Plus Dane Housing Limited (202346784)

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REPORT

COMPLAINT 202346784

Plus Dane Housing Limited

26 June 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 reports of smell in the property.

Background

  1. The resident is an assured tenant of the landlord. The property is a 3-bedroom house.
  2. The resident reported sewage smell on several occasions since October 2022. The landlord inspected the property after each report and on 25 August 2023 conducted a CCTV inspection. The inspections did not identify the source of the smell. However, the CCTV surveyor recommended replacing the internal drainage pipework as a possible solution.
  3. On 5 September 2024, the resident followed up with the landlord about the drains and raised concerns regarding the landlord’s racial bias and stereotyping of its tenants. The landlord scheduled a repair appointment for 7 November 2023 and then rescheduled this to 21 November 2023.
  4. On 10 November 2023, the resident made a formal complaint to the landlord about the ongoing smell and the missed appointment on 7 November 2023. The resident requested that the repair was completed without any further delay and asked for compensation.
  5. The landlord issued its stage 1 complaint response on 8 December 2023. It acknowledged that the contractor had missed an appointment and confirmed it had informed the resident of this on the same day. The landlord noted that the inspections had not identified the source of the smell, however, it agreed to replace the pipework to help resolve the issue. It apologised for the delay and offered a £25 goodwill gesture for the inconvenience.
  6. On 12 December 2023, the resident reported that the smell remained. On 14 December 2023, another contractor carried out a second CCTV inspection. Although the survey did not identify the source, the contractor agreed the internal pipework may be causing the smell. On 9 January 2024, the internal pipework was re-routed but due to insufficient time, a further appointment was needed to remove the redundant pipework.
  7. On 29 January 2024, the resident escalated her complaint as the smell continued despite the pipework undertaken and reported the smell was unbearable. She explained that the manhole cover had excrement coming out. The resident was also unhappy with the time taken for the follow-up works to the bathroom to be completed, the smell was unresolved and with the level of compensation. The resident requested 2 months’ rent refund as compensation for the time taken to resolve the issue, for the considerable expense incurred in purchasing cleaning products to remove the smell from the home as well as the emotional strain and disruption experienced by the resident and family.
  8. On 27 February 2024, the landlord removed the redundant pipework and the contractor noticed that the flooring in the bathroom was saturated with urine, which was causing the significant smell.
  9. On 28 February 2024, the landlord issued its stage 2 response. It agreed with the stage 1 findings and explained that it had been responsive, had engaged 2 specialist contractors to investigate the smell and carried out the recommended remedial works. It acknowledged that this had taken longer than its 28-day target and apologised for the impact on the resident. The landlord increased the goodwill gesture from £25 to £50 for delay between the appointment on 9 January and 27 February 2024.
  10. The resident was not satisfied with the landlord’s response. She referred the complaint to the Ombudsman on 18 March 2024. She explained that there were ongoing health and safety issues and outstanding work.
  11. The landlord replaced the flooring on 22 March 2024. On 10 January 2025, the landlord met with the resident to discuss her complaint and ongoing concerns. It offered additional £150 compensation for failing to acknowledge the original report of smell in November 2022 in its complaint responses. It also agreed to continue working with the resident to further explore the drainage and identify the source of smell due to her concerns that the smell could be caused by rat infestation.

Assessment and findings

Scope of investigation

  1. We have seen evidence that the resident reported an unpleasant smell in 2017. While this historical report provided contextual background to the current complaint, this investigation has focused on the landlord’s handling of the resident’s recent report leading to her formal complaint of 10 November 2023, which were considered in the landlord’s final response. This is because residents are expected to raise complaints with their landlord’s normally within 12 months of the matters arising. This is so that the landlord has a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.
  2. Furthermore, the resident reported recently there was a rat infestation within the drainage runs and this could be a potential cause of the smell. The landlord’s response to the pest infestation reports was not part of the original complaint. The scope of this investigation is limited to the issues raised during the resident’s formal complaint. Any new issues or repairs raised following the end of the landlord’s complaint process and repair work will not be considered as part of this investigation. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to our involvement. If the resident is dissatisfied with the landlord’s handling of the subsequent issues, she can address this directly with the landlord and progress as a new formal complaint if required.
  3. In her complaint correspondence to the landlord, the resident made comments regarding the landlord being racially biased and stereotyping of its tenants. The Service is unable to reach legal findings on this matter of discrimination and the resident may wish to seek legal advice if she wants to pursue her concerns using equalities legislation. This Service can consider whether the landlord appropriately addressed the resident’s concerns and acted in line with its policy and legal obligations. However, we cannot make findings of any breach of the equality legislation.

