Summary: Mr X complained the Council failed to take action when his landlord tried to illegally evict him. We found the Council followed the correct enforcement procedures and was not at fault in the support it offered Mr X. However, we found the Council was responsible for delays when it did not progress the enforcement case. This caused avoidable frustration and distress which the Council agreed to remedy.

The complaint

1. Mr X complained the Council failed to take action when his landlord tried to illegally evict him.
2. He said the Council failed to follow its enforcement policy and procedure and treated him unfairly. He also complained about delays and poor communication.
3. Mr X said events have impacted his family’s health and livelihood. They have suffered anxiety and stress for many months.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. As part of the investigation, I considered the complaint and the information Mr X provided.
7. I made written enquiries of the Council and considered its response along with relevant law and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Illegal eviction

9. The law says it is harassment if a landlord or his agent does anything to interfere with the peace or comfort of a tenant, or acts with the intention of making them leave. Harassment can come in many forms, for example:
• Threatening to evict someone without going through the correct legal procedure.
• Threatening violence.
• Disconnecting the electricity, gas or water supply.
• Entering the home without permission.
10. If a tenant is being harassed and believe their landlord may want to evict them illegally, they can ask the council for help. The council should advise them about their housing rights and options. Some councils also have tenancy relations officers who deal specifically with harassment and illegal eviction cases.
11. The council has powers under the Protection from Eviction Act 1977 to investigate complaints of harassment and illegal eviction, and to prosecute a landlord where he or she commits an offence.

The Council’s tenancy relations service

12. The Council’s tenancy relations service assists both landlords and tenants in the private rented sector. It aims to promote good relations and encourage good practice.
13. Its role is to try to resolve disputes, intervene when there are allegations of illegal eviction and harassment, and to prevent homelessness.

The Council’s enforcement policy

14. The Council’s enforcement policy confirms it will take a risk-based approach to enforcement, targeting resources where most needed.
15. The Council seeks to carry out enforcement in a fair and consistent manner. Officers are expected to exercise judgement in individual cases and treat each case on its merits. However, the Council still aims for a consistent approach.
16. Officers will try to find solutions by agreement and cooperation unless immediate action is needed.
17. When officers deal with potential criminal offences, involving legal proceedings, the Council will look to properly investigate.
18. When officers conclude their enquiries, and establish an offence has been committed, they will decide whether to pursue formal action.
19. The Council will give suspected offenders the chance to explain their actions or put forward any relevant statutory defence. Officers may invite suspects to attend a formal interview.

What happened

20. I have summarised below some key events leading to Mr X’s complaint. This is not intended to be a detailed account of what took place.
21. Mr X contacted the Council on 6 June 2022 about illegal eviction. He said his landlord asked to increase the rent by 40% in May 2022. Mr X’s solicitor told the landlord this was unlawful. The landlord then arrived at the house trying to evict Mr X, so he called the police. Since then, the landlord has been responsible for harassment, threats, and criminal damage. Mr X requested an appointment with the Council.
22. The Council wrote to Mr X’s landlord on 9 June 2022 about an alleged attempt at unlawful eviction and criminal damage.
23. A Council officer inspected the house where Mr X was living. They found a window broken, as well as a window of Mr X’s car. The house had no smoke alarm in the kitchen or upstairs, and there were issues with an electrical switch in the kitchen.
24. The Council took details from Mr X about the incident, damage, and disrepair. It also spoke with neighbours to get witness statements.
25. The Council then contacted Mr X’s landlord for their version of events.
26. The Council followed up with Mr X on 15 June 2022. He told the Council about multiple incidents over the previous weekend, all reported to the police.
27. The Council spoke to Mr X’s landlord, who denied any involvement.
28. The case officer attended the police station with Mr X on 23 June 2022 to discuss the incidents. The Council offered Mr X temporary accommodation (TA), but he declined. He said he installed a security camera at home and would prefer to stay.
29. The Council contacted Mr X’s landlord on 24 June 2022. It highlighted the issues with the property, including the lack of correct certificates and licences, and gave details about the harassment and criminal damage Mr X suffered.
30. In July 2022, Mr X told the Council his landlord refused to fix damp and kept the household utilities in his own name, asking Mr X to pay in cash without showing him bills. Mr X said the landlord tried to forcefully and illegally evict him on 1 June 2022. Since then, he said the landlord broke his property, harassed him and his partner, smashed windows, made threats, made harassing phone calls, and damaged his work vehicle. Mr X said the landlord also got friends and family members to harass him. He confirmed he reported these incidents to the police.
31. Mr X gave the Council more details of harassment in August 2022, including the house being attacked with bricks while a gas engineer visited.
32. The Council wrote to Mr X’s landlord on 9 August 2022, inviting them to an interview.
33. The Council accepted it owed Mr X the homelessness duty on 10 August 2022, as it decided it was not reasonable for Mr X to occupy his home. It also visited Mr X to gather more evidence and discuss TA. This time Mr X agreed to go into TA.
34. The Council interviewed Mr X’s landlord on 18 August 2022. The landlord made counter allegations about Mr X, but the Council found there was no proof of this.
35. The case officer met with the police on 26 August 2022. The police were struggling to pursue charges as the defendants wore dark clothes and covered their faces.
36. The Council liaised with the police in October 2022 to take witness statements from the attending officers.
37. Mr X agreed to allow access to his home for repair works in early November 2022.
38. The Council met Mr X to discuss moving on from TA. Mr X did not want to end his tenancy and decided to return to his home on 4 November. The Council agreed officers would work with his landlord to facilitate repairs.
39. The Council instructed an electrical safety check on 10 November 2022. Mr X’s landlord then arranged for electricians to re-wire the property.
40. Mr X called the police as the electricians allegedly refused to leave. He said he had video evidence of the landlord’s contractors saying he needed to move out.
41. The Council discussed the case with Mr X’s landlord and then visited Mr X to take a witness statement on 11 November 2022.
42. The Council liaised with the police again in November 2022. A police officer told the Council they could not take any further action over the most recent events Mr X reported, because the perpetrators wore face coverings, and the police could not identify them.
43. The Council received Mr X and his partner’s signed witness statements on 19 December 2022.
44. An electrician attended to complete re-wiring work on 25 January 2023. Mr X was not satisfied the electrical safety certificate was valid, because the electrician’s members with a professional body had expired. The Council checked this with the professional body and found that, while the electrician’s membership with that body had expired, this was not a legal requirement, and the electrician was suitably qualified. The Council confirmed this to Mr X.
45. In February 2023, Mr X’s landlord started re-possession proceedings in court over tenancy arrears dating back to June 2022.
46. Mr X asked the Council for an update on 20 March 2023. The Council said it was still preparing a case to send to its legal services.
