London Borough of Redbridge (202324823)

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REPORT

COMPLAINT 202324823

London Borough of Redbridge

23 August 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

1.             The complaint is about the landlord’s response to:

  1. Reports of heating and hot water repairs in the property.
  2. Concerns about a gas leak.
  3. The associated complaint.

Background

2.             The resident holds a secure tenancy with the landlord. He has been the sole occupier of the 1 bed first floor flat since 27 June 2023. The landlord has confirmed the resident has several health concerns.

3.             According to the landlord’s evidence, the resident first made contact about the heating on 3 July 2023. The contractor (referred to as ‘C1’) attended the same day to recommission the gas and complete the necessary safety tests. Throughout July 2023, the resident reported problems with the pressure on the hot water taps, the boiler, and the underfloor heating which C1 attended to and arranged follow up work. The resident emailed C1 directly on 17 July 2023, stating he had reported a smell of gas on 11 July 2023 and claiming he was told to call the gas contractor (referred to as ‘C2’). The resident said C2 confirmed a gas leak, and the full meter was replaced.

4.             The resident sent 2 further emails to C1 in August 2023 (a third was also sent to the landlord) highlighting a lack of response to his emails. He confirmed he was still experiencing problems with the heating, boiler, and water pressure. The resident said the parties were aware of his disabilities but had let him live in a property for 2 months without heating or temporary heaters. The evidence suggests the resident continued to report problems with the heating and water pressure through to October 2023.

5.             The resident submitted a complaint on 1 September 2023 in relation to the heating, water pressure and the gas leak which he claimed was caused by C1. He said he had made numerous contact attempts, including emails and more than 15 calls. He said operatives had attended but the problems continued.

6.             The landlord responded to the complaint on 19 September 2023. It confirmed the actions of C1 on receipt of reports regarding the recommission of the gas, low pressure on the hot water, the heating and underfloor heating. It said a referral had been made to an underfloor heating specialist (referred to as ‘C3’) and although they had problems sourcing the parts required, these were due to be fitted on 15 September 2023. The landlord advised there had not been any report of a gas leak at the property. The complaint was not upheld.

7.             The resident escalated his complaint on 20 September 2023. Although the information relating to the escalation has not been provided, the resident remained dissatisfied with the response and complained that all repairs were outstanding.

8.             The landlord provided its final complaint response on 17 October 2023. It confirmed the repairs raised and actions taken. It acknowledged areas of service failure linked to communication and updates from C1 and advised of a future appointment relating to underfloor heating which the landlord said it would monitor to ensure completion. It said there were no indicators of the resident’s disabilities or vulnerabilities. The landlord highlighted learning taken from the case and offered £50 compensation for the time and inconvenience caused. The complaint was partially upheld.

Post completion of the complaint process

9.             The evidence provided suggests the resident continued to experience problems with the completion of repairs beyond the complaint process. In contact with this Service on 29 November 2023, he said the underfloor heating was working but he was still waiting for thermostats to be replaced, pressure on the taps to be resolved and the thermostat dial on the boiler to be repaired.

Assessment and findings

Scope of investigation

10.        The resident has referred to the impact the property condition and outstanding repairs have had on his health. While we do not doubt this, the Ombudsman is unable to draw conclusions on the causation of, or liability for, impacts on health and wellbeing. If the resident wishes to pursue this issue, he should seek legal advice. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused. 

11.        The resident has referred to several issues that were not included in either the stage 1 or final complaint response. In accordance with paragraph 42(a) of the Housing Ombudsman Scheme (in place at the time of the complaint), the Ombudsman may not consider complaints which, in our opinion, are made prior to having exhausted a member’s complaint process, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member had not taken action within a reasonable timescale. As such, these issues – namely, a leaking roof (included in case 202327758), damp and mould, leaking windows and cracks in the bedroom wall – will not be included in this report. If the resident wishes to pursue these issues, he should progress them through the landlord’s complaint process.

12.        The Ombudsman is in receipt of several updates that have been provided by the resident following the final complaint response – these included new issues as mentioned in paragraph 11. For clarity, this assessment will focus on the events leading up to the final complaint response dated 17 October 2023.

Repairs

13.        The Ombudsman expects landlords to maintain a robust record of contacts and repairs. This is because clear, accurate, and easily accessible records provide an audit trail and enhance landlords’ ability to identify and respond to problems when they arise. The landlord has failed to provide adequate records of both repair logs and contact logs, which has impacted this Service’s ability to carry out a thorough investigation, as highlighted at various points throughout this report. This was a failure by the landlord and contributed to other failures identified in this report.

14.        For clarity, the Ombudsman has considered each repair matter in turn below.

Recommission of the heating system

15.        The landlord said it did not receive any contact from the resident until 3 July 2023. C1 attended the same day to recommission the heating system and complete tightness tests on the gas meter and combustion checks on the boiler – it said no issues or faults were detected. Although no contact logs or repair logs have been provided to verify the landlord’s findings, as it was the resident’s responsibility to arrange the recommission after moving in, it was reasonable of the landlord to wait until it received contact from the resident. The Ombudsman finds the landlord’s response to the resident’s request reasonable.

16.        An email from the resident to his councillor stated he had evidence of a call to C1 on 27 June 2023 when he reported a lack of heating. While this is not disputed, the Ombudsman can only make assessments based on evidence received – as this evidence has not been provided, the Ombudsman has been unable to establish fault on the landlord’s part in this regard.

Hot water pressure

17.        The first report of low pressure to the hot water was made on 12 July 2023. C1 attended on 18 July 2023 which was reasonable and in line with the timescale for an urgent repair. A gas engineer attended but the problem was isolated to the bathroom taps therefore it was appropriate to refer this to a plumber. The engineer’s notes confirmed the resident had hot water, but with lower pressure.

18.        The referral was made on 19 July 2023, and a plumber attended on 21 July 2023. As hot water was available, this was a reasonable timeframe to attend. The plumber found new thermostatic mixer taps were needed – these were subsequently ordered and fitted on 9 August 2023 which was within the 28-calendar day timescale for a routine repair. Although it is recognised that the resident may have been inconvenienced by the number of visits, given he still had hot water available (albeit at a lower pressure), it is the view of the Ombudsman that the repair was completed in a reasonable timeframe.

19.        A further report of low pressure was made on 26 September 2023 and C1 attended on 3 October 2023. A leak was found on the blending valve which was serviced during the visit to get water to the wash basin and bath. An improvement was seen in the pressure, but a replacement was recommended. The work was completed in full by 12 October 2023 and included the replacement of the toilet. No further problems have been reported. There is no evidence at any time to suggest the resident was left without hot water.

20.        The resident confirmed the problem was resolved but was unhappy with the number of operatives needed. Although this dissatisfaction is acknowledged, the Ombudsman finds the actions of C1 reasonable. The cause of the problem was not known therefore it was correct to send a gas engineer in case it was linked to the boiler. When it was found to be a plumbing issue, the referral for this trade was made in a timely manner. The plumber attended, diagnosed the problem, and ordered the materials which were then fitted without an extensive delay. It was not confirmed if the report in September 2023 was related to the initial problem, and so while it is recognised the resident was disturbed and inconvenienced by the number of visits, these were unavoidable.

Underfloor heating

21.        According to the landlord’s evidence, the resident first reported a problem with the heating and underfloor heating on 31 July 2023. C1 attended on 3 August 2023 which was a reasonable response for summer months. C1 suspected a fault with several thermostats, but noted the boiler was functioning as expected. It recorded that it removed the underfloor heating control which was working intermittently and adjusted the manifold to allow temporary heating. C1 referred the matter to C3 – this was reasonable as it demonstrated the need for an expert opinion to diagnose the root cause and seek the necessary solution.

22.        On 16 August 2023, a job was raised to replace the faulty thermostats. The landlord said the order was made but when the parts arrived the wrong ones had been sent – this delayed the completion of the repair. This was not something that the landlord or C1 could control. However, the landlord acknowledged the delay was not communicated to the resident and apologised for the time taken to resolve the matter.

23.        C3 attended; however, it is not known from the evidence provided when this happened. This is a record keeping failure as it is not possible to determine how long it took them to attend. Temporary repairs were made so the underfloor heating could be used until the full repair was completed. C3 found the timer was faulty and said once it had been replaced, a full investigation could be carried out into the other faults. On 3 October 2023, new controls were fitted.

24.        The repair information provided stated an order was raised on 26 September 2023 for a full diagnostic exercise on the underfloor heating, however this was cancelled due to no access. There appears to be a discrepancy in the dates provided as it was proposed that the full investigation would be completed after the repairs, yet this date was prior to the completion of the repairs. It is not clear if this was a typing error but is a further record keeping concern. The Ombudsman finds it unreasonable that there is no evidence to confirm the full investigation took place or that all the faults have been resolved.

