The Guinness Partnership Limited (202503999)

Background

1. The resident reported a communal radiator repair on 24 January 2025 and 21 February 2025. He made a complaint on 28 February 2025 as he was unhappy the repair had been delayed because of an error by the landlord. The managing agent completed the radiator repair in July 2025.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s compensation request for the delayed communal radiator repair.

Our decision (determination)

3. There was reasonable redress which satisfactorily resolved the complaint about the resident’s compensation request for the delayed communal radiator repair.

Reasons

4. The landlord correctly advised the resident that it is not responsible for communal repairs in the building. It said the managing agent is responsible for communal repairs. This is because the landlord is not the freeholder (it does not own the building).
5. Its repair policy currently states that the landlord has no control over how quickly the managing agent will complete communal repairs. This means residents do not currently have an agreed timeframe within which they can expect communal repairs to be completed. In response to this complaint, however, the landlord identified a number of service improvements to improve the response to communal repairs. This was appropriate, and the proposed service improvements are detailed in the learning section below.
6. The landlord’s compensation policy allows for payment of compensation where it is at fault. It sets out compensation ranges that reflect the level of impact on the resident.
7. The landlord accepted responsibility for 2 reporting errors that delayed notifying the managing agent of the radiator repair until March 2025. It apologised to the resident and offered £50 compensation. It also identified appropriate service improvements to help prevent future occurrences.
8. Although the repair was not completed until July 2025, this further delay was outside the landlord’s control. As set out in the repairs policy, the managing agent is not required to abide by the landlord’s repair timeframes. The compensation offered by the landlord was in line with its compensation policy for minor service failures that cause distress and inconvenience. This was proportionate given the minor impact, as the radiator was in a communal area rather than inside the resident’s home. It was also consistent with our remedies guidance for distress and inconvenience caused by a service failure.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Learning

9. Our spotlight report on landlords’ engagement with private freeholders and managing agents, Housing Ombudsman Spotlight report on managing agents March 2022, recommends that landlords should have, or actively seek, clear service level agreements with managing agents and/or freeholders. It also recommends that landlords should review their agreements to clarify roles and responsibilities for those buildings where the landlord itself is the leaseholder. They should then ensure an effective mechanism to clearly and accurately communicate this to residents, staff and contractors.
10. The following service improvements the landlord has identified positively align with the recommendations of our spotlight report which should help improve future response to communal repairs. The landlord has advised:
    1. It has created a new managing agent team to manage all relationships with managing agents.
    2. It will work with the managing agent to set up a service level agreement.
    3. It will review its policies and procedures for activities involving managing agents.
    4. It will ensure changes to agreements are clearly communicated to staff and residents.