Harlow District Council (202209329)

REPORT

COMPLAINT 202209329

Harlow District Council

15 January 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 response to the resident’s:
1. queries about heating and hot water charges.
2. concerns about loft insulation.
3. request to move the heating control panel.

Background

The resident has been a secure tenant of the landlord, a local authority, since September 2021. The property is a 1 bedroom bungalow and is part of a heat network, meaning the heating and hot water is supplied via the landlord. The landlord has it recorded that the resident has mental and physical health issues.

Policy and legal framework

The resident’s tenancy agreement confirms that the landlord will repair and maintain heating equipment.
Under section 9(a) of the Landlord and Tenant Act 1985, the landlord has an obligation that the property is fit for human habitation during the term of the tenancy in relation to freedom from excessive cold.
The landlord’s vulnerable persons repairs policy says that where a resident is vulnerable, they may receive an enhanced repairs service. This could include attending emergency repairs within 2 hours, completing urgent repairs within 3 working days and standard repairs within 15 working days.
The landlord must comply with the Heat Network (Metering and Billing) Regulations in its management of heat networks. In November 2020 there was an amendment to the regulations, which required suppliers to bill customers based on their consumption, rather than estimates. The deadline for compliance with this was 1 September 2022.

Summary of events

After the resident’s tenancy started she raised concerns with the landlord about the level of insulation in the loft. The landlord arranged for a specialist contractor to carry out a survey on 3 December 2021 and following this, the contractor recommended installing additional insulation in the loft.
On 15 December 2021 the landlord told the resident that the way she paid for her heating and hot water would change from 1 April 2022. She would be charged based on what she used and not an estimate. It had arranged for an external company to manage this and collect the money on its behalf. This information was also provided to the resident in a heating and hot water statement dated 1 February 2022.
The landlord visited the property in January and February 2022 to check that the heating was working properly, and confirmed that it was. It said it explained to the resident how to use the system during the January visit. During the February visit it noted some of the radiators were blocked by clothes and furniture and it told her that the rooms would not heat up if the radiators were covered.
The landlord has provided templates of 2 letters sent to residents before 1 April 2022, regarding the changes to the way payments would be made for heating and hot water. It also provided a factsheet sent to residents after 1 April 2022, regarding changes to the heating and hot water payments. The landlord said these were sent to all properties affected, including the resident, but has not provided specific copies sent to the resident or dates when these were sent.
In April 2022 the landlord provided the quarterly heating and hot water statement, which showed a debt on the account of £167.48. The same month it also sent an invoice requesting payment of this amount.
On 29 April 2022 the resident raised the following concerns with the landlord:
1. The heating and hot water usage recorded was not accurate.
2. The heating controls were in a position that meant it was difficult for her to use. They were also very old and needed replacing.
3. The loft insulation was not sufficient.
The landlord responded 4 days later and said that it had reviewed the resident’s energy consumption and this was not showing an unusual level in comparison to other nearby properties. It suggested she make a formal complaint for her concerns to be addressed, which she did the same day. The following day she provided additional information as follows:
1. She had not been told the amount she would be charged for heating and hot water would be changing.
2. She had health issues that were affected by the cold and the landlord knew this but did not take this into account when progressing the loft insulation works and it did not consider whether there was anything else it could do to ensure the property was warm enough.
On 10 May 2022 the resident raised the following queries with the landlord:
1. She had been charged too much for heating and hot water.
2. Payments she had made towards the heating and hot water as part of her rent were not showing on the final bill.
3. The amount of energy it said she had used in the last 3 months was high but she had hardly used her heating.
4. She wanted to speak to someone as simply as possible to understand what was going on.
The landlord responded the same day that it had not charged too much as her heating and hot water account was showing a debt, which indicated it had under charged her for the year. The payments she had made were showing correctly on the final statement and it referred to the amounts. It would address all of the concerns as part of the stage 1 response.
On 12 May 2022 the landlord raised a works order for a standard repair in line with its vulnerable persons repairs policy, to lower the thermostat and control unit. It recorded this as completed on 31 May 2022.
The landlord provided its stage 1 complaint response on 17 May 2022, which said:
1. Following a visit in February 2022 it had concluded that the resident understood the problem regarding the heating and hot water usage and was satisfied that the system was working correctly.
2. Works to the loft insulation had been agreed and would be completed as soon as possible. The landlord said these were completed on 23 May 2022.
3. It would inspect the property on 31 May 2022 and look at the heating and hot water controls to determine if they needed replacing and would provide guidance on how to use the timer controls for maximum efficiency and cost savings.
4. The complaint was not upheld.
The resident contacted this Service in August 2022 and said she had been charged incorrectly for heating and hot water, it had taken too long for the landlord to install additional insultation in the loft and she had not been able to reach the heating control panel to control the heating and believed this had led to increased heating costs. This Service wrote to the landlord and asked it to provide a stage 2 complaint response.
The following month, the landlord provided its stage 2 response, which said:
1. When the property was advertised the heating and hot water charge was collected on a fixed rate basis within the rent and service charges. However, changes to Government Heat Network Regulations required the landlord to charge customers for their actual consumption, rather than the estimated fixed rate. These charges came into effect from 1 April 2022 and the resident had been given details of this in her tenancy sign up pack and sent subsequent letters, fact sheets and transition correspondence from the start of her tenancy onwards.
2. The resident first reported the issue with the location of the control panel at the end of April 2022. She said she was having to use a step to reach the controls and asked for this to be moved to accommodate her needs. It raised a repair and this was completed in line with its committed timeframes.
3. The loft insulation works were delayed due to COVID-19 and the original contractor not being able to complete the work. The works had been completed urgently following the stage 1 complaint.
4. The complaint was not upheld.
In October 2022 the resident told this Service that her heating costs had reduced after the landlord had moved the controls to within her reach. The landlord told her this would not impact her bills but this was incorrect as it had. She had repeatedly asked the landlord about this but had been ignored.
The landlord told this Service in July 2023 that the movement of the thermostat had not been the cause of the reduced costs and this was more likely due to changes to lifestyle, climatic changes (winter to spring) or a conscious choice to reduce consumption. This was shown by following the trends on the resident’s statements, which showed higher consumption in the winter compared to spring, summer and autumn periods.

Assessment and findings

Scope of investigation

Paragraph 42(j) of the Scheme states the Ombudsman will not consider complaints which fall properly within the jurisdiction of another Ombudsman. The resident has raised queries about the level of energy she has been billed and charged for and how the landlord has gone about this. An investigation into these issues would be better dealt with by the Energy Ombudsman and, as a result, these matters are not within the scope of this investigation. Instead, this report focuses on the landlord’s response to the resident’s queries and whether these were fair and reasonable in the circumstances.

The resident has told this Service that these matters have negatively affected her health. The Ombudsman does not doubt the resident’s comments, but it is beyond the remit of this Service to make a determination on whether there was a direct link between the landlord’s actions and the resident’s ill-health. The resident may wish to seek independent advice on making a personal injury claim if she considers that her health has been affected by any action or failure by the landlord. While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced as a result of any service failure by the landlord.

Response to the resident’s queries about heating and hot water charges

The landlord made changes to how it charged for heating and hot water from 1 April 2022, which was in line with government regulations, as detailed above. The landlord said that it told the resident about these changes when she signed the tenancy and at other points prior to the changes being made. The records provided do not show the exact dates of when all of these communications were sent to the resident but it is clear that she was made aware of this on at least 2 occasions prior to the change happening. The information provided by the landlord regarding this change was clear and reasonable. When the resident raised this issue as part of her formal complaint, the landlord explained in its stage 2 response why the change had happened, which was also appropriate.
From the landlord records provided it is not clear when the resident first raised her concern that the heating and hot water charges were inaccurate. The resident submits that this would have been around November or December 2021, after she received her first quarterly statement. In response, the landlord visited her in January and February 2022 to check the system was working correctly and provided advice on how to use it and maximise the level of heat from the radiators. This was an appropriate response which showed that the landlord took her concerns seriously and it wanted to resolve them for her.
When she raised this concern again in May 2022, the landlord assessed her consumption in line with other nearby properties and provided reassurance that it was at a similar level, which was appropriate. It also provided satisfactory answers to her queries about missing payments, with reference to specific amounts and confirming these were showing on the final statement.
While the landlord provided satisfactory written answers to the queries, it did not respond to the resident’s request to speak to someone about this. The landlord is aware that she is vulnerable and, considering this, it would have been appropriate for it to go further in ensuring that she fully understood the answers provided and was reassured that the charges were correct. Its failure to do this means that the resident continues to be concerned about the heating and hot water charges, despite raising these queries more than 1 year ago. This amounts to maladministration and an order has been made below for the landlord to meet with the resident to provide a response to her queries and pay her £200 compensation.
In the stage 1 response, the landlord agreed to visit the property; however, there is no record of whether this went ahead or what the outcome was. The lack of records has limited the Ombudsman’s ability to investigate this issue, which is a concern. It is important that landlords record all contacts, decisions and actions taken so it can explain what it has done and why to residents and this Service, where required. An order has been made below for the landlord to provide staff training on the importance of keeping good records.
The resident has told this Service that the landlord has ignored her concerns that the position of the heating control panel led to increased heating and hot water charges. The landlord has provided a response to this Service regarding the resident’s concern; however, there is no record that it has provided this to the resident, which it should have done. This amounts to maladministration and an order has been made below for the landlord to provide a written response to the resident regarding this matter.

Response to the resident’s concerns about loft insulation

The landlord is responsible for ensuring the property is adequately insulated as per the Landlord and Tenant Act, detailed above. When the resident raised concerns about the level of insulation in the loft, the landlord arranged for a specialist survey to be carried out, which was appropriate and showed that it took her concerns seriously.
The landlord’s contractor recommended installing 150mm of insulation and confirmed this would bring the property “up to standard”. The resident has challenged this and believes that due to the age and type of the property and because of her health issues, it should have gone further and installed additional insulation. While frustrating for the resident, the landlord was entitled to complete the works as per the specification recommended by its specialist contractor. The resident has told this Service that the property is very draughty and cold, which negatively impacts her health and so an order has been made below for the landlord to inspect the property and confirm any additional works it will carry out to address the resident’s concerns.
Considering the resident’s vulnerabilities, it was reasonable that any works identified by the survey were carried out as a standard repair in line with its vulnerable persons repairs policy, as detailed above. However, the works were identified in December 2021 and it was more than 5 months before they were carried out; which is significantly over the 15 working day committed response time in its policy, as detailed above.
The landlord said in its stage 2 complaint response that the delay was due to COVID-19. This is understandable, as there were restrictions in place during this period, which would have impacted the landlord’s ability to carry out standard repair works. However, where there are delays to repairs, it would be appropriate for the landlord to provide updates to the resident explaining this. There is no record that the landlord did that in this case. This amounts to maladministration and would have left the resident feeling ignored and as though it was not taking the matter seriously.
The delay and lack of updates would have been particularly upsetting for the resident as the landlord was aware that she was vulnerable and the period of delay was during the winter months. While the landlord was restricted in carrying out the insulation works, it should have considered whether there were any other short term actions it could take to address the heating level in the property considering the resident’s medical conditions, for example, supplying temporary heaters. Its failure to do this amounts to maladministration and orders have been made below for the landlord to apologise to the resident and pay her £300 compensation.

Response to the resident’s request to move the heating control panel

The resident’s request for the heating control panel to be moved would be classed as an alteration, rather than a repair. This meant that the landlord was not obligated to do this as per its repairs policy, detailed above. However, as the resident was struggling to access the panel, it was appropriate that the landlord agree to move this to accommodate her needs.
The landlord raised this as a standard repair in line with its vulnerable persons repairs policy, which was reasonable considering the resident’s individual circumstances. The landlord recorded that the repair was completed in 14 days, which was in line with its committed response time set out in the vulnerable persons repairs policy, as detailed above.
While the repair was completed within target time from the date the works order was raised; there was a delay of around 2 weeks in the landlord raising the works order for this job to be completed; and this was only done after the resident had made a formal complaint. This meant that the overall completion time for the repair was 22 working days, which was slightly over its committed response time as detailed above and amounts to service failure. An order has been made below for the landlord to pay the resident £50 compensation.

Determination (decision)

In accordance with paragraph 52 of the Scheme, there was:
1. Maladministration in the landlord’s response to the resident’s:
  1. queries about heating and hot water charges.
  2. concerns about loft insulation.
2. Service failure in the landlord’s response to the resident’s request to move the heating control panel.

Reasons

The landlord made changes to how it charged for heating and hot water in line with government regulations. It told the resident in advance about these changes and the information provided was clear and reasonable. The records are not clear when the resident first raised queries about the heating and hot water charges being inaccurate or whether a committed visit was carried out in respect of this, which is a concern. While the landlord provided satisfactory written responses to the resident’s queries, it should have gone further to ensure the resident fully understood the responses and was reassured in light of her vulnerabilities. While the landlord has provided a response to this Service about the resident’s concern that the position of the heating control panel position increased the heating and hot water charges, there is no record that it provided this response to the resident.
The landlord was delayed in carrying out works to increase the loft insulation in the property. While this delay was understandable due to COVID-19 restrictions, the landlord failed to provide updates to the resident to explain this. It also did not consider any other actions it could take to increase the heating level in the property during the period of delay. This would have been particularly upsetting for the resident as the landlord was aware she was vulnerable and the period of delay was during the winter months.
The resident’s request to move the heating control panel was an alteration, rather than a repair. While the landlord was not obligated to do this, it was appropriate that it did, considering the resident’s circumstances. It raised the job as a standard repair in line with its vulnerable persons repairs policy, which was reasonable and completed this within the target time. However, there was a delay of around 2 weeks in the landlord raising the works order, which meant the job was completed slightly over the committed response time.

Orders and recommendations

Orders

Within 4 weeks the landlord is ordered to:
1. Meet with the resident to provide answers to her queries about the heating and hot water charges.
2. Provide a written response to the resident’s concern that the position of the heating control panel led to increased heating and hot water charges.
3. Pay the resident £550 compensation, made up of:
  1. £200 for its response to her queries about heating and hot water charges.
  2. £300 for its response to her concerns about loft insulation.
  3. £50 for its response to her request to move the heating control panel.
4. Inspect the property to assess the resident’s concerns regarding the level of insulation and heat loss and provide a written update to the resident setting out any works it will carry out.
5. Apologise to the resident for its response to her concerns about loft insulation.
The landlord to provide evidence of compliance with the above orders to this Service within 4 weeks.
Within 6 weeks the landlord is ordered to provide staff training on the importance of keeping good records with reference to the Ombudsman’s spotlight report on knowledge and information management, which can be found here KIM-report-v2-100523.pdf (housing-ombudsman.org.uk).
The landlord to provide evidence of compliance with the above order to this Service within 6 weeks.