Southwark Council (202126857)

REPORT

COMPLAINT 202126857

Southwark Council

21 July 2023

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

The complaint is about the landlord’s handling of the resident’s reports of:
1. A loss of heating and hot water.
2. Leaks from upstairs properties.
The Ombudsman has also considered the associated complaint handling.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
After carefully considering all the evidence, in accordance with paragraph 42(a) of the Housing Ombudsman Scheme, the leaks from upstairs properties that have happened since the landlord’s final complaint response in September 2022, are outside of the Ombudsman’s jurisdiction. Paragraph 42(a) of the Housing Ombudsman Scheme states that, the Ombudsman cannot investigate complaints which, in the Ombudsman’s opinion: are made prior to having exhausted a landlord’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the landlord has not taken action within a reasonable timescale.
This Service does not have any information as to the source or cause of the leaks that have happened since the landlord’s final complaint response. It is not clear from the information provided whether these leaks have the same cause or a different cause from previous leaks affecting the resident’s property. As these leaks have not been escalated via the landlord’s complaint procedure, they have not been considered in this assessment. This is because the Ombudsman is not able to consider complaints that are made prior to having exhausted a landlord’s complaint procedure. This is so that landlords have the opportunity to respond to complaints and resolve issues before the Ombudsman becomes formally involved. If the resident wishes to pursue the incidents of leaks that have happened since the landlord’s final complaint response, he can raise a new complaint with the landlord. He may be able to refer his complaint to the Ombudsman once it has exhausted the landlord’s complaints process.

Background

The resident holds a secure tenancy with the landlord. Throughout the complaints process the resident told the landlord he was disabled on several occasions.
On 19 August 2021 and 16 September 2021, there were leaks from an upstairs property into the resident’s flat. The landlord responded to the leaks within 24 hours and on both occasions identified that they were coming from a leaking heating pipe.
The landlord’s repair log shows that on 21 October 2021, the resident reported that his heating was not coming on. He said he was paying for heating he was not receiving, and it was currently 11 degrees centigrade in his flat. The landlord’s repair log states the resident told the landlord he couldn’t wait in until 8pm that day for a contractor to attend.
On 12 November 2021, the resident contacted the landlord. He said that on 27 October 2021, an electrician had attended his property as the heating pump had been damaged by the leaks from the upstairs flat. The electrician told the resident that the landlord’s contractor would contact him, but no-one had been in contact. The resident said he was in debt to his electricity provider by £200.
The resident submitted a stage one complaint to the landlord on 13 November 2021. He said he had no heating or hot water, and these issues should be classed as emergency repairs. The landlord had not offered any temporary solutions such as electric heaters or alternatives for baths and showers. The resident had bought an electric fan heater which he was paying for. He had been paying the landlord £12 a week for heating but it was not working.
The resident emailed the landlord to say he had not been at home on 18 November 2021 when the contractors came round to fix his heating as he had been in hospital after a fall.
On 25 November 2021, the resident contacted the landlord. He said there had been delays to the repairs being carried out. He said that the contractors had attended on 14 and 15 November 2021, but he had not been informed that they were due to come on those days and he did not like answering the door when he was not expecting someone. The resident said the repair was delayed again as the contractors had not been told in advance what the issue was, and needed to shut down the heating system before they could undertake the work. He said his heating had been restored on 22 November 2021.
The landlord issued a stage one complaint response on 8 December 2021. It said that:
1. The loss of heating was initially thought to be affecting other residents and there had been confusion as to which of its contractors should be sent to repair the problem.
2. Once its contractor had established that the loss of heating was only affecting the resident’s flat, the heating was restored.
3. It apologised for the delays and said it would assess the damage to the resident’s ceiling. It offered the resident £142 compensation. It said the compensation would be deducted from any rent arrears.
On 11 January 2022, the resident complained to the landlord. He said he needed the compensation to pay his debt to his electricity provider. He said he could withhold the money he normally paid for heating from his service charge, but this would mean it would take months for him to pay off the debt.
The landlord responded on 24 January 2022. It said that £18.66 of the compensation had been offset against the resident’s arrears and the remaining £123.34 would be paid to the resident. It said that whilst the leak in the flat above had been repaired, there was still water sitting between the two flats which could continue to drip into the resident’s flat.
On 24 January 2022, the resident told the landlord that his electricity provider was continuing to send him letters about the money he owed them. The landlord advised that payments normally took four to six weeks to be paid, but there had been a delay as a member of staff had left.
On 31 January 2022, the resident complained to the landlord. He said there had been a leak from a different upstairs property into his flat. The fire brigade had been called as the landlord had not responded to its emergency repairs helpline for over an hour. The resident said he was worried about his ceiling caving in.
On 1 February 2022, the landlord sent a stage one complaint response to the complaint the resident had submitted on 11 January 2022. It said that the leak had been repaired. It said it was a one-time leak from elsewhere in the block. It said it would attend the resident’s property on 8 February 2022, to assess the damage.
The resident escalated his complaint to stage two of the landlord’s complaint procedure on 1 February 2022. He said it was not a one-time leak as there had been a further leak into his property the day before. The leaks had damaged his walls, ceiling, and his heat pump, leading to a loss of heating. He said that the issues had taken a toll on his health and had caused him serious stress.
The landlord’s repair log shows that it attended the resident’s property as arranged on 8 February 2022, to assess the damage caused by the leaks.
The resident sent photos of the damage to the landlord on 10 February 2022. He said that the damage to the living room ceiling was largely cosmetic, but he was worried that the kitchen ceiling would develop a hole in it as there were already several small holes in it.
The landlord’s repair log shows that on 11 February 2022, it raised a repair to stain block and decorate the resident’s living room and kitchen to make good the damage after the leak.
The resident contacted the landlord on 20 April 2022, to say that he was not well and did not want the decoration of his flat carried out at the moment. He said that he was in financial difficulties due to not having received the compensation the landlord had offered him.
On 21 April 2022, the landlord contacted the resident to apologise for the delay to the compensation. It said this was currently awaiting authorisation from a manager.
On 13 May 2022, the resident confirmed to this Service that he had received the compensation from the landlord but that this was five months after it had been offered.
The landlord contacted this Service on 30 May 2022, to advise that it had not been able to carry out the decoration to make good the damage the leaks had caused to the property, as the resident had not allowed access for this.
The landlord issued its stage two complaint response on 7 September 2022. It said that its understanding of the resident’s complaint was that he was worried the leaks would reoccur as they had not been fully investigated and he was unhappy about the delay to the compensation. The landlord said that:
1. It must rely on the expertise of its repairs team. It could offer no guarantees that there would not be further leaks. It could not share its investigations in neighbouring properties due to data protection.
2. The landlord apologised for the delay in paying compensation, however, it said that it would not award further compensation for this.
The resident complained to the Ombudsman on 14 September 2022. He said that the landlord had denied all responsibility and did not provide him with a temporary heater. He said he was seeking compensation for the extensive damage to his flat.
The resident has told this Service that since submitting his complaint to the Ombudsman there have been further leaks from upstairs properties into his flat.

Assessment

Scope of investigation

The resident has mentioned in his complaint that his health was affected by the landlord’s handling of the loss of heating and the leaks. This Service does not doubt the resident’s comments about his health. However, it is beyond the Ombudsman’s remit to consider whether there was a direct link between the landlord’s actions or inaction and the resident’s health. This Service can consider any distress and inconvenience caused by any errors by the landlord as well as the landlord’s response to the resident’s concerns about his health.

Policies and procedures

The landlord’s repairs guidance states that both uncontainable leaks, and any loss of heating or hot water between 1 October and 31 March should be classed as emergency repairs and should be repaired within 24 hours.
The landlord’s compensation policy states that:
1. In relation to loss of heating, residents should be awarded £3 per full day of heating lost. It states that this payment of compensation includes reasonable costs incurred by residents for additional electricity usage, should they need to use electric heaters which the landlord supplies to many households. The policy states that residents should also be reimbursed for the heating element in their rent.
2. Where there has been time and trouble caused to a resident, between £50-£250 can be awarded.
3. Compensation will usually be offset against any rent arrears.
The landlord’s complaint procedure (published on its website) has two stages. It states that if residents are not satisfied with the outcome at stage one, they can escalate the matter to stage two. The procedure states that residents will be informed in writing if there are any delays in investigating their complaint.
The Ombudsman’s Complaint Handling Code (published on our website) sets out the Ombudsman’s expectations for landlords’ complaint handling. The Code states that landlords should respond to stage one complaints within 10 working days and stage two complaints within 20 working days. It states that if landlords require more time to respond to a complaint, they should contact the resident to explain the reasons for this and provide a clear timeframe for when the response will be received. An extension of time at either stage should not exceed ten working days without good reason.
The Code also states that landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law, and good practice where appropriate.

Loss of heating and hot water

The landlord’s repairs policy states that it should attend a report of a loss of heating or hot water within 24 hours. However, the landlord’s records show that the resident said he was not able to wait at the property for its contractor to attend when he first reported the loss of heating on 21 October 2021.
It took over a month for the resident’s heating to be restored. This was in part due to the resident not being able to wait in for contractors on the day he reported the loss of heating to the landlord. The resident informed the landlord that he had been in hospital on 18 November 2021, when contractors had been due to attend.
The resident was not expecting contractors on 14 and 15 November 2021, as the landlord had not informed him that they were coming. It was understandable that the resident would have been reluctant to answer the door if he was not expecting anyone. The landlord should have given the resident notice that its contractors would be attending on these dates.
The landlord has acknowledged that there was confusion as to which contractor should be sent to restore the resident’s heating. This led to further delays in resolving the issue. The landlord has acted appropriately by apologising for the delays it was responsible for.
The resident complained that the issue affected his health. The landlord should have responded to this aspect of the resident’s complaint, looking at whether it could take any steps to support the resident and/or refer him to other agencies who may be able to provide support. It would also have been appropriate for the landlord to advise him that he could pursue a personal injury claim with its liability insurer should he wish to do so. It is outside the Ombudsman’s remit to comment on the outcome or handling of insurance claims and therefore we could not comment on the actions of the landlord’s liability insurer if a claim is made to it.
The landlord’s compensation policy, set out above, states that it supplies electric heaters to many households where there has been a loss of heating. The landlord should have checked with the resident whether he had any alternative means of heating and if not, offered the resident the use of a temporary heater until his heating had been restored.
The landlord’s compensation policy, set out above, states that it will offer £3 per full day of heating loss. It states that this amount includes reimbursement for additional heating costs incurred by using electric heaters. The resident was without heating for 32 full days between 21 October 2021, when he first reported the issue, to 22 November 2021, when the issue was resolved. This Service has calculated that the payment due for loss of heating was £3 x 32 = £66. The policy also states that it will reimburse residents for the heating element of their rent. The resident has said that the heating element of his rent is £12 per week. The resident was without heating for four and a half weeks. This Service has calculated that £12 x 4.5 = £54. £66 + £54 = £120.
The landlord has acted in accordance with its compensation policy by offering £3 for each full day the resident had no heating and £12 per week for the heating element of his rent until his heating was restored. The Ombudsman’s remedies guidance (published on our website) states that where maladministration has been identified which will have adversely affected the resident, £100-£600 should be considered. As the landlord’s offer is in line with what the Ombudsman would have offered, this Service is satisfied that there has been reasonable redress in relation to this aspect of the resident’s complaint and the landlord does not need to do anything further in this regard.
The landlord acted reasonably by informing the resident that it would offset the compensation it had offered him, against his rent arrears. It is understandable that this was frustrating for the resident as he had asked the landlord to pay him the compensation directly, so that he could settle the debt with his electricity provider. However, the landlord acted in accordance with its compensation policy which states that compensation will usually be offset against arrears.

Leaks from upstairs properties

The landlord acted appropriately by responding to the leaks of 19 August 2021 and of 16 September 2021, within the 24-hour time frame set out in its repairs guidance. It is understandable that a leak from the same source will have caused the resident distress and frustration, however this Service has not seen evidence to suggest that the leak reoccurred due to any fault of the landlord. When a leak occurred again on 31 January 2022, the landlord attended again within 24 hours.
In his complaint of 1 February 2022, the resident said he was worried that the ceiling would cave in. The landlord acted appropriately by carrying out an inspection of the property on 8 February 2022, to ensure that it was safe. This inspection was carried out within a reasonable timeframe.
The landlord acted reasonably by raising repairs on 11 February 2022, to decorate the damaged areas in the kitchen and the living room. The resident contacted the landlord on 20 April 2022, to say that he was not well and did not want the decoration work to take place at that time. The landlord has informed this Service that it attempted to reorganise the decoration works but that in October 2022, the resident again advised that he was not well and did not want the works carried out at that time. Whilst it is understandable that residents may not be able to allow access for repairs for legitimate reasons such as illness, the landlord would not be responsible for any delays caused by a lack of access. The landlord has acted reasonably by putting these works on hold until such time that the resident advises that he would like the decoration to go ahead. It is recommended that the landlord contacts the resident now to check if he would like the decoration to go ahead unless this has been completed already.

Associated complaint handling

The landlord has acknowledged that there was a delay in the payment of the compensation it awarded to the resident. It explained this was because of a staff member leaving their job and authorisation being needed from a manager before payment could be issued. However, it took five months for the payment to be made. This was three and a half months outside of the landlord’s normal timeframe for paying compensation. The resident repeatedly had to chase the landlord for updates which will have caused him time, trouble, and inconvenience.
The Ombudsman’s Complaint Handling Code set out above, states that landlords must address all points raised in a complaint. The landlord did not address the resident’s complaint that he could not get through to its emergency repairs helpline to report the leak of 31 January 2022, meaning that the fire brigade had to be called instead. This was a failing on the part of the landlord. It should have investigated what the difficulties were in getting through to its emergency repairs helpline, so that it could rectify any issues. It should have responded to the resident on this point to provide reassurance that his concern was being taken seriously.
The landlord’s complaint policy published on its website does not contain timescales for responding to complaints. Therefore, the timescales set out in the Ombudsman’s Complaint Handling Code set out above, have been used when assessing the landlord’s complaint handling.
There were delays in the landlord’s stage one complaint responses of between five to seven working days. While these delays were not significant, the landlord should have adhered to its complaint policy of writing to the resident to inform him of any delays in responding to his complaint at stage one of its procedure.
The landlord’s records show that it escalated the resident’s complaint to stage two of its procedure on 3 February 2022. However, it did not issue its stage two complaint response, until 7 September 2022. This exceeded the 20 working-day time frame set out in the Code for responding to complaints by five months. This delay will have caused time, trouble, and inconvenience to the resident as he was left waiting for a response to his concerns for longer than he should have been.
The Ombudsman’s remedies guidance, set out above, states that where maladministration has been identified that adversely affected the resident £100-£600 should be considered. In the opinion of this Service compensation of £200 should be offered in view of the delays in the landlord’s responses and in its payment of compensation to the resident.

Determination (decision)

In accordance with Paragraph 42(a) of the Housing Ombudsman Scheme, the leaks from upstairs properties that have happened since the landlord’s final complaint response in September 2022, are outside of the Ombudsman’s jurisdiction.
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, resolves the complaint about its handling of a loss of heating and hot water, satisfactorily.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in the way it handled the resident’s reports of leaks from upstairs properties.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in the way it handled the associated complaint.

Orders and recommendations

Orders

The landlord is ordered to pay the resident £200 for its complaint handling errors, within four weeks of the date of this report, ensuring that this Service is provided with evidence of compliance by the same date. This amount is in addition to the £142 offered to the resident through its complaints process.
In line with our service’s established approach, the compensation ordered by the Ombudsman should not be offset against any rent arrears.

Recommendations

It is recommended that the landlord carry out staff training to ensure that:
1. Complaints are responded to within the timescales set out in the Ombudsman’s Complaint Handling Code.
2. All points raised in a complaint are responded to.
The landlord should contact the resident to ensure that it has recorded his disabilities correctly on its systems.
It is recommended that the landlord contacts the resident now to check if he would like the decoration to go ahead, unless this has been completed already.