The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council ignoring her complaints about her privately rented property being unsuitable and in a state of disrepair. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Miss X complains the Council has ignored her complaints about her privately rented property being unsuitable. She says she cannot use the stairs and the lifts break down all the time. She also says her property is in a state of disrepair.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X lives in privately rented accommodation. Miss X received a section 21 notice from her landlord in April 2022. Miss X approached the Council for help after receiving the notice.
The Council appropriately accepted a homelessness prevention duty in May 2022 as Miss X was threatened with homelessness. The prevention duty means the Council must help and support Miss X to find new accommodation; it does not mean the Council has to offer her a property. The Council also has no duty to consider the suitability of Miss X’s current property as it is privately rented accommodation.
Therefore, an investigation is not justified as we are unlikely to find fault with the Council’s actions.
In October 2022, the Council inspected Miss X’s property under the Housing Health and Safety Rating System (HHSRS). Following the inspection, the Council identified several hazards at the property.
The Council sent Miss X’s landlord an improvement notice in November 2022, with a schedule of required works. The notice gave Miss X’s landlord two months to complete the required works.
An investigation is not justified as the evidence shows the Council has taken appropriate action to get Miss X’s landlord to complete the repairs. As the property is privately rented, the responsibility for completing the repairs lies with Miss X’s landlord, not the Council.
The timeframe for Miss X’s landlord to complete the repairs has not yet lapsed. If Miss X is unhappy with the Council’s actions in following up the improvement notice once the timeframe has lapsed, it is open to her to make a new complaint.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman