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Metropolitan Thames Valley Housing (MTV) (202227030)

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REPORT

COMPLAINT 202227030

Metropolitan Thames Valley Housing

31 October 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

  1. The complaint is about the landlord’s handling of:
    1. The resident’s reports of heating and hot water problems in the property.
    2. The resident’s reports of damp and mould.

Background

  1. The resident is a tenant of the landlord. The property is a two-bedroom bungalow. The landlord’s records note that the resident is disabled and has support from carers and social workers. The heating system in the resident’s property was a Ground Source Heat Pump (GSHP).
  2. The landlord’s repair records show that the resident reported no heating and hot water at the property on 5 November 2022. A no-access visit was recorded on 6 November 2022. Following a call from the resident on 7 November 2022 chasing the landlord, an operative attended the same day, reporting that there was no power to the heating system and an electrician was required urgently. The operative’s note states that temporary heaters were left.
  3. A visit on 9 November 2022 found that the fuse inside the boiler had blown; the fuse was replaced but once activated the fuse blew again, cutting power to the boiler. The notes state that it was a very old unit and upgrade was recommended. An operative attended the following day to service the heating system, but was unable to do so because every time they tried to put power to the system, the same problem occurred.
  4. The landlord’s records note the resident called on 11 November 2022 as he still did not have heating and hot water, despite a number of visits to the property. The records note that the landlord booked the heating system for a renewal survey on 17 November 2022, which was the “very earliest”. The note also indicates that the landlord discussed the problem with the resident, and explained the scope and nature of the repairs meant resolution could take “a few weeks”. In the meantime, it requested that an electrician return to the property to address the immersion unit so the resident could have hot water.
  5. The resident’s social worker called on 16 November 2022 enquiring about a timeframe for the installation of the new heating system. It was noted that the resident had temporary heaters but did not have hot water, and therefore requested the landlord schedule this as a priority due to the resident’s vulnerability. The notes states the social worker was aware the resolution might not be within the “next couple of weeks”, but asked the landlord to update the resident as much as possible to avoid him getting anxious.
  6. A replacement survey was completed on 17 November 2022. The resident called on 22 November 2022 chasing an installation date. He was given an update on progress, but no clear date was available. A social services officer rang for an update the next day, and was given the same information.
  7. The records show that a quote for the replacement of the heating system was received on 1 December 2022 but was later rejected as it was not clear that the heating and hot water system was unrepairable.
  8. A note for 6 December 2022 states that there was a fault with the heat pump, a blown fuse was replaced, and the heat pump was left working, leaving the resident with heating and hot water. It added that it recommended the installation of a new unit, as per the survey conducted on 17 November 2022, because the resident reported losing pressure in the system intermittently.
  9. The resident raised a formal complaint on 10 December 2022. He raised a range of issues, some of which related to historic matters over the past several years. He referred to not having heating and hot water for several months, leaks, old fittings and fixtures, problems with his shower, and mould. He gave no specific details. The landlord’s records show that it attempted several times unsuccessfully to speak with the resident to clarify his complaint over the next two weeks.
  10. The landlord’s repair records for 14 December 2022 note that there was a further problem with the boiler, which had been passed back to the landlord’s contractors following a report of low pressure and hardly any hot water coming from the shower.
  11. A damp inspection took place on 23 December 2022 which found mould around the windows in a bedroom.
  12. On 4 January 2023 the landlord’s records show that the resident’s social worker chased the landlord again regarding the installation date for the new heating system.
  13. In the landlord’s stage one complaint response of 4 January 2023, the landlord referred to a phone call with the resident in which he had confirmed that the heating and hot water were now working, but there remained an intermittent problem when the boiler loses pressure. It confirmed that the quick blow fuse to the boiler had been replaced on 5 December 2022 and the boiler was left working. If the problem reoccurs, it said, it would consider its replacement. Having reviewed the timeline of events, though, the landlord recognised that the resident had had problems with the boiler for quite a while. In view of this, it awarded a total of £75 compensation: £50.00 for time and trouble, and £25.00 for service failure.
  14. Regarding the mould, the landlord confirmed that, following the damp inspection on 23 December 2022, it would be in touch with him to arrange checking loft insulation above the bedroom ceiling, install a new humidistat fan in kitchen, and mould wash all the window frames. The target date for completion was stated as 1 February 2023.
  15. The exact date, method and content of the resident’s complaint escalation is unknown, as this information has not been provided. However, the landlord’s escalation acknowledgment email, dated 6 January 2023, states the reason for the escalation was because the stage one response did not address his issues. The stage two complaint response specified that he was not happy that the boiler had had two repairs and had taken sixteen weeks to fix, and other repairs to the property had not been completed.
  16. An inspection of the heating and hot water appliance was done on 13 January 2023 which found that the pressure release valve was dripping slowly. It noted that may be the cause of the intermittent pressure loss. Overall, it found that the unit was still functional but it said that it remained the case that it provided an intermittent service to a vulnerable resident.
  17. The repairs to check the loft insulation, install the new fan in the kitchen, and conduct a mould wash were raised on 11 January 2023. The installation of the new two-speed fan in the kitchen was completed on 16 January 2023. The mould wash of the windows in bedroom and kitchen, and ceiling in the bedroom, was undertaken on 25 January 2023. The loft insulation was also checked that day, with new insulation being added where missing.
  18. The landlord provided its stage two complaint response on 28 January 2023. It said that its records showed that the resident had informed the landlord of an issue with his hot water on 6 November 2022 whereby the hot water would not work when the pressure dropped. As a result, it said it had raised a routine repair which was completed on 6 December 2022 leaving the boiler in full working order and within the expected timescale for a routine repair.
  19. It confirmed that the loft insulation check and the mould wash were completed on 25 January 2023, and the installation of the new two-speed fan in the kitchen was completed on 16 January 2023.
  20. It did not uphold the resident’s escalated complaint because it said that the resident’s hot water was working intermittently, and the repair was completed within timescale. In regard to the other repairs needed, it concluded that there had been no service failure as it had not been made aware of them prior to the complaint.
  21. The landlord’s repair records show a further report of no heating and hot water was made on 28 January 2023. The landlord’s records show that an engineer attended on 30 January 2023 and reported there was no power to the unit and it required an engineer to attend. It was noted that the resident declined temporary heaters and was very unhappy as he had had a lot of problems with heating and hot water. The landlord’s records show that the resident called the following day on 31 January 2023 to find out when someone was to attend and was not happy that an “unqualified engineer” had attended the day before.
  22. A further visit took place on 1 February 2023 that reported the compressor fuse had blown and this was left with another contractor to replace. The landlord’s records on 7 February 2022 state that the current GSHP system had failed multiple times and the resident was becoming less and less patient with the situation. A quote was attached for an ASHP (Air Source Heat Pump) to be considered as a replacement of the GSHP.
  23. Meanwhile, the local Environmental Health team undertook a survey of the property on 13 February 2023. It concluded that there was a hazard relating to damp and mould. It said that the floor in the wet room/bathroom was inadequate, as it was insufficiently sloped resulting in damp and mould growth. Moreover, the ventilation system was not functioning as intended and appeared to be causing wetness in the loft space. It recommended repairs to address these.
  24. The installation of the new ASHP system was approved on 16 February 2023. On 17 February 2023 an operative attended the resident’s property, leaving the immersion heating working correctly and thereby providing the resident with hot water.
  25. The resident brought his complaint to this Service on 23 February 2023 because he remained dissatisfied with the length of time it had taken to resolve the heating and hot water issues, and he was not happy with the landlord’s handling of his reports of damp and mould. As a resolution, he wanted the heating system fully repaired and to be compensated accordingly.
  26. The installation of the new ASHP began on 22 February 2023 and was completed on 24 February 2023.

Assessment and findings

Scope of investigation

  1. Parts of the resident’s complaint to the landlord and to the Ombudsman referred to some issues which he said had been long running over several years. In line with paragraph 42(c) of the Housing Ombudsman Scheme, the Ombudsman may not consider complaints that were not brought to the attention of the landlord as a formal complaint within a reasonable period, which would normally be within six months of the matters arising. Because of that, this investigation centres on the issues and events around the resident’s reports and complaints about heating and hot water, and mould problems in late 2022 onward.
  2. In addition, while it is noted that the resident raised other repairs as part of his formal complaint, this report will focus solely on the reports of damp and mould and on the reports of no heating and hot water. This is because these were the issues brought forward to the Ombudsman for investigation and had completed the landlord’s internal complaints procedure.
  3. The resident has also referred to the landlord’s handling of the damp and mould and heating and hot water issues exacerbating his health conditions. However, the Ombudsman cannot draw conclusions on the causation of, or liability for, impacts on health and wellbeing. This is more appropriately dealt with through the courts as a personal injury claim. Because of that, this investigation does not consider whether the resident’s health has been damaged by the landlord’s actions or inaction.

Heating and hot water

  1. In accordance with the resident’s tenancy agreement and the landlord’s repairs booklet, the landlord is responsible for the repair and maintenance of any installations that it provides for space heating, water heating, immersion heaters and gas and electricity. Nothing in the tenancy or repairs booklet guarantees an uninterrupted supply of heating or hot water.
  2. The repairs booklet states the landlord has three categories for repairs:
    1. Emergency: to be completed within 24 hours. An example of this category is given as a total loss of heating. However, if replacement parts need to be sourced, ordered and fitted however the repair may take a further seven days.
    2. Routine: to be completed within 28 calendar days and by appointment.
    3. Major routine: to be completed within three months or as part of its planned programme of works.
  3. The heating and hot water failure was reported on 5 November 2022. The landlord responded promptly and within its emergency target time frame, both initially, and then following being unable to gain access. The initial visit identified the need for further investigation and parts.
  4. Heating and hot water were subsequently restored on 6 December 2022. This clearly exceeded the landlord’s seven-day time frame for such a repair issue. However, not all repair delays are due to a landlord’s failure to act. In this case the apparent complexity of the repair issue caused confusion about the specific nature of the issue and what was needed to resolve it. The repair records show that through this period the landlord was working to identify and resolve the problem, and it had explained to the resident and his representative that a resolution could take several weeks. The period without services was clearly frustrating and distressing for the resident, but the evidence does not indicate there were any clear steps the landlord had available to act faster.
  5. The resident reported a the loss of heating and hot water again on 28 January 2023. A number of further appointments and phone calls were needed until a permanent solution was found, with the installation of a new heat pump system on 24 February 2023. Again, heating and hot water problems over the winter period are understandably frustrating and distressing, but there is no indication in the evidence that the issues with the heating system were straight-forward and easily resolved, such that the landlord missed any opportunities to fix it sooner.
  6. However, the landlord’s communication regarding the replacement of the heating and hot water system was inconsistent at times, leaving the resident and his representatives thinking that the replacement of the old GSHP system would take place shortly after the replacement survey undertaken on 17 November 2022. Despite a number of calls both prior to and post the replacement survey, the evidence does not show that the landlord explained it was still considering the need to fully replace the system. It was not until the stage one complaint response of 4 January 2023 that the landlord confirmed that the replacement would be considered only if the problem reoccurred, almost two months after the replacement survey was conducted. In the circumstances of the ongoing intermittent problems and the inconvenience and distress it was causing the resident, managing his expectations was even more important than it would normally have been. The landlord did not make its intentions clear, and that omission was not reasonable.
  7. The landlord’s complaint responses acknowledged that it had not dealt with some of the resident’s repair issues as well as it should have. It apologised and offered £75 compensation. It did not identify that its communication had been inconsistent about the heating system replacement, and it did not recognise that, as per its repairs booklet, heating in winter was an emergency repair time frame, not routine. These omissions meant that the landlord’s complaint responses did not fully remedy the complaint.

Damp and Mould

  1. Timeframes for remedying damp and mould can vary depending on a number of factors, as it can take more than one attempt to resolve and can be difficult to identify the cause of issue at the outset, meaning that in some cases different repairs may need to be attempted before the matter is resolved. This would not necessarily constitute a service failure by the landlord.
  2. The landlord’s damp and mould policy states that it understands that resolving the causes of damp and mould can sometimes be complex, but it will always be clear on the timescales of each solution it proposes and will work with its residents to identify issues of damp and mould they are experiencing. This is in accordance with the Housing Ombudsman’s Spotlight on Damp & Mould (2021), which says “Landlords should ensure they have strategies in place to manage these types of cases with an emphasis on ensuring that the resident is kept informed, feels that the landlord is taking the issue seriously and that the matter is progressing.”
  3. In general, a landlord should ensure that it responds to reports of damp and mould within a reasonable timeframe, ensuring that communication between landlord and resident is clear and the next steps and expectations are relayed accordingly. In this case, from the information provided, there is no indication that the landlord did not adhere to the above.
  4. The evidence provided by both the resident and landlord shows that the landlord was first made aware of the damp and mould in the property when the resident initially raised his formal complaint on 10 December 2022. Having been made aware of the issue on 10 December 2022, a damp inspection was undertaken on 23 December 2022, which resulted in three remedial repairs: a new two-speed fan in the kitchen was installed on 16 January 2023, and the mould wash treatment and loft insulation work was undertaken on 25 January 2023. These actions were prompt, and relied on the recommendations and opinions of its staff and contractors in deciding what work to undertake. The landlord’s response to the reports was therefore reasonable.
  5. Following the EH inspection of the resident’s property on 13 February 2023, the landlord continued to work with the resident to address the damp and mould, completing a further repair on 2 March 2023 as well as conducting a post-work inspection on 6 March 2023, which concluded that there was no recurrence of damp or mould build up, indicating the previous actions had been successful. The evidence shows additional works were scheduled subsequently, to mitigate any further incidence of damp and mould.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s reports of heating and hot water problems in the property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its response to the resident’s reports of damp and mould.

Orders

  1. In light of the landlord’s inconsistent communication about replacing the heating system, and its inaccurate understanding of its repair time frames for heating, the landlord is ordered to pay the resident £200 compensation. This amount is inclusive of the £75 it previously offered.
  2. This payment must be made within four weeks of this report. Evidence of payment must be provided to this Service.