The Guinness Partnership Limited (202453050)

REPORT

COMPLAINT 202453050

The Guinness Partnership Limited

3 October 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 landlord’s handling of the residents’ concerns about the impact of the major building works.
2. We have also considered the associated complaint.

Background

3. The resident held an assured tenancy with the landlord in a 1-bedroom property. The resident moved out of the property in January 2025 to another property still owned by the landlord. The resident has told this Service that he has mental health concerns.
4. Around October 2022, the landlord began major works in the resident’s block including installing new heating and hot water provision at each flat with individual controls (HIU units). It disconnected the residents heating supply and provided temporary heaters to residents.
5. In February 2023, it sent a compensation form to all residents for this disruption. On 10 August 2023, it provided an update on the works and asked residents to describe any impact of these on them.
6. On 26 October 2023, the resident complained to the landlord about the impact the major works had on him, the key points were as follows:
   1. He was unhappy with the landlord’s decision to not offer compensation.
   2. He had problems with the landlord’s appointments that were not kept.
   3. He has had to be awake by 8am and there was constant knocking on his door and calling on his phone.
   4. The contractors failed to show up on occasions.
   5. There was noise for work preparation before 8am and during work, and the resident has records of the noise from a device.
   6. There were problems about the lack of communal heating, stating that the landlord had removed the heating system while he was still paying for communal heating through his service charges.
   7. He used more electricity and his home was cold.
   8. There was no hot water since the previous day.
   9. The resident suffers mental health problems and the issues were not helping him.
7. On 9 November 2023, the landlord replied at stage 1, the key points were as follows: 
   1. It was sorry for any inconvenience that the planned works had caused the resident and understood his frustration.
   2. It said the works were necessary to bring the building up to standard.
   3. It said while there would be issues along the way, these were often unavoidable and, in most cases, it had taken steps to reduce the impact of these.
   4. For re-imbursement for the time the resident had been without communal heating, it would do any reconciliation by end of the year which would be reflected in the next annual service charge.
   5. It had committed to review whether compensation could be offered to apologise for any stress and inconvenience caused during the time the major works were taking place. The compensation would be reviewed at the end of the project to ensure the whole experience was considered should it decide to make this offer.
   6. As part of its investigation, it had shared the resident’s concerns and would arrange a home visit with the resident to discuss the impact the work had on the resident.
   7. It would also work with the resident to mitigate further negative impact.
   8. It found that the complaint was not upheld. It said, this did not mean it did not understand the impact this was having on the resident.
8. On 24 November 2023, the resident emailed his landlord to say he wanted his case reviewed and escalated due to the disturbance the works caused him. It contacted him to acknowledge this on 21 December 2023. It explained it would investigate and respond after the Christmas break.
9. On 4 December 2023, the landlord hand delivered letters to the residents of the block regarding the temporary heating. It said:
   1. It received feedback from residents saying that the temporary heating it provided was inadequate given the recent drop in the outside temperature.
   2. It was sorry and wanted to do everything it could to improve things for residents.
   3. It had started to hand deliver larger oil-filled radiators from 1 December 2023 and if it missed any resident, it would visit again.
   4. It was aware that during the cold weather, residents may need to have the heating on more during the day which meant additional cost. It was increasing its payment of £42 per week, to £74 per week.
   5. It would pay a total of £1,036 to cover the period from 2 October 2023 to 8 January 2024 and It would pay in 3 lump sums on the following dates: 7 December 2023,14 December 2023 and 21 December 2023.
10. The landlord issued a stage 2 response on 19 January 2024; the key points were as follows: 
    1. It said while its stage 1 response addressed the concerns the resident raised, it could have given more detail and reassurance of the actions it was taking.
    2. It found that it had sent its response on 9 November 2023, which was within the promised 10 working day timeframe, however it was sent by post and the resident advised he did not receive it.
    3. On 17 November 2023, the resident sent photos to support his complaint and it advised the resident it had not considered them as his complaint had already been closed. It said while the information was correct and that the resident had not yet received the response by post.
    4. It reviewed the photos the resident sent on 17 November 2023 and considered it in its review.
    5. On its phone call with the resident on 21 December 2023, the resident explained the reasons for his complaint escalation with further concerns which it considered and addressed individually.
    6. It was sincerely sorry for the overall experience the resident received and for the distress this had caused the resident.
    7. As an apology for the failures identified during its investigation, it would like to offer £75 compensation (£50 for the failures it identified in the handling of the stage 1 complaint and £25 as a goodwill gesture to apologise for the interruption to the hot water).
    8. It was important it learnt from failure and took steps to ensure that the service it provided to its customers improved.
    9. The failures identified in the handling of the complaint were its failure to communicate its findings by phone and to send the outcome by email. The failures had been discussed internally and that further training had been provided to the relevant individual.
    10. It would continue to keep residents updated on the progress of work and would contact the resident to discuss his concerns in detail.
    11. It would also contact the resident to discuss his concerns in the next 48 working hours.

