Council let flat with gas leaks and no heating or hot water

Archived press release

Date Published: 24/06/09

Havering Council let out a flat that had major gas leaks in the system and no heating or hot water, and then delayed two months in addressing the problems,

Havering Council let out a flat that had major gas leaks in the system and no heating or hot water, and then delayed two months in addressing the problems, finds Local Government Ombudsman, Tony Redmond. In his report, issued today (24 June 2009) he says “It is entirely reasonable to expect a property to have heating and hot water from the start of a tenancy. [The complainant] appears to have tried to sort matters out, but he ‘was given the run around’.”

‘Mr Hoskyns’ (not his real name for legal reasons) complained that the £100 compensation the Council offered for its delays in connecting his gas supply when he took tenancy of a Council-owned flat was inadequate, as he was unable to move in and had to pay an additional two months rent in his previous, privately-rented accommodation. The Council also pursued him for an overpayment of housing benefit that arose because he was not living at the new flat and so was ineligible for benefit.

The Ombudsman found fault by the Council in its actions in letting out a property that was not in a lettable condition at the start of the tenancy. It acted unreasonably in seeking to recover the housing benefit that Mr Hoskyns had claimed for his new property when it was aware that he could not move in, and failed to advise him to notify the Revenues and Benefits Services.

It would have been open to the Council to have settled Mr Hoskyns’ complaint at an early stage of the Ombudsman’s investigation when the Council’s fault had been clearly set out, but this early settlement was declined by the Council.

The Ombudsman finds maladministration causing injustice and, in accordance with his recommendations, the Council has agreed to pay Mr Hoskyns:

• £1,550 to reflect the two months rent paid for the privately-rented accommodation;
• the amount of housing benefit he would have received between the start of his tenancy and the date a proper gas supply was provided; and
• £350 to reflect his time and trouble in pursuing his complaint.

The Ombudsman has agreed to assist the Council with the staff training that it requested.

Report ref 08 005 922