Landlord’s handling of reports of smell in the property

  1. Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 states that landlord’s must ensure that its properties are fit for human habitation, including by avoiding defects from repairs, damp, and mould or any hazards.
  2. The tenancy agreement states that the landlord is responsible for the repairs to the property and it must keep in good repair and proper working order drains, gutters and external pipes.
  3. The landlord’s repairs policy stated that if a repair does not pose an immediate danger or caused limited inconvenience, it should be completed within 28 days.
  4. The resident reported on 6 occasions (on 21 October 2022, 30 April 2023, 23 May 2023, 17 August 2023, 12 October 2023, and 12 December 2023) that the property had a persistent foul smell. We have seen evidence that the landlord responded to each report within 7-8 days and carried out inspections and some remedial works to the drains (on 8 November 2022, 9 May 2023, 30 May 2023, 25 August 2023, 20 October 2023 and 21 November 2023). The landlord as such responded to the repair reports within 28 days, in accordance with its repairs policy. This was appropriate as the issue of smell was reasonable to be raised as a routine repair. The landlord also demonstrated that it was responsive to the resident’s reports and was actively seeking resolution.
  5. Its is acknowledged that the smell concerns involved a complex and thorough investigation. As such, it was reasonable for the landlord to arrange a specialist survey after its initial 2 inspections were unable to recommend any resolution or identify the source of the smell. On 25 August 2023, a specialist drainage contractor undertook this specialist CCTV inspection of the drains. This inspection did not find any issues with the drains and was unable to confirm any smells at the property. The contractor recommended removing the internal drainage and installing new external pipework as a possible solution. However, the resident reported that the smell remained and a second CCTV inspection was carried out on 20 October 2023 and some works arranged for October and November 2023. The landlord took considerable steps to investigate the issue. It was appropriate for landlords to consider diagnostic surveys for complex issues and it is reassuring that the landlord instructed 2 different specialist contractors to identify the source of the smell and followed their recommendations.
  6. The landlord completed the recommended pipework replacement on 27 February 2024. While it had taken several appropriate steps to investigate the smell and had followed up on the inspections, the works were delayed. They were not completed until February 2024, 6 months from the August survey and 4 months from the October specialist survey (or 16 months from the initial report in October 2022). The resident and her family lived with the continued smell during this period and this reportedly impacted their enjoyment of the property. Furthermore, the resident was inconvenienced by regularly following up with the landlord, multiple reports of the smell and accommodating several inspections and repair appointments.
  7. The resident was particularly concerned in her complaint about a missed appointment on 7 November 2023. The landlord’s file shows that this appointment did not go ahead because the contractor was called to another emergency. While this was not ideal and caused inconvenience to the resident as she made arrangements to be available for the appointment, this cancellation was outside the landlord’s control. It was reasonable for the landlord to prioritise the other repair assessed as emergency.
  8. The resident disputed whether the landlord informed her of the missed appointment. However, evidence (the contractor’s feedback in the repairs logs) shows that the contactor contacted the resident on the same day and on the second attempt, informed her of the cancellation. The appointment noted on file as rearranged for 21 November 2023. While the situation was inconvenient, the landlord acted appropriately and communicated with the resident. The landlord acknowledged in its stage 1 response that the missed appointment caused the resident inconvenience, and offered an apology and £25 compensation.
  9. Between 9 January 2024 and 27 February 2024, there was further delay in removing the redundant pipework, exceeding the landlord’s 28-day target. In its stage 2 response, the landlord acknowledged this and offered additional £25 compensation.
  10. In its complaint responses, the landlord explained its continued commitment to resolving the issue and apologised for the negative impact on the resident from living in the smell. After the complaints process was exhausted, the smell persisted and the landlord continued to work with the resident to resolve it. This is evident by the landlord’s assessment of the flooring in February 2024 and replacing it in March 2024.
  11. The smell was a complex problem and it required further inspection to identify the source of the smell. The landlord met with the resident on 10 January 2025 and agreed further actions. This demonstrated the landlord’s commitment to a resolution orientated approach and appropriately responding to the concerns reported. However, any new reports as stated above and the landlord’s response did not form part of this investigation. If the resident is dissatisfied with any follow up action, she may wish to raise another complaint with the landlord.
  12. During January 2025 visit, the landlord offered additional £150 compensation for failing to acknowledge the inconvenience caused during the period of time between the resident’s original report of smell in October 2022 and her follow up reports in April 2023. While this was a further step to acknowledge the resident’s inconvenience, this was done outside of the landlord’s complaints process. As such, this was a missed opportunity to provide a timely resolution. The timeline demonstrates this was done after this Service’s involvement.
  13.  While it was appropriate that the landlord offered compensation, the total of £200 was not proportionate to the prolonged distress and inconvenience caused to the resident and her family, the extent of which could have been avoided. Additionally, the landlord did not offer this full amount during its complaint process. We have made an order for additional £200 to fully reflect the inconvenience caused by the landlord’s failures identified in this report. This is in addition to the landlord’s previous offer of £200.

Determination

  1. In accordance with paragraph 52. of the Scheme, there was maladministration in the landlord’s handling of reports of smell in the property.

Orders and recommendations

Orders

  1. Within 4 weeks from the date of this report, the Ombudsman orders the landlord to:
    1. Provide a written apology to the resident for the failures identified in this report.
    2. Pay a total compensation of £400 to the resident. This amount is comprised of:
      1. £50 compensation (if not paid already) to the resident offered during its complaints process for the delays in repairs for smell in the property.
      2. £150 compensation (if not paid already) to the resident offered following the stage 2 response and prior to this investigation for an extended period of inconvenience caused by the landlord’s handling of the resident’s reports of smell.
      3. £200 additional compensation in recognition of the distress and inconvenience caused by the landlord’s handling of reports of smell in the property.
    3. Contact the Service and provide evidence of compliance with the above orders.

Recommendations

  1. The Ombudsman recommends that the landlord contacts the resident and discuss whether a new complaint for subsequent concerns need to be raised regarding rat infestation, discrimination and any outstanding repairs.