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Peabody Trust (202121739)

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REPORT

COMPLAINT 202121739

Peabody Trust

8 March 2022


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The complaint about the landlord’s handling of a boiler replacement and the resident’s reports of no hot water.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The resident is a tenant of the landlord. The resident raised a formal complaint to the landlord concerning the landlord’s handling of her boiler replacement and her reports of no hot water.
  2. The landlord issued a final response to the resident’s complaint on 19 October 2021. The landlord offered the resident £157 compensation in recognition of the loss of hot water and in recognition of the time, trouble and inconvenience the resident experienced as a result. The landlord further advised that this figure accounted for its position that the resident did not make all reasonable attempts to arrange appointments.
  3. The resident contacted this service on 22 December 2021. They explained they were unhappy with the landlord’s final response as they work full time as a nurse so they had difficulties with rearranging appointments. They advised they tried to arrange appointments via online chat but that the landlord did not consider this in the complaint investigation. They explained they believe the landlord should compensate them for the time and trouble they spent chasing the matter and attempting to book repairs.
  4. This service contacted the resident on 24 February 2022 to discuss the possibility of reaching a mediated resolution. During the call, the resident expressed concerns the landlord did not take her personal circumstances into account when considering the complaint. They explained they are a nurse and found calling the landlord to book appointments difficult due to the length of their shifts. They further advised they were without hot water for six months and had to go to a gym to shower. The resident explained they are seeking an apology from the landlord and also an increase in compensation.
  5. This service contacted the landlord about the resident’s mediation proposal on 1 March 2022. The proposal set out that the resident was seeking:
  • For the landlord to increase its offer of compensation to account for the whole period the resident was without hot water, from 1 March 2021 to 10 September 2021.
  • For the landlord to issue the resident with an apology for its handling of the boiler installation, for the delay in issuing her with a formal response and for the landlord to recognise the resident’s personal circumstances.
  • For the landlord to clarify the categorization of her property, i.e. whether it is listed as regency or IMR.
  1. On 1 March 2021, the landlord confirmed it was willing to accept the resident’s proposal. It set out an offer of a £190 increase in compensation.
  2. This service contacted the resident on 4 March 2022 to discuss the landlord’s proposal. The resident advised they were dissatisfied with the level of compensation offered, advising they are seeking a total offer of compensation of £500. This service contacted the landlord the same day with the resident’s counter proposal.
  3. On 8 March 2022, the landlord confirmed that it agrees with the resident’s proposal.
  4. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”
  5. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendation

  1. The landlord should issue the resident with an apology and make the increased compensation payment, bringing the total compensation to £500, within four weeks of the date of this report and provide confirmation of the apology and payment to this Service.