Summary: We will not investigate Mr X’s complaint about the way the Council handled his application to renew a licence. This is because it was reasonable to expect him to use his right to appeal to the Residential Property Tribunal.

The complaint

1. Mr X complains about the Council’s failure to renew his licence for a HMO (House in Multiple Occupation). He says he sent in his application a week late only when his office was allowed to open after lockdown ended.
2. He complains the Council took over eight months to ask him to send in a full application and pay fees of £335.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X could have applied to the First-Tier Tribunal (Property Chamber - Residential Property) to resolve his HMO licence dispute. I have seen no information to indicate it would not have been reasonable for Mr X to do this.

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Final decision

7. I will not exercise discretion to investigate Mr X’s complaint as it was reasonable to expect him to appeal to the First tier Tribunal.

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Investigator's decision on behalf of the Ombudsman