry out the upgrade of the boiler system.
  12. The landlord awarded the resident £6.88 for the loss of heating and hot water between 18 April 2024 and 23 April 2024 which it had refunded to her rent account. It apologised for its delay in providing this compensation.
  13. On 2 October 2024 the resident reported her kitchen sink would not drain which the landlord responded to and repaired by 11 October 2024.
  14. The resident remained dissatisfied with the landlord’s final response to her complaints. She brought her complaint to the Ombudsman stating that:
    1. Her personal belongings had been lost when she moved into the temporary accommodation in 2016.
    2. The disrepair including the damp and mould within the temporary property had impacted her health since 2016.
  15. The resident is seeking compensation for the distress caused by the landlord’s errors in its handling of the repairs she has reported.

Assessment and findings

  1. When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.
  2. The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.

Scope of investigation

The resident’s concerns about her personal belongings being lost whilst being transferred into temporary accommodation

  1. Section 42.c of the Housing Ombudsman Scheme states that we may not consider complaints which, in the Ombudsman’s opinion were not brought to the landlord as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising.
  2. The resident has said that her personal belongings were lost when the landlord transferred her into temporary accommodation in 2016. We understand this will have caused the resident distress. The information we have been provided shows the resident brought this to the attention of the landlord in 2024 but has not raised this as a formal complaint.
  3. We encourage residents to raise complaints in a timely manner. This is so the landlord has a reasonable opportunity to consider the issue when they occur, or soon after, and the evidence is available to reach an informed decision. For this reason, we will not consider this aspect of the resident’s complaint.

The resident’s reports of damp and mould within the property

  1. Section 42.a. of the Housing Ombudsman Scheme states that we may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s [landlord’s] complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
  2. We have taken into consideration the resident has said she has damp and mould within the temporary property. The landlord said the resident submitted a legal disrepair claim about this, but she then discontinued this claim in 2024.
  3. However, there is no evidence the resident raised a formal complaint to the landlord about its handling of damp and mould within the property. Therefore, if the resident wishes to raise a complaint about this issue, she can contact the landlord, and she may be able to refer the complaint to the Ombudsman if she remains dissatisfied with the landlord’s final response to her complaint.

The resident’s concerns about drainage in the kitchen

  1. The evidence shows that on 2 October 2024 the resident reported that the water in the kitchen sink would not drain. The landlord said it responded to this as a request for service and the kitchen drainage was resolved by 11 October 2024. We have not been provided with any information the resident raised a formal complaint to the landlord about its handling of this repair. There is a difference between requesting a service and raising a complaint. A complaint is an expression of dissatisfaction with a service which was requested previously.
  2. Therefore, if the resident wishes to raise a complaint about the landlord’s handling of this repair, she can contact the landlord, and she may be able to refer the complaint to the Ombudsman if she remains dissatisfied with the landlord’s final response.
  1. As part of her complaint, the resident has said that her health has been affected by the disrepair and presence of damp and mould within her home. We acknowledge what the resident has said. It is widely accepted that damp and mould can be damaging to health, particularly for those who are vulnerable.
  2. However, it is outside the Ombudsman’s remit to establish whether there was a direct link between the landlord’s actions or inaction and the specific health conditions of the resident. Matters of liability for damage to health are better suited to a court or liability insurance process to determine. We have considered the distress and inconvenience the resident experienced as a result of any errors by the landlord as well as the landlord’s response to the resident’s concerns about her health.
  3. The resident has said she has had issues with her boiler and has gone through periods of having no heating or hot water since moving into the property in 2016. We acknowledge what the resident has said. We have also seen evidence the resident raised a complaint about this issue on 18 July 2023. The landlord provided its stage 1 complaint response to the resident’s complaint on 2 August 2023.
  4. However, there is no evidence to show the resident asked the landlord to escalate her complaint to stage 2 of its complaints procedure. Therefore, it would have been reasonable for the landlord to have considered its handling of this complaint was closed following its stage 1 complaint response.
  5. The resident next raised concerns about the boiler and being without heating and hot water at the property in December 2023. As this was several months after the stage 1 response, the landlord was entitled to treat this as a new issue rather than a continuation of the same complaint. Therefore, we have considered the resident’s reports about this issue from this date, December 2023 to the landlord’s final response on 4 June 2024.

