Summary: We will not investigate this complaint about an alleged failure by the Council to resolve disrepair issues in private housing. This is because evidence shows consistent and frequent engagement by the Council to ensure landlord compliance with the legal standards for housing conditions. We did find fault due to a delay by the Council in carrying out an initial inspection, but there is insufficient evidence this caused the complainant to suffer a significant enough injustice to warrant our involvement.

The complaint

1. The complainant (Mr K) complains about hazards and the overall living conditions of his privately rented home, including mould and general disrepair. He says that despite complaining to the Council, issues including mould and a lack of filtration were not resolved until five months later. He feels action by the Council could have been taken more quickly.
2. In summary, Mr K says the alleged fault has meant him having to live in a property which was in an unsafe and indecent condition for an extended period of time. He also says the mould caused harm to his health. As a desired outcome, Mr K wants the Council compensate him £19,500 which is the full rent since he moved into the property in August 2022. He also wants £6,000 in compensation for the harm caused to his health by mould.

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The Ombudsman’s role and powers

3. We investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating; or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Councils have powers under the Housing Health and Safety Rating System (introduced by the Housing Act 2004, Part 1) to take enforcement action against private landlords where it has identified a hazard which puts the health and safety of the tenant at risk. If a council considers a Category 1 hazard exists in residential premises they must take appropriate enforcement action. Councils have discretion to take enforcement action if a Category 2 hazard is identified.
6. In early January 2023, Mr K complained to the Council about unsatisfactory disrepair issues and a failure by his landlord to meet the required legal standards. The Council inspected Mr K’s home two weeks later and identified two low scoring Category 2 hazards, one relating to damp and mould and the other relating to a lack of a fire door. The Council acknowledge a delay to carry out the initial inspection and have apologised to Mr K for this. I do therefore find fault. However, a week following the inspection, the Council raised the issues requiring remedial works with the landlord’s agents which approved these on the same day. As the hazards identified were considered low and posed a minimal risk, I do not consider Mr K suffered serious loss, harm or distress by reason on the brief delay for which the Council has apologised for. There is insufficient evidence of him suffering a significant enough injustice therefore to warrant our involvement.
7. The Council is not responsible to Mr K for the inadequate housing issues it identified. Instead, it has a discretionary power to take action against his landlord requiring it remedy the problems. I have reviewed the available evidence and this shows consistent and frequent engagement by the Council with Mr K’s landlord to resolve the hazards it identified. I recognise some problems went unresolved longer than expected, but the Council communicated these problems to Mr K’s landlord, conducted further inspections and took an active role to facilitate legal compliance until the hazards had been removed. This is what the law requires of councils where it decides to take action on a discretionary basis. We are therefore unlikely to find fault by the Council.

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Final decision

8. We will not investigate this complaint. The Council acted in accordance with its responsibilities under the Housing Act 2004. Though we identified one area of fault, there is insufficient evidence of Mr K suffering a significant enough injustice to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman