London & Quadrant Housing Trust (L&Q) (202346194)

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REPORT

COMPLAINT 202346194

London & Quadrant Housing Trust (L&Q)

29 October 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 resident’s complaint is about the landlord’s response to her reports of no heating and hot water at her property.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident holds a 6-year fixed term assured shorthold tenancy with the landlord. The tenancy began in November 2014. There were 3 other occupants in the 4-bedroom property, including the resident’s adult children.
  2. The resident had intermittent issues with the heating in her property since 2017. Following the installation of a new boiler on 15 November 2021, the resident reported that the heating was not working on 20 January 2022. She also informed the landlord that the radiators in the bedroom and hallway were not working.
  3. The landlord’s heating repair records show that the resident reported no heating and hot water in her property approximately 12 times between 20 January 2022 and 13 December 2023. The landlord arranged for 2 oil heaters to be sent to the resident on 12 December 2023.
  4. On 12 January 2024, the landlord raised works to re pipe the heating system. However, there was difficulty in accessing the pipes. The contractor noted that a carpenter was required to consider how to access the pipes.
  5. The resident raised a formal complaint on 23 January 2024. She expressed her dissatisfaction with the delay in resolving her ongoing reports of heating problems which she stated had resulted in a “significant increase” in her electricity bill. She added that, although the contractors had carried out different repairs, the issue remained ongoing. She noted that the most recent suggestion had been to re-pipe the entire property as the radiator pipes were deemed to be too small which made it challenging for any blockages to be located. The resident felt the landlord should compensate her for the increased electricity costs and the distress and inconvenience caused by the lack of adequate heating. She also said that she was unhappy with the lack of a clear timeline to complete the works to resolve the issue.
  6. The landlord acknowledged the complaint on the same day and advised that a stage 1 response would be issued by 5 February 2024. On 31 January 2024, the landlord apologised for the delay in issuing a stage 1 response and explained that this was because it was awaiting information from its contractors.
  7. Contractors attended the resident’s property on 21 February 2024 to carry out the re-piping works. However, the resident stated that, due to a lack of appropriate paperwork and “clear directives”, no works were conducted on this day.
  8. The resident made a further complaint on 27 February 2024. She was unhappy that she had not had a response to her initial complaint and explained that she had been left without a “reliable heating source”. The resident stated that despite the replacement of the piping in the property, the problem persisted. She also noted that the landlord had only provided 2 gas oil electric heaters for a 4-bedroom property which was “impractical” and “expensive” to run. The resident was also unhappy about the conflicting information she received from the contractor and the landlord about the re-piping works.
  9. The landlord issued a stage 1 response on 29 February 2024. It stated that contractors had attended the resident’s property on 13 December 2023 to “pre-inspect” for re-piping of the heating system and the works were sent to it for authorisation. The works had been authorised and were in the process of being completed. The landlord offered £600 compensation and factored in that the issues had been ongoing since 2021. The landlord also requested a copy of the resident’s electric bills, including bills of normal usage to enable it to draw a comparison.
  10. The resident escalated the complaint on 29 February 2024 as she was unhappy with the level of compensation offered. The resident felt that the compensation did not cover the increased bills, and the issue remained unresolved.
  11. The landlord issued a stage 2 response on 5 March 2024. It stated that the heating issues had now been rectified and it felt its compensation offer was “above and beyond” what would be offered in line with its policy.
  12. On 5 April 2024, the landlord sought further information from the resident regarding the outstanding repair. The resident explained that there was poor coordination between the contractors during the visit on 21 February 2024 and no prior notice had been given to her regarding the appointment. This led to the appointment being rescheduled then cancelled as further guidance was required from the landlord to carry out the works. The resident noted that she had not had any further updates following this and her property remained without heating.
  13. The landlord advised the resident that it was arranging for the works to be booked in and that the pipes would be re-run at surface level as opposed to internally (as initially requested by the resident). The resident expressed safety concerns about the pipes being run externally.
  14. The resident referred her complaint to this Service, explaining that the issue remained ongoing, and she was unsure whether re-piping the property would resolve it. She explained that the ongoing problems caused distress to herself and her family for 3 years and led to electric bill debts of up to £3,000 due to the prolonged use of electric heaters. The resident stated that she wanted the matter resolved and increased compensation as a resolution to her complaint.
  15. The resident informed this Service that the re-piping works were completed in July 2024. She stated that, although the heating appeared to work at the time of completion, she is experiencing problems again. At the time our investigation started, the resident had not yet reported the recent concerns to the landlord.

