Thirteen Housing Group Limited (201915406)

REPORT

COMPLAINT 201915406

Thirteen Housing Group Limited

04 March 2021

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

The complaint is about the landlord’s response to reports of pest infestation.

Background and summary of events

Background

The residents are the assured tenants of the landlord at the property for which the complaint concerns. As the complaint to the Ombudsman was made in the names of both residents this report will refer to ‘residents’ throughout even though in some instances communications may have been with one of the residents.
The residents are aged 69 and 72. They identify that they have health and disability issues, including both having chronic obstructive pulmonary disease and cardio-vascular conditions. One resident also has diabetes, and one resident is a wheelchair user. The residents have stated that the landlord is aware of their health issues. The landlord’s records on disabilities identify a cardio-vascular condition for one resident and an ‘other’ disability for one resident.
The landlord owns the property. The property is a two bedroom ground floor flat in sheltered accommodation for older people. The property was let to the residents on an assured tenancy on 4 February 2013.

Tenancy Agreement, Policies and Procedures

The landlord’s website states they will deal with pest problems in the home where there are rats, mice, cockroaches, fleas and bedbugs, but only if the issue has been caused by a problem with the building.
The tenancy agreement confirms the landlord’s responsibility for maintaining the structure and exterior of the property. More details on repair responsibilities are provided on the landlord’s website. ‘Boxing in pipework’ appears in a list of landlord responsibility repairs though ‘Boxing in pipes’ appears in a list of resident responsibility repairs.
The repair responsibilities document identifies three categories of repair:

Emergency – 24 hours
Appointable (repairs that can prevent immediate damage to the property) – 28 days
Planned (non-urgent repairs) – 60 days

The landlord’s complaints procedure identifies a two–stage complaint process. It requires that on receipt of the complaint the customer will be advised either verbally or by letter of the timescale of the complaints procedure and who the complaint has been referred to for investigation. It also requires that a stage one response is provided within 5 working days and a stage two response within 10 working days. If this is not achievable the resident should be informed of the reason for the delay and when a response will be provided.

Summary of events

On 23 December 2019 the Ombudsman emailed the landlord regarding a separate complaint about gardening services. In this email it mentioned that the residents had raised concerns about fruit fly infestation due to issues with the gardening service.
On 22 January 2020 the Ombudsman spoke to the residents and they raised the issue of flies in the property although on this occasion it was not suggested the problem related to gardening issues. The residents stated that they had contacted the landlord about the issue and that nothing had been done. The resident stated they had also contacted the Local Authority’s (LA) Environmental Health service and had been told they would be charged for pest control in relation to flies. The Ombudsman advised the resident to make a formal complaint to the landlord.
Landlord records show that the LA pest control team first visited the property on 28 January 2020 at the request of the landlord. This was to investigate reports of rodents and the feedback indicates there were mouse droppings in kitchen and boiler cupboard. Bait was left. It was noted that kickboards in the kitchen were fixed and they requested removal as there may have been an entry point in pipe boxing.
The residents contacted the landlord on 4 February 2020 stating pest control asked them to request a joiner is booked to meet with pest control at the property. They informed the landlord that there were two other properties reporting problems with mice and that pest control had visited some of the properties, but the problem was persisting.
Pest control attended again on 7 February 2020 and noted that there had been no takes on the bait. On 11 February 2020 pest control attended and again noted there was no takes on the bait. A joiner removed the kickboards and pest control noted ‘Entering points at bottom of pipe boxing kitchen needs attention – reported to landlord’. More bait was added under the kickboards. A visit by pest control on 18 February found no take up of bait though at a further visit on 25 February 2020 noted a small take on the bait.
The residents wrote to the Ombudsman on 28 February 2020 and identified that they wrote to the landlord’s Chief Executive in the previous month regarding the mice and fruit flies/flying insects and received no response. The Ombudsman has not been provided with a copy of this letter.
On 3 March 2020 pest control visited and found no takes on the bait though reported the residents had found a dropping. A further bait was placed in the boiler cupboard. Pest control also reported ‘Bin rooms and electric cupboards in building need baiting’. On the 10 March 2020 a pest control visit found no take up of baits or reports of activity at the property. A record dated 26 March 2020 notes no report of activity and that visits were suspended due to Covid restrictions.
On 7 March 2020 the Ombudsman emailed the landlord to confirm information had been received from the resident that they had made complaint to landlord regarding ‘pest infestation’. It requested a response to resident by 27 March 2020. The landlord logged the 7 March 2020 as the start date of the formal complaint.
The residents sent a letter to the Ombudsman dated 15 March 2020. It referred to a visit by landlord staff made on 11 March 2020. The residents confirmed that they raised the issues of flies during the visit and stated that the staff were in a rush and didn’t take notice of the flying insects on the fly paper in the rooms.
The landlord sent a stage one complaint response letter dated 23 March 2020. This confirmed that there had been contact from the Ombudsman regarding a complaint made by the resident relating to pest infestation. The letter did not though cover the issue of flies. The response identified that the LA’s Environmental Health department had been to the residents’ property and a number of other properties in the block in relation to mice. The landlord identified:

