One Housing Group Limited (202229865)

REPORT

COMPLAINT 202229865

One Housing Group Limited

14 February 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 regarding the landlord’s:
1. Handling of repairs to heating and hot water in the property.
2. Communication in relation to an energy meter fault following changes to the heating system in the property.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident is an assured tenant. She has several vulnerabilities that the landlord is aware of. The property is a ground floor flat in a block (the block). The block has a communal heating system (district heating). The landlord is not the freeholder of the building. A managing agent, acting on behalf of the freeholder maintains the heating system.
The property has a heating interface unit (HIU) installed. It acts as a bridge between the central boiler and the property to manage the heating and hot water. The energy for the heating is provided by one supplier who installed meters in each individual flat in the block. The resident has an individual contract with the supplier to pay for the heating in her home.
The HIU began to malfunction in 2021. There were a series of issues that left the resident without heating or hot water as a result. The landlord replaced the HIU on 16 May 2022. Following the installation of the replacement HIU, the energy meter did not connect properly. This meant the energy supplier was unable to receive remote meter reads from the HIU. The supplier has not billed the resident since June 2022.
The resident wrote to the landlord on 18 July 2022. She said there was no longer an energy meter in the property. She wrote again on 31 July 2022 saying that she had no response from the landlord. She wanted to know how her energy bills would be managed as the property was no longer connected to the energy supplier. She said she was “fed up” with the landlord and wanted it to resolve the problems.
The resident reported problems with the heating and hot water 3 times between 11 and 15 October 2022. The landlord recorded the repairs as emergencies and noted the resident’s vulnerability. Its repair records were unclear when each repair was complete.
The resident sent a complaint form to the landlord on 16 November 2022. The form was incomplete but the landlord acknowledged the complaint on 21 November 2022. On the same day the energy supplier visited the property. It said that it could not connect its meter to the HIU installed by the landlord.
On 22 November 2022, the hot water stopped working. The landlord attended and noted the communal heating system needed new parts. The resident contacted the landlord again the next day as she had been without heating and hot water for 2 days. She highlighted she was vulnerable and this was impacting on her care. She had to pay for additional carers to come to her home.
On 24 November 2022 the resident reported that she was still without heating and hot water. She said:
1. She was upset there had been 3 missed appointments.
2. She was told no one was able to attend the previous appointments.
3. The landlord lacked sufficient urgency in arranging a new appointment.
4. She was vulnerable and had no updates from the landlord.
5. The landlord showed “no respect for [her] time or [her] care”.
The landlord responded to the resident on the same day. It said her concerns would be addressed in its complaint response.
Repair records show the heating and hot water were restored on 30 November 2022.
The landlord issued its stage 1 complaint response on 5 December 2022. It addressed the time taken to complete heating repairs. It said:
1. The HIU contained a faulty component. The manufacturer needed to replace the part.
2. Some repair appointments were cancelled while it was waiting for parts.
3. The repair was complete on 30 November 2022.
4. The heating was not working for 5 days. It apologised for not completing the work within a reasonable amount of time.
5. The delays were because the HIU manufacturer missed appointments. It would monitor the calls made by the manufacturer to ensure it did not occur with other residents.
6. It upheld the complaint for the time taken for a “warranty call” to be completed and to replace a defective component.
7. It offered compensation under its “right to repair”. It paid £85 compensation, which comprised:
  1. £50 for the time taken to complete the repair,
  2. £15 (£3 per day) for the time the resident was without heating; and,
  3. £20 for inconvenience caused.
The resident replied on 8 December 2022. She said:
1. There had been issues with her heating since 19 September 2022.
2. The issues with her energy bills were unresolved. She wanted the landlord to resolve the issues with her energy supplier. She expected the service to be better when things broke down. She did not expect to have 2 visits from the energy supplier and 4-5 visits from the landlord with no resolution.
3. She had gone long periods with no heating or hot water. She had to pay for additional carers because she had no hot water.
4. The delays to repairs and other services were causing her a lot of stress. She was “tired and fed up”.
5. She did not accept the compensation offered.
The resident asked the landlord if it had reviewed her last email on 15 December 2022. She asked for some update regarding the issues raised. She asked if the landlord had an action plan to resolve the problem. She felt the situation left her in a “very vulnerable state”.
The resident emailed the landlord on 8 January 2023. She said:
1. There was no response to her previous emails.
2. She had been treated unfairly.
3. She was particularly upset as neither the landlord nor her energy supplier had resolved the situation with her meter.
4. She highlighted it had been 7 months since the meter was removed and was concerned that she would be sent a substantial bill.
5. She was frustrated that she had to repeatedly contact both parties. She asked for the following to be addressed at stage 2:
  1. When would the situation with the meter be resolved?
  2. Who would the resident need to pay for her energy supply once it was resolved?
  3. The charges for her energy from June 2022 until the matter was resolved to be removed and any overpayment refunded.
  4. Compensation for the stress caused and the poor service received.
The energy supplier wrote to both parties on 9 January 2023. It said since the HIU was replaced it was unable to collect readings. The supplier suggested the most suitable solution would be to revert to the supplier’s equipment by changing the HIU.
The landlord acknowledged the stage 2 complained on 20 January 2023. This was around 27 working days after the resident’s initial escalation request. The landlord said it would provide a response in 20 working days. The resident replied and said no one had told her about what was happening with the HIU. She asked who would take meter readings or bill her.
The landlord issued its stage 2 response on 6 February 2023. It said the request to escalate was made on 9 January 2023. It noted the details of the complaint and the matters the resident asked to be resolved. It said:
1. It was sorry the issue was still ongoing. It was not the level of service it expected to provide residents, especially when the issue related to communication between it and a third party.
2. It was waiting for a report from the energy supplier to understand if the meter could be linked to the HIU. Or, if the supplier had to remove the HIU and install its own unit. Once it knew the answer it would update the resident and schedule any necessary works.
3. It would cover the costs for heating while the resident was without a meter. It said it was responsible for the removal of the meter. It would notify the managing agent and the supplier. Once a new meter was installed the resident would be liable for the energy costs again. It would require copies of the heating bills once the meter was installed to confirm the monetary value of the heating and hot water charges for that period only.
4. The district heating system was not owned or managed by the landlord. It paid a service charge to a managing agent who maintained the heating system. The service charge was for maintenance only and not a cost for the resident’s usage/consumption of heating. Any service charge costs passed onto residents did not represent a service being conducted by the landlord. Consumption was charged to the resident directly by the energy supplier and were standard energy charges. The landlord did not incur any costs for this from the energy supplier, nor did it pass any costs on to the resident.
5. The landlord upheld the complaint. This was due to the length of time it was taking to resolve the issue and the lack of communication with the resident regarding resolution.
6. The landlord increased the offer of compensation to £150. This was in recognition of the inconvenience caused.
The landlord received a report from the energy supplier on 7 February 2022. It said the energy supplier was unable to connect its meter equipment to the existing HIU. The energy supplier asked the landlord how it wanted to proceed.
The resident contacted the Ombudsman on 7 March 2023 and asked us to review her complaint. She said the issues with the HIU were unresolved. She was unsure who to pay for her energy use.
On 31 March 2023, an email exchange took place between the landlord and the energy supplier. The landlord confirmed that it had initiated a job for its contractor and the energy supplier to conduct a survey to install a new HIU. It suggested the supplier could install a new meter, which might have been possible if a part was replaced. The landlord said if this option were not feasible, it would proceed with replacing the HIU. The energy supplier confirmed its availability for 11 April 2023.
On the 21 April 2023, the landlord updated the resident. It said the energy supplier would contact her directly to confirm an appointment to “attend to the HIU”.
The landlord wrote to the Ombudsman on 27 October 2023. It said it instructed a contractor to attend and assess the requirements to connect the meter to the HIU. This would allow the supplier to read the meter. It expected to complete the works to the HIU by the end of November 2023.
During a call to the resident on 31 January 2024, the Ombudsman was informed that the meter issue remained unresolved. The issue had been ongoing for around 21 months from 16 May 2022.

Assessment and findings

Policies and Procedures

The landlord’s repair policy shows a loss of heating and hot water between 1 October to 30 April will be treated as an emergency repair. Emergency repairs will be responded to within 3 hours. If the landlord cannot complete the repair, temporary heating provision will be offered until the works can be completed.
The landlord’s complaint procedure gives response times for complaints. It responds to complaints at stage 1 within 10 working days and stage 2 within 20 working days.
The landlord’s compensation policy shows it offers compensation at £3 per full day where a resident is without heating or hot water.

Handling of repairs to heating and hot water in the property.

The evidence shows the landlord failed to communicate effectively with the resident throughout its handling of the repairs. The resident took considerable time and trouble contacting the landlord and its contractors asking them to complete emergency repairs. Some of these requests were unanswered by the landlord. The resident became increasingly frustrated by the landlord and said that the delays in repairing the heating/hot water had impacted on her care needs. The landlord acknowledged many of these failings in its stage 1 response. It was reasonable for the landlord to apologise to the resident but its offer did not fully address the inconvenience caused. It did not give regard to the impact the issues had on her care needs
The landlord considered a loss of heating and hot water as emergency repairs. It should offer temporary heating when it cannot complete the repair within 3 hours. The timeline shows the resident was left without heating/hot water for around 4 days in October 2022 and 8 days in November 2022. There are no records of adjustments being made to accommodate the resident’s need for heating/hot water. The Ombudsman recognised the landlord was reliant on the managing agent to complete repairs to the district heating system in November 2022. However, there was no record the landlord offered the resident temporary heating. There was failure to comply with its own policies and procedures when responding to these repairs. Its apology at stage 1 was reasonable but the compensation offered did not cover the full period the resident was without heating/hot water.
In relation to the failures identified, 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: Be Fair, Put Things Right and Learn from Outcomes as well as our own guidance on remedies.
The Ombudsman finds there was maladministration in the landlord’s handling of repairs to heating and hot water in the property. The resident was vulnerable and left without heating and hot water for around 12 days. The situation caused her to need additional carers. Although the landlord recorded the repairs correctly and included details of her vulnerabilities, her reports to have the repairs resolved were not responded to effectively. The landlord recognised its failings in its complaint handling but did fully consider the impact on the resident’s vulnerabilities or offer reasonable redress in the circumstances. The landlord should pay additional compensation of £300 to reflect these failings.

Communication in relation to an energy meter fault following changes to the heating system in the property.

In view of the repairs required to the previous HIU, the landlord’s decision to replace it was reasonable. However, the landlord did not take steps to consult with the energy supplier to the block. The failure to communicate with the supplier before it installed the HIU meant the supplier was unable to monitor the resident’s energy use in her home. The landlord fully acknowledged the impact of its decision in its stage 2 response. It recognised that it made an error and said it was working with the supplier to resolve the problem. Its offer to pay the resident’s heating and hot water costs from June 2022 until the time the meter issue could be resolved was reasonable in these circumstances.
The records show the resident repeatedly asked the landlord to resolve the problem with the HIU and the supplier. She became increasingly frustrated at the lack of communication when her emails in December were unanswered. The landlord acknowledged the errors in its communication in its stage 2 complaint and offered an apology. Its offer of compensation did not fully address the inconvenience caused for its communication.
The communication did not improve after the landlord’s stage 2 response. There were months at a time when the resident had no contact from the landlord. The landlord was in contact with the energy supplier but gave few updates to the resident. It is important for a landlord to maintain any commitments it makes in its complaint handling. Its failure to provide reasonable communication could result in a breakdown of the landlord/tenant relationship.
The landlord’s decision to instruct a contractor to assist with the resolution was positive. It showed it was learning from outcomes. However, this decision was made more than 12 months after the problem began. There were missed opportunities to resolve this issue sooner. The timeline shows the supplier gave options the landlord could have acted on shortly after the issue was raised. The fault is ongoing due to the landlord’s failure to coordinate or communicate effectively with the resident and the supplier.
The Ombudsman finds there was maladministration in the landlord’s communication in relation to an energy meter fault following changes to the heating system in the property. The were significant failures by the landlord to communicate effectively with the resident. It did not provide regular updates and did not respond to each enquiry raised by the resident. The failures caused avoidable distress and inconvenience for the resident. There was a lack of monitoring, poor communication, and an absence of proactivity. The landlord is ordered to pay additional compensation of £400 to reflect these failings.

Complaint handling

The landlord showed good complaint handling principles when it accepted the incomplete complaint made on 16 November 2022. The landlord’s stage 1 response was provided in line with its complaint handling policies. It acknowledged the lack of communication and delays to complete repairs. It offered an apology and compensation in recognition of this.
The resident sought to escalate her complaint on 8 December 2022. She told the landlord the issues were unresolved and she disputed the amount of compensation offered. The landlord did not respond to this email. There were emails on 15 December 2022 and 8 January 2023 that were also expressions of dissatisfaction by the resident. The landlord could have considered any of these as a request to escalate the complaint. The delay to recognise the complaint caused additional avoidable effort from the resident.
The landlord’s stage 2 response was 39 days after the first request to escalate the complaint. This was 29 working days above the targets set out in its policy. The date it set out in its stage 2 response was incorrect. It is important for the landlord to ensure that it maintains its complaint handling commitments, and that it complies with the timeframes set out in its policy. Its response at stage 2 was outside those timeframes. The landlord should consider its complaint handling during its investigation to establish the correct timeline.
The Ombudsman finds there was service failure in the landlord’s complaint handling. There was a failure to acknowledge requests to escalate the resident’s complaint. There was an unreasonable delay of around 29 working days to issue a stage 2 response. The resident took time and trouble contacting the landlord and raising her complaints. The landlord is ordered to pay £100 for the time and trouble in its complaint handling failures.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was:
1. Maladministration in the landlord’s handling of repairs to heating and hot water in the property.
2. Maladministration in the landlord’s communication in relation to an energy meter fault following changes to the heating system in the property.
3. Service failure in the landlord’s complaint handling.

Orders and Recommendations

Within 4 weeks of this report, the landlord is ordered to:
1. Provide a written apology to the resident, and a copy to the Ombudsman.
2. To allocate this issue to an energy/communal heating specialist who will liaise with the energy supplier and resident to resolve. If the matter is not resolved within 12 weeks, then a senior member of the landlord’s staff should review it. It should provide an update to the Ombudsman and the resident in 4 and 12 weeks.
3. Pay compensation of £950, which includes the £150 already offered. This sum includes:
  1. £300 for distress and inconvenience in the handling of repairs.
  2. £400 for is failures to communicate with the resident.
  3. £100 for its complaint handling failures.
4. The landlord should keep to the commitments made in its complaint handling. It should pay the resident the costs for her heating and hot water between June 2022 and the date the issues are resolved.
5. Provide evidence of compliance to the Ombudsman.