Stonewater Limited (202221583)

REPORT

COMPLAINT 202221583

Stonewater Limited

21 September 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

The complaint is about the landlord’s:
1. Handling of the resident’s concerns about his heating.
2. Complaints handling.

Background and summary of events

Background

The resident is an assured tenant of the landlord which is a housing association. The property is a one-bedroom house, with an open plan ground floor layout. The property has electric storage heaters.
The landlord does not have any vulnerabilities recorded for the resident. The resident has said that he has suffered a bereavement and has felt depressed.
Section 11 of the Landlord and Tenant Act 1985 implies into the tenancy agreement the landlord’s obligation to maintain the property including “to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.” Section 9A of the Act implies into the tenancy agreement that the landlord must keep the property fit for human habitation.
The Housing Health and Safety Rating System (HHSRS) lists excess cold as a risk factor. Government guidance states “a healthy indoor temperature is around 21˚C. There is small risk of health effects below 19˚C. Below 16˚C, there are serious health risks for the elderly, including greatly increased risks of respiratory and cardiovascular conditions.” Landlords are obligated to remove or reduce the risks set out within the HHSRS.
The landlord has a policy on maintenance of heating systems and appliances. The policy says that the landlord is responsible for repairs and breakdowns to heating systems. It will also service heating appliances once a year and will provide a safety record to the resident within 28 days of the check. The landlord will also keep records of services for at least two years.
The landlord’s vulnerable residents’ policy states that vulnerability “is generally defined as someone who is more likely than the ‘average’ person to suffer detriment” and that “some levels of vulnerability may be regarded as situational and make us vulnerable at a particular moment, such as financial stress or temporary illness.” The landlord aims to provide appropriate support for vulnerable residents.
The landlord’s complaints policy defines a complaint as “an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.”
The landlord operates a two stage complaints process. It will acknowledge stage one complaints within two working days and will respond within ten working days. If it is not able to do this, and there is good reason, it will let the resident know of the new timeframe for the response and will agree this with the resident if over 20 working days are needed. If the resident is not satisfied, they can ask to escalate the complaint to stage two. The landlord will acknowledge stage two complaints within two working days and will respond within ten working days. If it cannot respond within time the landlord will contact the resident to agree an extension. The policy says that at all stages it will inform the resident about their right to contact and use this Service. The landlord also has an optional customer complaints panel, which a resident can request to use after stage two.
The policy says that where something has gone wrong the landlord will try to put things right. It will do this by acknowledging the failure, apologising, and explaining what went wrong. It will take action to put things right and will offer compensation when appropriate. Under its compensation policy the landlord distinguishes between statutory and discretionary compensation. The landlord may pay discretionary compensation for loss of a room or facilities, damage to items or as goodwill payments. The policy does not set out any suggested amounts or range for compensation.

