Brighton and Hove City Council (202419412)
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Decision |
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Case ID |
202419412 |
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Decision type |
Investigation |
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Landlord |
Brighton and Hove City Council |
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Landlord type |
Local Authority / ALMO or TMO |
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Occupancy |
Secure Tenancy |
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Date |
8 January 2026 |
Background
- The resident lives in a 2-bedroom flat in a purpose-built block. The resident began reporting issues with bed bugs infesting the property on 2 April 2024. She said that her and her household were being constantly bitten. The resident said that despite the landlord’s pest control contractor treating the property, that the bedbugs kept coming back. She said that this meant she was unable to sleep, and it was making her depressed.
What the complaint is about
- The landlord’s response to:
- The resident’s reports of an infestation of bedbugs in the property.
- The associated complaint.
Our decision (determination)
- There was maladministration in the landlord’s response to the resident’s report of an infestation of bedbugs in the property.
- There was no maladministration in the landlord’s response to the associated complaint.
We have made orders for the landlord to put things right.
Summary of reasons
- The landlord instructed its pest control contractor to attend on each of the resident’s reports of bedbugs within a reasonable timeframe. However, it failed to appropriately manage the infestation to provide a lasting solution. Its response was reactive rather than proactive in identifying the cause of the bedbug infestation.
- The landlord’s lack of proactive communication and inaccurate and incomplete record keeping meant that its reported previous actions were not evidenced. This included any previous block inspections it said it had undertaken and its communication with other residents. It failed to regularly update and follow up with the resident to check whether its actions had been successful.
- The landlord’s complaints handling was reasonable as it responded within its complaints policy and the Ombudsman’s Complaint Handling Code (the Code) timescale. However, it could have considered any learning from the complaint in its handling of pest control issues involving bedbugs.
Putting things right
Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.
Orders
Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 05 February 2026 |
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2 |
Compensation order The landlord must pay the resident £250 for the landlord’s response to the resident’s reports of an infestation of bedbugs in the property. This is to recognise the distress, inconvenience, time and trouble caused to the resident by the landlord’s failings including its lack of appropriate communication and record keeping. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. |
No later than 05 February 2026 |
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3 |
Inspection order The landlord must contact the resident to arrange an inspection of the property and the block. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by a suitably qualified person. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that the surveyor:
The survey report must set out:
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No later than 19 February 2026 |
Our investigation
The complaint procedure
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Date |
What happened |
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2 April 2024 – 21 June 2024 |
The resident reported infestations of bedbugs in the property on 6 occasions. The landlord’s pest control contractor attended on each occasion to apply treatment. |
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21 June 2024 |
The resident raised a stage 1 complaint to the landlord. She said that the landlord’s contractor had attended several times, but the bedbugs kept coming back. She had contacted the landlord again and its contractor was due to reattend. As a remedy she asked the landlord to communicate with the whole block so that the bedbugs could be eradicated from the building. |
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5 July 2024 |
The landlord issued its stage 1 complaint response. It confirmed that its pest control contractor had attended several times to complete treatments. It said that treatments could take up to 3 weeks to start to take effect. It attached an information sheet to advise the resident of appropriate actions she could take in conjunction with its contractor’s treatment to eradicate the bedbug infestation. It said it had put a notice on the noticeboard in the building. It hoped that if all residents followed this, that it would resolve the issue. |
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10 July 2024 |
The resident was dissatisfied with the landlord’s complaint response and requested that it be escalated. She said that her and her family were getting bitten day and night. She said that on checking the communal area that there was no notice up. She asked the landlord to put up the notice urgently. |
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26 July 2024 |
The landlord issued its final complaint response. It said it had hand delivered letters to the block week commencing 1 July 2024. It said it had put up new notices in the block as previous ones had been removed. It advised that bedbugs are difficult to eradicate as they can build up immunity to the chemicals used in treatments. It was unable to guarantee when the treatments would be effective. It said its contractor were specialists and believed the treatments were the best way forward. |
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Referral to the Ombudsman |
The resident was dissatisfied with the landlord’s final complaint response. She referred her complaint to us on 16 August 2024. As a remedy the resident wished the landlord to do better and for it to improve its communication. |
What we found and why
The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.
