Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Peabody Trust (202325915)

Back to Top

REPORT

COMPLAINT 202325915

Peabody Trust

31 March 2025


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 is about the landlord’s handling of a rat infestation.

Background

  1. The resident is an assured tenant of the landlord, a housing association. Her tenancy started in 2008. The property is a flat in a block in an urban area.
  2. Between October 2021 and January 2023, the landlord visited the block 13 times to treat for rodents in the communal areas. It also attended the resident’s property 5 times between March and May 2022, for the same reason.
  3. In April 2023, the resident reported there was a rat infestation at the block. She said putting bait boxes down would not fully resolve the problem and more preventative action was needed to stop this. The landlord acknowledged her contact on 18 April 2023.
  4. The resident made a complaint to the landlord, via us, on 2 June 2023. She said she had not received an update from the landlord regarding the rat infestation. Around 3 weeks later, the landlord visited the block and noted it left bait boxes in communal areas, and covered entry points.
  5. The landlord’s stage 1 complaint response, sent on 3 July 2023, said it had not taken any action in response to her report in April 2023. It apologised for this and offered £100 compensation. It told her it would be revisiting the block the following month to top up bait, monitor rodent activity, identify and carry out proofing works.
  6. On 13 October 2023, the resident told the landlord she had contacted it 4 times to ask for an update regarding the rat infestation, but had not received a reply. The landlord treated this as a request to escalate her complaint to stage 2.
  7. The landlord visited the block in November 2023, to treat for rodents and investigate how it could prevent them from returning. Following this, it recommended doing a survey of the drains to check for faults and cutting back overgrown shrubs to make the area less attractive to rodents. It  noted these actions were completed in February 2024.
  8. The landlord’s stage 2 complaint response, sent on 14 November 2023, said there had been no service failure in its handling of the rat infestation. It advised it had taken the matter seriously and followed its processes to address this. It committed to look in to preventative actions it could take to resolve this. The resident asked us to investigate her complaint in June 2024, and said the problem was ongoing.

Assessment and findings

Scope of investigation

  1. The resident said she has reported the rat infestation to the landlord for more than 10 years. Our investigations generally cover the period 12 months before the resident made their formal complaint to the landlord. In this case, the resident raised her formal complaint in June 2023, and so the scope of our investigation would normally include events up until June 2022.
  2. However, the scope of our investigation has been extended to October 2021. This is because the landlord considered this period as part of its complaint investigation. Therefore, we have assessed the same period as the landlord. Anything that happened before October 2021, will be considered for context but not assessed as part of this investigation.

