Summary: Mrs X complains the Council failed to give correct advice to her tenant when she served a Section 21 Notice. We do not find fault on the substantive parts of the complaint. However, there was a delay in communication which the Council apologised for and the offer of £50 is enough to acknowledge the injustice caused to Mrs X.

The complaint

1. Mrs X complains the Council failed to give advice to her tenant in line with guidance when she served a Section 21 Notice.
2. She says the Council also failed to consult with her and negotiate between her and the tenant. This caused Mrs X financial hardship.
3. Mrs X would like the Council to refund her for her costs incurred, including loss of rental income and cleaning the flat after her tenant left.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. I spoke with Mrs X and considered the information she provided.
7. I made enquiries with the Council and considered the information it provided.
8. I considered relevant law and guidance, as set out below and our guidance on remedies, published on our website.
9. Mrs 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

Legislation and statutory guidance

Homelessness

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.

Section 21 Notice

11. Section 21 of the Housing Act 1988 gives a landlord an automatic right of possession without having to give any reasons once the fixed term has expired.
12. A tenant must have at least two months notice to leave, and copies of the properties energy performance certificate, “How to Rent” guide and gas safety certificate must have also been supplied to the tenant.
13. If the tenant does not leave on the specified date the landlord must apply to the court for a “possession order”.

Interim accommodation and domestic abuse

14. If a council has “reason to believe” a person may be homeless, eligible and in priority need, then it must provide interim accommodation for them. (Housing Act 1996, section 188).
15. The Domestic Abuse Act 2021 changed the definition of “priority need” to include those seeking assistance with homelessness after fleeing domestic abuse. This part of the Act became law on 5 July 2021 and means in most cases, people who are fleeing domestic abuse will be provided with interim accommodation.

Fault

16. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether anyone disagrees with the decision the organisation made.

What happened

17. Mrs X is a landlady with a baby who became homeless due to domestic abuse.
18. Mrs X asked her tenant Ms Y, to leave, giving her two months’ notice. Ms Y did not leave so Mrs X served a Section 21 Notice on 7 October 2023.
19. The Council reviewed the Section 21 Notice and on 25 October told Ms Y it was not valid as she had not been provided with the “How to Rent” guide.
20. Ms Y made a homeless application to the Council in November, and the Council carried out an assessment in December.
21. On 9 January 2024 Mrs X made a complaint to the Council saying it had not followed the relevant guidance in giving advice to Ms Y. The Council response said it had followed the correct advice and guidance in accordance with the Homeless Code of Guidance and did not uphold this part of the complaint.
22. She also said the Council failed to contact her which the Council upheld, apologised and offered £50 goodwill payment.
23. The Council said it was aware the Section 21 Notice expired on 11 December 2023 however Ms Y said she would not vacate the property and intended to wait for court possession. It was not until Mrs X went to the Council in January 2024 that it became aware of the situation. It accepted Ms Y as homeless and accepted the Relief Duty for Ms Y at the end of January.
24. There are lots of telephone conversations in February between the Council, Ms Y and Mrs X. The Council put a plan in place with Ms Y to get her belongings ready for storage and once storage had been secured the Council said it would book Ms Y into temporary accommodation. The Council also told Mrs X it could arrange emergency accommodation for her while she was waiting for Ms Y to vacate her property.
25. The Council said it understood Mrs X’s circumstances but could only provide Ms Y with advice and discuss her options, as only the court has the authority to make her leave the property.
26. Mrs X made a stage two complaint in March saying Ms Y had moved out leaving her property a mess. She said Ms Y did not pay rent for three months. She complained the Council should have assessed Ms Y as soon as the Section 21 Notice had been given, and offered Ms Y an alternative property rather than a hotel. Mrs X said she would like the Council to remove all the rubbish left by the tenant, and reimburse her for the costs she has incurred and the rent owed.
27. The Council’s stage two response in April said it was not the responsibility of the Council to remedy removal and clearance of Ms Y’s items. It provided relevant advice to Ms Y and any rent arrears are the responsibility of the landlord. Mrs X said she felt discussion should have taken place to make a smooth transition for everyone. The Council said relevant and appropriate advice was provided to Ms Y.
28. Mrs X was unhappy with the Council’s response so she brought her complaint to the Ombudsman.
29. In response to our enquiries the Council said it considered Mrs X’s homelessness application when she approached the Council in January 2024. She was allocated a case worker and offered temporary accommodation which she declined.
30. Mrs X said she was offered a hotel by the Council but would not have been able to work there (she works from home) and had to balance work with child care.

Analysis

31. The Council offered Mrs X temporary accommodation in line with its duties (see paragraph 15). I find no fault with the Council in the way it dealt with Mrs X’s homelessness.
32. Mrs X followed the correct procedure of serving a Section 21 Notice on Ms Y, and then apply to the court for a possession order. I can see the Council facilitated Mrs X as best it could, but, as the Council said, it did not have the power to make Ms Y leave the property or pay her rent arrears. I do not find fault with the Council in the way it dealt with Ms Y and Mrs X.
33. The Council acknowledge in its complaint response that it could have communicated better with Mrs X. She got cut off and called twice more leaving message for a call back but her calls were not returned. The Council apologised and offered £50 goodwill payment which is enough to acknowledge the injustice caused to Mrs X.

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Agreed action

34. Within one month of the final decision the Council should pay Mrs X the £50 already offered in its complaint response for the delay in communication.
35. The Council should provide us with evidence it has complied with the above actions.

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Final decision

36. I do not find fault with the Council on the substantive parts of the complaint. The Council’s apology and offer of £50 was enough to acknowledge the limited injustice the delay in communication caused Mrs X.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman