Wandle Housing Association Limited (202340778)

REPORT

COMPLAINT 202340778

Wandle Housing Association Limited

31 July 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:
1. Reports of a smell of sewage in the property.
2. Reports of issues with the heat interface unit and communal heating system.
3. The resident’s associated billing queries.
4. Reports of issues with the communal lighting.
5. Reports of issues with the communal bin store.
The Ombudsman will also investigate the landlord’s handling of the complaint, and the level of compensation offered.

Background

The resident is an assured tenant of the property which is a 1-bedroom flat on the third floor of the building. The resident moved into the property via mutual exchange in March 2021. The resident has stated that she has severe health and pain conditions.
On 14 September 2021, the resident contacted the landlord and made a complaint in relation to sewage vapours emanating from a drainpipe in her boiler cupboard in the living room. She said the smell was caused by the wrong cap being fitted on it. She said it had affected her ability to live healthily in her home. The resident said it was unacceptable that she had to call over 5 times and the problem was not resolved, despite it being an emergency.
On 31 December 2021, the resident contacted the landlord to ask when her heating would be fixed. She said an engineer attended and diagnosed it, but she wanted to know when the repair would be completed. She said the boiler had not worked properly since she moved in. The resident stated that the engineer said it was highly problematic and unsafe, she said it was switched off at the mains.
On 29 June 2022, the resident contacted the landlord about a communal issue which she described as a breach in health and safety. She referred to refuse bags being piled up in the doorway of the refuse store and the bags spilling, making it slippery and hazardous. The resident said the refuse store and main entrance area needed a deep clean and structural attention. She said there was a bad stench at the entrance of the building and the refuse door had metal mesh hanging off it. She said the door didn’t close properly and was allowing for vermin. The resident said the smell was so powerful and it was depressing to return home to it everyday.
On 4 July 2022, the resident contacted the landlord in relation to an energy bill she had received. She said she was not informed of the bill when she moved in, that she did not know where the meters were, and that her tenancy agreement did not refer to any extra charges. She said the bill was estimated and she was aware that the previous tenant left with unpaid bills. She said she had no way of knowing the accuracy of the bill. The resident said the boiler had been faulty since she moved in, with nearly 15 engineers attending, and she was concerned she had been charged for underfloor heating, despite never using it. She asked the landlord to contact her as soon as it could.
The resident raised a formal complaint on 10 May 2023. She said she had been trying and failing to get the following matters resolved for 2 years:
1. Strong sewage odours – she said they emanated into the kitchen and toilet, that they were difficult to avoid, and had impacted her health. She said she had been working with the landlord’s contractors to resolve the issue and they had said a further descale was required. She referred to 2 hatches in the kitchen and bathroom which had a sewage drainpipe with a cap on and believe they were blowing out sewage odours. She said she had the cap refitted twice at her own expense, but the issue remained. She said a surveyor should establish why she had the issue, and the landlord should ensure the descaling was done properly.
2. Boiler – she said over 40 people had attended to fix the problems in the last 2 years. She said the boiler was changed the previous year, but it was the wrong type of boiler and therefore, the problems continued. She said it was switched off at the mains and she was waiting for it to be reinstalled. She asked how long she had to wait.
3. Energy bill – she received a bill for almost £500 the previous year. She said it took months for a housing officer to confirm it was not a scam. She said the landlord did not tell her it had provided her details to the energy provider or that she would receive that bill. She said she was given incorrect advice that the meter readings were not accessible to residents, and she had found the meter. She said it appeared the energy company was not aware that a new boiler had been installed and therefore the usage was inaccurate. She said she had contacted the landlord about it countless times and she did not know what else to do.
4. Refuse store – she said it was a health and safety hazard and sent photos. She said people threw rubbish on to the floor which put the safety of residents at risk. She said the problem brought in vermin and the store needed a deep clean every month. She said the stench travelled all the way to the flats.
5. External communal lights – the resident said they needed to be fixed as safety at night was a priority.
The landlord provided its stage 1 response on 5 June 2023. It said the issues with the sewage odour, the energy bill, and the refuse store had been passed onto the resident’s housing officer to investigate. It said it was aware of the ongoing issues with heating in the building and it had put together a programme to remove the issues. It said it would start the works once residents did not need to use their heating. It said it had already started some of the non-obstructive works which had resulted in improvements. It said a repair had been raised for the communal lights. The landlord apologised for the number of issues the resident raised and said it hoped its response addressed them.
The resident remained dissatisfied with the response and continued to report the issues with the landlord. The landlord confirmed it would escalate the complaint to stage 2 on 20 November 2023 and it provided its response on 19 December 2023. It said in relation to the energy bill, it had referred her to its asset team, and there were delays in the team communicating with her due to staff absence. It said the team had confirmed communications would be sent out regarding a reduced tariff. It said the repairs team had investigated her issues, it acknowledged the delays in communication, and confirmed the outstanding works would be honoured. It outlined action it had taken regarding the bin store and that it felt the current programme was suitable for the block. The landlord apologised for its failures and offered £250 in compensation.
The resident remained dissatisfied, and the landlord provided a revised stage 2 response on 27 March 2024 as it felt it could have done better to resolve her concerns. The response stated the following:
1. Sewage smell – it outlined the action it had taken to address the smell, this included clearing a blocked pipe and drain, a CCTV survey of the pipes, fitting new valves to the pipes, and replacing the traps on the bath and basin. It said on 24 September 2023, the resident reported that she had disconnected her washing machine, and the stench was unbearable. It said it had agreed to replace the valve for the washing machine pipe to stop the smell coming through. It confirmed that it had requested an appointment for the repair to be scheduled with the resident.
2. Boiler- it could see that there were issues with the heat interface unit and that it had been changed twice in the past 3 years. It said a plan had been put together to address the issue across the whole block, but it had not been completed as it was waiting for warmer weather. It referred to 2 times the resident had reported no heating and said it could not see any further reports of issues.
3. Energy bill – it acknowledged it was an ongoing issue and the resident had contacted it many times for a response. It said its asset team had been in touch with the energy provider and it had resulted in changes being made. It said the resident and other residents would receive a letter explaining the changes in the next few weeks. It acknowledged the frustration caused by the resident having to pay towards the bill and said it hoped it would be resolved in the next few weeks.
4. Pest control and cleanliness of the communal bin area – it outlined the action taken following the resident’s complaints. It said the building had a cleaner who attended 3 times a week to clean the block, which included the communal bin. It said it had written to residents to discourage fly tipping and its records showed it had carried out jet washing of the bins when required. It said the appropriate steps were taken to maintain the communal bin area. It confirmed its pest control contractor had also carried out monthly visits to inspect the block and would bait the bin area if required.
5. Communal lights – it confirmed the action it had taken in relation to the lights. It said on the most recent appointment for the lights on 1 June 2023, the timers on the lights were reset, and 2 lights in the courtyard were fixed. It said there were no further reports of issues with the communal lights.
6. It apologised for not providing the level of service it strived for and outlined the next steps to resolve the resident’s outstanding concerns. It offered £450 in compensation, £200 was for the delay in replacing the washing machine valve, and £250 was for the delay in resolving the complaint.
The resident remained dissatisfied with the response and brought her complaint to the Ombudsman. She said there were outstanding repairs and that many of the communal lights were still not working. She said there was a lack of engagement, management, and will by the landlord, which was not addressed in the response. She said the effort, time, energy and impact on her quality of life in the past 3 years had been unprecedented and the response did not acknowledge that.

Assessment and findings

Reports of a smell of sewage in the property

The landlord’s revised stage 2 response stated that the resident first complained about the smell in October 2022, however, the records show that the resident had been reporting it since at least September 2021. In her email dated 14 September 2021, the resident referred to a drainage operative attending and stating that the wrong cap had been fitted to the drainpipe in the boiler cupboard. The records show the resident chasing a response on 4 October 2021 and there is no evidence that the landlord responded to her, which is a failing.
The landlord’s records show that 3 repairs were raised in September and October 2021 to inspect why there was a smell of sewage coming from the boiler cupboard and to replace the “faulty air admittance valve (AAV)” in the cupboard. While it is positive that the repairs were raised, it is unclear when the work was completed. The AAV is shown as repaired on the 22 December 2022, over a year after it was raised by the landlord. While the landlord’s repairs policy does not clarify a timescale for when it should attend to such reports, the nature of sewage smells should warrant a more urgent response. Therefore, the landlord’s lack of action taken at the time was not appropriate.
There does not appear to be any further reports from the resident until October 2022. The landlord’s records show its drainage contractor attended on 7 October 2022 as the resident had reported a bad smell coming from the kitchen sink waste and the soil pipe that ran through her bathroom. The contractor cleared the blocked stack and recommended a CCTV survey to both stacks to identify possible defects to help eliminate the smells. Given that its contractor had identified a possible issue with the drainage, it was reasonable for the landlord to investigate through a CCTV survey.
The CCTV survey was carried out on 13 October 2022, it found that there were no structural defects to the drainage system. It stated that there was a waste/scale build up in parts of the system and recommended that full de-scale works were carried out throughout the system. The recommended action from the CCTV survey was carried out on 18 November 2022 and it was recommended that a new “AAV” be fitted. As already noted, this was completed on 22 December 2022, and it is not clear why it was not completed when it was first raised in 2021.
The resident continued to report sewage smells in her home from March 2023 to September 2023. The landlord’s actions in that time were to unblock her bathroom drains, clean the pipes, replace 2 valves, and replace the traps on her bath and basin. While it is disappointing that the issue was not resolved for the resident, it should be noted that it can take more than one attempt to resolve issues such as bad odour. Therefore, the landlord’s actions were appropriate.
On 24 September 2023, the resident wrote to the landlord and said she had discovered the source of the smell in the kitchen. She said she had been dealing with mice in her flat and when filling holes, she disconnected her washing machine, and the stench was unbearable. She asked if the landlord could assist her with replacing the valve on the washing machine pipe to stop the smell and help her to fill the holes in the property which she could not access. The resident said the building had a rodent problem and asked if it could involve pest control. The resident said the bathroom repairs were almost completed and someone was meant to be coming to fix the bathroom valve.
The resident continued to chase the repairs and in both stage 2 responses the landlord acknowledged the lack of communication and delay in repairs to the washing machine valve. It said an appointment had been requested. The resident had since dealt with the mice infestation herself. It is disappointing that at the time of the revised stage 2 response, 6 months later, no action had been carried out in relation to the washing machine valve and bathroom valve. The delays in carrying out the repairs were not appropriate, and the resident has stated that the repairs remain outstanding.
The Ombudsman would expect the landlord to consider all relevant information when making its decision about what works to conduct to address the issue. In this case, the landlord considered the resident’s reports regarding the drainage and the pipes and took appropriate action. However, it would have been reasonable for it to have made enquiries with other residents of the building, inspected the property for any other potential causes of the smell, and to consider involvement from the local authority’s environmental health team. It is unclear whether the outstanding repairs will resolve the issue, however, if the issue persists, the landlord must consider what other action it could take to remedy the issue.
Overall, the Ombudsman has found maladministration in the landlord’s response to the reports of a smell of sewage in the property. While the landlord has evidenced attempts to remedy the issue, there have been significant delays at times in taking any action, which resulted in the resident having to chase the landlord. The issue remains outstanding and while the landlord acknowledged its delay in replacing the washing machine valve, it did not account for all its failures, or the likely detriment caused to the resident. Orders will be made in relation to the outstanding repairs and for compensation to account for distress and inconvenience.

Reports of issues with the heat interface unit and communal heating system

From the information provided, it appears that the resident’s property is heated through a heat interface unit (HIU) which transfers heat and hot water from a communal heating system. While the resident has referred to the HIU as “the boiler” for the purposes of this report and for clarity, it will be referred to as the HIU.
The records show that the landlord’s contractor attended the resident’s property on 26 November 2021 following reports of no heating. The notes stated that it was unable to resolve the issue as an HIU qualified engineer was required. It said the resident had refused temporary heaters. The contractor attended again on 2 December 2021. It said that the resident had hot water but due to signs of tampering and missing components on the HIU, the heating circuit was not working. It recommended replacing the HIU and confirmed again that the resident had refused temporary heaters. The contractor’s actions were reasonable, as while the issue could not be resolved at the appointments, the resident was offered temporary heating in the meantime.
The resident contacted the landlord on 31 December 2021 for an update in relation to the follow up repair. The landlord responded on 4 January 2022 and said that the resident should contact its contractor directly. The landlord’s response was not appropriate. While its policy states that the resident should contact the contractor directly, the contractor was waiting for approval from the landlord to replace the HIU. If the landlord had oversight of the repair, it could have updated the resident on its next steps, and whether it would approve the replacement HIU.
A further appointment was made for the landlord’s contractor to attend again on 7 January 2022. On attendance the engineer confirmed that it had already attended in December 2021 and the recommendation to replace the HIU was still appropriate. The landlord’s record’s show the HIU was fitted on 18 February 2022. There were unnecessary delays by the landlord in responding to the contractor and in arranging for the replacement HIU. As already suggested, the landlord should have had oversight of its repairs, and it did not appear that it did. This led to the resident having no heating in the property for almost 3 months.
On 27 February 2022, the resident reported no hot water in the property and that she had a disability which required her to have access to hot water. The repair was shown as completed on the same date. Repairs were raised for the HIU almost every month in 2022 and a new HIU was installed on 6 June 2023. While there is no evidence that the landlord was delayed in responding to the issues, the number of reports is concerning.
It was reasonable for the landlord to rely on its contractors for managing the repairs, but this should only be up to a point where multiple reports of reoccurring issues were raised. The landlord should have engaged with its contractors and the resident to resolve the issues that were repeatedly being reported. There is no evidence that the landlord took such a resolution-orientated approach, which likely caused the resident much time and trouble in reporting the issues and being available for appointments.
In relation to the communal heating, the landlord referred to 2 occasions in which the resident reported issues with the communal heating and said it could not find any further reports. It is unclear from the records whether all the reports of no heating and/or hot water were related to the HIU or if there was fault with the communal heating system. However, the Ombudsman has seen 2 occasions on 14 December 2023 and 15 January 2024 where the contractor had stated that the reports were a communal issue. As with most of the reports, it is also not clear how long the resident was left without heating and/or no hot water. However, in an email dated 22 January 2024, the resident reported that she was left without heating and hot water for over a week, which was not appropriate or in line with the landlord’s policy.
In both its stage 1 response and revised stage 2 response, the landlord stated that the communal issues were complex, and it had a plan in place to address the issues. It said the plan was not completed due to wanting to wait until the weather was warmer in case anyone’s heating needed to be turned off. Given there was 9 months between the 2 responses, the landlord should have been able to evidence what progress it had made towards its plan, if any. The landlord’s response would not have been reassuring for the resident and it is not clear how it intends to address the issues.
The Ombudsman has found maladministration in the landlord’s response to reports of issues with the HIU and communal heating system. The resident has confirmed that there continues to be occasions with no heating and/or hot water and the communication from the landlord on those occasions is poor. The delays in finding a permanent resolution are not appropriate.

The resident’s associated billing queries.

