Richmond Housing Partnership Limited (202346218)

REPORT

COMPLAINT 202346218

Richmond Housing Partnership Limited

30 January 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 leaseholder 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 leaseholder’s complaint is about the landlord’s handling of reports of a rodent infestation and associated reports of repairs.

Background

2. The complainant is a leaseholder of the landlord. The property is a second floor flat. The lease agreement commenced on 24 September 2007. At the time of the complaint, the leaseholder was not residing at the property, which he had let out to a tenant.
3. On 28 February 2023 the leaseholder raised a report about a hole in the wall of the property which had allowed pests to enter.
4. On 15 March 2023 the leaseholder made a report to the landlord about a large hole underneath the window which was letting parakeets in. A repair request was sent to contractors that day.
5. The leaseholder chased on 26 April 2023 for an update to the repair. He Informed the landlord that rats and birds had accessed the hole and offered to provide video evidence. He further stated he was ‘shocked and disappointed’ to see that a repair had still not been completed.
6. On 26 May 2023 the leaseholder further chased the landlord, informing it that nothing had been done. The landlord checked its contractor’s notes and found that the repair was being passed to a sub-contractor. A new repair request was raised with a different contractor.
7. During June 2023 the leaseholder requested a call back from the landlord to discuss the delays. The landlord proceeded to inform the leaseholder that the delays were due to a changeover in its contractors and it was unable to allocate a designated tradesperson for the works. Subsequently the landlord was able to schedule an appointment for 28 June 2023.
8. An operative attended on 28 June 2023. The operative was unable to see a clear point of entry, however they confirmed daylight was coming in from the loft. Scaffolding would be required for works to be undertaken. Two traps were put in place to monitor for the week. It was also noted that the white plastic cladding on the wall where the hole was and the edges would have to be renewed.
9. On 4 July 2023 the operative attended, confirming that a squirrel had been caught in the trap. He further stated that roofers would need to attend to survey the roof and proof the hole.
10. On 25 July 2023 the leaseholder contacted the landlord to chase a repair and informed it that squirrels had returned.
11. On 6 September 2023 the leaseholder contacted the landlord to express upset over the length of time it had taken to resolve the issues, stating it had been over a year since he first reported them. A formal complaint was raised.
12. The landlord acknowledged the leaseholder’s complaint on 18 September 2023 and issued its stage one response on 2 October 2023. In its response the landlord explained the work order for repairs was initially sent to its contractors. However it had ceased working with its contractors in June and it was not informed about the outstanding works. The landlord acknowledged that after it inspected the work required in June 2023, it failed to action the works required right away and apologised for this. The landlord said works had been scheduled with its new contractors and it aimed to complete these within 28 working days. In recognition of its service failure, it offered the leaseholder £130 compensation.
13. On 15 October 2023, the leaseholder informed the landlord he was seeking the following:
    1. The hole to be properly fixed – the slats replaced in the same colour.
    2. The electrics in the loft to be checked and a report sent to him to clarify the findings.
    3. A pest control specialist to investigate inside the loft and wall cavities, as his tenant and other neighbours reported scurrying inside the loft and walls.
    4. The landlord to contact his neighbour who had reported problems with damp on his ceiling as the rain had come through the hole and was making his ceiling damp. He asked for all problems to be rectified for the neighbour.
    5. He further requested the landlord update him weekly in writing regarding the repairs needed.
14. The leaseholder chased the landlord about repairs a further two times. Subsequently, on 21 November 2023, the landlord apologised for the outstanding repairs and escalated the complaint to stage 2.
15. On 6 December 2023 an operative looked around the building, and saw no potential holes in the soffits, but noted there was possibly a hole on the roof. He stated that a roof company was required to check the roof. The operative gained access into the property on 13 December 2023 and was able to assess the loft, he noted that daylight was coming through. The set traps were rearranged to check the following week.
16. A stage two complaint response was issued on 22 December 2023. The landlord apologised for the ongoing pest issues. It explained the repairs work order was currently with its contractors. In recognition of delays it offered a further £100 compensation.
17. The leaseholder chased the landlord for repairs on 3 January 2024. The landlord stated that contractors attended on 10 January 2024, however the tenant was not home. It had attempted to contact the tenant but received no reply.
18. On 7 February 2024 the leaseholder informed the landlord that squirrels had returned. The landlord proceeded to ask its operatives to attend to remove the squirrels so a repair could be completed on the roof.
19. The operative visited on 23 February 2024 and left traps in the loft, it was noted that roofer had still not been able to repair the hole. A subsequent visit was made on 1 March 2023 and contractors confirmed two squirrels had been removed from the traps.
20. On 19 March 2024 the leaseholder chased for an update. The landlord contacted its operatives and they stated works could not be completed without scaffolding.
21. During April 2024 the leaseholder contacted our service to make a complaint. He explained the landlord had completed a temporary patch job by covering up the hole with a plastic sticker. He expressed dissatisfaction with this and requested this be properly repaired. The leaseholder also expressed concern that the landlord had not contacted his neighbour about the damp and had not updated him about the state of the electrics in his loft.
22. On 8 September 2024 an operative attended to access the property but had no access. The following day the property was inspected. The operative found a slipped tile on the roof which was where the pests were accessing into the building. The slipped tile was put back in the correct position on 11 September 2024.

Assessment and findings

23. In accordance with the Landlord and Tenant Act 1985 and the leaseholder’s lease agreement, the landlord is responsible for the exterior of the home and ensuring it is secure. This includes roofs and cladding. Therefore, when the leaseholder informed the landlord of the issues concerning the hole it was obliged to assess and to make repair if necessary.
24. The landlord’s timescale for repairs states the following:
    1. Emergency repairs, it aims to attend within 3 hours with an objective of completing the job within 24 hours.
    2. Emergency out of hours repairs, it aims to attend within 3 hours with an objective to repair within the next working day.
    3. General repairs it aims to complete within 10 working days.
    4. Repair exclusions are completed within 20 working days.
    5. Larger jobs which are not part of its repairs and maintenance service may require a survey and sourcing of materials.
25. This service has not seen the landlord’s pest control policy, however the landlord has provided a document to show which pests it is responsible for. Squirrels are included within this list, regardless of whether rodents are found in a communal area or within the property.
26. The leaseholder expressed upset over the delay in the landlord’s handling of his reports concerning pests.  We note he has reported ongoing pest issues since 2023 and states he has had to continuously chase for repairs.
27. The landlord stated that resolving the leaseholder’s issues entailed two steps. The first was ensuring pest control remove any pests from the loft space and this was completed on 1 March 2024. The second was to carry out repairs to the roof to prevent pests from entering. This was completed on 11 September 2024.
28. The evidence shows that when the leaseholder first made a report to the landlord on 28 February 2023, a repair request was not raised. The leaseholder had to further chase this in March 2023. The landlord then appropriately raised a repair request. It is unclear when the operative attended as this is not stated in the landlord’s records, however this service notes that in April 2023 the leaseholder confirmed operatives had previously attended to patch the hole.
29. We understand that during April 2023 the issue had not been fully resolved and the leaseholder continued to chase the landlord for a resolution. The evidence shows an operative attended 2 months later on 27 June 2023 to assess the situation. The operative attended on two occasions to lay traps and monitor the pest infestation, on 27 June 2023 and 4 July 2023. It was noted by the operatives that roofers were required to survey the building and proof the hole, however this was not actioned.
30. Throughout July until December 2023 the leaseholder chased for a repair on multiple occasions, however no further visits took place. Whilst we understand the landlord states the delay was due to a changeover in contractors, the length of time to resolve the matter has been protracted. The evidence shows that when an operative attended in December 2023, they recommended setting further traps to catch the rodents within the property. This was not completed until 23 February 2024. Whilst we acknowledge an operative attended in January 2024 to lay traps but was unable to gain access, it is not clear why it took a further six weeks for the operative to reattend. During this time we can see the leaseholder had chased works and requested timescales.
31. The evidence shows during February 2024, after rodents had been caught, the operatives stated the roofer could now attend. Despite this, the leaseholder continued to chase the landlord for a repair throughout 2024. This service has not seen any evidence to show that an operative attended to the leaseholder’s reports until September 2024. We have also not seen an explanation as to why it took this length of time.
32. The landlord has stated the repair was completed on 11 September 2024. The evidence shows that roofers attended and placed the slipped tile back into position. However there is no mention of permanent repairs being done to the cladding on the wall where the hole was.
33. We understand one of the leaseholder’s concerns was regarding the tape which had been placed over the hole on the wall to seal the point of entry. We have reviewed the image of this and understand why the leaseholder was concerned that this was not a permanent solution to fixing the hole on the wall.  During an inspection on 12 June 2023 it was stated the plastic cladding on the wall where the hole is would need replacing. We have not seen written evidence to show that this has been attended to, however this service has reviewed the images provided by the operative who attended on 11 September 2024 and it appears this had been repaired.
