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Peabody Trust (202316643)

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REPORT

COMPLAINT 202316643

Peabody Trust

20 May 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:
    1. The landlord’s handling of the resident’s reports that the property was cold and did not retain heat.
    2. The landlord’s handling of the complaint.

Background

  1. The resident became a tenant of the landlord, a housing association, in August 2022. The property is a mid terraced house with single glazing. The property is within a conservation area. The landlord has said it has no recorded vulnerabilities for the household; however, she made it aware that her son has autism.
  2. Between September and December 2022, the resident made various reports about draughts from the windows and doors, the temperature of the property, and the radiators. In summary:

Radiators

  1. She reported that her radiator was leaking on 1 September and operatives attended on the same day to fix it. On 5 September, she reported that a radiator was not working and still leaking. On 8 September, operatives tightened the pipework.
  2. On 3 October, she reported that the radiators were only heating up halfway. Operatives bled the radiators, topped up the pressure and left them working on 10 October. They attended again on 11 October following further reports and noted that she had bled the radiators. They topped up the pressure and left the heating working.
  3. On 1 November, the landlord raised work to complete a heat loss survey as she reported that the radiators were not suitable or heating the property. Notes from 10 November indicate that operatives had measured several radiators.
  4. Operatives added a cleaner to the heating system on 22 November. She said that the radiators were no warmer on 7 December and asked the landlord to complete a heat loss survey.

Windows

  1. She began to report issues with draughts, and gaps around the windows and doors in the property from 26 September. On 3 October, operatives reported completing work to adjust and install draught excluders around the doors, with no draught coming through after. The also reported adjusting all windows and installing window seal strips to close all gaps.
  2. She pursued her concerns on 5 October and said there were gaps around the windows following the visit. She reported that the draught excluders were peeling off, and the operative did not look at the kitchen window which she could not open. She explained that the single glazing made the property extremely cold. The resident said that this, and the lack of noise reduction, was having a significant impact on her son.
  3. On 19 October, operatives noted that a professional had said the windows did not need to be replaced as they were in a good condition. There were no large gaps and the issue with the temperature was due to single glazing and lack of heavy curtain. They said they had offered to install more draught excluders, but the resident felt they needed to replace the windows. They recommended checking when the windows were due to be replaced internally with its investment team.
  4. She reported further issues with draughts on 21 November. On 24 November, operatives reported that the windows were all working, but a sash was undersized. She pursued her concerns about the windows and draughts on 7 December. On 8 December, the landlord asked operatives to complete a full servicing of the windows and doors.
  1. The resident raised a complaint on 9 December 2022. She said that despite works to the windows and radiators, matters were not resolved. She was losing heat from the top of the windows as there were unsealed gaps, and the radiators did not work in the bedrooms or living room. She said the landlord offered electric heaters but she felt this was not cost effective. She was unable to install curtains to help with the situation as the wall crumbled when she drilled in to install a curtain rail. She wanted it to complete all repairs and asked it to upgrade the windows to double glazing.
  2. The landlord completed a heat loss survey on 15 December 2022. Operatives found that the radiators were hot, and 3 were slightly undersized but not enough to make a “notable difference”. They reported that the underlying issue was the single glazed wooden windows and uninsulated loft space. They recommended surveying the windows and insulation as the poor heat retention counteracted any heat from the central heating system. The landlord approved work to fully service the windows and doors on 19 January 2023 and completed the work around 14 February 2023.
  3. The landlord issued its stage 1 complaint response to the resident on 24 February 2023, finding that:
    1. It completed repairs on 14 February 2023. It recognised that the resident had also explained the challenges of living in the property when it was very cold, and that over Christmas, she needed to leave with her son to stay with friends due to the temperature.
    2. It explained that where there is a loss of heating or hot water, it could compensate residents. It would also consider how its repair contractors responded to the problem. It referenced 3 repair numbers and explained that it aimed to attend emergency repairs within 24 hours and follow on work within 30 days. It suggested that it had completed work within its timescales.
    3. It offered £200 compensation based on the challenges the resident had faced, the impact on her and her son, and the moderate disruption caused from 18 October 2022, when she first reported the problems.
  4. The resident asked the landlord to escalate her complaint on 27 February 2023. She said it had not resolved the problem as the property was still cold and she could not adequately heat it. She explained that even with “working” radiators, rooms did not heat up. She and her son needed to move around and sleep with hot water bottles, and to leave the property in winter due to the temperature. She kept radiators on all day and the rooms were still freezing. She added that the property was not suitable for her or her child who had special needs. She asked the landlord to resolve the issue or move her.
  5. The landlord sent its stage 2 complaint response on 6 April 2023:
    1. In relation to the radiators, it completed a heat loss assessment on 15 December 2022 and this came back satisfactory. It found that all radiators worked efficiently and did not identify faults or recommend work.
    2. In relation to the windows, it said it carried out responsive repairs where items could remain fit for purpose. It would authorise a replacement if this was more economical, or if something was beyond reasonable repair. It completed a survey in May 2022, and it was not scheduled to replace the windows until 2027 based on their condition. It explained that it could complete repairs if required. It provided details about how she could apply for its transfer list and details of its energy advice service.
    3. It identified that she raised her complaint on 9 December 2022, but she did not receive a stage 1 complaint response until “3 February 2023”. It apologised and provided feedback to staff. It said that it was taking steps to improve its complaints service and that the overall level of customer care and service would improve over the next 12 months.
    4. It said it responded promptly in carrying out repairs to the windows and radiators when reported. It had also recognised the time, trouble, and inconvenience caused. It apologised for the delay in providing its stage 1 complaint response and offered an additional £75 compensation, bringing its total offer to £275.

Events following the complaint 

  1. Between 8 April and 15 June 2023, the following occurred:
    1. The resident maintained that the landlord had not addressed her concerns that she could not heat her home and could not install curtains. She said she asked for larger radiators but was told this would not make a difference.
    2. The landlord arranged for a surveyor to attend on 9 May. They noted that there were no curtains over the windows and the resident reported that she could not get fixings into the wall as it crumbled. They suggested that the landlord upgrade the 2 bedroom radiators to double convectors to improve the heating and asked about the date for the window upgrade.
    3. On 17 May, it told the resident that it was waiting for approval to upgrade the radiators. However, on 26 May, it said it was evaluating the best options; its heating team said there were other options that would be longer lasting.
    4. On 2 June, it told her that the most appropriate fix for the heating issues would be to install double glazing. It said it would need to order materials which would take a few weeks. It would then schedule an appointment. It reiterated this on 12 June.
    5. On 14 June, it said that it would be moving the double-glazing investment to 2025. It would therefore not install double glazing as a resolution to the complaint. It recommended that she purchased heavy curtains to aid the new radiators until the reinvestment programme.
  2. On 15 June 2023:
    1. The landlord recommended installing thermal curtains and a pelmet to reduce heat loss. It said that this was her responsibility as a tenant but offered to contribute toward the cost if she provided quotes.
    2. The resident said the proposed actions did not reflect the severity or urgency of the situation. She had taken steps to combat the cold, including leaving the heating on, which had caused financial strain. She also installed thermal curtains in all rooms except the living room. She had attempted to professionally install a rail, but the wall crumbled.
    3. She added that the cold temperatures were unbearable on occasion, meaning she and her son needed to leave the property and stay elsewhere. She believed the landlord was in breach of its obligations to make the property habitable due to not being able to heat it during winter months.
    4. She was unhappy that it said it would be replacing the windows and ordering materials, but had now postponed this until 2025. She could not wait that long and did not feel the timescale was acceptable. She asked it to explain the delay and provide a plan of action.
    5. It responded and confirmed that it had sent its final complaint response, and she could escalate the complaint to us. It said it would like to resolve the matter, but it was not able to provide the resolution she was seeking.
  3. In her communication to us in January 2024, the resident remained dissatisfied that the landlord had not resolved the situation. Despite having the heating on constantly, she said her family needed to wear coats, scarves, and gloves, and sleep with hot water bottles to stay warm during winter. She was concerned that it agreed to upgrade the windows and then delayed this. She maintained that she could not install curtains due to the condition of the walls.
  4. In her recent communication with us in 2025, the resident has said that the landlord has not taken further action. She asked it to provide an update on when it would replace the windows in May 2025 as several contractors had measured the windows, and the local authority had contacted her regarding planning permission, but the contracted company said it had cancelled their services. She remains concerned that it has not communicated with her about this and that no staff appear to know about the work. She has also referenced a recent incident where glass from the window cracked and injured her.

Assessment and findings

Scope of investigation

  1. In her communication with us and the landlord, the resident has referenced how the situation impacted her family’s mental health, and caused a recent injury. We do not doubt the resident’s comments, however, it is beyond our remit to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is more appropriate to be dealt with through the courts as a personal injury claim. Nonetheless, we have considered the general distress and inconvenience which the situation may have caused the resident.
  2. The resident has also referenced a recent repair issue involving a window pane smashing and the landlord’s handling of this repair, alongside her concerns about the lack of communication about the window replacement. These issues occurred after the complaint we are considering, and the landlord needs to be provided with the opportunity to address her concerns under its complaints process before we are able to formally investigate. We have asked the landlord to address her concerns in the orders and recommendations section below.

Policies and procedures

  1. The tenancy agreement confirms that the landlord is responsible for repairing the structure and exterior of the property, including the roof and windows, as well as the internal walls. It is also responsible for repairs to plasterwork, and installations for heating. The resident is responsible for internal decoration, minor plastering work, and maintaining or replacing their own fixtures, such as curtain tracks.
  2. The landlord’s repairs policy confirms that it completes responsive repairs where something is damaged or faulty. It completes planned maintenance as part of an annual program to maintain the structure or safety of the building, or replace a component such as a kitchen, bathroom, or roof. It aims to attend emergency repairs within 4 -24 hours to make safe. It aims to complete non-urgent repairs within 28 days. It aims to complete programmed repairs, including window replacements or roofing work, within 60 calendar days.
  3. The landlord has a 2 stage complaints process. At stage 1, it aims to respond within 10 working days. If a resident escalates their complaint to stage 2, it aims to acknowledge the complaint within 2 working days, and respond within 20 working days. Its policy confirms that it must address all issues raised within a complaint, and that if it is unable to meet its response timeframes, it should contact the resident, explain the reason for the delay, and provide a new response timescale that should not exceed a further 10 working days.

The landlord’s handling of the resident’s reports that the property was cold and did not retain heat.

  1. The resident initially reported her concerns that the single glazing in the property made it “extremely cold” in October 2022 following repair visits related to her windows and radiators. The landlord addressed her individual reports regarding her radiators and doors and windows between September and October 2022 within its emergency and routine repair timescales, which was appropriate. However, she needed to pursue her concerns following the complaint between December 2022 and April 2023 due to a lack of resolution.
  2. The landlord is obliged by criterion D of the Decent Homes Standard to provide the resident with a “reasonable degree of thermal comfort” at the property, which includes effective insulation and efficient heating. The Housing Health and Safety Rating System (the HHSRS) includes a risk-based tool to enable landlords to consider potential hazards. Landlords have a responsibility to keep properties free from category one hazards, including excess cold. Guidance for the HHSRS sets out that a healthy indoor temperature is approximately 21°C and that temperatures below 16°C may pose serious health risks.
  3. We note that the property has an energy performance rating of D, has single glazing and no wall or loft insulation. Social rented homes currently have no formal minimum energy efficiency requirements. However, many social landlords are working to get all properties to minimum Energy Performance Certificate (EPC) band C by 2030, prompted by Government consultation. The landlord is not currently obliged to carry out work to improve energy efficiency but should consider this as part of any planned programmes of work.
  4. However, where a resident reports that their property is extremely cold, the landlord should ensure it is meeting its obligations by resolving any contributing repair issues and completing a heat loss assessment. A quality heat loss assessment should generally establish the causes of the heat loss, whether the rooms reach a suitable temperature and whether radiators are adequately sized and efficient for each room. It should ensure there are no contributing factors such as improper use of the heating system, furniture placed in front of radiators, or other repair issues which may also result in inadequate heat within the property. It is expected to act on any recommendations made and ensure it meets its obligations in line with the decent homes standard.
  5. Following the resident’s concerns on 5 October 2022 about the quality of repairs and incomplete draught proofing, and that the property was “extremely cold”, it was reasonable for the landlord to consider whether it should replace the single glazed windows. On 19 October 2022, it found that the windows were in a reasonable condition and did not require replacement. It was not obliged to replace windows outside of a planned programme of works unless there was evidence of disrepair for which it was responsible. However, staff recommended checking when it was due to complete cyclical works, which it did not do until March 2023, around 5 months later.
  6. We have not seen evidence to show that the windows needed to be replaced at the time due to disrepair. However, it was reasonable for it to raise work (around 8 December 2022) to complete a full service of all the windows, doors, and draught proofing to mitigate the impact on the resident. We note that the landlord has maintained that it completed all works within its repair timescales. It did not approve this work until 19 January 2023 and did not complete the work until around 14 February 2023. This was outside of its routine repair timescales of 28 calendar days, suggesting its response was inaccurate.
  7. The landlord raised work for a heat loss survey on 1 November 2022, and appears to have measured the radiators around 10 November 2022, but there is no further evidence of findings at that time. It took steps to clean the heating system on 22 November 2022, which was reasonable to ensure its efficiency. However, the resident needed to ask it to complete a heat loss survey on 7 December due to a lack of clarity. This took place on 15 December 2022. In view of the resident’s concerns about cold within the “current” winter months, it should have ensured that it completed an adequate assessment from the outset.
  8. Following the assessment, operatives reported on 20 December 2022 that the radiators were hot and 3 were undersized but not enough to make a notable difference. They found that the heat retention issues related to single glazed windows and uninsulated loft space. They recommended surveying the windows and insulation as any heat the central system generated was counteracted by the poor heat retention. While the landlord took steps to address the windows, we have not seen evidence to suggest that it considered its position regarding the uninsulated loft space.
  9. The property may have reached a suitable minimum temperature; however, we have not seen evidence to show that the landlord measured this. It is unclear how it satisfied itself that it was meeting its obligations to ensure the property was habitable and provide a reasonable degree of thermal comfort. It is of concern that despite the resident’s reports of “extremely” cold temperatures when the heating was on, and that she needed to leave the property during winter, the landlord did not provide any transparency or reassurance in its stage 2 response on 6 April 2023.
  10. It is also of concern that it informed the resident on 24 February 2024 that she would need to contact its adaptations team to explain that the property did not retain heat and that she wanted to request larger radiators. Adaptations are alterations or improvements to allow residents with disabilities to continue to carry out day to day activities. While the resident had referenced that her child had autism, it is unclear how it established that her request for larger radiators to enable her to heat the property would be an adaptation.
  11. Despite finding that 3 radiators were slightly undersized, and the heat loss survey recommending surveying the insulation and windows, the landlord said the heat loss calculation came back satisfactory, with no recommendations. While the findings show that the supervisor did not feel that increasing the size of the radiators would resolve the matter due to the heat loss from the windows, it failed to explain this at the time. In addition, it did not show that it had considered whether the temperature and heating efficiency was suitable enough for the resident to wait until the planned window replacement in 2027, or whether some form of intervening action to increase the temperature was required at the time of the complaint. This amounts to a failing.
  12. The resident also raised specific concern within her complaint about the condition of the walls and that she was unable to hang curtains. The landlord’s repair notes indicate that it identified there were no curtains. While hanging curtain rails and minor plastering would be the resident’s responsibility in line with the tenancy agreement, the landlord is responsible for internal walls and major plastering. In view of her report, we would have expected it, at a minimum, to inspect the walls to assess whether there were repairs it was responsible for, such as blown plaster. It did not address her concern or explain its position within its complaint responses which amounts to a failing.

Events following the complaint.

