Wandle Housing Association Limited (202222581)

REPORT

COMPLAINT 202222581

Wandle Housing Association Limited

31 July 2024

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:
1. repairs to the heating, hot water and ventilation systems in the property.
2. the resident’s concerns about the condition of the property at the start of the tenancy.
3. the associated complaint.

Background

The resident has a tenancy with the landlord which began on 11 April 2022. The property is a 1-bedroom flat. The landlord has no recorded vulnerabilities for the resident. However, the resident said she has physical health issues which affect her mobility.
The landlord’s repair records show that it received reports of issues with the heating and hot water systems in the property from January 2021 until January 2022, when the property became void. The resident first reported issues with the hot water system on 25 April 2022. The resident reported further problems with the heating, hot water and ventilation systems between May 2022 and March 2023.
On 28 October 2022, the resident raised a complaint to the landlord. In her complaint, the resident said:
1. the electric storage heaters in the property were not working.
2. there was a drilling noise coming from the water pump.
3. there was an issue with an extractor fan in the property. The resident said she had reported the issue 2 months prior, but the landlord had not responded to her.
4. she had experienced issues with intermittent hot water since the tenancy began.
5. she was unhappy with the landlord’s handling of repairs in the property. The resident said she was also unhappy that the landlord had incorrectly told her that the issues were the responsibility of a third-party.
6. the issues were affecting her physical and mental health.
7. she had purchased alternative heaters and wanted compensation for electrical usage because of using fan heaters to heat the property.
On 9 November 2022, the landlord provided its stage 1 response. It explained:
1. an operative attended the property on 1 November 2022. The operative agreed for a subcontractor to overhaul 2 storage heaters and the heating elements. The landlord said the contractor would contact the resident to schedule an appointment.
2. it had scheduled a repair on 14 November 2022 to rectify a door closer and a repair or replacement of the meter cupboard.
3. it had scheduled a repair for 28 November 2022 for a plumber and electrician to replace a twin impeller booster pump in the resident’s cupboard.
On 10 November 2022, the resident escalated her complaint. She said she was unhappy with the landlord’s response and had been living in the property for months waiting for repairs. The resident said the issues were affecting her physical and mental health.
On 5 May 2023, the Ombudsman contacted the landlord and asked it to respond to the resident’s complaint at stage 2 of its complaint procedure.
On 2 June 2023, the landlord provided its stage 2 response. It said:
1. it was sorry for the delay in issuing its stage 2 response. The landlord also acknowledged that the stage 1 response did not address all the issues the resident had raised in her complaint.
2. it understood the resident wanted:
  1. the water pump and water tank replaced.
  2. the air vents fixed.
  3. compensation for no heating between April and December.
  4. an explanation of why the issues with the water pump and heating were not addressed before the start of the tenancy.
3. it had completed works in November and December 2022 to the resident’s storage heaters and twin impeller pump. The resident then reported further issues with the hot water not filling the bath.
4. it attended the property on 9 January 2023. The landlord said it found no issue with the water pump, but it said the hot water tap was small and the pump, to make it produce hot water, worked quicker than it filled the bath.
5. the resident reported a leak coming from the water tank on 17 February 2023. The landlord said a plumber attended and drained the cold-water storage tank. The landlord said the resident was left without running water, except for the kitchen, and a new tank was required.
6. to resolve the system fault, it removed the old economy 7 combination water cylinder and replaced it with a new cylinder. The landlord explained that further work was required during the installation to re-site the water supply/cold water storage tank to the cylinder in the loft. In doing this adaption, it allowed for the removal of the booster pump that had been causing the resident some issues. The landlord said that it completed the works and left the system in good working order.
7. the resident then reported that the cold-water supply had stopped in the bathroom. The landlord said it attended the property on 13 April 2023 and cleared an air lock.
8. it had wrongly informed the resident that the heating system was under the responsibility of the gas contractor, when in fact it was the same as the water heating system.
9. it acknowledged there were delays from August 2022 to November 2022 in referring a service and maintenance of the ventilation systems. The landlord said it did not have contractors to service the units which contributed to the delays.
10. it acknowledged an oversight in its voids process where the pump and water tank cylinder were not checked. However, the landlord said when the resident brought the issue to its attention, it arranged for contractors to re-attend.
11. it had arranged for an “MOT” check of the water tank system to ensure the system was working effectively. The landlord said it would contact the resident within 2 weeks to arrange an appointment and to service and maintain the ventilation units.
12. it had offered the resident £1,050 compensation which comprised of:
  1. £50 for not addressing all issues at stage 1
  2. £100 for the delay in its stage 2 response
  3. £100 for an oversight in the voids process
  4. £300 for the loss of heating and delay in resolving air ventilation
  5. £500 for distress and inconvenience.
In referring her complaint to the Ombudsman, the resident said:
1. there were further works required in the property between September and December 2023. The resident said she was unhappy with the landlord’s handling of the repairs, cancellation of appointments and subsequent delays.
2. there are no outstanding repairs in the property.
3. she is unhappy with the level of compensation the landlord offered and feels that this did not reflect the additional delays or level of distress and inconvenience caused to her.

Assessment and findings

Scope of investigation

Paragraph 42(a) of the Housing Ombudsman Scheme states:“42. The Ombudsman may not consider complaints which, in the Ombudsman’s opinion: a. are made before having exhausted a member’s complaints procedure unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale”.
The resident said the landlord completed further repairs to:
1. the kitchen cupboards
2. the kitchen tiles
3. a fire door
4. a bedroom window frame
5. a bathroom window frame.
It is unclear if the resident was unhappy with the landlord’s handling of these repairs. However, the resident did not raise these issues in her complaint on 28 October 2022, or her escalation request on 10 November 2022. That means the Ombudsman has no jurisdiction to investigate these additional repairs in this investigation.
The landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions before the involvement of this service. Any new issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if required.
In the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s complaint made on 28 October 2022 which completed the landlord’s internal complaints procedure on 2 June 2023 and was brought to the Ombudsman for investigation. The Ombudsman has referenced events that pre and post-date this period for contextual reasons.

The landlord’s handling of repairs to the heating, hot water and ventilation systems in the property

The landlord’s repairs policy states it will:
1. complete emergency repairs within 24 hours. The policy states it will attend to gas-heating and hot water failures within 4 hours between 31 October and 31 March or else it will complete repairs within 24 hours.
2. complete appointed repairs within 28 calendar days.
3. upscale the completion of work and complete repairs within 7 days where a repair is treated as urgent.
4. ensure it informs residents if a heating or hot water repair is delivered by a third-party.
A landlord is responsible for maintenance and repairs to ensure the resident has heating and hot water. This includes making the sure boiler is working and safe.

The heating and hot water systems

On 25 April 2022, the resident reported that there was no water coming out of the hot water tap in her bathtub. The landlord identified the repair as “urgent.” The landlord’s repair records show that it attended the property on 23 May 2022 to inspect the issue with the hot water tap. This was 28 calendar days after the resident’s report about the hot water tap. However, it was unable to complete the inspection as there was no access to the property. Irrespective of this, the landlord did not attend the property within 7 days in accordance with its repairs policy for urgent repairs. This was not appropriate.
The evidence suggests that the landlord completed works at the property on 8 June 2022. This was 44 calendar days after the resident’s report about the hot water tap. There is no evidence that the landlord carried out any works in the property prior to 8 June 2022. While the Ombudsman acknowledges there was difficulty in accessing the property on 23 May 2022, there is no evidence that the landlord communicated with the resident prior to this to expedite repairs in accordance with the response times in its repairs policy. This was not appropriate, particularly given that the resident had reported issues with a hot water tap, which she relied on to have adequate bathing facilities.
The resident reported issues with the heating and hot water systems on at least 5 occasions in June and July 2022. The landlord fitted a new emersion heater and water pump in July 2022. However, this did not appear to resolve the issue as the resident reported further issues with the heating and hot water systems in October and November 2022. The landlord completed further works in the property in November and December 2022. However, the resident continued to report issues of intermittent heating and hot water throughout January to April 2023.
The Ombudsman acknowledges that the landlord made attempts to remedy the issue with the heating and hot water systems, as set out in its stage 2 response. However, there is no evidence the landlord conducted a post-completion survey of the repairs it carried out. On this basis, the landlord has failed to demonstrate that its repairs remedied the issue, or that the works were completed to a good standard.
There is no evidence that the landlord regularly communicated with the resident to monitor the effectiveness of the repairs. Given the number of reports the resident made about the heating and hot water systems from April 2022, this was not appropriate. The landlord should ensure it records details of any attendances at the property such as an attendance note detailing any issues discussed or resolved with the resident. The landlord should ensure it appropriately records any agreed actions or concerns so that these can be actioned promptly.
The landlord’s repair records suggest it replaced the old combination water cylinder in or around March or April 2023. However, the landlord’s repair records are not clear on what date this took place. In its stage 2 response on 2 June 2023, the landlord said it had completed all works to the heating and hot water systems and it would arrange an “MOT” of the water tank system. It is not clear if the landlord completed the “MOT” as it has not provided any inspection report to confirm this.
The landlord’s records show that it identified that the tank/hot water systems may have needed updating in June 2022. While the landlord took steps to replace the water system, this was almost 12 months after the resident first reported issues with the heating and hot water systems. It is unclear why the landlord did not consider a replacement of the water system sooner. The landlord has not evidenced that it considered the historic reports of issues with the heating and hot water systems in the property. Given the number of reports the landlord received about the heating and hot water systems, it would have been reasonable for the landlord to have considered whether it should have replaced the systems at an earlier date.
The landlord has provided repair records for its attendances at the property. However, the records do not always include what issues it identified, the possible cause of the issues with the heating and hot water systems, what works it carried out, or copies of any relevant inspection reports. The landlord has not provided any surveyor reports to assess if there was a wider issue with the heating or hot water systems, or whether a replacement of the system was required sooner. The Ombudsman is therefore unable to determine whether the landlord took reasonable steps in investigating the root cause of the issues with the heating and hot water systems, within a reasonable time. This was not appropriate.
It is best practice for landlords to appropriately record information including any reports of works, agreed actions or further issues raised by the resident. The failure to create and record information accurately can result in landlords not taking appropriate and timely action, missing opportunities to identify that actions were wrong or inadequate, and contributing to inadequate communication and redress.
The resident said she had to purchase heaters to heat the property and she incurred additional energy costs as a result of this. In addition, the resident said she was without sufficient heating for several months. In its stage 2 response, the landlord offered the resident £300 for “loss of heating and delay in resolving air ventilation”. While the landlord offered the resident compensation for the loss of heating, it did not address the resident’s concerns about the purchase cost of the additional heaters, or the increase in her energy bills.
The resident has not provided the landlord with evidence of the heating costs incurred. The Ombudsman has also not seen evidence of the resident’s heating costs before and after the repairs to the heating systems, or copies of any survey reports to establish the extent of any heat loss in the property. It is not clear if the landlord contacted the resident to request copies of her energy bills to compare the energy usage before and after the repairs to the heating systems.
Based on the evidence provided, this service is not able to accurately assess the likely impact of the repairs on the overall costs of heating the property. It is usual for a landlord to provide a temporary source of heating where failures of heating systems occur and to refund the associated costs. However, it is not clear if there was a full or partial heating system failure and on what dates the resident was left without sufficient heating.
Where we are satisfied that, on the balance of probabilities, a resident has incurred costs but has not been able to evidence this and it is not possible to provide a reasonable estimate, we may say that a landlord should pay an amount in recognition of the fact that the resident has incurred costs that would not have arisen had the maladministration not occurred.
As such, it would be reasonable for the landlord to contact the resident to discuss:
1. any costs incurred by the resident purchasing additional heaters.
2. any additional energy costs incurred as a result of the resident using alternative heaters.
3. whether the resident is able to provide evidence of the cost of the heaters, together with energy bills to show any additional costs incurred.
4. whether it should offer a contribution towards the costs.

The ventilation systems

The resident also raised concerns about the air ventilation system in August 2022. In its stage 2 response, the landlord acknowledged that there were delays in assessing and servicing the ventilation systems between August and November 2022. The landlord offered the resident compensation for the delays. The landlord acknowledged the delays in servicing the ventilation system. It attempted to put things right by offering the resident compensation for the distress caused.
However, the landlord did not specify the level of compensation for the delays in servicing and assessing the ventilation system, as it combined this with compensation for loss of heating. The Ombudsman has therefore been unable to assess whether the level of compensation offered was reasonable. This was not appropriate.
The resident advised the Ombudsman in February 2023 that there were further issues with the air vents in the property. In its stage 2 response, the landlord said it would contact the resident to arrange a service and maintenance of the ventilation system. The landlord’s repair records show that it completed works on 16 November 2023 to the air vent in the kitchen and works to the air circulation unit. It is not clear if these works also included a service of the air ventilation system. The landlord has also not provided an explanation as to why there was a delay of 5 months from its stage 2 response in it completing works to the air ventilation system. This was not appropriate.
In summary, while the landlord completed some works to the property, it was at fault because:
1. there were delays in it attending the property to inspect the resident’s concerns about the hot water tap.
2. it failed to evidence it completed a post-completion survey of the repairs it carried out.
3. it failed to regularly communicate with the resident to monitor the effectiveness of the repairs.
4. there were unreasonable delays in it inspecting and completing repairs to the heating and hot water systems.
5. there was an unreasonable delay in it replacing the hot water system.
6. it failed to evidence it investigated the root cause of the issues with the heating and hot water systems at the earliest opportunity.
7. it did not consider the resident’s concerns about the cost of purchasing additional heaters and a subsequent increase in her energy bills.
8. there were unreasonable delays in it completing works to the air ventilation systems.
9. its offer of compensation did not reflect the additional delays in it completing work to the air ventilation systems and the distress and inconvenience caused to the resident.
While the offer of compensation showed the landlord acknowledged some distress and inconvenience caused to the resident in its handling of repairs to the heating, hot water and ventilation systems, it perhaps does not reflect the additional failures outlined above. In addition, while the landlord offered compensation for the delays in servicing and maintaining the ventilation system, this did not account for further delays between June and November 2023. The Ombudsman has therefore ordered the landlord to pay compensation to the resident for the distress and inconvenience caused by the above failures.

The landlord’s handling of the resident’s concerns about the condition of the property at the start of the tenancy

The landlord’s empty homes policy states, as part of its void process, it will:
1. ensure the property has a valid EPC, gas and electrical certificate.
2. undertake a service of the boiler and issue a new compliance certificate.
3. undertake a post inspection and complete a checklist of works undertaken to ensure the property meets its letting standards.
4. arrange for its contractors to reattend the property and rectify any issues which it may not have identified before a tenant moves into the property.
5. respond to any further issues in accordance with its repairs policy, if the resident reports the issue more than 2 weeks after the start of the tenancy.
The landlord provided repair records for works it completed in the property in January and February 2022, when the property was void. The repairs included a renewal of the lounge and bedroom heater. The landlord also completed an EIC electrical inspection which noted no major issues in the property. However, there is no reference to any specific works or checks to the hot water system.
The landlord has not provided a post-inspection report of the property, prior to the start of the resident’s tenancy. The landlord has not provided details of any documents it may have provided to the resident at the tenancy sign up, including any void checklist. The Ombudsman is therefore unable to assess whether the landlord took reasonable steps to inspect the property prior to the start of the tenancy and in accordance with its empty homes policy. This was not appropriate and was a failure in the landlord’s record keeping.
The resident reported issues with the hot water system on 25 April 2022. This was 14 days after the tenancy start date. In accordance with its empty homes policy, the landlord should have considered whether the repair was a void recall. There is no record that the landlord completed a further inspection of the property in April 2022, when the resident reported issues with the hot water system.
In its stage 2 response, the landlord acknowledged that there was an oversight in its voids process, where it had not checked the pump and water tank cylinder. However, the landlord said when the resident brought the issue to its attention, it arranged for contractors to re-attend the property. The landlord offered the resident £100 compensation for the oversight in its void process.
While the offer of compensation showed the landlord acknowledged some distress and inconvenience caused to the resident in its handling of the voids process, it perhaps does not reflect the additional failures outlined above.
In addition, while the landlord said its contractors re-attended the property, its records suggest this did not happen until May 2022. It is accepted that the landlord completed some checks in the property, but it does not appear to have completed a post-completion report or subsequent void report after the resident reported issues with the hot water system.
Therefore, it is the opinion of this service that the £100 offered is not likely to reflect the level of distress and inconvenience caused to the resident. There is service failure because the level of compensation is too low to recognise the impact of the failures identified.

The landlord’s handling of the associated complaint

The Complaint Handling Code (“the Code”) states landlords must respond at stage 1 within 10 working days of the complaint and at stage 2 within 20 working days of a request for escalation. The landlord’s complaint procedure aligns with the Code.
The resident raised a complaint to the landlord on 28 October 2022. The landlord provided its stage 1 response on 9 November 2022, which was 8 working days later. While the response was within the timescales set out in the Code, it did not address all the points raised in the resident’s complaint. For example, the landlord did not respond to the resident’s concerns about delays in it servicing the ventilation system, or her request for compensation for electrical usage because of using fan heaters to heat the property.
This was a complaint handling failure in accordance with the Code. 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.
The resident escalated her complaint on 10 November 2022. The Ombudsman contacted the landlord on 5 May 2023, and asked it to respond to the resident’s complaint at stage 2. This was not appropriate because the Ombudsman expects landlords to communicate with resident without the intervention of this service. Further, there is evidence that the resident had to chase for a response to her complaint on numerous occasions. There is an expectation that the landlord keeps in communication with the resident and updates them on the progress of their complaint. However, the evidence shows that the landlord did not do this.
The landlord provided its stage 2 response on 2 June 2023, which was 139 working days after the resident’s escalation request. This was not appropriate and not in line with the Code.
The landlord should have conducted a timely and appropriate investigation and response to the resident’s concerns. The delay in responding to the resident’s complaint would have delayed the resident in progressing the complaint through the landlord’s process. It would have also prevented her from exhausting the landlord’s internal complaints procedure so that she could bring the matter to the Ombudsman for an independent investigation.
In addition, the resident said she was without sufficient heating for several months. In its stage 2 response, the landlord offered the resident £300 for “loss of heating and delay in resolving air ventilation”. While the landlord offered the resident compensation for the loss of heating, it did not address the resident’s concerns about the purchase cost of the additional heaters, or the increase in her energy bills. Where something has gone wrong a landlord must acknowledge this and set out the actions it has already taken, or intends to take, to put things right. This was a missed opportunity for the landlord to resolve the resident’s complaint.
Overall, there were failings in the landlord’s complaint handling. While the landlord has apologised for the inconvenience caused, it failed to put matters right by addressing all the resident’s concerns at the earliest opportunity and taking steps to put things right.
The landlord offered the resident a total of £150 for delays in its complaint handling and not responding to all of the resident’s complaint at stage 1. However, it is the Ombudsman’s opinion that the level of compensation does not reflect the failings identified above. As such, the Ombudsman has ordered the landlord to pay compensation to the resident for the distress and inconvenience caused by the failures outlined above.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of repairs to the heating, hot water and ventilation systems in the property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the resident’s concerns about the condition of the property at the start of the tenancy.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the associated complaint.

Orders and recommendations

Orders

The landlord must, within 28 calendar days of the date of this determination:
1. provide a full apology for the errors identified in this report.
2. pay the resident an additional £700 compensation for the distress and inconvenience caused by the failures identified in this report (£1,750 in total). This is comprised of:
  1. an additional £450 to recognise the failures by the landlord in the handling of the repairs to the heating, hot water and ventilation systems.
  2. an additional £100 to recognise the impact by the landlord in its handling of the resident’s concerns about the condition of the property at the start of the tenancy.
  3. an additional £150 for the failures in the landlord’s complaint handling.

The compensation must be paid directly to the resident. The total compensation can be reduced by any of the £1,050 already paid to the resident.

contact the resident to discuss:
1. any costs incurred by the resident purchasing additional heaters.
2. any additional energy costs incurred as a result of the resident using alternative heating sources.
3. whether the resident is able to provide evidence of the cost of the heat sources, together with energy bills to show any additional costs incurred.
4. whether it should offer a contribution towards the costs.
complete a post works survey to confirm that all the works have been completed. A copy should be provided to the resident and this service within 10 working days of the date of the property inspection.
provide evidence of compliance with all orders within 56 days of the date of this determination.

Recommendations

Within 28 days of the date of this determination, the landlord should consider re-training its staff on complaint handling, having regard to the Code.