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Complaint |
The landlord’s response to the resident’s reports of an infestation of bedbugs in the property |
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Finding |
Maladministration |
- The resident made 8 reports of bedbugs between her initial report of 2 April 2024 to 22 July 2024. The landlord instructed its specialist pest control contractor to attend to treat the bedbug infestation on each occasion. Its contractor attended within a 14-day timescale which was reasonable.
- The landlord does not have a specific pest control policy. However, information on its website says that its pest control contractor will contact a resident within 3 working days and arrange a visit as soon as possible. It will arrange further visits if treatment is not successful. It states that pest control within individual properties is the responsibility of the tenant. However, the landlord does take responsibility for treating bedbug infestations to prevent spread.
- The landlord’s internal emails of 27 June 2024 evidenced that the landlord knew that several properties were impacted by bedbugs within the block. It said it had previously contracted its pest control contractor to attend fortnightly but changed this to a reactive service as and when a resident reported an issue. It said in its internal email of 24 July 2024 that it would require management of the bedbugs as opposed to complete eradication and that the issue had been going on for years. The landlord told us in its response to our request for information that it had previously completed block wide inspections which would be reasonable in the circumstances. However, we have not seen evidence of these inspections or the outcome which was inappropriate. It is also not clear whether any more recent inspection was undertaken.
- The landlord explained to the resident in its stage 1 complaint response of 5 July 2024, that treatments can take 3 weeks to take effect which is understandable. It also provided an information sheet to provide advice to the resident so she could act alongside its contractor’s treatments to help to eradicate the bedbugs. This was reasonable action, though it is not clear whether the resident was provided with this information sooner when she initially reported the bedbug infestation.
- The landlord also told the resident in its stage 1 complaint response that it had sent information to all residents in the block and had placed a notice on the communal noticeboard. This recognised that the issue was a wider block wide issue which was appropriate. However, the resident disputed this in her email to the landlord of 8 July 2024.
- She also told the landlord in her further email of 23 July 2024 that some of the other residents had not received the letter. The landlord said in its internal email of 24 July 2024 and in its final complaint response that it had hand delivered the letters. It also said it found that the notice had been taken down so it had put up another notice. It is not possible to verify whether it had delivered the letters as we have not seen evidence of this. However, the landlord sent us photos showing a notice on the noticeboard, but this was not dated so it is not clear when it was put up.
- The landlord appropriately apologised to the resident for the discomfort that the resident was experiencing in its stage 1 complaint response of 5 July 2024. It said that it had booked treatments which it hoped would resolve the issue. However, the resident continued to report bedbugs. The resident told the landlord on 8 July 2024 that she had followed the landlord’s guidance but there was no respite from being bitten. She described the impact that the bedbugs were having and told the landlord on 22 July 2024 that she had been bitten over 100 times in one night. She provided photos showing numerous bite marks that we have also seen. She said that this was impacting on her sleep causing tiredness as a result which was understandable.
- The landlord advised the resident on 10 July 2024 that its pest control contractor rotated the treatment used in the property as bedbugs could gain resistance to the chemicals. It said it would need the entire block to be proactive in eradicating the bedbugs and it would work with other residents. We have seen no evidence of what work the landlord was doing with other residents which was inappropriate other than the photos of the notice on the noticeboard.
- The landlord said in its final complaint response of 24 July 2024 that it would not be possible to identify when treatment would be successful. It gave no assurance that it could resolve the issue and said that the treatment its pest control contractor was undertaking was the best course of action. This would not have given the resident any reassurance that there would be a lasting resolution to the issue. It also offered no apology that it had not managed to resolve the issue. This was inappropriate given that the issue had been ongoing for over 3 months at this point impacting the resident and her household.
- Following the end of the landlord’s internal complaints process, the resident advised us on 22 January 2025 that the landlord’s contractor was still coming every 3 weeks to respray the property. She said she was getting bitten less. However, she advised that the landlord had not resolved the issue. She said she was happy with the pest control contractors who she found to be very helpful. However, she was dissatisfied with the landlord’s handling of the issue and its poor communication.
