Summary: Miss X complained the Council has failed to address a leak in the boiler in the temporary accommodation she lives in. We find the Council was at fault for failing to follow up with the landlord about a boiler part Miss X said had to be replaced. This caused Miss X frustration, upset and uncertainty. The Council has agreed to our recommendations to apologise to Miss X and make a payment to her.

The complaint

1. Miss X complained the Council has failed to address a leak in the boiler in the temporary accommodation she lives in. She says this has caused distress and upset and it has led to excessive water bill charges.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

4. I have investigated matters from August 2023 to the end of October 2024 (when the Council offered Miss X alternative temporary accommodation).
5. We investigated another complaint from Miss X (23015730) about issues with her temporary accommodation. We will not revisit those issues in this investigation.

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How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant law and guidance

8. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
9. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)

What happened

10. The Council accepted the main housing duty towards Miss X several years ago. It placed her in temporary accommodation. Miss X raised several issues about the suitability of the accommodation and disrepair issues. We investigated those issues (23015730) and upheld Miss X’s complaint. We found the Council had delayed assessing the suitability of the accommodation and it had delayed offering Miss X suitable temporary accommodation. During the investigation, Miss X raised further concerns about her boiler leaking. We advised Miss X to raise those concerns directly with the Council.
11. Miss X complained to the Council in May 2024 about a high water bill because of its failure to resolve a leak with the boiler.
12. The Council contacted the landlord and asked it to check the boiler. It chased the landlord the following day. The landlord responded and said it had resolved the leak. In an internal email the Council said it had spoken to Miss X, and she confirmed the leak had stopped, however a boiler part still needed to be replaced. The Council told one of its officers to speak to the landlord.
13. The Council responded to Miss X’s complaint. It said its contractor serviced the boiler every year. The landlord was responsible for maintaining the central heating system. Therefore, the landlord was responsible for any associated repair works. Its contractor was not liable for any repairs, apart from servicing it once a year.
14. The Council’s contractor carried out its yearly service of the boiler in August. It did not note any repair issues.
15. After Miss X referred her complaint to this office, the Council contacted her in September and asked why she was still unhappy. Miss X said it had failed to resolve the issues, and it was liable for her high water bill.
16. The Council issued its final response to the complaint. It reiterated it was not responsible for repairing the boiler and it was only responsible for carrying out a service. It said it had contacted the landlord to ensure it carried out the necessary repairs. It also said it previously asked its contractor to visit in January 2024 and survey the boiler. The survey would have provided an estimate on any repairs which it would have communicated to the landlord. It said its contractor contacted her several times in February 2024 but did not receive a response. It encouraged her to contact its contractor for the survey. It also suggested she talk to the water company about her increased water bills.
17. The Council offered Miss X alternative temporary accommodation which it decided was suitable at the end of October. Miss X refused the Council’s offer.

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Analysis

18. When the Council first became aware of the issues with the leaking boiler, it took prompt action by contacting the landlord. Both the landlord and Miss X confirmed the leak had been resolved. However, Miss X explained a part had to be replaced. The Council said it would follow this up with the landlord. The Council did not do this. This is fault.
19. The Council’s contractor serviced the boiler in August. This checks whether the system is working properly and is safe to use. It is not a detailed internal check of the construction and lining of the boiler. The contractor did not identify any issues with the boiler. However, in Miss X’s email with the Council in September, she made it clear the issues were not resolved. The Council did not follow matters up with the landlord or arrange its own detailed inspection of the issues to understand what Miss X’s ongoing concerns were. This is fault.
20. Miss X says she stopped contacting the Council as it told her the issues were the landlord’s responsibility. In the Council’s stage one response it said it is responsible for servicing but not repairing the boiler. I can therefore understand why Miss X stopped contacting the Council. However, the Council has a legal duty to ensure a homeless applicant is in suitable accommodation which is free from disrepair or hazards. If a landlord is not resolving the repairs, the Council should step in and take ownership of the issues.
21. The Council’s faults have caused Miss X upset, frustration and uncertainty. Miss X says she has an increased water bill because of the Council’s fault. She has provided me with correspondence from the water company. The water company has stated a leak is having an impact on the bill. I have seen a copy of the bill, and it has increased significantly. However, the water company has not inspected the boiler and nor has the Council. We cannot say, even on the balance of probabilities, if the Council/landlord had inspected the issues at time whether it would have identified a leak and whether it would have made any repairs that would have resulted in a reduction of her water bill. Therefore, it is not appropriate for to recommend the Council pays for Miss X’s water bill.

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Agreed action

22. By 5 August 2025 the Council has agreed to:

• Apologise to Miss X for the injustice caused by the fault identified in this decision statement.
• Pay Miss X £150 for her frustration, upset and uncertainty.

23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. There was fault by the Council, which caused Miss X an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman