Sovereign Housing Association Limited (202214966)

REPORT

COMPLAINT 202214966

Sovereign Housing Association Limited

10 July 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 concerns how the landlord handled:
   1. Repairs to the building’s centralised heating system.
   2. The replacement of the kitchen flooring in the resident’s property.
   3. The associated formal complaint into these matters.

Background

2. The resident is an assured tenant of the landlord, which is a housing association. The property is a flat in a communal building. The heating to the resident’s property is supplied by a centralised heating system.
3. On 15 March 2022 the resident reported that the vinyl flooring in the kitchen was damaged. An inspection of the flooring was arranged for 7 April 2022 and the landlord took the decision to replace it. Between 16 September 2022 and 4 November 2022, the centralised heating system in the resident’s property was not working while the landlord undertook repairs. The landlord wrote to all residents of the building on 5 October 2022 to inform them that two boilers had failed, that work to repair the issue was due to be completed by 31 October 2022 and that it would provide the households with temporary heating while the repairs were ongoing.
4. On 25 and 27 September 2022 the resident wrote to the landlord and requested to raise a complaint into how it was handling these issues. He described the elements of the complaint as:
   1. His household had been without heating since 16 September 2022. The landlord did not offer temporary heaters for the first three weeks the heating was not available.
   2. He was concerned about the effect on his and his family’s health the lack of heating may cause heading into the winter months.
   3. He had experienced an increase in energy costs as a result of using temporary heaters and the immersion heater for hot water.
   4. He was expecting the kitchen flooring to be replaced by the landlord on 11 and 12 August 2022. However, this did not go ahead as the landlord had ordered the wrong type of flooring.
   5. He had received a poor level of communication from the landlord when chasing up the status of the flooring replacement.
   6. As a resolution to the complaint the resident requested to be compensated for the delays in completing the replacement of the kitchen flooring, to be refunded the costs in the increase in electric usage (which he calculated was £280.21), and to receive a rent refund for the period he was without heating.
5. The landlord sent the resident a stage one complaint response on 3 November 2022 and a stage two complaint response on 12 December 2022. In its responses, the landlord:
   1. Explained that that the heating loss was the result of a major failure in the centralised plant room. Confirmed that temporary heaters were provided on 5 October 2022 and that it had agreed to pay the £280.21 requested by the resident for the increase in energy costs.
   2. Apologised that the work was not completed within its original timeframe and for not providing temporary heating when the issue was first reported on 16 September 2022.
   3. Informed the resident that the kitchen flooring was measured for replacement on 11 July 2022 and the original flooring was removed on 7 September 2022. Explained that there was then a delay in completing the work as the wrong colour of flooring was ordered. The landlord arranged for a subcontractor to complete the replacement work as its normal flooring contractor would not be available.
   4. Confirmed that the flooring had now been replaced, apologised for the delay and offered £50 compensation for the inconvenience this had caused.,
6. In referring the case to this Service, the resident described the outstanding issues of the complaint as the level of compensation offered was not adequate in light of the delays and poor service he experienced from the landlord. As a resolution to the complaint, the resident requested to be compensated £1,440, which equated to two months’ rent for the period the repairs were outstanding. The resident also stated his dissatisfaction that the landlord’s complaint responses were not provided within its published timescales.

Assessment and findings

Relevant policies and procedures

7. Part F of the tenancy agreement relates to repairs and confirms the landlord’s obligation, under Section 11 of the Landlord and Tenancy Act 1985, to repair and maintain installations in the premises which support general heating and heating water.
8. The landlord’s repairs policy categorises its repair types as “Emergency” (make safe within 24 hours) and “Responsive” (attend at an appointment time agreed with the tenant). The landlord defines an emergency repair as “incidents that could seriously damage someone’s health or the property”. The policy states that a loss of heating or hot water between 14 October and 14 March is considered an emergency repair.
9. The landlord’s complaints policy states its aims to respond to a complaint at stage one within ten working days and at stage two within 20 working days.
10. The landlord’s compensation policy states that it will consider offering financial redress “to return the customer back to where they were before the problem happened”. The policy also states that the landlord will consider offering a goodwill gesture or discretionary compensation for an admitted service failure.

Scope of investigation

11. In emails sent to this Service on 31 October 2022 and on 12 December 2022, the resident described the effect on his and his family’s health caused by the outstanding repairs. The Ombudsman does not doubt the resident’s comments. However, 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 health and that of his family. Whilst we 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 failures by the landlord.

Centralised heating system repairs

12. On receipt of the resident’s report concerning the loss of heating to their property, the landlord had a duty to respond to the matter in line with its obligations set out in the tenancy agreement and its published policies and procedures. The landlord’s repair logs and internal correspondence state that:
    1. It received reports from several residents in the building on 16 September 2022 that they had lost heating and hot water. It was informed by its heating contractor on 17 September 2022 that two boilers had failed in the building’s plant room and required replacement.
    2. The landlord’s heating contractor informed it on 23 September 2022 that it had ordered two replacement boilers and it would arrange for them to be fitted as soon as they arrived.
    3. A work order was raised to replace the boilers on 28 September 2022. An investigation on 29 September 2022 identified a further issue with the pump system.
    4. The landlord wrote to all residents of the building on 5 October 2022 informing them that it expected the repairs to be completed by 31 October 2022 and that it would be providing temporary heaters.
    5. The landlord wrote again on 3 November 2022 to inform the residents that due to supply issues, there had been a delay in completing the work and the repairs would now be completed on 4 November 2022.
    6. The resident wrote to the landlord on 14 November 2022 and informed it that he had lost heating in his property again.
    7. A work order was raised on 14 November 2022 to replace the hot water cylinder, water filter and pump. This was marked as completed on 16 November 2022.
    8. The communal repair logs show intermittent issues with the centralised heating system in November and December 2022 which were raised by several residents in the building.
    9. On 6 January 2023, a work order was raised for a complete replacement of the plant room equipment. This was marked as completed on 15 March 2023.
13. Overall, the landlord acted appropriately to the reports. The initial reports of the heating failure were made in September, therefore in line with its repairs policy detailed above the issue would not be considered an emergency. However, the landlord’s heating contractor did attend within 24 hours and informed the landlord on 17 September 2022 that two boilers would require replacement to restore heating to the building. The logs go on to show that several inspections of the heating system were undertaken and additional work was recommended during the period the landlord was waiting for the replacement boilers to be delivered. A further heating outage reported by the resident was attended to by the landlord on the same day. This was appropriate as this outage occurred during the time period where loss of heating is considered an emergency.
14. Therefore, there is no evidence of service failure in how the landlord handled the repairs to the centralised heating system. The landlord arranged for its heating contractor to inspect the system within 24 hours of the first reports of a heating failure, approved the recommended work and wrote to the residents of the building to keep them updated on the status of the work. When interment issues with the heating system continued, the landlord arranged for a complete replacement of the heating system. This was appropriate action for the landlord to take as the ongoing issues reported by its residents required a permanent solution. However, it was reasonable for the landlord to consider repair in the first instance as social landlords have limited resources and they are expected to manage these resources responsibly.
15. There was, however, service failure by the landlord in the delay in providing temporary heating. It was clear from 17 September 2022, when its heating contactor informed it that two boilers required replacement, that there would be a significant period of time before the heating was restored, and yet the landlord did not provide temporary heaters until the work to install the new boilers started on 5 October 2022. While it was appropriate for the landlord to apologise for this delay in its stage two complaint response to the resident, it should have also considered offering discretionary compensation for the inconvenience that this caused in line with its compensation policy detailed above.
16. The Ombudsman’s own remedies guidance (which is available on our website) suggests a payment of £100 to £600 in cases of considerable service failure or maladministration by a landlord. This includes distress and inconvenience, time and trouble, disappointment, loss of confidence, and delays in getting matters resolved. Therefore, a payment of £300 that recognises the three-week delay in providing temporary heating to the resident and the inconvenience that this caused to his household would be appropriate in the circumstances.
17. It was appropriate for the landlord to reimburse the resident for the increase in energy costs, in line with its compensation policy. The resident wrote to the landlord on 19 October 2022 stating that he had seen a £280.21 increase in his electric usage as a result of the temporary heating and use of the immersion heater. The landlord accepted this figure on receipt of an electric bill and paid the requested sum.
18. The resident also requested a two-month rent refund from the landlord for the period the repairs were outstanding. This was declined by the landlord. This Service has been provided with no evidence from the resident or the landlord that shows that the lack of heating from 16 September 2022 to 4 November 2022 had made any part of the property uninhabitable and therefore it was reasonable for the landlord to decline the resident’s request for a rent refund.

Kitchen flooring replacement

19. It is not in dispute that there was a delay in replacing the kitchen flooring as a result of the landlord’s flooring contractor ordering the wrong colour of replacement flooring and the landlord then having to arrange for a subcontractor to complete the work as its original contractor was not available.
20. Therefore, it was appropriate for the landlord to apologise the resident for its poor service in its stage two complaint response and offer compensation. However, the level of compensation it offered it was disproportionately low given the length of the delay, the old flooring being removed on 7 September 2022 and the resident has stating that the new flooring was installed on 21 November 2022. Accordingly, the omission of a fair and reasonable consideration of compensation was a service failure.
21. Therefore, in line with the Ombudsman’s remedies guidance detailed above, it would be appropriate for the landlord to pay the resident £200 compensation, inclusive of the £50 it has already offered, for the delays in installing the new kitchen flooring and the inconvenience that this caused the resident.

The landlord’s complaint handling

22. The landlord did not follow its complaint policy at either stage of the complaints process. The resident first raised a complaint on 25 September 2022 and received a stage one response on 3 November 2022: 19 working days outside of its published target of ten working days. The resident requested an escalation of the complaint on 7 November 2022 and received a stage two response on 12 December 2022: six working days outside of its published target of 20 working days.
23. These delays caused clear inconvenience to the resident, who contacted this Service on several occasions to request our assistance in progressing his complaint. Therefore, there has been service failure by the landlord in its complaint handling and in order to fully resolve this aspect of the complaint further compensation is warranted.
24. The Ombudsman’s remedies guidance recommends a payment of £50 to £100 in cases of service failure of a short duration that may not have significantly affected the overall outcome. It would therefore be appropriate for the landlord to pay £100 compensation for the delays at both stages of its complaint process and the clear inconvenience that this caused the resident.

Determination

25. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of:
    1. How it handled repairs to the building’s centralised heating system.
    2. The replacement of the kitchen flooring in the resident’s property.
    3. Its handling of the associated formal complaint into these matters

Orders

26. That within four weeks of the date of this report, the landlord is ordered to pay to the resident a total amount of £600 in compensation. This is made up of:
    1. £300 for the delay in providing temporary heating.
    2. £200 for the delay in replacing the kitchen flooring, this is inclusive of the £50 already awarded by the landlord in its complaint process, if this has not already been paid.
    3. £100 for service failure in its complaint handling.
27. The landlord is to confirm to this service when this payment has been made.
28. It is the Ombudsman’s position that compensation awarded by this Service should be treated separately from any financial arrangements between the landlord and resident and should not be offset against any arrears.