47. In April, Mr X raised concerns about a lack of progress with his case, which the Council had not yet passed to its legal services.
48. Mr X made a complaint about the Council’s tenancy relations services on 19 May 2023. He said:
• The original case officer listened to his concerns and worked properly, but nothing happened on his case since the Council allocated a new case officer.
• He reported the incidents a year ago and the Council had still not passed the case to its legal services.
• He had been unable to get answers for months about why his case is on hold.
• The Council treated him unfairly and let him down.
• The Council failed to follow its enforcement policy.
49. An officer spoke to Mr X and then emailed him to acknowledge his concerns. They confirmed they were reviewing the case and hoped to send a file to legal services shortly.
50. The landlord’s solicitor sent Mr X a possession order on 24 June 2023, giving him until 24 August to vacate the property.
51. Mr X’s car was vandalised again in July 2023. The police felt it was not safe for Mr X to remain in the house.
52. Following contact from the police, the Council offered Mr X TA again, which he declined.
53. The Council confirmed to the police that it discussed alternative accommodation in its area with Mr X, but he declined. It said it was currently investigating Mr X’s complaint about his landlord and assisting him to move to a neighbouring council area.
54. The Council referred Mr X’s housing application to a neighbouring council on 11 July 2023. It sent a case file for prosecution of Mr X’s landlord to its legal services on the same date.
55. The Council also responded to Mr X’s complaint on 11 July 2023. It said:
• The original case officer changed role at the end of August 2022. Work on the case continued, but at a slower pace than it would expect. It said the case is complex, but agreed it could have progressed to legal services at an earlier date. It apologised for this. It said staffing issues contributed to some of the delays over the past twelve months.
• It had a range of contact with Mr X about his case, such as home visits, meetings at council offices, telephone calls, and emails.
• Several officers contacted him since he approached the Council, and it agreed it would have been better to have a single point of contact. However, it said various departments were involved.
• It acknowledged it did not tell Mr X when the case officer changed. It said this was poor practice and apologised.
• It gathered robust evidence with over 60 pieces of evidence in its prosecution case file, including gas safety records.
• It already explained to Mr X that his landlord did not act unlawfully by ending his liability for utilities at the property. It then became Mr X’s responsibility to set up utility accounts in his own name with suppliers of his choice.
• It treated Mr X’s case with the same respect and care it does with all cases. It said demand for its services is high and this, along with staffing levels, impacted the level of service. It said it was carrying out a review of its services to address this and identify areas for improvement.
56. The original case officer updated Mr X in August 2023. They said they spoke with the Council’s legal services, and they are examining the evidence. They requested evidence of the further incident Mr X reported in September 2022. Mr X also confirmed the harassment and threats had continued.
57. The Council chased the neighbouring council about Mr X’s housing application referral twice in September 2023.
58. The Council finalised further witness statements from Mr X and his partner in October 2023.
59. The neighbouring council confirmed Mr X’s housing application was live on 16 October 2023. The Council told Mr X. It also sent him housing information, including for private properties. It said his housing allowance is £524.99 per month, but if he found a private rental property, the Council will pay the difference for six months, to give him time to get back into work.
60. On 13 November 2023, the neighbouring council told the Council it offered Mr X a house, which he viewed the previous week. However, Mr X refused to sign the paperwork due to his ongoing repossession court case with his landlord. The neighbouring council confirmed it wrote to Mr X telling him the homelessness relief duty ended as he refused a suitable offer. The Council asked the neighbouring council to hold the property while it spoke to Mr X.
61. The Council spoke to Mr X to explain the situation and implications. It also spoke to Mr X’s solicitor. Mr X wanted clarification from his solicitor about whether the court was likely to grant re-possession of the property to his landlord.
62. The neighbouring council needed Mr X to agree to the property before the end of the day on 14 November. Unfortunately, this did not happen because Mr X could not get the assurances he wanted from his solicitor.
63. The Council spoke to Mr X on 17 November 2023. He said he tried to accept the property the neighbouring council offered, but it was no longer available. However, the neighbouring council said it would keep his application open.