Policies and procedures

  1. The landlord’s repairs handbook states it is responsible for the installations for room and water heating fitted by the landlord. It sets out a number of categories as to how the landlord will respond to repairs. This includes the following:
    1. Emergency – This is where there is an immediate danger to a person, or serious risk of damage to the property. Its contractor will respond within 2 hours and make the repair safe.
    2. Urgent – This is where the repair affects a resident’s day-to-day living. Its contractor will respond within 24 hours.
    3. Recall – This is a repair that needs to be repeated due to a problem with the original work done, or failure of a part used. The landlord will complete this type of repair within 5 working days.
    4. Routine – This is a non-urgent repair which the landlord will respond to at its next available appointment. The landlord will complete this type of repair within 20 working days.
  2. The landlord has a 2-stage complaints process. It will acknowledge a resident’s stage 1 complaint within 5 working days. It will then provide its written response at stage 1 within 10 working days of its acknowledgement. The landlord will provide its stage 2 response within 20 working days. It will provide a resident with an explanation if it requires more time to respond, at either stage. This will not exceed a further 10 working days without good reason.

Reports about a boiler repair and being without heating and hot water at the property

  1. Between 15 December 2023 and 17 January 2024, the resident raised 3 reports that she had intermittent heating and hot water. On each occasion the landlord responded to the resident within 24 hours. This was appropriate because the landlord responded to the resident’s reports as an urgent repair which it states it will respond to within 24 hours.
  1. During the first 2 incidents the landlord told the resident needed to change the batteries and mount the wireless thermostat on the wall as the device kept losing signal. On the third incident the landlord drained the boiler system and recharged the expansion vessel. This was reasonable as on each occasion the landlord repaired the fault and left the property after confirming the boiler was    working.
  2. On 18 April 2024 the resident reported she had no heating or hot water at the property. The landlord’s operatives attended the next day. The landlord acted in line with its repairs policy because it raised an urgent repair and responded to the resident’s report within 24 hours.
  3. The 2 operatives who visited the property said they told the resident she should not have removed the casing from the boiler. The operatives said the resident then responded by shouting and acting aggressively towards them, so they left without repairing the boiler. One of the operatives said the resident struck them with the front door as they left the property which they reported to the police.
  4. We acknowledge the resident does not agree that her actions towards the landlord’s operatives were as described. The resident also said the operatives did not present any identification which we understand is disputed by the operatives.
  5. Where there are conflicting accounts of what happened during an incident and a lack of independent evidence to support either account, the Ombudsman as an impartial arbiter cannot determine what happened. However, where the operatives felt they were not safe, it would have been reasonable for them to remove themselves from the property without completing the repair. This would have also been the most appropriate way to de-escalate the situation. This is not a judgement on the resident’s behaviour, it is a general principle that staff do not have to work somewhere they do not feel safe.
  6. We would expect all members of the landlord’s staff, and any contractors working on behalf of the landlord to provide adequate identification when visiting resident’s homes, and to provide this upon request by a resident. This is to ensure residents feel safe by knowing who is accessing their homes.
  7. The landlord has a responsibility to consider the health and safety of its staff. Therefore, based on the information provided by the operatives, the landlord acted appropriately by interviewing them about the incident. It was also positive the landlord told the resident in its final response that it accepted the resident disputed the account given by its operatives and it accepted that all parties had been impacted by the incident.
  8. It was reasonable the landlord referred the incident to its legal team to consider how the landlord should safely access the property to repair the boiler. The landlord’s operatives then acted on its legal advice and visited the property on 24 April 2024. The operatives carried out the repairs to the boiler, as well as completing the yearly gas safety inspection, with the resident’s housing officer present to assist the resident. This was an appropriate response, as the housing officer was able to support the resident whilst the landlord’s operatives completed the repair.