Rat infestation

  1. The landlord is responsible for dealing with rats in communal areas in line with its pest control policy. This said it would deal with pest infestations, including rats, in communal areas such as lobbies, hallways, staircases, landings and bin stores. It also said it would assess rat infestations inside resident’s properties.
  2. The landlord visited the communal areas of the block 13 times over a 15 month period, between October 2021 and January 2023. As part of these visits, the landlord assessed the condition of the area, replenished bait, covered up access holes and spoke with residents. The landlord’s pest control policy said it would take reasonable, prompt action to manage pest infestations. Considering the regularity of the visits, actions taken and the detailed records kept, the landlord’s actions were reasonable and in line with its pest control policy.
  3. The landlord’s records show it carried out treatment in the resident’s property for rats between March and May 2022. We have seen no evidence of when she reported this issue, however, it is reasonable to assume she did, because of the treatment carried out. The landlord carried out 4 treatment visits over the 3 month period. At these visits it noted it left and replenished bait, covered up access holes and asked for feedback from the resident. This was reasonable and showed it was taking the matter seriously, in line with its pest control policy.
  4. At the fourth visit, on 12 May 2023, the landlord noted no bait had been taken, no droppings found and the resident reported no recent activity or sightings. Therefore, it was reasonable that the landlord stopped the treatment in her property at that time.
  5. The resident reported the rat infestation at the block to the landlord from at least 18 April 2023. Despite acknowledging this contact, there is no evidence it took any action in response to this, until the formal complaint was raised around 2 months later. This amounts to maladministration and left the resident feeling ignored.
  6. When the resident reported the rat infestation was ongoing as part of her complaint in June 2023, and escalation request in October 2023, the landlord reattended to treat the communal areas. This was sensible to address the problem. On both occasions, it attended in around 3 weeks, which was a reasonable time frame.
  7. In the stage 1 response, the landlord said that despite its best efforts, getting rid of rodents could sometimes take longer than it hoped. It was sensible of the landlord to tell the resident this, so she understood its limitations. It is understandable that having rats in the area was upsetting for the resident, however, the presence of these was not a failure by the landlord. Rats are common in urban areas and while the landlord was obligated to take action to address this, it was reasonable that this could take some time to resolve. 
  8. From at least April 2023, the resident asked the landlord to take more, preventative action to resolve this issue. Considering the period of time this had been ongoing, this was a sensible suggestion. Despite the landlord committing to look at further preventative, proofing works as part of the stage 1 response in July 2023, there is no evidence it progressed this this until 3 months later, in October 2023. This was after the complaint had been escalated to stage 2 and the resident had contacted the landlord at least 6 more times about this. This amounts to maladministration and left the resident feeling the landlord did not want to resolve this issue.
  9. Following a visit on 1 November 2023, the landlord recommended further works to investigate and prevent the infestation. These were sensible suggestions and in line with the landlord’s pest control policy; which said it would carry out proofing works, where required, for infestations that had originated in communal areas.
  10. Despite recommending works in November 2023, the landlord did not complete these until 3 months later, in February 2024. These were not complex or large scale works so it should have completed these sooner. Its failure to do so amounts to maladministration and left the resident feeling that the landlord was not taking the matter seriously. She also incurred time and trouble in re-raising this issue with the landlord on at least 2 occasions in November 2023 and January 2024 before these works were completed.
  11. The resident asked the landlord to concrete over a grass area outside the property, as she believed this was attracting rats to the area. As part of the stage 2 response, the landlord agreed to look into this, which was sensible to reassure the resident it was doing all it could to resolve this issue.
  12. The landlord told the resident in December 2023, that it could not do this because the area was a steep slope, and covering these types of areas increased the risk of flooding due to run off. It said there were properties at the bottom of the slope, so this posed a significant risk of flooding. It also told her that because of the climate crisis, this was not in line with its sustainability commitments. While frustrating for the resident, the landlord’s response was reasonable.
  13. In internal communication on 17 October 2023, the landlord said there was no communal gardening service for the block, which had led to shrubs being overgrown. It acknowledged this would be an ideal location for rodents. The landlord subsequently went on to cut back the overgrown shrubs, which was sensible. However, as it knew there was no ongoing gardening service, cutting back the area was only a temporary solution, as the shrubs would regrow.
  14. With that in mind, the landlord should have considered a longer term arrangement to maintain the shrubs. Doing so would help to prevent rodents being attracted to the area. There is no evidence the landlord considered this until 3 months later, in February 2024. This was only after the resident raised this issue on at least 2 further occasions. This delay amounts to maladministration and was frustrating for her.
  15. Overall, there was maladministration in the landlord’s handling of this issue. While the landlord acknowledged this at stage 1, it failed to do so at stage 2. This was confusing for the resident and left her feeling let down. We have made orders for the landlord to apologise to the resident and pay her £300 compensation, inclusive of the £100 already offered, if not done so already. This is in line with our remedies guidance.
  16. We are aware the landlord took further action regarding the rat infestation in 2024, including a second drain survey as well as treatment visits and proofing works in the communal areas and resident’s property. These actions have not been assessed as part of this investigation, as they happened after the stage 2 complaint response was sent in November 2023. This means they were not a result of or considered as part of the landlord’s internal complaints process.
  17. It is not clear if these actions have fully resolved this issue. Therefore, an order has been made for the landlord to contact the resident to confirm the current position regarding the rat infestation. If this is ongoing, the landlord to inspect the affected areas to identify what, if any works it will carry out to address and/ or prevent this. A written update to be provided to the resident, and other households in the block, confirming what action it will take with a timescale for these to be completed.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of a rat infestation.

Orders

  1. Within 4 weeks, the landlord is ordered to provide evidence that it has:
    1. Apologised to the resident for its handling of the rat infestation.
    2. Paid the resident £300 compensation for its handling of the rat infestation (inclusive of the £100 already offered, if not done so already).
    3. Contacted the resident to confirm the current position regarding the rat infestation. If this is ongoing, the landlord to inspect the affected areas to identify what, if any works it will carry out to address and/ or prevent this. A written update to be provided to the resident, and other households in the block, confirming what action it will take with a timescale for these to be completed.