Thirteen Housing Group Limited (202445642)

Background

1. The resident lives in a 3-bedroom house with her young children. The resident said her boiler had not worked properly for 9 months and she had issues with the hot water. She also wanted compensation for personal belongings damaged by a boiler leak.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Boiler repairs, and compensation request for leak damage.
   2. The resident’s complaint.

Our decision (determination)

3. We found maladministration in how the landlord handled the resident’s boiler repair.
4. We found service failure in the landlord’s complaint handling.

We have made orders for the landlord to put things right.

Summary of reasons

The landlord’s handling of boiler repairs and compensation request.

5. We have found that:
   1. Although the landlord promptly responded to the resident’s repair reports, it did not take into account evidence showing issues with the hot water. It also failed to acknowledge the communication issues that caused the resident unnecessary effort in chasing repair updates.
   2. The landlord did not reasonably consider potential additional gas costs the resident likely incurred due to the boiler fault identified in November 2024.

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

6. We found that:
   1. The landlord issued its complaint responses within the timeframes set out in its policy. However, the stage 2 complaint response did not clearly demonstrate that it had independently reviewed all aspects of the resident’s complaint, as required by the Housing Ombudsman’s Complaint Handling Code.

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.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Recommendations

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

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

7. The landlord said it responded to all of the resident’s boiler related repair reports within its response times. The resident reported ‘no hot water’ on 27 February 2024. The landlord’s records show it attended the next day, on 28 February 2024. This was appropriate as under the landlord’s repairs policy, it was an emergency repair with a response time of 24 hours.
8. The landlord’s repairs policy also states that it aims to complete emergency repairs at first visit but if parts are needed it may take longer. The landlord’s records show that parts were needed to complete the boiler repair. However, the resident had to chase the landlord repeatedly for updates as to when the repair would be completed. The landlord also made efforts to chase the contractor for updates and asked the resident on 01 and 11 March 2024 to contact the contractor directly for an update. It is however a landlord’s responsibility to ensure that repair records are available to ensure timely repair updates, and it should have acknowledged the time and trouble the resident experienced having to chase updates.
9. The boiler repair was completed on 25 March 2024 almost 4 weeks after the resident’s initial report. The landlord said the resident had hot water throughout this period. However, the resident disputed this and said the water was not hot enough to bathe her children. The landlords repair log on 8 March 2024 states that the hot water was not working following the annual gas repair and further parts were needed. An internal email states that the resident had hot water ‘since’ the repair on 25 March 2024 Despite this there is no evidence the landlord considered whether the resident had had hot water issues up until the repair on 25 March 2024, nor did it consider inconvenience these issues likely caused the resident.

10. As part of the repair on 25 March 2024 the contractor raised a job for a plumber to attend and check the mixer tap. The landlord however stated it did not consider this necessary as the hot water temperature had been confirmed that day as 38 degrees in line with temperature settings to prevent scalding. The landlord should have acted on the recommendation of its contractor however to ensure all recommended inspections were completed.
11. The resident said she had boiler issues including hot water issues for 9 months. The landlord stated in its complaint responses that it did not receive any boiler reports from 27 March and18 November 2024 and its records confirm this. Under the landlord’s repairs and maintenance policy residents are responsible for reporting repairs and there is no evidence to show the resident reported boiler issues between March and November 2024. We have therefore been unable to find evidence to show that the boiler issues were ongoing for 9 months.
12. The resident said the boiler repair reported on 18 November 2024 was delayed which the landlord acknowledged in both complaint responses. The reasons for delay (no access visit and parts needed) were understandable. However, the resident again had to chase the landlord for updates which was not reasonable. On 2 January 2025 the landlord confirmed that the parts needed were no longer available and it agreed to replace the boiler. The landlord promptly replaced the boiler on 09 January 2025.
13. In its stage 2 complaint response the landlord said from November 2024 the boiler was working for hot water but no longer topped up by the solar panels and more gas was needed for heating. The resident told the landlord in her complaint she  had to use more gas because of boiler issues but there is no evidence the landlord considered this. The landlord recently told us that the boiler fault would have had minimal impact on gas usage. The landlord should have explained this to the resident, but it did not. Nevertheless, in the interests of fairness we have therefore ordered the landlord to compensate the resident for any additional gas costs the resident can provide evidence for that relate to the boiler fault in November and the replacement boiler on 9 January 2025.

14. The resident also requested compensation from the landlord for items damaged by a boiler leak. She told the landlord on 9 January 2025 that she had disposed of the damaged items due to mould contamination but provided photographs of some of the items that had been stored in the boiler cupboard. The only evidence of damage the resident provided was a photograph of a dartboard which the landlord acknowledged.
15. In its stage 1 complaint response, the landlord stated that it had not received any prior reports of a boiler leak. It acknowledged the possibility that a boiler leak may have been missed and in line with its compensation policy, agreed to consider any evidence of damage to personal belongings.
16. In its stage 2 complaint response however, the landlord said it could not accept liability for damaged items as there were no reports of a boiler leak. The resident told us the boiler leak had been identified by a plumber in November 2024, and the plumber told her he would report it to the landlord. However, the landlord’s file shows the resident contacted the landlord on 11 March 2024 about a leak under the kitchen sink but does not have any record of a boiler leak report.
17. It is the resident’s responsibility to report repairs, and landlords cannot reasonably be expected to act on repairs they are unaware of. However, the landlord in its stage 1 complaint response created an expectation that compensation would be considered if the resident provided evidence of damaged items. We will therefore recommend that the landlord provide the resident with its liability insurance details to enable the resident to submit a claim if she wishes.
18. The landlord responded to repair requests, but it did not appropriately consider evidence showing issues with hot water and inconvenience the resident experienced as a result. Nor did it acknowledge the distress and time and trouble the resident said she experienced having to chase the landlord for updates. It also did not consider the extra gas costs the resident said she had due to the boiler faults. We have found maladministration in the landlord’s handling of the resident’s boiler repair and compensation request. We have ordered the landlord to apologise and pay £200 in compensation. This amount reflects proportionate redress for the failings identified and takes into account the landlord’s prompt action in replacing the boiler. The compensation is in line with our remedies guidance for cases where the resident has experienced an adverse impact and the landlord has made some attempt to put things right.
19. We have also ordered the landlord to reasonable consider any evidence the resident provides of additional gas costs due to boiler faults.
20. We have recommended that the landlord provide the resident with its liability insurance details for leak damaged items the resident may wish to claim for.

21. The landlord’s complaint responses were procedurally compliant. It acknowledged the resident’s formal complaint the same day she made the complaint, on 09 January 2025. It provided its stage 1 complaint response on 15 January 2025, 4 working days later, and within the 10-working day timeframe of its complaints policy.
22. The resident asked the landlord to escalate her complaint on 16 January 2025 which it also acknowledged that same day and within its 5 days acknowledgement time period. It provided its stage 2 complaint response on 30 January 2025 which was within its 20- working day timeframe for handling stage 2 complaints
23. Under the Housing Ombudsman’s complaint code at stage 2 landlords are required to, at each stage of the complaints process, deal with complaints on their merits, act independently, and have an open mind. In its stage 2 complaint response the landlord did demonstrate it had considered the residents complaint afresh. Instead in response to some parts of the resident’s complaint it stated this has been addressed in stage 1 complaint response. This was not appropriate.
24. When a landlord upholds all or parts of its stage 1 complaint response in its stage 2 complaint reply, it should clearly explain the reasons why. This level of transparency helps the resident understand the reasons for its decision and promotes positive communication, which is essential for rebuilding trust. It is also important that the resident can see the landlord has independently reviewed all aspects of the complaint. In this case, we found the landlord’s complaint handling in part fell short of these standards and amounted to a service failure. As a result, we have ordered the landlord to apologise and pay the resident £50 in compensation. This is in line with our remedies guidance where there was a minor failure and the landlord did not appropriately acknowledge it.

Learning

25. The landlord did not acknowledge any learning in its complaint responses. It should consider its approach to stage 2 complaint responses to ensure residents are fully informed of the reasons for its decision at stage 2 of its complaints process.

Knowledge information management (record keeping)

26. Overall, the landlord’s records were sufficient to enable an assessment of the resident’s complaint.

Communication

27. The resident had to chase the landlord for updates on several occasions. This likely added to their distress. The landlord’s stage 2 complaint response could have demonstrated a more transparent and informed approach.