  9. Between 25 April 2024 and 1 May 2024, the resident made 2 further reports that the heating and hot water at the property had not been fixed. On each occasion the landlord acted appropriately by responding to the reports as an urgent repair, within 24 hours, and left with the boiler, heating and hot water working.
  10. We understand these multiple visits caused the resident, who was vulnerable, significant distress due to the landlord’s operatives needing access to the property. However, it is accepted that sometimes where the repair may be more complex or have multiple faults, this can take more than 1 visit to fully resolve the issue.
  11. On 1 May 2024 the landlord said it would arrange for a survey of the heating and hot water at the property. This was so it could upgrade the boiler system. This was because the landlord’s operative recommended this based on the number of repeated visits to the property to repair the different faults to the boiler. It was reasonable to upgrade the boiler at this point to avoid further repair visits which would inconvenience the resident.
  12. We understand the landlord attempted to carry out this survey and made 3 appointments between May 2024 and October 2024. We are not commenting on the reasons the resident has refused access to allow the landlord to carry out this survey. However, it was reasonable the landlord had attempted to complete these works to prevent the resident having further issues with her boiler, and lack of heating and hot water at her property.
  13. On 4 June 2024, in the landlord’s final response to the resident’s complaint, the landlord apologised for its delay of 1 month, in refunding the resident £6.88 to her rent account. It said this was for the loss of hot water at her property between 18 April 2024 and 23 May 2024. It is unclear how the landlord has calculated this compensation. However, the landlord’s repairs guide states it carries out its repair in line with the right to repair legislation. This is when the repair cost is less than £250 and is not fixed within the statutory period. For heating and hot water between 1 October and 1 May, this repair must be fixed within 1 day. If the landlord fails to complete this type of repair within 1 day, it must pay the resident £10 plus an additional £2 per day, until it is fixed. This is capped at £50.
  14. The resident was without heating and hot water for 6 days between 18 April 2024 and 23 April 2024. Therefore the landlord should have awarded the resident £10 for the first day it had not completed the repair. It should have then awarded £2 for each of the other 4 consecutive days. This is a total of £18.
  15. There was a failing in the landlord’s handling of its award of compensation to the resident for being without heating and hot water for 6 days in April 2024 as described above.
  16. However, the landlord apologised and awarded the resident £125 compensation within its final response. The landlord said this was for its overall handling of the resident’s reports about the boiler repair and being without heating and hot water at the property.
  1. We have considered our own remedies guidance (published on our website) in respect of compensation. This amount awarded by the landlord is within the range of compensation we would issue if the landlord had not made this offer. The remedies guidance gives examples of an award in this range where there has been a minor failure in the service provided by the landlord. This amount takes into account that the landlord should have paid £18 rather than £6.88 for the loss of heating and hot water.
  2. Therefore, the Ombudsman makes a finding of reasonable redress for the landlord’s errors in respect of the landlord’s handling of the resident’s reports about the boiler repair and being without heating and hot water at the property.

 Determination (decision)

  1. In accordance with paragraph 42.c. of the Housing Ombudsman Scheme, the landlord’s response to the resident’s concerns about her personal belongings being lost whilst being transferred into temporary accommodation is not within the Ombudsman’s jurisdiction to consider.
  2. In accordance with paragraph 42.a. of the Housing Ombudsman Scheme, the landlord’s response to the resident’s reports of damp and mould within the property is not within the Ombudsman’s jurisdiction to consider.
  3. In accordance with paragraph 42.a. of the Housing Ombudsman Scheme, the landlord’s response to the resident’s reports of drainage issues in the kitchen is not within the Ombudsman’s jurisdiction to consider.
  4. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, 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 about a boiler repair and being without heating and hot water at the property.

Recommendations

  1. The landlord should pay the resident the £125 it awarded her in its stage 1 and stage 2 complaint response unless this has already been paid. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.
  2. The landlord should continue to engage with the resident to seek access and carry out a heating survey of the property. The landlord should then set out a further schedule of works for which it is responsible, including timescales, which it is to share with the resident.