Summary of events

On 5 December 2020 the resident called the landlord to report that his downstairs electric storage heater had stopped working. The landlord attended on 7 December 2020 and decided that it needed to be replaced.
On 7 January 2021, the resident called the landlord to say that he was cold and “fed up” with the situation and requested temporary heaters. He also asked if the new heater could be positioned a little over from where the old heater was, and the landlord agreed. The landlord delivered temporary heaters to the property the following day.
The resident called the landlord again on 13 January 2021 to chase up the repairs. The landlord’s records say that it checked and the new electric storage heater, which will be referred to in this report as ‘the new heater’, was ready to be installed.
The landlord made an appointment to fit the new heater on 27 January 2021. However, the landlord changed the appointment, and the new heater was installed on 11 February 2021. The landlord’s records say that the appointment was changed at the resident’s request, however the records also say that the resident said that was not true.
On 4 March 2021 the landlord agreed to pay £100 compensation to the resident because he had needed to use temporary heaters. The resident asked the landlord to credit this to his rent account.
On 6 November 2021 and 8 November 2021, the resident called the landlord to discuss the new heater. He said that since he had been using the new heater his energy bills had increased. The landlord called the resident on 9 November 2021 and explained how the resident could use the new heater in the most energy efficient way.
The resident called the landlord on 22 December 2021 to report that the new heater was not heating up his property properly, and that the heat it stored did not last as long as he thought it should. He said he had done research and the new heater was not the correct size or type for his property.
The landlord tried to call the resident on 4 January 2022 but could not reach him. The resident called the landlord back on 14 January 2022 and asked for a call back about the new heater.
On 2 February 2022 the landlord visited the resident and adjusted the settings on the new heater.
The resident called the landlord on 7 March 2022 to say that he had been using the new heater as advised, but it was still not staying hot for long enough into the evening. He also said that the room temperature was around 15.5˚C to 17˚C. The landlord raised a repair job on 10 March 2022 and the resident called the landlord on 12 March 2022 and 18 March 2022 to chase for an appointment.
The landlord’s records say that it tried to call the resident on 22 March 2022. It then sent a text message to let the resident know that it had made an appointment for 31 March 2022 to inspect the new heater. However, the landlord’s contractors cancelled the appointment. The landlord arranged a new appointment for 5 April 2022, but it also cancelled it too. The landlord did not give a reason for the cancellations but rebooked the appointment for 12 April 2022.
On 1 April 2022 the resident wrote to the landlord to make a stage one complaint. The landlord received the complaint on 6 April 2022 and sent an email to the resident that day to acknowledge it. The resident’s complaint was about:
1. The new storage heater being inefficient and not keeping its heat as well as the one it replaced.
2. The heater was not heating the room. The resident had recorded the temperature on various days in the property in the 15˚C range.
3. Two appointments to look at the new heater had been cancelled without explanation.
On 11 April 2022 the landlord wrote to the resident to further acknowledge the resident’s complaint, which it said it would respond to by 22 April 2022.
The landlord inspected the storage heater on 12 April 2022. In an internal email about the appointment, the landlord said it had found no issues with the new storage heater as the “display showed it was getting enough power and it was hot”.
On 20 April 2022 the resident called the landlord to discuss his complaint. He said that the new heater was underpowered for the size of the property. He said he had looked online and what he had found confirmed that the new heater was not sufficient. He told the landlord that he felt like the landlord was ignoring his concerns.
The landlord sent the resident a letter asking for an extension of time to reply to his complaint on 22 April 2022. This Service has not been provided with a copy of this letter.
On 6 May 2022 the landlord provided its stage one response by letter. In its response it said:
1. In relation to the resident’s complaint about the new heater, that while the resident had said he had recorded temperatures of 15.5˚C to 17˚C, “from our pictures…the minimum temperature for the week is 16 degrees…17 degrees…and the maximum temperature is between 19 and 21 degrees” which were within acceptable parameters.
2. No further attendance or replacement of the new heater was needed.
3. Heaters are “specified by a heat loss calculation at the time of installation”.
4. In relation to the cancelled appointments, it explained why the appointment on 5 April 2022 was missed. It apologised for this and offered compensation of £100 to reflect the inconvenience of the missed and cancelled appointments.
5. How to escalate the complaint if the resident remained dissatisfied and that the resident could approach this Service for advice.
The resident emailed the landlord on 26 May 2022 to ask to escalate his complaint. He said that his complaint about the new heater had not been resolved. He also said he was not happy to accept the £100 compensation “in full and final settlement” as not all of his complaint was resolved. The landlord replied by email the same day to acknowledge his escalation request.
On 22 July 2022 and 25 July 2022, the resident called the landlord to chase a response to his stage two complaint.
The resident called the landlord on 3 December 2022 to say that there was a problem with the new heater and that it was not giving out heat. An appointment was booked for 12 January 2023.
On 13 December 2022 the resident contacted this Service, and the Ombudsman wrote to the landlord to ask it to provide its stage two response. The landlord replied on 15 December 2022 to ask for an extension until 29 December 2022, which was agreed. The landlord also wrote to the resident on 15 December 2022 to acknowledge the stage two complaint.
On 29 December 2022 the landlord emailed the resident and asked for a further extension to provide its response until 12 January 2023.
The landlord rescheduled the appointment to inspect the new heater booked for 12 January 2023 to 9 February 2023. Its notes say this was done due to the resident’s work schedule.
The landlord also provided its stage two response on 12 January 2023 by letter. In its response it:
1. Repeated that in its stage one response it “noted that the temperatures seen from the heater were within acceptable ranges” and that it inspected the new heater on 12 April 2022 and found it to be working.
2. Apologised for the missed appointments previously apologised for.
3. Confirmed that a service had been booked for 9 February 2023 and offered a surveyor’s appointment.
4. Apologised for its delay in providing its stage two response. It said the original member of its staff who dealt with the complaint had left and it could not say why the escalation request had not been actioned.
5. Offered compensation of £500 to recognise the inconvenience caused, broken down as:
  1. £200 for poor complaints handling.
  2. £150 for missed appointments.
  3. £150 for distress and inconvenience.
6. Provided information on how to contact this Service if the resident remained dissatisfied.
7. Said that if it did not hear from the resident by 2 February 2023, it would close the complaint.
On the same day, in an internal email, the landlord said that it had agreed to change the new heater for a different type. It also agreed to upgrade the loft insulation in the property.

