Summary: We will not investigate this complaint about the Council’s investigation of disrepair in private rented accommodation. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s failure to offer her housing because she says her current private rented home is unsuitable due to disrepair and a cockroach infestation. she wants the Council to rehouse her instead of requiring the landlord to repair the property.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she complained to the Council about her private rented home being unsuitable to live in because the corner of the kitchen floor had given way and also because of the presence of cockroaches in her flat and the building. Councils have a duty to inspect complaints of disrepair in private rented housing under the Housing Act 2004. The Council inspected her home and advised the landlord of the work required.
6. The landlord co-operated with the Council and arranged for the work to be carried out. Miss X said she could not stay in the flat while the works were carried out because she says her child has health conditions and she has asthma. The landlord agreed with the Council to put her in a hotel for the days the work would take. Miss X refused the offer and asked the Council to rehouse her instead.
7. The Council has advised Miss X that the landlord has complied with his requirements under the law and it cannot serve any notice against him. Miss X has a legal tenancy agreement with the landlord and there is a legal requirement of the tenancy terms for her to allow the landlord access to carry out repairs after 24 hours’ notice. If the tenant refuses access for repairs the landlord may seek an injunction for access or begin possession proceedings. The landlord does not wish to evict Miss X and is entitled to have access for repair work.
8. Miss X had not completed a homeless application and the Council told her she was not threatened with homelessness when she complained. She could ask the Council for a review of her existing housing application but the disrepair may not be a relevant factor in her priority if it can be remedied by her own actions.
9. 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 someone disagrees with the decision the organisation made. In this case the Council has investigated the conditions of Miss X’s home and met the requirements of the legislation.

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Final decision

10. We will not investigate this complaint about the Council’s investigation of disrepair in private rented accommodation. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman