Together Housing Association Limited (202224305)

REPORT

COMPLAINT 202224305

Together Housing Association Limited

31 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

1. The complaint is about the landlord’s handling of repairs to the resident’s boiler.

Background

2. The resident is an assured tenant of the landlord. The resident has several physical vulnerabilities that limit his mobility, which the landlord holds a record of.
3. The resident reported boiler issues to the landlord on 6 December 2022, where he stated that the boiler kept losing pressure and he had to keep filling up the water tank, which resulted in increased gas bills. He said that he had been reporting the same issue for over two-and-a-half years, with numerous attendances by the landlord, yet the issues remained. He reported that he spent roughly £150 every two weeks on his gas and was having to use his mobility-support funding to fund the increased costs. He requested the landlord either repair or replace his boiler. The landlord sent an engineer to attend on 7 December 2022, but they could not gain access to the property. The resident was contacted the same day but could not attend.
4. The resident raised a complaint on 8 December 2022, as he was unhappy that he had missed the appointment, explaining that he had informed the landlord he could only do certain times due to taking his child to school and having to walk back. He said that he was reliant on receiving a text message confirming his appointment times, which he only received as the engineers attended the property. He stated that his boiler issues have been ongoing since he moved into his property and that he wished for them to be resolved and compensation offered towards his increased gas expenses. The landlord’s engineer attended the same day, to find pressure loss and that the boiler required a new main heat engine.
5. On 19 December 2022 the resident reported that these issues had affected his physical and mental health and well-being, and that he was struggling to manage financially. It was noted that the landlord had offered to install a new boiler a few days prior (though no evidence of this has been provided), but the resident declined this as he stated that most of the interior components were now new. He said that due to the increased costs, he could no longer afford to fund an alteration for an accessible footpath, his drive way presenting a slip hazard due to his mobility vulnerabilities.
6. The landlord issued its stage one complaint response on 19 December 2022. It did not uphold the resident’s complaint, explaining that it had investigated and found that it had only attended on one occasion where pressure loss was identified on 8 December 2022, and it had fitted a new expansion vessel. It said that it can be difficult to pinpoint pressure issues within boilers but said that losing pressure within the boiler would not result in an increase in running costs. It highlighted that a new boiler was offered to the resident but the offer was declined. In addition, it said that his current boiler was “A” rated on the energy scale and was the most efficient it could provide. It said that an appointment had been made to install the replacement part but did not specify when this was due to take place.
7. The resident escalated his complaint the same day, reiterating that he wished for his boiler pressure issue to be resolved and for some compensation towards his increased gas bill over the last two-and-a-half years. He said that he felt the landlord did not carry out an appropriate inspection of the property before letting it to him. He added that he was annoyed that he had to wait in for so many appointments for the landlord’s engineers to only find that the repairs were unsuccessful and the boiler issues outstanding.
8. The landlord attended on 21 December 2022 to install the new part, and upon testing, no further faults were identified. On the same day, the resident submitted evidence (in the form of receipts) to the landlord to show he had topped up his pre-pay meter by £200 which had reduced to £0 in two weeks, to prove that his boiler was resulting in an increased cost with regards to his gas usage. He mentioned that he was taking his evidence to a solicitor, although no further evidence of legal action was included within the evidence provided.
9. The landlord issued its stage two formal reply on 4 January 2023, which did not uphold the resident’s complaint. It stated that the previous appointment was attended by its lead engineer who reassured the resident that installing the new part would resolve the issue. It said that all checks and readings on the boiler showed that it met the manufacturer’s standards and parameters. It highlighted that many people had experienced an increased gas costs since the cost-of-living crisis, but said his boiler was not losing gas or pressure. It stated the boiler was running efficiently as per its manufacturer’s standards and apologised that the resident felt that his property was not checked before he moved in. It reassured the resident that all properties undergo a check when a tenant moves out, including gas safety checks. It said that as the resident declined the offer of a new boiler, so the next best approach was to replace the main heat exchanger, which appeared to have resolved the issue. It said that pressure loss on heating systems can be very difficult to diagnose due to the potential for water leaks in inaccessible places, but stated that it had been correctly diagnosed as a loss of pressure within the boiler. It referred the resident to its financial support team and Government resources to assist with his increased gas costs.
10. The resident brought his complaint to the attention of this Service, as he remained dissatisfied with the landlord’s handling of the repairs to his boiler. He requested as an outcome of his complaint that the landlord reimburses/compensate him for his financial losses regarding his increased gas bills for the period the boiler was losing pressure over the last two-and-a-half years.

Assessment and findings

Scope of investigation

11. In this case the resident said that he had been reporting pressure loss from his boiler for over two years prior to his complaint, raised on 8 December 2022. However, in accordance with paragraph 42(c) of the Housing Ombudsman Scheme, we may not consider complaints that were not brought to the attention of the landlord as formal complaints within a reasonable period (typically six months) of the matters arising. Whilst the historical incidents provide contextual background to the current complaint, this assessment focuses on events from June 2022, which is six months prior to the resident’s formal complaint being raised.
12. In his communications to this Service on 5 January 2023, the resident reported that he could feel water coming from the pressure link on his boiler, and raised concerns over his thermostat as he was unable to turn off his central heating. However, in accordance with paragraph 42(a) of the Housing Ombudsman Scheme this Service is unable to consider complaints (or aspects thereof) that have not yet exhausted a landlord’s internal complaints procedure. As no evidence has been provided by either party that these more recent reports have exhausted the landlord’s formal complaints process, these too have not been considered in this report. The resident is advised to contact the landlord should the issues persist and to raise it as a separate complaint where appropriate.
13. In his communications to the landlord, the resident stated that living with the boiler losing pressure, and his increased gas costs, had a detrimental effect on his physical and mental health and wellbeing. While the Ombudsman does not doubt the resident’s comments regarding his medical conditions, this Service is unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing and is excluded from this report. Whilst we cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced as a result of any failures by the landlord.

Assessment

14. It is not disputed by either party that the landlord was responsible to repair the boiler, as per the resident’s tenancy agreement. As such, the landlord would be required to attend to the resident’s reports of his boiler losing pressure as an urgent appointment (within 48 hours), conduct a thorough investigation, and make the boiler safe, where necessary. Where further repairs are required, the landlord is obligated, as per its repairs and maintenance policy, to complete any routine repairs within 28 calendar days.
15. It was therefore appropriate, and in line with its repairs and maintenance policy, that the landlord’s engineer attended to assess the boiler on 7 December 2022 following the resident’s reports of pressure loss on 6 December 2022. It completed repairs to the boiler within its policy-stipulated timescales. Its repair records evidence the boiler was assessed on 8 December 2022 which concluded that a new part was required. This was ordered and fitted, with the boiler repaired to full working order on 21 December 2022, within its 28-calendar day timescale. Furthermore, the landlord evidenced that it kept the resident up to date with the progress of repairs by contacting him on 17 December 2022, advising him that the new part had arrived and booked the repairs.
16. According to its gas safety policy and procedure, the landlord is required to annually inspect and carry out a gas safety check on the boiler. When checks are carried out this will be in accordance with the manufacturer’s instructions, standards, and any relevant regulations. It specifies that where works are carried out to a gas appliance, the gas technician will examine immediately thereafter, the effectiveness of the flue, the supply of combustion air, its operating pressure or heat input (or where applicable both), and its operations to ensure its safe functioning. Its gas policy states that the landlord’s technicians will raise safeguarding alerts where appropriate and highlight where financial support may be needed, being mindful of current issues of energy costs.
17. The landlord acted appropriately by conducting a gas safety check annually (which it evidenced) and it conducted its last boiler inspection on 20 September 2022, where no faults were identified.
18. It also responded to the resident’s concerns over his financial losses from his increased utility costs, by referring the resident to its financial support scheme and external government support programs, as per its obligations within its gas safety policy. This was appropriate action to take, particularly as the resident expressed his concerns over being able to afford his gas bills.
19. It is noted that the landlord disputes that the boiler had been losing pressure, prior to the resident’s reports on 6 December 2022. It looked to provide the resident with reassurance that the boiler was not losing pressure previously, and that pressure loss was only recorded on its operative’s attendance on 8 December 2022. While it provided gas flue readings showing that it conducted a thorough inspection of the boiler on numerous occasions, it did not thoroughly explain its operatives’ findings in terms of the resident’s concerns (i.e. why pressure loss was not taking place).
20. Whilst the omission of a detailed explanation of its findings did not change the overall outcome of the resident’s complaint, nor have any lasting detrimental impact, a recommendation has been made for the landlord to ensure that when issuing a formal complaint response, it includes a copy of its operative’s report(s), and explains thoroughly any findings made, ensuring that it has provided a clear rationale for its decision.
21. The landlord looked to put matters right by repairing the boiler to full working on 21 December 2022. It also looked to provide a long-term solution to the resident’s concerns with his boiler by offering to install a new boiler, which the resident rejected as he believed the existing boiler contained mostly “new parts” and felt this should have been replaced some time ago. While the resident’s opinions on this matter have been taken into consideration, no evidence has been provided to indicate that the landlord should have considered replacing the boiler at an earlier opportunity.
22. The landlord had looked to manage the resident’s expectations regarding the outcome of his complaint. It contacted the resident regarding his stage two escalation (though the exact date has not been provided), to state that it was unlikely that it would be able to reimburse him for the increased gas costs, as no further reports of pressure loss were made since repairs were completed on 21 December 2022. While it agreed with the resident that his costs were excessive, it recommended the resident arrange an inspection with his gas energy supplier to ensure that his meter was not the cause of any increase in his gas bills.
23. This was a reasonable action to take, as while the onus is on the landlord to satisfy itself that it had taken all reasonable steps to repair the boiler, it is not responsible to ensure the resident’s meter is working correctly. The evidence, in this case, is suggestive that the repairs on 21 December 2022 repaired the resident’s boiler, as no further reports of pressure loss were made. As such, by referring the resident to his gas supplier not only was the landlord fulfilling its obligations within its gas safety policy to consider his financial situation, but it looked to actively provide a further point of investigation (and potential) resolution for the resident.
24. To conclude, the Ombudsman finds that the landlord acted in accordance with its policies and procedures in response to the resident’s reports of pressure loss to his boiler and a finding of no maladministration has been made as this service is unable to identify any failings. As such, it would be unfair, and unreasonable to expect the landlord to compensate the resident in this instance.

Determination

25. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in regard to the landlord’s handling of repairs to the resident’s boiler.

Recommendations

26. The landlord is recommended to include a copy of its operatives’ findings and to provide a more detailed explanation of the findings when issuing formal complaint responses to ensure that, moving forward, all residents are provided with a clear and detailed response to their complaint.