Events after the end of the landlord’s complaints process

The landlord inspected the new heater on 9 February 2023 and found it to be working correctly. The landlord adjusted the settings based on how the resident said he wanted to use the storage heater.
On 27 April 2023 the landlord attended but more time was needed to complete the works and a follow-on appointment was made for 5 May 2023. On that date the new heater was replaced by a newer heater. A further appointment was booked for 30 May 2023 to increase the insulation in the loft of the property.
On 10 May 2023 the landlord wrote to the resident. It said it had reviewed his complaint and delay to its stage two response. It apologised for this and offered £250 in compensation.
The resident has told this Service that he had to wear multiple layers of clothing to stay warm in the property during the winter months. He also said that he stopped using the downstairs of his house due to the cold. He said his main concern is being able to heat the house properly.

Assessment and findings

Scope of investigation

The Ombudsman’s Dispute Resolution Principles are to be fair, put things right and learn from outcomes. This Service will apply these principles when considering its decisions. However, some matters fall outside of what the Ombudsman can make a determination on.
The resident has raised in his contact with this Service, and in communication with the landlord, issues relating to wall insulation and loft insulation. As these matters were either not raised as a complaint to the landlord or were raised after the end of the landlord’s complaints process for the current complaint, they have not been investigated as part of this investigation. Under paragraph 42(a) and 42(c) of the Housing Ombudsman Scheme these matters are outside of the Ombudsman’s jurisdiction. This is because the Ombudsman may not investigate complaints which have not exhausted the landlord’s complaints process and may not investigate complaints which were not brought to the landlord’s attention as a complaint within six months of the issue arising. It is open to the resident to make a new complaint to the landlord about these issues should he wish to do so.

The landlord’s handling of the resident’s concerns about his heating

The resident called the landlord on 5 December 2020 to report his heater had stopped working and while it attended within two days it could not repair the heater. When it attended on 7 December 2020 the landlord failed to provide alternative temporary heaters, and it only did so once the resident called on 7 January 2021. The landlord had taken over a month to repair the heating by this time, and had failed to provide temporary heaters, during the coldest part of winter and that was a failing.
The landlord failed to proactively manage the replacement of the heater and when the resident called to chase this on 13 January 2021 its records show it had the new heater ready to install. The landlord made an appointment for 27 January 2021, which was not within a reasonable time. It then cancelled this and rearranged it for 11 February 2021. There was an unreasonable delay between when the resident first reported the issue and heating being restored of over two months, which was unacceptable during winter. Further, the landlord’s records say that the appointment was changed at the resident’s request, which was incorrect, as the records also say that the resident said that was not true.
The resident spoke to the landlord in November 2021 about the new heater and his energy bills having increased. When the resident reported problems with the new heater on 22 December 2021, the landlord did not try to call him until 4 January 2022 and had not booked a repairs appointment. The landlord attended on 2 February 2022, 27 working days later. While the landlord’s policy does not give a timeframe for repairs to heating appliances, during the winter months a delay of 27 working days was unreasonable.
When the resident reported the new heater again on 7 March 2022 the landlord delayed in raising a repair until 10 March 2022. It then further delayed in booking an appointment so that the resident had to chase the landlord twice. It booked an appointment for 31 March 2022 but cancelled this, and for 5 April 2022 and also cancelled this appointment. The landlord finally attended on 12 April 2022, 26 working days later. This was again an unreasonable delay as no explanation was given for the cancelled appointments. In its stage one response on 6 May 2022 the landlord apologised for the cancelled appointments and offered compensation of £100, which showed it wanted to put things right. However, the resident did not feel able to accept the compensation for the reasons set out below.
The resident has provided to the landlord and to this Service photographs of digital thermostats showing the temperature on various dates and times, along with a description of where in the property the thermostat was placed. In most of the photographs multiple thermostats were placed next to each other, to show a consistency of temperature readings. Within its stage one and stage two response the landlord referred to its pictures showing temperatures recorded on various dates. The landlord has since provided copies of these photographs to this Service; they show a digital display on the new heater with information on dates and temperatures recorded. It is not clear how the temperatures were recorded however these would presumably have been recorded by the new heater where it was located; it would not have been possible for the new heater to have recorded the room temperature at the other side of the room.
In its stage two response on 12 January 2023, the landlord repeated its stage one response in relation to the complaint about the new heater. It also said that it would further investigate the issues as part of the service booked for 9 February 2023. The landlord did not explain how it could further investigate the resident’s concerns, or how it would put things right. Notably it did not suggest carrying out a heat loss survey or similar checks or monitoring, which would have been solution focused. The landlord did increase its offer of compensation for the missed appointments and inconvenience caused to £300. This Service notes, however, that on the same day the landlord agreed to change the new heater without further explanation.
Within its stage one response on 6 May 2022 the landlord said heaters were “specified by a heat loss calculation at the time of installation”. However, the landlord has not provided a copy of its heat loss calculation to this Service. When the Ombudsman asked the landlord whether it had completed any heat loss calculations it said it had not. It would have been reasonable for it to have carried out a heat loss survey when the resident raised the issue of the new heater not providing enough heat to heat his property and having provided photographs of thermostats. Instead, the landlord appears to have completely missed the point of the resident’s complaint. The landlord did, on several occasions, check that the new heater was working, receiving enough power, and heating up but this was not in dispute. The resident’s complaint was that the new heater was not sufficient for the size and layout of the ground floor of his house, and the landlord did not investigate this. The landlord was also slow to act when the resident first reported he had no heating in December 2020. Overall, there was maladministration.
The resident has told this Service that he had stopped using the ground floor of his house due to it being too cold and this clearly had a large impact and caused distress and inconvenience to the resident. He has also said that he has continued to have problems with the newer heater, although these have now been resolved. An order has been made that the landlord pay £1,800 in compensation to reflect this impact, which includes the £300 it offered in its stage two response for missed appointments and the distress and inconvenience caused.