Assessment and findings

Policies and procedures

  1. The landlord’s repairs policy states that it is responsible for full hot and cold-water supply in the resident’s property. The landlord is also responsible for all types of heating systems, and it had a duty to ensure the resident had access to heating and hot water.
  2. The policy also sets out the landlord’s expected response time for different repairs. For routine day to day repairs, the landlord is to complete the repair in an average of 25 calendar days. For emergency works, which include an immediate danger to the resident or members of the public, the landlord aims to attend within 24 hours. For emergency works which occur out of hours, the landlord will attend within 4 hours. This includes ‘making safe’ the reported issue to lower the immediate risk and the follow-on repair would be arranged and completed at the earliest opportunity.
  3. The target time for a response to a report of total, or partial, loss of heating or hot water between 31 October and 1 May was 1 working day.
  4. The Housing Health and Safety Rating System (HHSRS) is concerned with avoiding or minimizing potential hazards. The landlord has a responsibility to keep a property free from category 1 hazards. Excess cold is a potential hazard and therefore the landlord is required to consider whether any concerns relating to cold temperatures in its properties amount to a hazard that may require remedy.
  5. The landlord’s compensation policy notes different situations under which it will consider offering compensation. These include the following:
    1. Statutory compensation under Right to Repair – £10 plus an additional £2 per household per day (for every extra day the repair is not fixed).
    2. Fixed awards for missed appointments.
    3. Compensation for loss of facilities and amenities.
    4. Discretionary compensation for distress, inconvenience, time, and effort.
    5. Reimbursement for any relevant ‘out of pocket’ expenses.

The landlord’s response to the resident’s reports of no heating and hot water at her property

  1. On 20 January 2022, the resident reported that the heating and hot water had not been working in the whole property after the installation of a new boiler. The resident also said that the radiators in the bathroom and hallway were not working. In its related work order, the landlord noted that a senior engineer was required to attend the property to inspect, and an appointment was booked for 24 January 2022. In accordance with the landlord’s policy, following the resident’s report of loss of heating and hot water, the landlord should have attended within 1 working day. The landlord therefore failed to attend to the resident’s reports within an appropriate timescale.
  2. The repair logs provided by the landlord do not detail what took place during the appointment on 24 January 2022. It is therefore unclear whether any faults were identified by the senior engineer and what action was taken to resolve the issue for the resident. The Ombudsman expects landlords to maintain a robust record of contacts and repairs. This is because clear, accurate, and easily accessible records provide an audit trail and enhance landlords’ ability to identify and respond to problems when they arise.
  3. The resident made another report on 2 February and 24 February 2022 that there was no heating and hot water in the property. Again, although the repairs are marked as ‘complete’ in the landlord’s repair logs, it is unclear what action was taken during the appointments to attempt to resolve the issue. It is unclear whether heating and hot water was restored following the visits or whether temporary fixes were carried out.
  4. The resident’s subsequent repeated reports of no heating and hot water indicate that the root cause had not been identified and repaired. Following the resident’s reports in April 2022, the landlord believed the fault may have been with the capacity of the boiler. However, the related works order was cancelled by the landlord on 22 April 2022, as it noted that it was dealing with the “undersized boiler”. There is no evidence to show that any further action was taken by the landlord or the contractor between then and 28 August 2022 when the resident reported the matter again. There was therefore an unreasonable delay by the landlord in attending to the resident’s reports and making proactive effort to correctly diagnose the fault. This was a failure by the landlord, as it meant the resident and her household continued to experience loss of heating and hot water and be inconvenienced by this.
  5. In the winter months, the resident once again reported that there was no heating and hot water in her property. Following a contractor visit, she informed the landlord that she had been told that there was no gas going into her boiler. Once again, although repair appointments appear to have been attended to, the records do not detail what action was undertaken by the landlord. It is therefore difficult for this Service to assess whether the landlord’s action was reasonable and appropriate in the circumstances.
  6. The landlord’s records show that electric heaters were provided to the resident on 12 December 2023. This was 692 days after the landlord first recorded the report of no heating and hot water in the property. Where the landlord identifies that a problem with the heating and hot water cannot be resolved quickly, and within the timescales set out in its policy, it should ensure that residents have access to temporary heating, and provide a clear timescale for repairs. There were several missed opportunities for the landlord to supply alternative heating following the resident’s initial report. The delay in providing temporary heaters to the resident was a failure by the landlord, as it meant she was reliant on her immersion tank for heating and hot water.
  7. Furthermore, the resident’s property was a 4-bedroom property across 4 floors. During the winter period, recorded temperatures in the locality fell to minus 6 degrees at the lowest. It was not reasonable for the landlord to only provide 2 electric heaters in consideration of the size of the property and the cold weather. The resident explained to this Service that her household experienced difficulties in showering due to the cold temperatures and the cost of having the immersion heater on. The landlord’s delay in fully restoring the heating and hot water meant that the resident’s household were impacted for a prolonged period and this was likely to have been greater in the winter months.
  8. It was not until 12 January 2024 that the landlord diagnosed the fault was with the size of the pipes and raised works to re-pipe the boiler system. Further, the works were not carried out until July 2024. There was a significant delay between the works being raised and completed. The delays were partly due to a lack of coordination between the different repair teams involved. Given the serious nature of the problem, and the earlier delay in accurately diagnosing the fault, the landlord should have been more proactive and completed the repair with more urgency. The landlord should also have ensured that its contractors were clear on the specifics of the repair. Had the landlord given clear and accurate instructions to its contractors and repair team, the delay in could have been avoided.
  9. The resident informed this Service that only temporary fixes were carried out following her reports and she was reliant on her immersion heater for hot water and heating. She said that this led to increased bills due to the length of time it was being used. The resident raised this issue in her formal complaint. The landlord requested that she provide copies of her electric bills from before and after the increase to enable it to calculate the difference. This was a reasonable response from the landlord as the evidence requested would have allowed it to calculate whether there had been a clear increase and consequently consider a suitable remedy. There is no clear evidence to show that the resident provided the landlord with the requested information and so there was no fault by the landlord in not awarding a reimbursement.
  10. Throughout the landlord’s handling of her reports of no heating and hot water, it is evident that it was the resident’s repeated communication that prompted updates. The landlord failed to keep the resident appropriately informed about the repair and the expected timeframes. The landlord did not manage the resident’s expectations effectively which is likely to have contributed further to the distress and inconvenience experienced by her.
  11. Where there are admitted failings by a landlord, the Ombudsman’s role is to consider whether the redress offered by it put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, the Ombudsman assesses whether the landlord’s offer of redress was in line with our Dispute Resolution Principles: be fair, put things right and learn from outcomes.
  12. In its stage 2 response, the landlord upheld its earlier stage 1 offer of £600 compensation. This was in recognition of the distress and inconvenience caused by the matter over 3 years. The landlord stated that the repair had been carried out and the heating problem was rectified. It is unclear what information the landlord relied upon to determine that the issue had been rectified as it is clear from the repair records that the re-piping works had not been carried out at the time of the stage 2 response. Therefore, the matter remained outstanding and the landlord’s stage 2 response was inaccurate.
  13. In the Ombudsman’s view, the landlord’s total offer of compensation was not fair. There was more than 2 years between the resident’s first report after the boiler renewal and the landlord carrying out the re-piping works. Given the delay in carrying out the repair, the lack of clear communication from the landlord throughout its handling of the matter and its failure to provide adequate temporary heating at the earliest opportunity, the Ombudsman has made a finding of maladministration.
  14. The landlord’s offer of £600 did not appropriately take into consideration the impact of intermittent heating and hot water on the resident and her household over an extended period of time. There was additional frustration caused to the resident and her family members who repeatedly had to bring the matter to the landlord’s attention. The landlord failed to respond to the resident’s reports with appropriate urgency, act proactively with regards to its contractors and it failed to act in accordance with the timescales set out in its policy.
  15. It is the Ombudsman’s opinion that the landlord also failed to maintain adequate records, which has impacted this Service’s ability to carry out a thorough investigation, as highlighted at various points throughout this report. This likely contributed to the other failures identified in this report.
  16. The landlord is ordered to apologise to the resident and pay the following compensation in addition to the £600 it offered through its complaints process:
    1. a further £300 for the loss of enjoyment of the resident’s home for the period the heating and hot water was not working adequately;
    2. a further £300 for the distress and inconvenience caused by the additional failures identified.

Complaint handling

  1. The landlord’s complaints process consists of 2 stages. Its policy states that all stage 1 complaints should be logged and acknowledged within 5 working days and a full response is to be issued within 10 working days.
  2. Stage 2 complaints are to be logged and acknowledged within 5 working days and a full response is to be issued within 20 working days from the escalation request. Where the landlord requires longer to issue a response, it will write to the resident within a further 10 working days.
  3. The resident made her complaint on 23 January 2024. The landlord appropriately acknowledged the complaint on the same day. This was within the 5 working day timescale set out in the landlord’s complaints policy.
  4. In accordance with its policy, a stage 1 response was due by 6 February 2024. It was appropriate for the landlord to notify the resident that its response would be delayed when it became aware of this. However, the landlord failed to provide the resident with an expected response date. It would have been reasonable for the landlord to have given the resident an updated response date and thereafter kept the resident informed if there were to be further delays.
  5. The landlord’s failure to manage the resident’s expectations by keeping her appropriately updated led to her making another complaint on 27 February 2024. This inevitably will have led to further frustration for the resident and a concern that the matter was not being taken seriously.
  6. The landlord issued a stage 1 response on 29 February 2024. This was approximately 18 working days outside of the timescales set out in the landlord’s policy. The landlord failed to acknowledge the delay in its complaint response or make an attempt to put things right.
  7. There was service failure by the landlord in its handling of the resident’s complaint. This is due to the landlord’s failure to manage the resident’s expectations with regards to the delay in issuing a complaint response.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of no heating and hot water at her property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s complaint.

Orders

  1. The landlord shall take the following action within 4 weeks of the date of this report and provide the Ombudsman with evidence of compliance with these orders:
    1. The landlord is ordered to apologise in writing to the resident for the failings identified in this report.
    2. The landlord is ordered to pay the resident £650 compensation in addition to the £600 offered in its complaint response. This is made up of the following:
      1. £300 for the loss of enjoyment of her home for the period the heating and hot water was not working adequately.
      2. £300 for the distress and inconvenience caused by the additional failures identified.
      3. £50 for its failure in relation to its handling of her complaint.
    3. The landlord is ordered to uphold its offer to review the resident’s electric bills and identify whether there was a quantifiable increase which it will reimburse her for in accordance with its compensation policy. Copies of the resident’s electric bills have been provided to the landlord along with this report.

Recommendations

  1. If the resident is still experiencing problems with her heating and hot water, it is recommended that the landlord arranges for a senior surveyor to attend the property and carry out an inspection. The findings of the report should be shared with the resident and a plan of action, including timescales, should be agreed with, and provided to, the resident.