The complaint

A four-month tenancy was filled with numerous issues from day one, including a lack of heating and hot water during winter months, a missing Electrical Installation Condition Report (EICR), internet issues, and poor complaints handling.

1 – No heating or hot water

Soon after the tenants moved into their flat, they noticed they did not have a reliable supply of hot water or heating. Once they reported the issue to the letting agent, the landlord was made aware, yet it took over eight weeks to resolve, posing a risk to the tenants health.

Although the landlord has a legal obligation to ensure the property has adequate heating and hot water, if the letting agent is aware the landlord is not fulfilling this obligation, the agent must intervene.

The tenants had to chase the agent several times, contractors failed to fix the issue, and it was only after eight weeks that it was finally resolved.

Adjudication determined there was no evidence to show the issue was treated urgently by the agent and no consideration was given to temporarily relocate the tenants so this aspect of the complaint was supported.

2 – Electrical Installation Condition Report (EICR)

When the tenancy started, it became apparent that an EICR was not in place, potentially posing another risk to the tenants along with invalidating the landlords property insurance.

Electrical safety standards require landlords to ensure the electrical installations in their rented properties are inspected and tested at least every 5 years and that a report (EICR) is provided. The agent contacted the landlord three times regarding this before the tenancy started, yet it was still not in place when the tenants moved in.

As the tenants were not made aware of this, adjudication determined the agents had breached the Codes of Practice by not treating the tenants fairly.

3 – Internet fail

During a viewing of the flat, it was confirmed to the tenants that fibre broadband would be available. As one of the tenants worked from home, an immediate internet connection was vital. Once the tenants moved in, they discovered fibre broadband was not available and subsequently paid for the broadband activation themselves. After numerous communications and confusion around this matter between the tenant, agent and landlord, the agent apologised and offered a full refund of the activation fee.

4 – Complaints handling

A formal complaint was raised to the agents regarding the various issues, with a response received a few weeks later. After escalation, a final viewpoint letter was issued nearly two months later. Due to the agents delayed responses to the complaint, adjudication supported this complaint.

Outcome

Overall, the myriad of issues the tenants experienced caused significant impact and an amount of £919 was awarded to settle the dispute.

Lessons learnt from this case

– Agents should consider the health and safety of tenants and where it’s observed that a landlord is not fulfilling their obligations, agents must intervene. In this case, resolving a hot water and heating issue should have been done with urgency along with making tenants aware that an Electrical Installation Condition Report (EICR) had not been completed.

– At property viewings, when important services such as broadband are promised, these need to be upheld. Decision-making at property viewings can be swayed, in this case, one of the tenants worked from home so fibre broadband being available was important in their decision to decide to rent the flat.

– As in the Codes of Practice, all written complaints must be acknowledged in writing within 3 working days and an investigation must take place. Then, a formal written outcome of the investigation must be sent to the complainant within 15 working days of receiving the complaint.

Read more of The Ombudsman Files here.