Summary: Ms B complained that the Council had failed to take action to deal with serious hazards in her privately rented property. We cannot identify any fault in the way the Council dealt with the issues.

The complaint

1. Ms B complains Westminster City Council (the Council) did not take appropriate or swift action against her landlord, to deal with serious hazards in her privately rented property. Ms B says assessments have found several issues including life-threatening category 1 hazards, a risk of electric shock, asbestos, and serious flooding when it rains. She also says the Council harassed her by continuously demanding access to her flat without any action resulting. Ms B says this has caused her distress, with a significant impact on her health and wellbeing

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The Ombudsman’s role and powers

2. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’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

4. We have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Ms B 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

5. Local authorities have powers under the Housing Health and Safety Rating System (introduced by the Housing Act 2004) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk. Enforcement action includes issuing an Improvement Notice (requiring repairs to be done within a specified time scale, with criminal penalties for non-compliance) or a Hazard Awareness Notice (specifying work that needs to be done but the landlord does not have to comply).

What happened

First complaint – January 2019

6. Ms B lives in a privately rented flat in a house converted into a number of flats. In November 2018 Ms B complained to the Council that her landlord had not completed repairs in her flat, specifically: damp and mould, a cold bathroom and fire and electrical safety issues. In January 2019 the Council contacted Ms B’s landlord who said that they had written to Ms B to see if she still needed repairs doing and to investigate a possible leak into the flat below, but Ms B had not allowed them access. The landlord was happy to visit the flat with the Council and a visit was arranged for 23 January 2019.
7. Ms B refused entry to the landlord and the managing agent. Two Council officers inspected the flat. They did not identify any category 1 or 2 hazards but identified a number of issues for the landlord to rectify, including a possible leak from the balcony above into the living room and a second possible leak on the staircase. The Council advised Ms B that the outcome of the inspection would be sent to her and the landlord and she was advised to allow her landlord access to carry out the repairs.
8. On the 4 February 2019 the officers consulted a senior officer about the case and they all agreed that the issues were for the landlord to resolve. They advised the landlord to obtain a warrant to gain access to the flat to carry out the repairs.
9. On 8 March 2019 the Council wrote to Ms B advising her to allow access to her landlord to investigate and resolve the repair issues and it would be closing the case. The letter was a little unclear as it did not refer to Ms B’s landlord and Ms B thought the Council was alleging she had not allowed access to its officers. Ms B sent a reply criticising the officers and saying they had been in the flat for an hour to inspect the repairs but had done nothing.
10. Ms B lodged a formal complaint in April 2019 saying the officers had been rude and aggressive. The Council responded in May 2019 giving an account of the action taken by the officers. It did not uphold her complaint saying there was no evidence the officers had acted inappropriately or rudely.

Second complaint – July 2019

11. In July 2019 the Council arranged a follow-up visit regarding the leak. Ms B advised the officer that her landlord was planning to visit on 15 July 2019. So the officer arranged to visit at the same time. The officer said he found evidence of penetrating damp from the rainwater pipe on the balcony above and inadequate fire safety precautions (such as a lack of a fire-resistant door to the kitchen and inadequate fire detection).
12. The landlord said she was willing and ready to carry out the necessary works but was having difficulty gaining access. She also said she was happy to discuss alternative accommodation or a rent discount for inconvenience. The officer advised Ms B that she should co-operate with the landlord to agree arrangements to carry out the repairs. Ms B said her solicitor had advised her to allow the landlord one visit and not until her court case was completed. The Council asked for details of her solicitor to discuss the access issues, but Ms B did not respond.
13. The officer contacted Ms B in August 2019 to arrange a formal inspection, but Ms B said she was not available until October 2019. The Council closed the case.

Third complaint – October 2019

14. Ms B contacted the Council again complaining that the landlord had not done the necessary repairs. She said she had given the landlord an opportunity on 15 July 2019, but she had never heard from her again. Ms B submitted an electrical report (dated 19 October 2019) she had commissioned herself and a fire risk assessment dated 11 October 2019, both identifying urgent work that needed to be done.
15. The Council officer during his visit on 15 July 2019 identified that the building was a House in Multiple Occupation (HMO). He visited again on 16 October 2019 to inspect the common parts of the building and noted that the fire alarm system was not satisfactory. He then investigated the ownership of the building and the interested parties such as the leaseholders and managing agents.
16. In February 2020 he established, via the managing agents, that a new fire safety system had been installed and connected to all the flats apart from Ms B’s. He also had contact with the landlord who said she knew nothing about the electrical safety report and would be happy to attend to the issues raised if Ms B would allow access. She also wanted to gain access to investigate the leak into the living room and the possible leak to the flat below and to carry out the fire safety works.
17. Ms B said to the Council that she would not allow the landlord access and she had ongoing court action against her.
18. The council officer inspected the premises on 9 March 2020. He identified several hazards but noted a new fire alarm system had been installed apart from the connection to Ms B’s flat.
19. In April 2020 a different council officer wrote to Ms B and her landlord warning them about a possible leak from her property into the flat below. It asked them to identify the source of the leak and carry out suitable repairs. Ms B complained immediately accusing the office of misconduct in public office and causing personal injury to her as she was so distressed. She also complained about the failure to take action in respect of the fire safety, electrical hazards and the leak into the living room.
20. In June 2020 the Council wrote to Ms B about all the complaints she had raised across a number of service areas. In respect of the repairs it said it had investigated the issues and sent a notice to the landlord, but the repairs were to be completed by the landlord.
21. In July 2020 the Council sent an Improvement Notice and a Hazard Awareness Notice to the landlord. The improvement notice required her to rectify the fire safety and electrical work. It said the work should be started by 17 August 2020 and completed within six weeks.
22. The hazard awareness notice required the landlord to rectify within a reasonable period, damp and mould issue arising from leaks into the flat
23. Ms B complained to us that the Council officer was harassing her in September 2020 because he was trying to arrange a further visit to her flat.

Analysis

24. I cannot identify any fault with the action the Council has taken to investigate disrepair in Ms B’s flat. Each time she has complained, the Council has contacted the landlord and Ms B and visited her flat. It has identified repairs and notified the landlord, who is willing to carry out the work. However, Ms B has not allowed the landlord access to carry out the repairs. The Council also identified fire safety inadequacies and ensured the landlord took action to improve the system. Unfortunately, Ms B has not allowed access to ensure her flat is connected to the system.
25. The Council has now issued notices to ensure the category 1 and 2 hazards are rectified. It has advised the landlord to obtain a warrant to gain entry.
26. I do not consider the Council’s attempts to visit Ms B’s property are unreasonable because the Council needs to check to see if the work required by the Improvement Notice has been done.

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Final decision

27. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Ms B.

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Investigator's decision on behalf of the Ombudsman