Pest control visits confirmed a tiny amount of mouse droppings in the resident’s property but also that if a mouse was present, then they would expect to see a significantly larger number of droppings. That it was suggested that these were not new droppings. That to monitor the situation bait was laid in the property, but a return visit showed that this had not been taken.
In order to check surrounding areas, bait had also been put in all the meter cupboards and in the roof spaces but upon rechecking these areas, no bait had been taken indicating that there was not a problem.
Pest control had carried out checks at the scheme, though were not finding any evidence, and with the current changes to working practices due to Covid, there was no plan in place for a return to the property.
That actions taken, and the findings, show the matter had been investigated. That if the residents do not feel the matter is resolved they can request a review of the decision.

On 2 April 2020 the residents sent a letter to the landlord stating that they felt the complaint was unresolved. They identified that their discussions with pest control gave them different information about extent of problem and the action required. They pointed out that the issue of flies was not covered in the landlord response and mentioned that they were told by pest control that they were sewer flies. The letter confirmed that both residents have serious health issues.
On 15 April 2020 the landlord sent a stage two complaint response to the residents. The response included details that:

Repeated information in the stage one letter regarding pest control visits to deal with rodents, though added that kickboards were removed to look for possible entry points and bait laid, but there was only one small take. Confirmed that pest control would recommence their visits once Covid restrictions had been lifted.
Referred to a recent visit by landlord staff [1] and confirmed the issue of flies was raised. That the resident’s were informed that this was not something that the landlord could be held responsible for and if the residents believed there was an infestation they would need to contact the Contact Team or Environmental Health though there may be charge for this service. It also noted that pest control found no infestation when they visited in July 2019 and that the resident had not contacted the department recently.
Identified that flies were not observed by a staff member who visited. Stated that once Covid restrictions were lifted the issue of flies would also be looked into.
Identified that the issues had not been raised with another member of staff who visits regularly.
A fact sheet was enclosed providing guidance for the residents if they believed their complaint had not been resolved.

A letter from the residents was received by the Ombudsman on 24 April 2020. This confirmed the details of the stage two response from the landlord and made comments including:

That the staff who visited recently were in a rush and didn’t look at the fly papers.
That the issue of flies had been raised with another member of staff who visits regularly.
That pest control were incorrect in saying there was no infestation found when they visited in 2019 as they saw the flies and said there would be a charge to treat them.
That they had contacted pest control recently regarding the flies though were told they did not deal with flying insects.

An undated landlord record identifies that ‘Post lockdown’ pest control went back out and laid more bait at the property and around the site, and that there was no activity towards it.
The residents wrote to the Ombudsman on 2 August 2020 and 10 August 2020. In these letters the residents raised a range of issues relating to their reports of rodents and flies, although it was not made clear when these issues had occurred. The residents’ comments included:

That pest control were aware of the flies issue, had seen them on drain grates and had reported back to the landlord though nothing had been done. That pest control took some flies to test and identified they have drain flies, phorid flies, scuttle flies and fruit flies. That they have had a fly problem for three to four years and that landlord staff were aware of this though didn’t report it.
That pest control put bait in their back garden and confirmed it had been eaten. That the residents had found a dead rodent in the garden and showed this to pest control. That bait bags in the property had been ripped open and that there were rat droppings in the area. That foam from their hot water tank had been chewed by rodents and bait had been taken in the kitchen. That a neighbour had killed three mice and a rat, and the landlord was aware of this. That pest control had confirmed they had treated lots of flats at the scheme. That the resident wanted a manhole in his garden inspected as rodents and flies may be coming from this.
That they believed the matters raised were a health hazard. That they have a number of health conditions and due to the issues they could not eat or sleep and that it was making them ill. They stated they may have to move as they need to look after their health.

The landlord records identify that on 12 August 2020 there was a visit to the scheme by pest control and three service managers from the landlord. An internal landlord note confirms that pest control advised the landlord that the residents had problems with their plumbing and drains for a number of years which had resulted in a prominence of flies in the property, and what the residents perceived to be rodent droppings was actually caused by the drain flies [2]. The pest control reports around this time showed no rodent activity in the residents’ flat though some activity during July 2020 in another flat in the scheme. Pest control provided a number of rodent proofing recommendations to the landlords.
The records identify that following the visit a range of works were proposed including proofing measures to the site to prevent rodents, a survey of the drains in the block and specifically a check of all the pipework in residents’ property. There is also a landlord note commenting that due to the design and location of the scheme (in the middle of a busy area for eating and drinking establishments, plus student accommodation) that ‘the general feeling is we will never 100% resolve the rat/mice problem but as a result of the proofing works it should go some way to eradicating as many of the problems as we can’.
The resident wrote to the Ombudsman on 4 September 2020. This letter repeated some of the issues mentioned in the letters sent in August 2020. It added that the landlord’s ‘bosses’ recently came to the scheme though did not go into the residents’ flat. It mentioned that works were needed to flooring which was sinking and that the wall needed to be looked at. It stated that pest control had taken the bait away even though they had seen the eaten foam from the tank and that pest control said they did not know where the rodents were coming from. The letter also identifies that another flat had an infestation of flies. It was not clear from the letter when a number of these events had occurred.
On 17 September 2020 the landlord wrote to the resident confirming that a further visit was carried out by a landlord representative on 16 September 2020 where ongoing issues regarding mice and flies were discussed directly with the resident. It identified that further works had been requested including a CCTV survey of the drainage and an inspection to determine if there was any standing water under the kitchen flooring which may have contributed to the problems with mice and flies. The letter also confirmed that another pest control provider would be asked to attend to look at the problems with the mice to provide a second opinion. The Ombudsman does not have information on how these matters were progressed.
The residents wrote to the Ombudsman on 8 February 2021. They stated:

That they could still have rodents in the flat as pest control had stopped checking their property as pest control had seen nothing.
That bait that was previously left in the garden was being eaten though this had now been removed.
That a neighbouring flat was still having problems with rodents.
That pest control had seen the sewer flies and made a report to the landlord, and that flies were coming through their windows and doors. The landlord had done nothing in response to the report even though landlord staff had also seen the flies.
That it is a health problem and that they have life threatening health issues.

Assessment and findings

The landlord sent its final response to the resident’s complaint on 15 April 2020. The resident’s continued to raise concerns about the landlord’s response to reports of rodents and flies after the internal complaint process was completed. In accordance with paragraph 39a of the Housing Ombudsman Scheme the Ombudsman cannot make an adjudication on the new matters arising following the complaint as these would first need to addressed through the landlord’s complaint procedure. This assessment therefore focuses on events up to and including the landlord final complaint response.
It is not clear from the evidence when the issues with rodents and flies were first reported. It is clear that the rodent issue was reported by January 2020 as that is when pest control first attended. The resident informed the Ombudsman that they had issues with flies for three to four years and that landlord staff were aware of this though did not report the matter internally for action to be taken. The landlord records show the first report of issues of flies (raised as a separate issue from a previous complaint relating to gardening) was 11 March 2020.
The landlord took appropriate action in engaging pest control to investigate and treat the rodent issues. Regular visits were undertaken from January 2020 to March 2020. In this respect they acted in line with their website commitments on dealing with pest problems. These visits would help them to establish if there was an issue with the building that was causing or contributing to the issue. Pest control confirmed to the landlord that there was a small take on the bait in February 2020 and no take on baits during March 2020. This would have indicated to the landlord that the problem was being addressed. It is reasonable that these visits stopped during Covid restrictions due to health and safety considerations.
It is unclear how the landlord responded to the pest control report from the visit on 11 February 2020 that ‘Entering points at bottom of pipe boxing kitchen needs attention’. This report suggests there may have been an issue with the property that could allow rodent entry. It does not though confirm that this was a cause of the problem or if it was a repair issue. There is no indication in the records as to what happened with this report at the time it was made. It is also unhelpful that the landlord’s information on its website on responsibilities for repairing the boxwork to piping in unclear. It is listed as both landlord and tenant responsibility which could cause confusion for residents and staff.
The landlord’s website information on pest problems does not make a commitment to deal with fly infestations. However, if the problem was caused by a repair issue that was the landlord’s responsibility they would be required to resolve this. Therefore, it is reasonable to expect that where a persistent problem of this nature is reported that the landlord would check to see if there is an underlying cause relating to the property. The initial identification from the residents was that they were fruit flies from the garden though in the residents’ response to the landlord’s stage one letter they were suggested to be sewer flies. The landlord did make a commitment to investigate this issue further in their stage two response which was just over a month after the visit on 11 March 2020 when the issue was raised.
There are differences between information provided by the residents regarding their conversations with pest control and internal landlord records on the information from pest control. This includes the resident’s identifying communications with pest control that indicated the extent of the issues was greater than was identified in the landlord’s records. The Ombudsman does not have evidence to be able make an adjudication on these differences.
Following the Ombudsman’s communication about the complaint relating to ‘pest infestation’ the landlord should have clarified the issues with the resident rather than assuming it only related to the issue of rodents. This meant the stage one response did not cover the issue of fly infestation. The stage two response, which was sent less than four weeks later, did cover the issue. However, this did not present the issue clearly. It referenced advice given to the resident that the issue with flies was not something that the landlord could be held responsible for, though then went onto to state that once Covid restrictions were lifted they would look into the issue further. It also did not make clear the actions that would be taken to look into the issue further. This is potentially confusing and the landlord should have made its repair responsibilities clearer.
The landlord’s complaints procedure states that on receipt of the complaint the customer will be advised either verbally or by letter of the timescale of the complaints procedure and who the complaint has been referred to for investigation. It identifies that the landlord should provide a response to the residents within five working days or let the residents know of any delays. The residents’ complaint was logged on 7 March 2020 and responded to on 23 March 2020 which is outside the target time. There is no evidence that the resident received any communications about the formal complaint until the stage one response. The Ombudsman’s referral of the complaint requested a response to the resident by 27 March 2020 though where the landlord’s procedure demands a quicker response it is expected that the landlord should comply with its own procedure. The delay that occurred was not excessive and therefore the Ombudsman does not view this as maladministration.
While there were some deficiencies in the landlord’s handling of the complaint these did not significantly impact on the timescales for the response or the final outcome.
The landlord’s final response letter made a commitment to continue to address the issues after the Covid lockdown. There is evidence it did do this in that pest control visits did recommence and in August/September 2020 the landlord did identify a range of proposed actions for proofing the scheme in relation to rodents and for investigating drains, pipework and flooring.
The Ombudsman’s investigation cannot cover events which took place after the landlord’s complaint procedure was completed. The residents’ responses indicate that they had ongoing concerns about the landlord’s response after that date. If the residents’ remain dissatisfied with the landlord’s response after the landlord’s complaint process was completed, then the Ombudsman would advise that the residents consider making a further complaint to the landlord about those issues.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme there was no maladministration in how the landlord handled reports of pest infestation.

Reasons

In response to reports of rodents the landlord engaged the local authority pest control team to investigate. The LA team carried out a number of visits, during which baits were laid and before the internal complaints process was concluded pest control had identified that baits were not being taken at the property. In the final response to the complaint the landlord made a commitment for further visits by pest control when the Covid lockdown was ended, which were subsequently carried out. Regarding the resident’s reports about rodents, the Ombudsman considers that the landlord’s overall response was reasonable and appropriate.
The landlord would only have responsibility for addressing the issue of flies if the problem related to landlord responsibility for repairs. If a persistent problem of flies is identified, it is reasonable to expect that the landlord should investigate to see if this relates to an issue with the property. With respect to the complaint under investigation, the resident’s reported about flies during the March 2020 visit, during which no significant issues were identified by the landlord. In the final complaint response in April 2020 the landlord made a commitment to look into the matter further when the Covid lockdown ended. On the basis of this information, and that it does not confirm any significant delay in responding to the residents’ concerns, the Ombudsman concludes that the landlord has responded appropriately.

Recommendations

The landlord to write to the residents confirming all investigations and actions relating to rodent and fly infestation since the end of the landlord’s internal complaint process.
That the landlord to review the information contained on its website with a view to clarifying responsibility for repairs to boxing of pipework.

[1] This appears to be the visit of the 11 March 2020 mentioned in the residents’ letter to the Ombudsman dated 15 March 2020

[2] This presumably refers to droppings around this time as pest control had previously confirmed some rodent droppings were present.