25.        In its final complaint response, the landlord offered £50 compensation for the time taken to complete the repair and the inconvenience caused. This was in line with the maximum compensation for time and trouble and at the time was an appropriate level of compensation. It confirmed a new appointment had been made to complete the repair on 20 October 2023 and that it would diarise the appointment to confirm its completion.

26.        Although the appointment was after the final complaint response, there is no evidence of the landlord fulfilling this commitment. This was also indicated by the resident who on 27 October 2023 said on one attended the appointment. Notably, in contact with this Service in August 2024, the resident stated the heating problems were still not resolved. In the Ombudsman’s opinion, the landlord has failed to demonstrate its repair obligations in ensuring all the necessary repairs were completed. Furthermore, there is no evidence to suggest it contacted the resident to confirm the completion of the repairs.

Heating

27.        In relation to the heating that was reported as not working, when C1 attended initially on 31 July 2023, it confirmed the boiler was working. There was no evidence of any repairs being carried out at that time. According to the landlord and C1’s records, no further reports were made regarding the heating until 6 November 2023. This was after the completion of the complaint process so will not form part of this assessment; however, the resident has informed this Service in August 2024 that he is still waiting for repairs to be completed.

Repairs summary

28.        Overall, the Ombudsman finds maladministration in relation to the landlord’s response to reports of repairs in the property. There was evidence of poor record keeping, poor communication, delay in some repairs and a failure to follow up on commitments made in the final complaint response. The Ombudsman finds this unreasonable and indicates that the landlord has not taken sufficient learning from the service failures it identified. This led to further delays and inconvenience and is likely to have increased the resident’s frustrations and concerns for his health which he stated had been impacted. Due to the prolonged repair, the Ombudsman finds the level of compensation disproportionate and should be increased to account for the time taken to complete the repairs. An order has been made to reflect this finding.

Gas leak

29.        It has been established that after receiving contact from the resident on 3 July 2023, C1 attended to recommission the system and complete the necessary tests to ensure all the systems were working as expected. Tightness tests were completed during the visit and the evidence provided confirmed no faults or leaks were present at that time. The Ombudsman is satisfied that C1 left the property safe with no concerns.

30.        In an email sent to C1 on 17 July 2023, the resident said he had contacted the gas board as there was no heating at the property – the resident did not confirm when this initial contact was made, but said they attended on 9 July 2023. The resident said he was told the gas had been capped and the landlord needed to remove it. He said safety checks were completed at the time and no leaks were found.

31.        Further to this, he said on 11 July 2023 that he smelt gas and had called C1 to report it but was told to call C2. Although there is no evidence of this contact, the resident said he called C2 and was given a 1-hour slot stating there was no concern regarding the emergency. The Ombudsman finds the response time appropriate and in line with the emergency response timescale of 2 hours. The resident said that on attendance, C2 confirmed there was a gas leak where the pipe had cracked, and a washer was missing – he said the ‘gas man’ replaced the meter during the visit.

32.        In its complaint responses at both stages, the landlord confirmed there had not been any reports of gas leaks from the resident, and C1 had only attended once on 3 July 2023. It then highlighted that the gas board had (according to the resident) attended on 9 July 2023 and had confirmed there were no leaks. In the Ombudsman’s opinion, this does not evidence a fault on the part of C1 as it had attended prior to the gas board confirming there were no leaks.

33.        The landlord did not however provide evidence of any contact with C2 as part of the investigation to determine when they were contacted and what was found and discussed when they attended the property. This was a service failure as the landlord did not demonstrate a thorough investigation into the concerns raised. Furthermore, it raises concern with C1’s communication and contact management as the resident evidenced 3 emails (1 also sent to the landlord) regarding his concerns – the Ombudsman finds this unreasonable.

34.        In summary, the Ombudsman finds service failure in relation to the landlord’s response to concerns about a gas leak. While there is no evidence to confirm the leak was caused by C1, the landlord did not demonstrate a thorough and fair investigation by contacting C2 for its findings. It also failed to refer to the emails sent by the resident to both itself and C1 which supports the concerns regarding communication, record keeping and lack of contact management.

Associated complaint

35.        The resident submitted his complaint on 4 September 2023. The landlord’s policy states it would acknowledge receipt and provide a contact name and a timeframe. The landlord has not provided evidence to show it complied with its policy. It is noted the complaint response was overdue by 1 day, and while it was unlikely to have had any serious detriment on the resident, the landlord did not acknowledge the delay or provide an apology or explanation. Furthermore, any delays in the response should be communicated to the resident but there is no evidence of any contact being made. Due to the nature of the complaint, this was unreasonable.

36.        The landlord used its stage 1 response to cover the 3 points raised by the resident and advised it had liaised with C1 and in-house colleagues to collate its findings. It advised of the actions taken after the repairs were received and confirmed a recent appointment to fit the new part for the underfloor heating. As the complaint response was sent after the appointment, the Ombudsman finds it unreasonable that the landlord did not use this opportunity to provide confirmation as to whether the appointment had been successful in resolving the problem. This does not demonstrate a thorough investigation and suggests the landlord did not have full oversight as to what was happening with the repair.

37.        In response to the gas leak, the landlord said there was no record of any gas leak at the property. However, as previously mentioned, the resident has provided evidence that this was reported. The landlord missed this final opportunity to check its records or those of C1. Although the landlord cannot control the systems used by its contractors, it supports the record keeping concerns which can lead to poor communication with residents, particularly where there is a potential health and safety concern.

38.        In the landlord’s final complaint response, it referred to the escalation request dated 20 September 2023; however, this was not provided – this is a record keeping failure. Furthermore, as at stage 1, there is no evidence of the complaint being acknowledged with the resident. Therefore, the landlord did not comply with its policy. The landlord responded to the complaint within the timescale of 20 working days.

39.        The landlord took the opportunity to reiterate the actions of C1 in respect of the repairs raised. It also confirmed it had looked at the repair records prior to him moving in but could not see any repairs relating to heating, hot water, or water pressure. This was reasonable as the resident had claimed there had been historical issues that the landlord had not rectified. It advised of a future appointment that was in place for the completion of a repair and said it would confirm its completion. The landlord agreed it had not been proactive in its communication with the resident – it apologised for any time taken in chasing the repair.

40.        In response to the service received from C1, the landlord advised it was unable to trace or listen to any of the resident’s calls to C1. It did however say that despite that, it had taken learning from the case and had provided feedback to C1 regarding its communication with residents. The landlord confirmed it had looked at the system and had not found any identifiers for any disability or vulnerability linked to the resident. As the resident has provided evidence of email correspondence with the landlord which confirmed his disabilities, the Ombudsman finds it unreasonable that it had not updated its system accordingly. The landlord did however provide detail of the improvements it was making to ensuring this information was collated at the lettings stage so the system could be updated accordingly.

41.        Overall, the Ombudsman finds maladministration in relation to the landlord’s response to the associated complaint. It failed to comply with its policy in terms of acknowledging the complaint and responding in timescale at stage 1 and failed to address this within its response. The landlord missed the opportunity to provide updates on repairs that were active while the investigation was ongoing. In addition to this, there is no evidence that the landlord followed up on its commitment in the final complaint response in relation to a planned appointment. As a result of these findings, it is the Ombudsman’s opinion that the landlord should offer the resident compensation. Further detail can be found in the orders section below.

Determination

42.        In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in relation to the landlord’s response to reports of heating and hot water repairs in the property.

43.        In accordance with paragraph 52 of the Scheme, the Ombudsman finds service failure in relation to the landlord’s response to concerns about a gas leak.

44.        In accordance with paragraph 52 of the Scheme, the Ombudsman finds maladministration in relation to the landlord’s response to the associated complaint.

Orders

45.        Within 4 weeks of this report, the landlord should:

  1. Write a letter of apology to the resident for the failures identified in this report.
  2. Pay the resident a total of £350 compensation, made up of the following:
    1. £50 as offered in the final complaint response (if not already paid);
    2. an additional £150 for the failures identified in the heating and hot water repairs to the property;
    3. an additional £50 for the failures in investigating the gas leak;
    4. an additional £100 for the complaint handling failures.
  3. The additional compensation should be paid directly to the resident and not offset against any arrears that may be owed.

46.        Within 4 weeks of this report, the landlord should:

  1. arrange an inspection of the property by a senior member of management from both the landlord and C1 to confirm all the work that remains outstanding and in need of repair;
  2. write to the resident confirming the repairs that will be completed to address the concerns raised and clearly communicate the appointment dates to him to ensure no further delays are experienced;
  3. confirm what arrangements it intends to make to post-inspect and monitor the success of the repairs completed.

47.        The landlord should provide evidence that it has complied with the orders above within the timescale provided.

Recommendations

48.        The landlord should consider (if it has not done so already) providing residents with information on the recommissioning of the heating system at the time of sign up. Discussing it at this point will ensure all residents fully understand their responsibility regarding this process after moving in. The landlord should also consider reviewing the letter to ensure it is clear to read and understand.