- The landlord told us in its response to our request for information on 13 March 2025, that the resident only allowed the pest control contractor to treat either the bedrooms or the lounge and not the whole property. This could mean that it would be more likely for the property to be reinfested. The resident advised us that she has cats and was concerned that the chemicals could harm the cats. She said this would mean if the landlord was to treat the whole property that she would need to temporarily move out. She told us that the landlord had previously offered the use of an Airbnb to treat the whole property but later reneged on this. We have seen no records evidencing this. We consider the landlord’s records management below.
- The resident told us during this investigation that she felt that the bedbugs were coming in through theair ducts within the building. As we have seen no inspection that outlines the cause of the infestation or any structural or repair issues it is not possible for us to confirm whether this is the case. The landlord told us that 5 properties had reported infestations since 1 January 2025 in the same block. This again evidenced a block wide issue requiring further investigation. The resident advised us that the landlord had informed residents in the block that it was planning to demolish the building due to structural issues. She would be required to move out but felt it could take time for alternative accommodation to be found.
- Whilst the landlord organised treatment on each of the resident’s reports and said it had contacted other residents, given it was a block wide issue, it failed to resolve the issue or give any assurance that it could resolve the issue or any plan to do so. It is not clear whether it inspected the building and the resident’s property for any possible repair issues that could also be contributing to the bedbug infestation.
- The Ombudsman considers that there was maladministration for the landlord’s response to the resident’s reports of an infestation of bedbugs in the property. We have ordered the landlord to pay the resident £250 in compensation for the distress, inconvenience, time and trouble caused to the resident by the landlord’s failings. We have also ordered the landlord to arrange an inspection of the block and the property. This is to check for any structural or repair issues that could be allowing the bedbugs to enter the property and to identify any works required.
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Complaint |
The landlord’s response to the associated complaint |
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Finding |
No maladministration |
- The resident raised a stage 1 complaint on 21 June 2024. The landlord acknowledged the resident’s complaint on 24 June 2024. It responded at stage 1 on 5 July 2024. This was within 9 working days of its acknowledgement. This was in line with the landlord’s complaints policy and the Ombudsman’s Complaint Handling Code (the Code) which was appropriate.
- The landlord’s complaints policy and the Code require a stage 1 complaint response to be issued within 10 working days of its acknowledgement. It requires a response to be issued at stage 2 within 20 working days from its acknowledgement.
- The resident requested the landlord to escalate her complaint to stage 2 on 10 July 2024. The landlord issued its final complaint response on 26 July 2024. This was 12 working days after the resident’s escalation request which was reasonable and in line with the landlord’s complaints policy and the Code.
- The Ombudsman has found no maladministration for the landlord’s response to the associated complaint.
Learning
- The landlord’s complaint responses did not identify whether it had considered any learning from the resident’s complaint. Complaints provide an opportunity for a landlord to review its response to the substantive issue, its record keeping and communication. The landlord could consider this in future complaint responses where appropriate.
- We recommend that the landlord reviews its approach to resident pest control issues, taking our guidance into account (available on our website). It should use this in the development of its pest control policy.
Knowledge information management (record keeping)
- There was evidence in this case of poor records management. The landlord’s records did not provide sufficient evidence of what it said it had done to tackle the issue of bedbugs in the resident’s property and in the block. We have not seen the records of the letters that it said it delivered to all residents, nor the previous inspection of the block. We have not seen any records that it advised the resident to allow its contractor to treat the whole property and not just specific rooms.
- The landlord should review its self-assessment of its knowledge and information management using our Spotlight report on knowledge and information management (May 2023) and follow up report (January 2025) to improve its record keeping practices.
Communication
- The landlord’s communication was generally reactive to the resident’s reports and her complaint. Our guidance for landlords regarding pests, available on our website, sets out our expectations for landlords to keep residents updated and be clear with communication and timescales. We have recommended that the landlord should review our guidance to ensure its communication and handling of pest control reports is managed appropriately.
- We have not seen evidence of the landlord’s communication with other residents. The landlord could have considered other ways of communicating with residents such as holding a resident meeting to discuss options to eradicate the bedbugs and to ensure buy in from other residents. This was a missed opportunity.