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Sovereign Network Homes (Former Network Homes) (202338613)

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REPORT

COMPLAINT 202338613

Sovereign Network Homes

25 June 2024


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 the resident’s reports of a moth infestation in her home.
  2. The Ombudsman has also considered the complaint handling in this case.

Background

  1. The resident lives in a 2-bedroom flat on an assured tenancy agreement with the landlord that began in May 2023.
  2. The resident’s neighbour reported to the landlord concerns of a moth infestation in June 2023 that affected the resident’s home and the block of properties. The landlord sent a letter to all resident’s in the block of properties on 22 June 2023 and it said its contractor would attend all properties within the block including the resident’s home on 28 June 2023.
  3. The pest control report confirmed the pest to be clothes moths. It did not find moth activity within the resident’s home; however, the resident had reported insects in the living room and bathroom and therefore the landlord agreed to  arrange a treatment of the property.
  4. The resident complained to the landlord on 15 September 2023. The landlord sent its stage 1 complaint response on 28 September 2023 in which it said it had conducted a treatment of the resident’s home on 7 September 2023 and it believed one treatment to be sufficient.
  5. The resident escalated her complaint with the landlord on 9 October 2023. She said she had been promised 3 treatments of the property. The landlord responded at stage 2 of its complaints process on 13 November 2023 and it confirmed another treatment had been arranged.
  6. In May 2024, the resident contacted this Service to say she had expected a third treatment of her property, however, she had not heard from the landlord about when this would take place.

Assessment and findings

The landlord’s handling of the resident’s reports of a moth infestation in her home.

  1. In June 2023, the resident’s neighbour made the landlord aware the block of properties that included the resident’s home was experiencing an issue with a moth infestation. The landlord sent a letter to residents within the block of properties on 22 June 2023. It told residents it did not treat pest issues and this was the resident’s responsibility. However, it had visited homes in the area and it had concluded the issue was affecting multiple properties within the block and therefore it instructed its pest control contractor to survey properties and report back its findings that should include the source of the infestation and recommendations to resolve the issue. The landlord confirmed the contractor would attend the resident’s home on 28 June 2023. 
  2. Section 3.12 of the resident’s tenancy agreement states the resident is responsible for the eradication of a pest infestation. This is supported by the landlord’s pest policy. However, while the policy states the landlord will treat certain pests such as rats, mice or pharaoh ant infestation, it is specific that it will not treat an infestation of moths unless vulnerable or elderly residents are affected. However, in this case, a neighbour had indicated an infestation that affected a block of properties, and in this instance, the landlord’s policy allowed for an investigation of the issue and necessary treatment of an infestation. The landlord therefore acted appropriately in its application of its pest policy by investigating the reported moth infestation and it was fair to do so for the residents of the affected block. 
  3. The landlord received a pest control report from its contractor on 11 July 2023 that confirmed the pest to be clothes moths. The report noted observations within the properties. It found no sign of moth activity in the resident’s home; however, it said the resident reported insects in the living room and bathroom. It proposed a treatment plan based on the level of activity within the properties. For the resident’s home, this included 1 treatment of the property.
  4. The resident complained to the landlord on 15 September 2023 and the landlord sent its stage 1 complaint acknowledgement letter the same day. It told the resident it would aim to respond to her complaint by 29 September 2023.
  5. The landlord sent the resident its stage 1 complaint response on 28 September 2023. The complaint response said the resident had noticed fruit flies at her home and she discussed this with neighbours. It was identified that the insects were tiny moths that were also affecting neighbouring properties within the vicinity. The landlord had arranged pest control involvement and while most properties were receiving 3 treatments, the resident was only offered one single treatment that was conducted on 7 September 2023. The landlord stated this was because the infestation in the resident’s home was considered to be less severe than within other properties. The landlord referred to the following:
    1. A resident had advised the landlord their home was affected by moths in May 2023. The landlord told the resident it was their responsibility to treat. However, in June 2023, the resident advised the landlord other residents within the vicinity were affected by a moth infestation and the resident provided a list of properties affected by the moths to the landlord.
    2. The landlord organised for its pest control contractor to inspect properties to determine whether it was an individual property issue or whether it affected the block of properties. The contractor reported the infestation affected the block of properties and a survey of all properties was conducted on the same day on 10 July 2023.
  6. The contractor reported high level of moth activity within some properties. However, there was no signs of moth activity within the resident’s home. It noted the resident’s report of insects in the living room and bathroom and agreed to one treatment. The resident was advised to remove all dust debris. The landlord did not uphold the resident’s complaint. It did however tell the resident that it would arrange a further pest control visit if the resident believed this was necessary.
  7. The resident contacted the landlord on 9 October 2023 to say she remained dissatisfied with the landlord’s actions. She stated that she had to get rid of food because of the infestation and that the moths were in her bed and clothes. The resident said she had been promised 3 treatments but had only received 1 treatment. The resident explained the situation was causing her distress and anxiety.
  8. On 16 October 2023, the landlord acknowledged the resident’s escalation and said it aimed to provide her with a response by 13 November 2023.
  9. The landlord sent the resident its stage 2 complaint response on 13 November 2023, and it recapped on its actions contained within its stage 1 complaint response. The landlord said it arranged for pest control to reinvestigate the issues at the property and provide its report and recommendations. This had been booked in for 10 November 2023. On 13 November 2023, the pest control report stated, “the resident has seen the odd moth since the last treatment”. No visible signs of activity found on inspection throughout the area”. A spray treatment was undertaken throughout all areas of the property to help control and kill any current moth activity.
  10. In conclusion, the evidence shows the landlord stated it would not normally treat an individual property for moths in accordance with the terms of the tenancy agreement. However, as a pest report suggested the block of properties was affected by moths, it appropriately investigated the matter and attended each property within the block. There is no evidence to support the resident’s claim the landlord had told her it would apply 3 treatments to her home. The landlord stated it had a treatment plan in place for 1 treatment to be applied to the property based on its expert report on the level of moth activity. When the resident raised further concerns, the landlord acted on the resident’s concerns and offered the resident a further treatment. Therefore, the landlord listened and acted on the resident’s concerns in accordance with the recommendations of a pest controller in an attempt to eradicate the moth activity within her home.
  11. It is appropriate for the landlord to rely upon the recommendations and advice of experts in its provision of services and to guide how it responds to complaints. In this instance, the evidence shows the landlord conducted a proportionate response to pests as they were observed by its pest controller, specific to each property. The evidence shows the landlord acted reasonably in the service it provided at the residents property, based on the advice of its pest controller. In doing so, there was no maladministration in relation to how it handled this aspect of the residents complaint.