The landlord’s complaints handling

The resident made a stage one complaint which was received by the landlord on 6 April 2022. The landlord acknowledged the complaint that day by email, within its timeframe. It also sent a letter of acknowledgment on 11 April 2022 in which it said it would respond by 22 April 2022, which was 11 working days.
The landlord wrote to the resident on 22 April 2022 to ask for an extension of time. The landlord’s policy says that it can do this “in exceptional circumstances, where there is a good reason for it”, however this Service has not been provided with a copy of the letter or reason given for the need for extension. While the landlord provided its stage one response on 6 May 2022, there is no obvious reason why it needed the extension of time, however it did provide its response within 20 working days.
In its response the landlord referred to “our pictures” of temperatures recorded, however failed to explain how it obtained these pictures which made the response confusing. The response also referred to a heat loss calculation but did not give any further details on this, or provide a copy, which may have made its response clearer.
The landlord apologised for missed and cancelled appointments and offered £100 in compensation, which was a reasonable amount and showed it wanted to put things right. However, it made acceptance of the compensation conditional on the resident signing a form to accept “in full and final settlement of my complaint”, which the resident has explained that he did not want to do. It was reasonable for the resident to not sign this document, as he wished to escalate his complaint. It would have been more helpful if the landlord’s form had specified the element or elements of the complaint on which acceptance of compensation ‘settled’.
On 26 May 2022 the resident asked to escalate his complaint to stage two as he remained dissatisfied. He chased this escalation twice in July 2022 however the landlord failed to respond. Only after the resident contacted this Service, and the Ombudsman wrote to the landlord on 13 December 2022, did the landlord start to respond. The landlord asked the Ombudsman for an extension of time until 29 December 2022 due to the Christmas period, which this Service agreed to. However, on 29 December 2022 it then emailed the resident to request a further extension of time, saying “while mostly the investigation is complete there is a couple of issues we’re just finishing up on.” The landlord failed to give a good, or any reasons, for why it needed this second extension which was a failing. It provided its stage two response on 12 January 2023, which was 159 working days after the complaint was escalated. This was a protracted and unreasonable delay.
The landlord did apologise for the delay in its stage two response and accepted that it was at fault, although it could not explain why the complaint was not escalated when first requested on 26 May 2022, or when chased twice in July 2022. In its response it referred to a member of staff who no longer worked for the landlord, however this demonstrated that either its processes, or record keeping, were at fault as the landlord should have been able to escalate and respond to a stage two complaint regardless of a member of staff leaving. The landlord also failed to say how it had learned from the complaint and how it would prevent a similar failing happening in future.
The landlord offered compensation totalling £500, of which £200 was for poor complaint handling, £150 for missed appointments and £150 for inconvenience and distress. In relation to the landlord’s failure to provide its stage two response within time, the Ombudsman’s role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this the Ombudsman takes into account whether the landlord’s offer of redress was in line with the Ombudsman’s Dispute Resolution Principles and guidance on remedies.
The landlord offered £200 for poor complaint handling, plus £150 for distress and inconvenience although not solely caused by the delay. To accept the compensation offered the resident had to sign a form accepting it in “full and final settlement of my complaint” by 2 February 2023 or the complaint would be closed. While the stage two response did say that the resident could approach this Service for support and advice, it did not make it clear that accepting the compensation offered did not prevent the resident from still approaching the Ombudsman. Use of this type of wording is unhelpful, as it could prevent residents from approaching this Service.
The resident has told this Service that he told the landlord that his father had died, and that the funeral was on 1 February 2023, and that he asked for more time to consider the landlord’s compensation offer. He also said that he called the landlord the day after the funeral but was told it was then too late to accept the compensation offer. This showed a lack of compassion or understanding from the landlord, which should have exercised discretion to allow the resident to accept its offer.
On 10 May 2023 the landlord wrote to the resident. It said it had reviewed his complaint and offered £250 for the delay to its stage two response. The letter did not make clear whether this was in addition to, or in place of, its earlier offer of compensation made in its stage two response.
Having considered all the evidence, and what is fair in all of the circumstances, there was maladministration in the landlord’s complaint handling. An order has been made that the landlord pay £750 in compensation to reflect the distress, inconvenience, time, and trouble caused to the resident. This sum, which replaces the sums previously offered by the landlord, is higher than would ordinarily be ordered, but reflects the particular distress the resident suffered and takes into account his vulnerability at the time he was having to pursue his complaint.

Determination (decision)

In accordance with Paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in relation to the landlord’s:
1. Handling of the resident’s concerns about his heating.
2. Complaints handling.

Reasons

There was maladministration in relation to the landlord’s handling of the resident’s concerns about his heating as the landlord was slow to act when the resident first reported the issue. It also seemed to misunderstand the resident’s complaint about the new heater; it took delayed steps to inspect and adjust the heater, however failed to fully investigate the main issue of temperature in the property. The landlord failed to take the resident’s concerns seriously and address them in a timely manner.
There was maladministration in relation to the landlord’s complaints handling as the landlord delayed in escalating the resident’s stage two complaint, and only provided its response once this Service intervened. It requested extensions of time for both its stage one and two responses without giving good reason. Its compensation offers were based on the resident accepting that all of his complaint had been resolved and no discretion was exercised when the resident told the landlord about the death of his father and reason for delay in accepting its stage two offer.

Orders

Within four weeks of the date of this report, the landlord is ordered to:
1. Provide a written apology to the resident from a senior member of the landlord’s staff for the failures detailed in this report.
2. Pay directly to the resident compensation of £2,550 made up of:
  1. £1,500 for the distress, inconvenience, time, and trouble caused by the landlord’s failing in its handling of the resident’s concerns about his heating.
  2. £300 for the distress and inconvenience of missed appointments previously offered within its stage two response.
  3. £750 for the distress, time and trouble caused by its complaint handling failures.
3. Carry out a heat loss survey within the property. If this is not possible until the average daily temperature drops, explain and book a survey in in advance, providing the date to this Service.
4. Review and amend its maintenance and heating appliances policy to:
  1. Include a response timeframe for repairs.
  2. Include that temporary heaters will be provided if the heating appliance cannot be repaired.
  3. Include that it will carry out a heat loss survey following reports of insufficient heating, including when heating appliances are found to be working.
5. Carry out a self-assessment against the Ombudsman’s Complaints Handling Code or provide its assessment if completed within the last three months, especially considering its recording and monitoring of stage two complaints.
6. Confirm compliance with these orders to this Service.

Recommendation

It is recommended that the landlord amend its compensation acceptance form to either remove the words “in full and final settlement” or to specify exactly which and every aspect of a resident’s complaint the compensation is offered for. The form should also include a note to explain that acceptance of compensation does not prevent the resident from still approaching this Service.