Events after internal complaints process

11. On 1 February 2024 and 14 February 2024, the resident contacted the landlord to say he had been waiting for the landlord to contact him as stated in the stage 2 response.
12. The resident referred his complaint to us on 30 June 2024. The complaint became one that we could consider on 8 April 2025.

Assessment and findings

Scope of investigation

13. Throughout the resident’s complaint, he mentioned he was dissatisfied that he was paying service charges for the communal heating while the heating system was disconnected. Under Paragraph 42(e) of the Housing Ombudsman Scheme, we may not consider complaints that concern the level of service charge or rent or the increase of service charge or rent. The resident may be able to make a claim via the courts in relation to this element of his complaint. The resident may also seek independent legal advice if he wishes to pursue this aspect of the complaint further. However, we can review complaints that relate to how information about service charges was communicated.
14. We are aware that the resident has other complaints with this Service also relating to the major works, however, this investigation will focus on the complaint brought to the landlord’s attention on October 2023 which concluded the landlord’s complaint process on 19 January 2024. We will also consider whether the landlord carried out the actions it promised in its final response.
15. The resident said this situation had a detrimental impact on his health and wellbeing. The courts are the most effective place for disputes about personal injury and illness. We cannot decide causation or liability for personal injury like a court can. However, we can consider the overall impact of the situation on the resident. We have considered the landlord’s compensation offers within our general assessment of the landlord’s handling of his concerns about the impact of major building works. If the resident wants to pursue a personal injury claim, he may wish to seek independent legal advice.

Handling of the residents’ concerns about the impact of the major building works.

16. The landlord is responsible for carrying out planned or cyclical works at the property. It says this is work carried out on an agreed cycle and as part of its planned reinvestment. This includes substantial works carried out over a longer period. However, there are no specific timeframes for completion of major works in its policy.
17. The landlord has provided minimal records related to the start date of major building works. The resident said the works started in October 2022. In the absence of evidence to suggest otherwise, we have considered the works started in October 2022 for the purposes of this investigation.
18. Part of the major works includes installing new heating and hot water provision at each flat with individual controls (HIU units). While we note from the landlord’s record that it paid the resident, £160.31 on 2 February 2023 for disconnecting his gas meter, it is unclear from its record for when it disconnected the resident’s heating or if the resident was aware of the landlord’s intention to disconnect the heating. We are therefore unable to make a determination on this point.
19. On 16 February 2023, the landlord wrote to the resident saying it would make an additional compensation offer of £30 for the issues experienced in November 2022, and from 21 December 2022 to 27 January 2023, a further £60 for the noise issue during this time. It also said it would refund heating and hot water service charges.
20. While it was positive that the landlord acknowledged there were issues and offered compensation, the landlords record shows the compensation payment was made on 18 September 2023, 147 working days later which was unreasonable.
21. In its stage 1 response on 9 November 2023, it said as part of its investigation, it had shared the resident’s concerns and would arrange a home visit to discuss the impact the work has had on the resident. It would also work with the resident to mitigate any negative impact.
22. The landlord carried out an inspection on 27 November 2023, 12 working days after issuing its stage 1 response. We do not have full details of this inspection; however, it is recorded that the landlord noted ‘N’ under the temporary accommodation required section. It is also unclear whether the landlord developed any plans with the resident as it had promised. This is a record keeping failure on the part of the landlord.
23. The landlord hand-delivered larger oil-filled radiators from 1 December 2023 to residents. Although we do not have a record of the exact date the resident received theirs, the delivery is not disputed. The landlord explained that this was intended to support residents in response to the recent drop in outdoor temperatures. This was positive and demonstrated the landlord’s commitment to the resident’s comfort during the winter period.
24. The landlord paid the resident a heating reimbursement cost of £42 per week. However, it is unclear from the landlord’s records when the payment period began. From 1 December 2023, it increased the weekly payments to £74 for when residents are expected to have their heating on for a longer period. This was reasonable.
25. On 3 January 2024, the landlord contacted the resident to discuss the impact of the ongoing major works. During the conversation, the option of temporary accommodation was raised, and the landlord agreed to contact the resident to discuss this further. However, it is evident that despite the resident’s attempts to chase this, there is no evidence to show the landlord considered temporary accommodation at the time, which was not appropriate. However, it is noted that the resident moved out of the property in January 2025.
26. In the landlord’s stage 2 response on 19 January 2024, it said it was sorry to hear about how the resident’s mental health was impacted and that in August 2023, it had completed a personal impact assessment which identified that the resident was impacted because of the noise caused by ongoing works, power tools and that the increased presence of contractors on site was restricting the resident’s privacy.
27. In response to this, it said, it restricted the work that created the most noise to start after 10am and had set up quiet space on site for residents to work or have time away from their home. However, it did not discuss the option of temporary accommodation.
28. The stage 2 response also said, it offered residents window covers to improve privacy while contractor and staff presence was increased. This was appropriate and demonstrated that the landlord made efforts to consider the resident’s needs.
29. The resident reports that he did not have access to hot water on 25 October 2023; however the landlord does not have a record of this report. This Service does not doubt the resident’s account. However, there is no independent evidence to corroborate this event. Therefore, it is not possible for this investigation to make a determination on this point. It is noted however, that the landlord offered £25 as a goodwill gesture to apologise for the interruption to the hot water.
30. The landlord’s stage 2 response evidenced a thorough investigation into the issues raised and explained its reasons for not considering the additional concerns the resident raised, the landlord said, it recognised the impact and disruption these works had caused some residents and that they were considering compensation based on the personal circumstances of each individual resident in-line with its compensation policy. This was positive.
31. We recognise that later offers of compensation were made in June 2025, however, this was well over a year after its final complaint response. This means that this Service does not consider it an offer of compensation made as part of the complaint. This has impacted on the degree to which the offers put right the evident failings.
32. The landlord has acknowledged failings and made attempts to put things right. However, it failed to fully acknowledge and address the detriment caused to the resident demonstrate that it had considered all alternative options available. We find maladministration and order it pays him £250 compensation for the distress and inconvenience experienced. This is in line with the Ombudsman’s remedies guidance where failures have adversely affected the resident but caused no permanent impact.

Complaint handling

33. The landlord operates a 2-stage complaints process. At both stages, it will acknowledge, define and log the complaint within 5 working days. It will then reply to stage 1 complaints within 10 working days of the complaint being acknowledged and reply to stage 2 complaints within 20 working days of the acknowledgement.
34. The landlord’s complaint policy says it may extend these timescales. However, the extensions will not exceed a further 10 working days without good reason at stage 1 and 20 working days at stage 2 without good reason. The landlord will explain the reason to the resident and inform them of the expected timescale of the response.
35. The landlord’s policy also says, where a resident raises additional complaints during the investigation, these will be incorporated into its stage 1 response if they are related. The exception to this is if the complaint has already been investigated and it had provided its stage 1 response, or the new issues are unrelated to the issues already being investigated or these additional complaints would unreasonably delay the response. In these cases, a new complaint will be logged.
36. The resident made his complaint on 26 October 2023. The landlord appropriately acknowledged it the same day and said it would provide a full response over the next 10 working days. This was in line with its policy.
37. The landlord provided its stage 1 response on 9 November 2023, 10 working days after acknowledging the complaint and within the landlord’s published timescales. It stated that the response was posted to the resident.
38. The resident emailed the landlord on 17 November 2023 and on 22 November 2023, chasing a response to his complaint. The landlord responded on 22 November 2023 saying the complaint was resolved on 9 November 2023, and it was sorry that he did not receive the reply. It attached a copy of the stage 1 response to the email. While it was appropriate that the landlord attached a copy of its response for the resident, it could have explained that the original had been sent by post, stating the complaint was resolved may have caused confusion.
39. The resident later emailed the landlord on 24 November 2023 saying the stage 1 response he received was dated 9 November 2023 and at same time, requested for his complaint to be escalated.
40. The landlord replied on 5 December 2023 saying his complaint was closed and therefore, his complaint would need to be escalated, should he wish to proceed, to let the landlord know what he required as an outcome to his stage 2 complaint. This was unreasonable and not in line with its policy which says If the resident decides to escalate the complaint to stage two it will be acknowledged, defined and logged within 5 working days of the escalation request being received. It would have been reasonable if the landlord asked this question while it acknowledged the escalation or afterwards.
41. The landlord acknowledged the resident’s escalation on 21 December 2023, 19 working days from when the resident requested this on 24 November 2023 and 14 days outside of its policy timeframe. There is no evidence the landlord explained the reason for the delay or apologised to the resident. This is a failing on the part of the landlord.
42. The landlord sent the stage 2 response on 19 January 2024, 18 working days from its acknowledgement, which was within its complaints policy timeframe.
43. In the landlord’s letter to the resident on 16 November 2022 it stated that hot water and heating service charges would be refunded for the period between 21 December 2022 to 27 January 2023. However, its stage 2 response clarified that the resident had been overcharged by £234.27 for 2022/23, which would be taken into consideration when preparing the estimate for 2024/25. This contradicted the landlord’s letter of 16 November 2023 and would likely have caused confusion for the resident as they would not know whether to expect a refund or revised estimate for the period 2024/25. This is a further failing.
44. The resident raised additional issues including, inconsistent collection of rubbish, the communal washing machines and dryers which were damaged and took over a month to be repaired on 17 November 2023, after the stage 1 response was issued. The landlord addressed these matters within its stage 2 response of 19 January 2024. The landlord should have logged these as a new complaint so that the resident had the opportunity to put the issues through a 2 stage complaints process.
45. In the landlord’s stage 2 response, it said it would contact the resident within 48 hours to discuss his concerns. While this was a positive step, the resident made further contact on 1 February 2024 and 13 February 2024 to say no one had contacted him. This was a further failing on the landlord’s part.
46. The landlord offered £50 for the failures identified in the handling of the stage 1 complaint. However, we are not satisfied that the £50 was enough to provide the resident with reasonable redress in this case.
47. The stage 2 response said, it would further consider if compensation should be offered to all residents upon completion of the major works. Given the scale and nature of the works, this approach was reasonable. However, the Service also expects the landlord to undertake a sufficient investigation and review all circumstances of the case at stage 2. Had the landlord done this, it would have identified its failings at an earlier time and had the opportunity to put things right at an earlier stage.
48. Given the complaint handling failings identified above, an award of £100, (inclusive of the amount already offered) is considered appropriate for the distress and inconvenience caused in line with the Ombudsman’s remedies guidance, where failures have adversely affected the resident but caused no permanent impact.

Determination

49. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the residents’ concerns about the impact of the major building works.
50. In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the resident’s associated complaint.

Orders

51. Within 4 weeks of this determination, the landlord must provide a written apology to the resident for the failings identified in this investigation.
52. Within 4 weeks of this determination, the landlord must pay the resident £350 in compensation. Inclusive of the £75 already offered. This includes:
    1. £250 for distress and inconvenience caused by the landlord’s failure in its handling of the residents’ concerns about the impact of the major works.
    2. £100 for distress and inconvenience caused by the landlord’s complaint handling failure.
53. Within 4 weeks of this determination the landlord must carry out a review of this case to identify specific learning points from the failings identified during this investigation and outline the actions it will take to ensure similar service failures will not occur in the future. A copy of this report should be provided to this Service.
54. Within 4 weeks of this determination the landlord must confirm its position regarding the offer of compensation in 2025.
55. Within 4 weeks of this determination the landlord must clarify whether the £234 Service Charge overpayment was taken into account in the 2024/25 estimate or refunded to the resident.
56. The landlord should provide this Service with evidence of compliance with the above orders.