Complaint handling

  1. The resident complained to the landlord on 15 September 2023 and the landlord sent the resident a stage 1 acknowledgement letter the same day. It said it would aim to respond to her complaint by 29 September 2023. The landlord sent its stage 1 complaint response to the resident on 28 September 2023; 9 working days later.
  2. The Ombudsman’s Complaint Handling Code states a landlord should log and acknowledge complaints within 5 working days and respond in 10 working days. The landlord therefore acted appropriately in handling the resident’s stage 1 complaint.
  3. The resident escalated her complaint to the landlord on 9 October 2023 and on 16 October 2023, the landlord acknowledged the resident’s complaint and provided its stage 2 complaint response on 13 November 2023. The Ombudsman’s Complaint Handling Code states a landlord should log and acknowledge a complaint within 5 working days and provide a stage 2 response within 20 working days. The landlord therefore complied with the Complaint Handling Code.

Summary of events after landlord’s complaints process

  1. The resident contacted this Service on 20 May 2024 to provide an update. She said the landlord had applied 2 treatments to her property and she was expecting a third treatment, however, she had not had an update from the landlord about when this would be.

Determination

  1. In accordance with Paragraph 52 of the Scheme, there was no maladministration in the landlord’s handling of the resident’s reports of a moth infestation in her home.
  2. In accordance with Paragraph 52 of the Scheme, there was no maladministration in the landlord’s complaint handling.

Orders and recommendations

Recommendations

  1. The landlord should provide this Service with an update on whether moths are present at the property including an update on its planned action in relation to treatment of moths at the resident’s home and within the block of properties.
  2. The landlord should provide evidence of compliance to this Service within the timeframes set out within this report.