  1. In view of the landlord’s failure to adequately address the resident’s concerns within its internal complaints process, we have considered its actions in the time immediately after the complaint between April and June 2023. We have found that the landlord’s subsequent communication with the resident following the complaint was likely to cause additional frustration and distress to her.
  2. It was reasonable for the landlord to arrange a survey on 9 May 2023 to assess any faults with the heat retention. However, it should have done so earlier at the time of the complaint. The survey recommended upgrading 2 radiators to double convectors to increase the heat output as a “quick fix”, alongside later work to install double glazing, which it would query with the investment team.
  3. Despite informing her that it intended to upgrade 2 radiators, it told the resident on 26 May 2023 that its team had suggested other options would be longer lasting. This understandably led her to believe that it was in the process of providing a resolution. However, it did not provide clarity or transparency at the time. It told her on 2 and 12 June 2023 that it would install double glazing but needed to wait for materials to be manufactured before booking an appointment. It then retracted this on 14 June 2023, confirming that its investment team had included her property within its 2025 programme, and recommending that she install thermal curtains in the meantime. Its decisions ultimately left the resident without a resolution.
  4. It is of concern that despite the landlord’s internal records stating that doing nothing (regarding the heat retention) was “not an option” on 6 June 2023, it said a week later that she would have to, and could, wait until the window replacement in 2025. As above, we have not seen evidence to show that it checked the temperature of the property over the winter period to ensure it was meeting its obligations. It is evident that it felt it needed to replace the windows earlier than 2027. However, it remains unclear as to how it satisfied itself that it was reasonable to wait a further 2 to 3 years for the window replacement. It also did not confirm whether it meant the 2024 to 2025 or the 2025 to 2026 financial year and did not manage the resident’s expectations effectively.
  5. The landlord recommended hanging heavy curtains to combat the heat loss to aid the new radiators on 14 June 2023 but the resident had already explained the difficulties she experienced when installing curtains. Its suggestion was likely to cause frustration. It was reasonable for it to offer to assist with the cost of works on 15 June 2023, and it is unclear whether the resident pursued this. However, it should have done more to proactively investigate and respond to her concerns about the condition of the walls during its complaints process.
  6. While not raised within the complaint, the resident has informed us that the condition of the wall and plastering below several layers of wallpaper (installed by previous tenants) is poor. This meant that she was not able to decorate the property in full without possible damage and has not been able to hang anything on the walls. She has also explained that she hired a professional to install a curtain rail, but this was not successful due to the wall crumbling. With this in mind, we have included an order below for the landlord to inspect the walls and plastering and confirm its position.
  7. Despite recommending curtains to “aid the new radiators”, the landlord did not provide transparency around whether it intended to upgrade the radiators as agreed or explain its position. The resident has said that it has not upgraded the radiators, and we have not seen evidence to show it did. Its internal communication indicates that it felt upgrading the radiators would cause more heat loss, increased energy costs and possible complaints. While this concern is understandable, it should have explained this. It should have considered doing the upgrade as a temporary measure to mitigate the impact of cold temperatures, especially when considering that it did not intend to replace the windows until 2025, and that it had found the radiators to be slightly undersized.

Summary 

  1. We have found maladministration in the landlord’s handling of the resident’s reports that the property was cold and did not retain heat. It did not take sufficient steps to resolve the complaint through its complaints process between December 2022 and April 2023. While it took reasonable steps to service the windows, and ensure the heating system was working, it has not demonstrated that it checked whether the property was able to reach an adequate temperature in line with the decent home standard and HHSRS guidance. It also failed to act on a recommendation that it surveyed the insulation following the heat loss assessment in December 2022 or confirm its position.
  2. While it was not obliged to replace the windows outside of a planned programme of work, it is unclear whether it fully considered whether it was appropriate to wait until the revised timescale of 2025. Addressing the resident’s concerns about not being able to hang curtains, and installing higher output radiators, may have gone some way to address her concerns prior to the planned 2025 window replacement. However, it did not seek to mitigate the impact on her during, or after, the complaint.
  3. The landlord initially offered £200 compensation for the resident’s time, trouble, and inconvenience, but did not recognise any failings in its actions at the time. This figure is not considered proportionate given the additional failings identified in its investigations of her concerns, its subsequent communication, and the impact on her. We have included several orders below in relation to this.
  4. We note that the resident has also raised concern that the landlord has not communicated with her regarding the window replacement (due this year) despite sending different contractors to measure the windows and submitting a planning application to the local authority. In view of the failings identified in this case, we have ordered the landlord to confirm its position below. If she remains dissatisfied with its response, she may wish to raise a new complaint for it to address her concerns.

The landlord’s handling of the resident’s complaint.

  1. The resident initially raised a complaint on 9 December 2022. The landlord did not provide its stage 1 complaint response until 24 February 2023, a period of 52 working days which was significantly outside of its policy timescales. She then asked it to escalate the complaint on 27 February 2023. It provided its stage 2 complaint response on 6 April 2023, which was 28 working days following her request and also outside of its policy timescales.
  2. While the landlord recognised the delay in providing its stage 1 complaint response, it said that it provided this on 3 February 2023. There is no evidence it did so until 24 February 2023 and it is unclear why it did not address this failing as part of its initial response. While the delay at stage 2 was not excessive, it did not acknowledge her escalation request until 13 March 2023, 10 working days later. While it explained that it was experiencing a high demand and expected to be able to provide its response by 10 April 2023, it did not suitably recognise its failings at stage 2.
  3. The landlord is expected to address each aspect of a complaint, engage with the substantive issue, identify failings, and explain how it intends to put matters right within its responses. Its stage 1 complaint response referenced several repair numbers but did not clearly set out any findings. While it said it had completed repairs, it focused on the compensation it could offer, rather than the substantive issue. It should have set out what it would do in response to her concerns that the property was excessively cold. It also failed to comment on her concerns about the condition of the walls and that she could not hang curtains as the walls crumbled.
  4. The landlord’s stage 2 complaint response gave inaccurate information about the findings of the heat loss assessment and did not adequately address her concerns that the radiators did not heat the rooms. While it addressed her request for upgraded windows, it did not suitably engage with her ongoing concerns.
  5. Overall, the landlord’s offer of £75 in recognition of the delays in providing its stage 1 complaint response was not proportionate redress in view of the additional failings identified, including the delay at stage 2, and the quality of its responses, resulting in the resident spending additional time and trouble pursuing a resolution. We have found service failure in the landlord’s handling of the matter and have made several orders below.

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 that the property was cold and did not retain heat.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in it handling of the complaint.

Orders

  1. Within 4 weeks, the landlord is to:
    1. Write to the resident to apologise for the failings identified.
    2. Pay the resident £750 compensation, comprised of:
      1. £600 in recognition of the impact caused to her by the failings in its handling of her reports that the property was cold and did not retain heat. This includes its previous offer of £200.
      2. £150 in recognition of the inconvenience caused by its poor complaint handling. This includes its previous offer of £75.
    3. Visit the property to inspect the condition of the walls and plastering (including the areas above windows), the windows, loft, and radiators.
    4. Contact the resident regarding household vulnerabilities and ensure this is recorded on its systems to inform its approach to delivering its repairs service.
  2. Within 6 weeks, the landlord is to write to the resident to confirm:
    1. The steps it will take to address her concerns related to the condition of the walls and inability to hang curtains or other items, or decorate, along with timeframes for any proposed work.
    2. The actions it has taken to progress the window replacement works, including any limitations it has faced, and the expected timeframe for completing the work as agreed.
    3. Which radiators it has found to be undersized, and the steps it will take to address this concern, with relevant timescales.
    4. Whether it has surveyed the loft insulation and its position on whether, and when, it will install insulation.
    5. Contact details for a staff member who will act as point of contact for works to the property.
  3. The landlord is to provide us with evidence of compliance within these timescales.

 Recommendations

  1. We recommend that:
    1. The landlord considers removing old wallpaper in the property and replastering where needed to allow the resident to decorate without risking damage given her concerns about the condition of the plastering.
    2. The landlord commits to completing a heat loss assessment by the winter months (October 2025) to ensure that the property meets an adequate internal temperature in line with its obligations.
  2. The landlord should confirm its intentions in regard to these recommendations within 6 weeks.