My investigation

64. The Council told me it appreciates the impact Mr X’s landlord’s actions had on him and his partner. It said it investigated, followed policy on enforcement on protection from eviction, and sent a file to its legal services.
65. The Council said prosecution cases take time. The case is complex, and harassment has been carried out by people wearing masks so they cannot be linked to the landlord.
66. The Council said it tried to support Mr X by accepting a homelessness duty and by offering TA four times. It tried to support Mr X find private accommodation, offering to help with rental payments for six months. It also worked with a neighbouring council to help secure long-term accommodation.
67. The Council said its legal services are reviewing statements and evidence before making a decision on possible criminal proceedings.
68. The Council told me it has recognised the complexity associated with building case files for matters like this. In future, its tenancy relations service will seek guidance from legal services at an earlier stage, ensuring officers gather enough information as part of enquiries. The Council hopes this will bring more clarity and a more streamlined approach. It also said its tenancy relations service is now fully staffed.

Analysis

69. When Mr X and his home were targeted with harassment and criminal damage, the police conducted a criminal investigation. Unfortunately, it appears there was not enough evidence to identify those responsible.
70. The Council’s role is separate. It is investigating Mr X’s landlord over possible attempts at unlawful eviction. I am satisfied the Council acted correctly by interviewing the landlord, taking witness statements, and liaising with the police. That is not a quick or straight forward process. The Council needs to gather enough evidence to secure a successful prosecution.
71. In the meantime, Mr X and his home continued to be a target for harassment and criminal damage. This was understandably very distressing for Mr X, but it was not the fault of the Council.
72. I found the Council did what it could to support Mr X by accepting the homelessness duty and providing him with TA. Mr X decided he did not wish to stay in TA, and moved back to the rental property. That was his choice. I appreciate he wanted the Council to provide alternative long-term accommodation, but again this was not a quick or straightforward process. The Council also tried to support Mr X by offering to help him pay rent on a private rented property for six months while he searched for work.
73. The Council transferred Mr X’s housing application to a neighbouring council, at Mr X’s request, because he wanted to move to another area. From then on, Mr X’s housing application was out of the Council’s hands. However, I found the Council did still offer advice and help when the neighbouring council offered Mr X long term housing, which he declined.
74. The Council was also involved over defects within the rental property. Again, I am satisfied it properly oversaw this. It tried to ensure the landlord carried out improvements works. However, Mr X was very reluctant to allow the landlord or contractors to enter the property. This meant any works took several months to arrange and complete. While Mr X was not satisfied with safety certificates for the work, the Council checked the electrician was suitably qualified.
75. I found there was a period of inactivity between the time Mr X returned his signed witness statement in late December 2022 and a new case officer reviewing the case in late May 2023. The Council then sent the case to its legal services in July 2023. The delay looks to be about five months. The records I saw suggest nothing happened during this period. The Council said it was building a case, but I have not seen evidence of any positive action or evidence gathering during that period. That was fault.
76. I also found that once the case file reached the Council’s legal services, it still needed to gather more evidence and obtain updated witness statements. This unfortunately meant the Council’s legal services was not in a position to make a decision on whether to prosecute Mr X’s landlord.
77. In light of Mr X’s complaint, the Council is putting new procedures in place which will involve input from its legal services earlier on in the process. This is a welcome step. It is hoped this will lead to more targeted and effective evidence gathering, and an earlier idea of the prospects of a prosecution.
78. In summary, I did not see evidence the Council treated Mr X unfairly or failed to follow correct procedures. I also did not find there was a lack of contact or unwillingness by the Council to provide updates. I saw evidence the Council offered Mr X plenty of support.
79. The process for a prosecution often takes time. However, I found there was a period where the case was not progressed as it should have been. This caused Mr X frustration and distress. This is his injustice.
80. The situation was inevitably very distressing for Mr X. But I found most of the distress is the fault of his landlord and those harassing him, not the Council. However, the Council did cause some additional avoidable frustration and distress at a time when Mr X was vulnerable. It agreed to offer a remedy for this.

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Agreed action

81. Within four weeks of my final decision the Council will:
• Apologise to Mr X and pay him £100 to recognise the additional avoidable frustration and distress caused by its delays progressing the enforcement case.
• Ensure its legal services conclude their review of the evidence so the Council can confirm to Mr X whether it can prosecute his landlord and how it intends to proceed with the case.
82. The Council should provide us with evidence it has complied with the above actions.

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Final decision

83. I completed my investigation. I found the Council followed the correct enforcement procedures and was not at fault in the support it offered Mr X. However, I found the Council was responsible for delays when it did not progress the enforcement case. This caused avoidable frustration and distress which the Council agreed to remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman