Believe Housing Limited (202123042)

REPORT

COMPLAINT 202123042

Believe Housing Limited

21 October 2022

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 the resident’s reports of a cold home and her concerns regarding the insulation of the property.

Background

2. The resident is a tenant of the landlord. The resident is recorded as having epilepsy and one of her children has a medical vulnerability.
3. The resident initially raised concerns about the cavity insulation at the property in November 2020, noting that the property was cold and did not retain heat. She continued to pursue her concerns between January 2021 and March 2021, raising additional concerns about damp and mould and concerns about the impact on her children’s health. In April 2021, the landlord confirmed that it had added the resident’s property to its insulation investment programme which was due to take place that financial year. The evidence shows that works to resolve a leak from the roof were carried out during 2021 and air vents were installed in the resident’s bedrooms between July 2021 and September 2021 following her concerns related to condensation. The resident continued to pursue her concerns about cavity wall insulation throughout 2021.
4. The resident raised a complaint with the landlord in December 2021 as she was dissatisfied with the ongoing insulation issues and the landlord’s communication. She advised that the property was cold and not retaining heat despite having the heating on, noting that her energy bills were approximately £200 per month which was causing concern. She added that the cold temperatures were affecting her family’s health and that they needed to wear coats and jumpers to stay warm. Her children were becoming ill and needed to stay home from school which was causing additional financial concern as it cost her £60 per day per child due to the need to send her child to a specialised school in view of his vulnerabilities. She was dissatisfied that she had been waiting over a year for repairs to the insulation to be completed and had needed to follow-up with the landlord on multiple occasions.
5. In response to the resident’s complaint, the landlord initially acknowledged that it had added the resident’s property to its planned insulation investment programme in April 2021 following her contact as a result of the resident’s energy performance rating (EPC) of E (scaled from A to G). It acknowledged that the programme had taken longer than expected to arrange due to delays in the procurement of contractors, which was outside of its control. It initially confirmed that a survey, completed on 20 December2021, showed that there was sufficient cavity wall insulation but that the loft might need additional insulation. It confirmed that it would complete a further inspection to determine whether this was necessary and carry out works as a priority. It apologised for any inconvenience caused by the delay in commencing the investment programme and for its poor communication. It also provided information related to the support services it offered in view of the resident’s concerns regarding her finances.
6. The resident escalated her complaint as she had received conflicting information from the landlord and its contractors regarding the extent of works required, noting that the contractors had advised that the loft insulation was fine but the walls needed additional insulation. She was dissatisfied that the landlord had informed her that it would not insulate the cavity walls and expressed concern that it had no intention of fixing the reported issues regarding heat loss from the property.
7. In response, the landlord confirmed that following a diagnostic survey of the property in January 2022, it would be taking steps to relay an area of loft insulation above the resident’s hallway, remove air vents and assess the window seals and gaskets for repair or renewal. It confirmed that it would not be installing additional insulation to the cavity walls as there was already some insulation present and that further insulation may cause issues with damp in the future. It said that it would arrange for an independent survey of the insulation and would review the findings and carry out work as instructed. It partially upheld the complaint and apologised for the conflicting information the resident had received regarding the extent of work required to the cavity wall from its contractors.
8. Following this, the property’s EPC rating was reassessed and ranked as C in March 2022. The loft insulation was re-laid on 20 April 2022. An independent inspection was carried out on 29 April 2022 and found that whilst it would be possible to install additional insulation, it was virtually impossible to do so without creating voids which could promote condensation. As such, it was not worth the marginal increase in the insulation. It noted that the insulation of the property was satisfactory for the property’s age and design and that there was no condensation which would indicate inadequate heating, ventilation or insulation. The heating was reported as being turned off at the time of the visit and the resident was advised to keep her heating on low to maintain a stable internal temperature. The landlord’s records show that it installed a new thermostat and replaced the resident’s windows in August 2022.
9. The resident referred her complaint to this Service as she remained dissatisfied with the landlord’s communication and that the landlord would not take steps to improve the insulation in the property. She added that the property was still cold which was affecting her children’s health and that she had been advised to keep her heating on when she did so already and should not need to. She also expressed concern that the EPC rating had improved despite no work being carried out to the insulation.

Assessment and findings

Scope of investigation

10. Whilst this Service is able to consider any inconvenience or distress caused as a result of any service failures by the landlord, it is unable to establish legal liability or whether a landlord’s actions or lack of action have had a detrimental impact on a resident’s health, nor can it calculate or award damages. The Ombudsman is therefore unable to consider whether the reported cold temperatures in the property had a direct impact on the resident’s family’s health or order the landlord to reimburse the resident for additional costs she had incurred as a result of her children being home from school. The resident may wish to seek independent advice on making a personal injury claim if she considers that her family’s health has been affected by any action or lack thereof by the landlord.
11. As part of her communication with this Service and the landlord, the resident also raised concerns about other repair issues within the property and that the EPC rating of the property had improved from E to C in March 2022 despite no works being carried out. As this is a separate issue to the complaint raised with the Service, this is not something that this Service can adjudicate on at this stage, as the landlord needs to be provided with the opportunity to investigate and respond to this aspect. The resident will need to contact the landlord and, if appropriate, raise a separate complaint to get this matter resolved.

Policies and procedures

12. The tenancy agreement confirms that the landlord is responsible for repairs required to the structure of the property, including internal and external walls and windows. It is also responsible for repairs required which relate to the provision of installations for space heating.
13. The landlord’s repairs policy states that non-emergency repairs should be completed within 20 working days. Some repairs may require specialist materials and more time to complete, this may include items that need replacement rather than a repair and should be completed within the landlord’s planned repair timescale of 40 working days. The landlord also carries out planned investment programmes each year to improve homes dependent on their age and condition. This includes kitchen and bathroom replacements, window replacements and energy efficiency measures. The landlord is responsible for communicating the reasons for any delays in regard to repairs and confirming an expected completion date to manage a resident’s expectations.
14. The Housing Health and Safety Rating System (the HHSRS) offers landlords a risk-based tool to enable them to consider potential hazards. This is useful as landlords have a responsibility to keep properties free from category one hazards, which includes excess cold. Guidance for the HHSRS sets out that a healthy indoor temperature is approximately 21°C and that temperatures below 16°C, may pose serious health risks, particularly for elderly or more vulnerable residents.

The landlord’s handling of the resident’s reports of a cold home and her concerns regarding the insulation of the property.

15. The landlord’s records show that the resident initially reported that the property was cold and not retaining heat in November 2020, which she believed to be due to poor insulation. Following this, there was a lack of communication from the landlord and the resident needed to spend time and trouble pursuing her concerns into 2021. Whilst works were undertaken to address the resident’s concerns about damp from January 2021 onwards, given the resident’s concerns that the property was cold, the landlord was responsible for checking the thermal efficiency of the property to determine whether the temperature in the property was adequate or not under the relevant regulations, especially given the recorded household vulnerabilities.
16. There is no evidence to suggest that the landlord carried out any assessment of the property at this time to determine the cause of the heat loss reported or provided any support to the resident in view of concerns which was likely to have caused inconvenience. In addition, whilst the heat loss may have been due to the insulation of the property as the resident suggested, there are also other reasons that a property could be cold such as losing heat through windows or radiators being too small for the overall room size. It would have been appropriate for the landlord to have obtained an assessment by a qualified surveyor to determine the cause of the issue. Had an assessment been completed, the landlord could have confirmed for both the resident and itself that the property met the required standards, or followed up on any recommendations made to improve the properties energy efficiency from the outset.
17. The landlord confirmed to the resident that it had added her property to its insulation investment programme in April 2021. It is important to note that social landlords have limited resources and are expected to manage these resources responsibly, to the benefit of all their residents. It can be reasonable for landlords to replace items such as kitchens, bathrooms, windows or insulation, as part of a planned programme of works rather than on an ad-hoc basis – unless the item in question was beyond economical repair and posed an immediate danger to the resident. Given the extended nature of planned programmes of work, it would have again been appropriate for the landlord to have considered whether any remedial works could be undertaken to lessen the impact on the resident in the meantime but there is no evidence to suggest that it did so.
18. The landlord acted appropriately by acknowledging, within its complaint responses, the delay in the commencement of the programme which was somewhat outside of its control due to the delay in procuring suitable contractors to complete the work. However, there is no evidence to suggest that the resident was provided with regular updates or an expected timescale of the works which was likely to have caused inconvenience as she was awaiting a resolution and needed to spend time and trouble pursing these herself. The landlord has acknowledged its poor communication in relation to the time taken to return calls, however, has not acknowledged its failure to proactively provide updates to the resident.
19. Overall, the landlord has offered a reasonable explanation as to why it would not install additional insulation at the resident’s property. It acted appropriately by carrying out a second independent survey in April 2022, following the resident’s concerns about contradictory information, to determine whether works were required. The landlord was entitled to rely on the opinion of its qualified staff and contractors when deciding on what work to undertake. As the independent surveyor had established that the current insulation was to a satisfactory standard and that installing additional insulation could cause issues with damp and condensation in future, it was reasonable for the landlord to confirm that it would not install additional insulation to protect the condition of the property. It is noted that the resident had asked for other forms of insulation to the external or internal parts of the property, the landlord explained on 26 May 2021 that it would not undertake work to install another form of insulation as the survey had found that the current insulation was considered satisfactory.
20. However, the evidence shows that the landlord failed to manage the resident’s expectations from the outset. When it informed the resident that her property had been added to its planned insulation investment programme in April 2021 it would have been appropriate for the landlord to have clearly explained the process. The landlord should have either carried out an assessment of the insulation prior to adding the resident’s property to the programme, or explained that the property would be assessed as part of the programme and there was a possibility that no work was required. The landlord’s failure to fully explain this at an earlier date was likely to have caused frustration for the resident as she was led to believe that the insulation would be upgraded when this was not the case. In addition, whilst the landlord’s decision not to install additional insulation was reasonable, the resident continued to experience the same issues in relation to cold temperatures and there is no evidence to suggest that the landlord had fully considered the substantive issue.
21. It was appropriate for the landlord to carry out a diagnostic survey in January 2022 following the resident’s reports of repair issues in her bathroom as well as black mould in the property. The report, issued on 29 January 2022, recommended that; the air vents were removed from the resident’s bedrooms, part of the loft insulation was re-laid, a damp-proof course in relation to mould in the property and for the windows in the property to be assessed for repair due to draughts as well as several unrelated repair issues. The evidence shows that the works were raised on 9 February 2022, however, the work to re-lay the insulation and assess the windows for replacement were not carried out until 19 and 20 April 2022 respectively, which exceeded the landlord’s 40 working day timescale for planned repairs. It would have been appropriate, given the resident’s concerns about the cold temperatures in the property, to have prioritised these repairs in an attempt to resolve the issues reported.
22. Whilst it is noted that the resident had advised that the heating was on constantly in view of the cold, the evidence shows that the heating was turned off at the time of each survey and it was reasonable for the landlord to advise the resident to keep her heating set to low to maintain a suitable internal temperature. This advice was not considered unreasonable as maintaining a stable minimum temperature within the property can reduce the time it takes to warm the property and reduce the likelihood of condensation or damp.
23. The landlord acted appropriately by addressing the resident’s financial concerns related to her energy bills by signposting her to relevant support services. There is no clear evidence to confirm that the increased energy costs were a direct result of any insulation issues and the landlord would not be expected to reimburse the resident on this basis. It is noted that the landlord also provided the resident with guidance related to energy saving on 24 May 2022. Whilst this advice was appropriate, it is best practice for landlord’s to offer advice on energy efficiency when a resident first reports issues, alongside carrying out investigative works if required. There is no evidence that the resident was provided with this advice from the outset which would have been appropriate given her concerns.
24. It is noted that the landlord has since replaced the resident’s windows and thermostat in August 2022. It remains unclear as to whether the resident is still experiencing issues with cold temperatures in the property but it is noted that these replacements may have improved the circumstances somewhat given that the resident had also reported draughty windows which could have contributed to the reported heat loss within the property. It is recommended that the landlord contacts the resident regarding her concerns about the temperature of the property as we are coming into the winter months where it is likely to be colder. It should address any ongoing concerns and carry out any works as required. The resident may wish to contact the local authority’s Environmental Health service (EH) if she still experiences cold temperatures in the property. EH can carry out an assessment of the property and make additional recommendations to the landlord if it finds that the property is not able to maintain a reasonable temperature.
25. The landlord acknowledged its poor communication, the delay in commencing the insulation investment programme and the contradictory information provided to the resident within its complaint responses, and acted appropriately by apologising to the resident for any inconvenience caused. However, it is the Ombudsman’s view that financial compensation is warranted in view of the service failures identified. The landlord is to pay the resident £400 in recognition of the inconvenience and distress caused and time and trouble spent by the resident in pursuing her concerns. This amount is in line with the Ombudsman’s remedies guidance (available on our website) which states that amounts between £100-£600 are considered proportionate where there has been considerable service failure or maladministration but where there has been no permanent impact on the resident. Examples include a complainant repeatedly having to chase responses and seek correction of mistakes, necessitating unreasonable level of involvement by that complainant or repeated failure to meaningfully engage with the substance of the complaint.

Determination

26. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of the resident’s reports of a cold home and her concerns regarding the insulation of the property.

Orders

27. The Ombudsman orders that the following actions are taken within four weeks:
    1. The landlord is to pay the resident £400 in recognition of the inconvenience and distress caused and time and trouble spent by the resident in pursuing her concerns.
    2. The landlord should contact the resident to confirm whether she is still experiencing cold temperatures in the property and determine whether further works are required.

Recommendations

28. It is recommended that the landlord contacts the resident to discuss her concerns related to the improved EPC rating issued in March 2022, when no work had yet been undertaken.