Colchester City Council (202508040)

Background

1. The resident lives in a flat and complained about a pigeon infestation under the blocks solar panels.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. Reports of a pigeon infestation.
   2. The complaint.

Our decision (determination)

3. We have found no maladministration in the landlord’s handling of reports of a pigeon infestation.
4. We have found no maladministration in the landlord’s handling of the complaint.

We have not made orders for the landlord to put things right.

Summary of reasons

5. The landlord has attempted to resolve the pigeon infestation within the constraints of the law. It continues to monitor the situation and has committed to resolving it as soon as it is able to.
6. The landlord responded to the complaint in line with the Code and its internal complaints procedure.

Our investigation

The complaint procedure

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.

What we did not investigate

7. The resident told us that she sustained an injury resulting in loss of earnings, due to the mess left by the pigeons. It would be more reasonable and effective for her to make a personal injury claim or to pursue this through the courts. The court are best placed to deal with this type of dispute as they will have the benefit of independent medical advice. We have not investigated this further. We can however decide if a landlord should pay compensation for distress and inconvenience.  
8. The resident initially reported pigeons nesting under the blocks solar panels in January 2023. We encourage residents to raise complaints with their landlord when problems happen or within a reasonable time, usually within 12 months. Based on this and the evidence available, we have focused our investigation on the period leading up to the formal complaint in February 2025 and the related responses. Any reference to previous events is for context only.

What we did investigate

9. The resident complained to the landlord on 12 February 2025, she said that she could not use her garden and raised physical and mental health concerns. She said the mess was ruining her garden and belongings. The next day, she reported slipping on the mess and injuring her arm and knee. It asked for more details and alerted its insurance team, but there was no evidence it provided her details of its insurance provider or how to submit a claim during the complaints process.
10. The landlord said it sent a letter to the resident in December 2024, explaining that it planned to start addressing bird issues across its stock from February 2025. This advised its process to secure a contractor and complete the works. The works were due to start on 19 August 2025. It brought forward the work to 11 March 2025 after the complaint was escalated which was a positive step.
11. The landlord told the resident that it was unable to cover the costs of damage to her patio and decking. It directed to her own contents insurance and advised her to sign up for its insurance scheme to cover future damage.
12. In its stage 2 response, the landlord said it would not remove the panels explaining they reduce the energy costs of the residents in the block.  On 8 July 2025, it added that the panels were installed under a 25-year airspace lease in 2015 and it could not remove them under the terms of the lease.
13. After the landlord’s final response, the resident remained unhappy. She said it promised her netting in October and December 2024. We have seen no evidence of this. The landlord said it had sent her earlier letters about procurement which may have caused confusion, it acknowledged its communication was unclear and promised clearer messaging in the future.
14. There was a 1-day delay erecting scaffolding, but netting was installed 26 days after the resident made her complaint. The landlord left a gap because birds were still nesting. It explained its legal duty to protect nesting birds and promised to seal the gap once they left. It evidenced continued monitoring following the complaint and 2 specialist surveys confirmed birds remained, though numbers had reduced. It plans to complete another survey during November 2025 and is working with specialists on alternative measures. It also cleared gutters twice to help manage the problem. This demonstrates its commitment to resolving the matter.
15. On 11 March 2025, the landlord gave the resident insurance details to make a personal injury claim, and she began the process. While it could have provided this sooner, the delay caused no detriment, and she was able to submit a claim.
16. In summary, the landlord acted within its capabilities and legal limits. It has evidenced its commitment to resolving the issue and continues to monitor bird activity. Overall, its approach was reasonable, and we found no failings in its handling of the matter.

17. Under the Complaint Handling Code (the Code), landlords must issue stage 1 responses within 10 working days of acknowledging a complaint and stage 2 responses are due within 20 working days. The timescales within the landlord’s complaint policy are in line with the Code. 
18. The landlord acknowledged the complaint at both stages and responded within its policy timescales.

Learning

19. It is positive that the landlord made a long-term commitment to resolving similar issues with birds across its stock.
20. Landlords should ensure insurance details are provided to residents on reports of personal injury to avoid delays with claims.

Knowledge information management (record keeping)

21. The landlord’s overall record keeping was evidenced to be satisfactory in this case.

Communication

22. It is positive that the landlord noted a letter may have caused some confusion, but it accepted this and promised to ensure future communications are easier to follow.