The resident first contacted the landlord on 4 July 2022 in relation to a bill she had received for heating and hot water from a separate energy provider to the one she was using for her electricity.
The landlord responded on 26 July 2022 and stated that the resident would need to contact the energy provider, submit meter readings, and confirm when she moved into the property for the bill to be adjusted. The landlord’s response was not appropriate as it did not respond to all the concerns raised by the resident. This led to the resident having to contact the landlord again to check if the energy provider was the supplier for heating and hot water, she asked where the meter was, why a meter reading was not taken before she moved in, and why she was not informed of the additional bill.
The resident continued to chase the landlord. The landlord responded on 22 September 2022 to confirm the energy provider was the supplier for the heating and hot water in the building. It said residents were billed for their use of heating and hot water that fed into their flats via the communal system. It said residents did not have access to the communal meter.
The landlord’s response was confusing as it had previously advised her to submit a meter reading and it did not address all the resident’s concerns again. The Ombudsman has not seen any evidence that the resident was provided with the information upon moving in and it would have been reasonable for the landlord to acknowledge any errors it had made and how it could assist to resolve them. In not doing so, this left the resident to deal with the situation alone, causing further delays in reaching a resolution.
The resident contacted the landlord on 7 March 2023. The resident provided images of her usage over the last 13 months and how it was significantly less than the estimated bill. The resident said she was waiting for the landlord to provide her with the HIU details to send to the energy provider and asked if it could support her to resolving the issue once and for all. The resident chased a response from the landlord again on 24 and 28 March 2023. The landlord responded on 30 March 2023 to confirm it was liaising with the correct department regarding her concerns and she should receive a response within 7 days.
The resident chased the landlord on 21 April 2023 for a response and raised a formal complaint on 10 May 2023 due to the lack of communication from the landlord. In its stage 1 response the landlord stated that the issue had been passed on to the resident’s housing officer to investigate. The landlord’s response was not appropriate and given the delays so far, it was unlikely to be reassuring for the resident. The resident continued to chase a response and raised concerns that she had now had another HIU installed in her property. The landlord responded on 14 June 2023 to state that it would go over the installation certificates and contact the energy provider to update its system. It said the resident would only be charged for her actual consumption.
It is disappointing that at the time of sending the revised stage 2 response, 9 months after it said it would contact the energy provider, the issue remained unresolved. In its revised stage 2 response, the landlord confirmed its asset team was dealing with the ongoing issue and that changes had been made. It said the resident and other residents should receive a letter explaining the changes in the next few weeks. It confirmed it had received the meter reading from the resident and it would be passed to the asset team to action.
The resident has since informed the Ombudsman that the energy provider is now threatening her with legal action, and she owes almost £1,400. She said the letter sent from the landlord to all residents was not helpful for her situation.
The landlord has since confirmed in an internal email that it did not update the energy provider when the resident moved in or inform it of the changes to the HIUs. It said the meters were contained within the HIUs, therefore it would have been important for the energy provider to be updated when the units were changed. The landlord has also confirmed that the meter readings were supposed to be automated, but the system had been broken for some time. It said it had provided the energy provider with all the up-to-date information, however, the resident is yet to receive a recalculation of her bill.
It would have been reasonable for the landlord to have provided the resident with this information and there is no evidence that it has. In the internal email the landlord outlined what changes it had made to improve its metering and billing processes. It is positive that the landlord has shown learning from its outcomes, and it is likely that the changes will prevent similar issues in future. However, the issues remain outstanding for the resident, and the landlord must be proactive in assisting her to reach a resolution.
Overall, the Ombudsman has found maladministration in the landlord’s response to the resident’s associated billing queries. The landlord failed to take accountability for its failings in its responses to the resident. This left the resident to have to take significant time and trouble to remedy the mistakes made, which are still not resolved over 2 years later. Orders will be made to assist with seeking a resolution for the resident and in recognising the impact caused to her.

Reports of issues with the communal lighting

In its revised stage 2 response, the landlord stated that its records show the issue was first reported in December 2022. The landlord’s response was not appropriate as it was not an accurate reflection of the issue and how long it had impacted the resident for. The landlord’s records show the issue of communal lights not working go back to at least 2021. There is an email in September 2022 from the landlord to the resident confirming it would check whether the lights at the bin store were working. There is also an email from the resident on 21 November 2022 which stated that the lights outside the entrance to her building and around the building were broken. She said it was very dark approaching the building at night and asked if it could be seen to as a priority.
The landlord’s revised stage 2 response outlined some of the jobs raised and its attendance, however, it was not clear what action was taken on each occasion. For example, it said appointments were scheduled for 9 January and 6 February 2023 to repair and replace the lights, however, it did not confirm whether the appointments went ahead. As further reports of lights not working were made in May 2023, it would appear that the problem remained unresolved.
The landlord’s repairs policy states that complete loss of lighting to communal areas is classed as an emergency repair and must be attended to within 24 hours. While it was unclear at times if all the lights were not working, given the potential health and safety risk, it would have been reasonable to prioritise the repair. While there were occasions where the landlord did attend and attempt the repairs, the landlord did not always adhere to its repair timescales or complete the repair, which was not appropriate.
In its stage 1 response dated 5 June 2023, the landlord said it had raised a repair for the lights. However, its revised stage 2 confirmed that no further action had been taken following 1 June 2023. This was not appropriate. Given the time which had passed since the 1 June 2023 and the revised stage 2 response in March 2024, it would have been appropriate for the landlord to carry out checks to establish whether the lighting was working, prior to providing its response. As it did not do so, its information was outdated, and the response did not detail any timescales for any further investigation or works.
The Ombudsman finds there was maladministration in the landlord’s response to the resident’s communal lighting repair requests. It was not appropriate that the landlord did not apologise for or acknowledge its failings and take steps to provide a permanent resolution to the repair issue. The failure to complete a permanent repair in line with its policy meant that the resident and other resident’s were left living with a potential health and safety risk. The responses provided were inaccurate and did not consider the impact caused as a result of its delays. If it has not already done so, the landlord must take action to repair the communal lighting, and ensure it is fit for purpose at night.

Reports of issues with the communal bin store

In its revised stage 2 response the landlord stated that the resident first reported issues with the communal bin area since August 2021. It said it was referred to its contractor to investigate but it did not confirm if any action was taken at the time, which was not appropriate. There is also no evidence of the landlord responding to the resident’s reports made on 29 June 2022, which is a further failing.
The resident continued to report the issue, and on 20 September 2022 she said it was getting worse and it was a serious health and safety risk. She said she was told a deep clean could take place, but it had not happened. She reiterated the issue with the mesh and the risks posed. She said the issue needed to be addressed as soon as possible and the smell was so bad that it reached her flat. On 23 September 2022, the landlord confirmed that an appointment had been made to fix the bin store and the caretaker had cleaned the bin store that day. While it was positive that action was eventually taken, the delays in doing so and in responding to the resident were not reasonable.
In her formal complaint the resident referred to the “dire state” of the bin store. The resident asked if something could be done about people leaving bags in the threshold and outside the bin store, and if the CCTV could assist with identifying the offenders. The resident raised the issue again on 6 July 2023. On 12 July 2023 the landlord responded to say it had been passed on to her neighbourhood officer with a view to seeing if any further communications needed to be sent out. It said it was a tricky issue and the best course of action was to keep reporting the fly tipping as and when it occurred.
The response was not in line with its neighbourhood management policy which states that dumping bulk rubbish or fly-tipping would be treated as antisocial behaviour and is unclear what the result of passing it on to the neighbourhood officer was. There is no evidence that the landlord made any attempts to find out who the perpetrators were or that it took any specific actions as a preventative measure.
In its revised stage 2 response the landlord confirmed the mesh was fixed in September 2023, but it could see the resident reported it again in November 2023. It said it had been passed to its repairs service manager to investigate further. The delays in responding to the resident’s reports in November were not appropriate and left a potential hazard unresolved. An order will be made for the landlord to carry out the repair to the mesh, if it has not already done so.
The revised stage 2 response stated that appropriate steps were being taken to maintain the communal bin areas and the landlord has provided the Ombudsman with a sample of its cleaning logs which show that the bin store is included. It has also provided evidence of its pest control inspections. While it is positive to see that its contractors were carrying out the service required, it does not address the concerns regarding the fly tipping and bags left on the floor, creating a potentially hazardous environment. It is also not clear from the records whether the bins had been jet washed when required and given the delays in responding to the resident’s reports at times, it cannot be concluded that they were.
The landlord has stated that a letter was sent to all residents on 20 May 2023 regarding not putting rubbish on the floor and putting it in the correct bins. An order will be made for the landlord to inspect the area and consider if further action is required regarding the cleanliness or fly tipping, in line with its policies.
In summary, this has been a prolonged issue which has likely caused distress and inconvenience to the resident. There were delays in responding to the resident’s reports and the issue remains outstanding for the resident. Taking these matters into account, there was maladministration in the landlord’s response to reports of issues with the communal bin store.

The landlord’s handling of the complaint and level of compensation offered

It is not disputed that there were delays in the landlord’s responses to the resident’s complaint, which were not appropriate. The landlord acknowledged this in its revised stage 2 response and offered £250 in compensation.
The resident remained dissatisfied with the landlord’s stage 2 response in December 2023 and as a result the landlord provided a revised stage 2 response in March 2024. This was not in line with the landlord’s complaints policy or the Ombudsman’s Complaint Handling Code. We encourage landlords to keep working with residents to resolve complaints, even after the matter has gone to the Ombudsman. However, to ensure transparency and consistency, the Ombudsman does not encourage landlords to revise responses and compensation on the basis that the complaints process has been completed.
This report has already identified inaccuracies and failings in the landlord’s complaint responses. The complaints process was an opportunity for the landlord to reclaim oversight of the issues, to learn from its mistakes, and offer appropriate redress, and it was a failing that it did not do so.
The landlord offered a total of £450 in compensation, £200 was for the delay in replacing the washing machine valve, and £250 was for the delay in resolving the complaint. The report has identified additional failings for which it would be appropriate to award further compensation, these are:
1. £200 for the additional repair regarding the bathroom valve which remains incomplete.
2. £200 for the time and effort spent by the resident in repeatedly raising the repairs regarding the heating systems.
3. £200 for the likely distress and inconvenience caused to the resident for any delays and poor communication when she had no heating and hot water in the property.
4. £600 for the likely time, trouble, distress, and inconvenience caused to the resident by the landlord’s poor communication and action related to her billing enquiries.
5. £150 for the likely distress and inconvenience caused by the delays in repairing the communal lighting.
6. £150 for the likely distress and inconvenience caused by the landlord’s failings in relation to the bin store.
The Ombudsman has found maladministration in the landlord’s handling of the complaint and level of compensation offered. The additional compensation awarded has been calculated in line with the Ombudsman’s remedies guidance for findings of maladministration.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s response to:
1. Reports of a smell of sewage in the property.
2. Reports of issues with the heat interface unit and communal heating system.
3. The resident’s associated billing queries.
4. Reports of issues with the communal lighting.
5. Reports of issues with the communal bin store.
6. The complaint and the level of compensation offered.

Orders and recommendations

Orders

A senior member of the landlord staff must apologise to the resident for the failings identified in this report.
The landlord must complete the outstanding repairs in the resident’s property, namely, the bathroom valve and the washing machine valve. If the smell remains, it must inspect the property, taking into account the additional suggestions made in this report. If repairs are identified, it should create an action plan and estimated timeframe for the works to be carried out. If no further repairs are required, it should confirm this with the resident and explain the reasons why.
The landlord must provide an update on any work carried out to the communal heating and provide an action plan for any remaining work required. The action plan should include an estimated timeframe for any works to be completed.
The landlord must review and schedule work to provide a permanent solution to the insufficient communal lighting. If it determines that no further work is required, it must write to the resident and explain why.
The landlord must inspect the area in and around the bin store and consider if further action is required regarding the mesh, cleanliness, and fly tipping, in line with its policies. It must confirm its findings to the resident in writing.
If it has not already done so, the landlord must provide a named contact for the resident in relation to her outstanding energy bill and provide an update regarding the final calculation. If there is no update, it must contact the energy provider to establish why and if any further action is required.
The landlord must pay a total of £1,950 for the failures identified. This includes the £450 already offered.
The landlord is to provide evidence of its compliance with the above orders within 6 weeks of the date of this report.

Recommendations

The landlord should consider any improvements it can make regarding its communication to residents when repairs are required to a communal heating system.
The landlord should consider any additional measures it could take for the resident where there are reports of no heating or hot water which last for more than 1 day. This should take into account the resident’s vulnerabilities and its commitments outlined in its repairs policy.