34. In the Ombudsman’s view, considering the leaseholder had been chasing resolution throughout 2023 and 2024, the length of time to attend to repair the hole was lengthy. Whilst we recognise the landlord states there was a change in contractors and this would have caused a delay in services, the landlord could have better communicated with the leaseholder about timescales to ensure he was fully knowledgeable about how long it could take to attend to the matter. We have not seen evidence to suggest this was done. It is important that the landlord responds to reports within a timely manner to ensure the well-being of its residents and prevent any potential escalation of issues that may lead to distress or inconvenience. It is clear in this case this was not achieved, which caused distress to the leaseholder.
35. We understand the leaseholder is an electrician and has stated he is seeking for the electrics to be checked in the loft of the property as he is concerned rodents may have caused damage. In accordance with the lease agreement the landlord would be responsible for the electrics within the property. The evidence shows the leaseholder requested the electrics be checked by the landlord several times in 2023, however we have not seen that the landlord responded to these concerns. This service has not seen evidence to suggest there is an issue with the electrics, however we believe this is a reasonable request given the length of time rodents had access to the area. In the Ombudsman’s view there was service failure as the landlord did not respond to the leaseholder’s concerns. Whilst it would not be appropriate for the leaseholder to conduct this work himself, we are making an orderfor the landlord to arrangeto inspect the electrics in the loft to ensure no damage has been caused.
36. Overall with respect to the landlord’s handling of the leaseholder’s reports of a pest infestation, it apologised and acknowledged service failure with delays in carrying out pest control works and proofing alongside communication issues. On 2 October 2023 the landlord offered the leaseholder a total of £130 compensation. Subsequently on 22 December 2023 it offered the leaseholder a further £100 compensation.
37. The landlord’s compensation policy states that in instances where its service failures create distress to residents it may offer compensation from £50 to £100. In this instance, at the time of offer we consider the level of compensation was proportionate. Whilst the leaseholder did not reside in the property it is clear he was repeatedly having to chase the landlord and this caused him distress.
38. In the Ombudsman’s view the landlord’s offer of compensation at the end of its internal complaints procedure was reasonable. However it then failed to ensure that matters were put right following its final response. This service has not seen that it has reviewed its compensation offer when the work was finally done. Therefore, in recognition of the ongoing issue remaining for a considerable extended period following the landlord’s final response, and its failure to address the resident’s request to check the electrics in the loft, this service has made a finding of service failure. We have made an  order for further compensation to reflect the impact caused on the leaseholder.
39. The leaseholder has informed this service that his elderly neighbour below was impacted as a result of the delayed repairs and that the hole in the wall resulted in rain entering into his ceiling causing damp. Whilst we are unable to consider this matter within this report, the landlord should check its records and contact the neighbour if appropriate.

Determination

40. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s handling of the leaseholder’s reports of a rodent infestation and associated reports of repairs.

Orders and recommendations

Orders.

41. The landlord to pay the leaseholder a further £100 compensation to reflect the delay, distress and inconvenience caused to the leaseholder. This should be paid within four weeks of the date of this determination. The landlord should then provide evidence to this service to show it has complied with our order.
42. The landlord to arranged for an inspection of the electrics in the loft within four weeks of the date of this determination. Should the operative find the electrics have been damaged by rodents, the landlord should make a repair within four weeks of the date of the operative’s findings. In the event any works take longer the landlord should provide the leaseholder with a reasonable timescale on when it will make a repair. The landlord should then provide evidence to this service to show it has complied with our order.

Recommendations.

43. The landlord should review the outcome of this investigation and consider any improvements it can make to its repairs process where pest infestations are reported.