Summary: The Ombudsman will not investigate this complaint about information provided by the Council about the landlord licensing scheme. This is because there is insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council did not tell her that the landlord licence she applied for in 2019 would expire in March 2020. She says she would have delayed renting out the property if she had known.

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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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I received information from the Council about the people registered for council tax at the property since 2015. I invited Mrs X to comment on a draft of this decision.

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What I found

Landlord licence scheme

4. It is a legal requirement for all landlords in the Council area to obtain a licence. The current licensing scheme runs from April 2015 until March 2020. The licence fee is the same amount regardless of when the landlord applies for the licence. The fee is £412. The landlord must pay an initial non-refundable fee of £206. They must pay another £206 within 14 days of the Council issuing the licence. It is a criminal offence for a landlord not to have a licence.

What happened

5. Mrs X applied for a licence in July 2019. The Council awarded it in August. She then complained that she had not been told the licence would expire in March 2020. In response the Council explained that licences are only issued for the duration of the scheme and the fee is the same regardless of when, during the five year period of the scheme, someone applies. It said it does not publicise the end date because it might discourage landlords from applying. But, it said it would take her comments into account when it reviews the scheme.
6. Mrs X says she would have delayed renting out the property if she had known the licence would end in March 2020. She says she has been short-changed and she wants the Council to make her licence valid for five years.
7. The Council says Mrs X bought the property in 2015. It also says the council tax records show different people living in the property since 2015, including some students. The Council suggests Mrs X might have been renting the property for some time before she applied for a licence. I asked Mrs X for the date she first rented out the property. Mrs X did not reply.

Assessment

8. I will not start an investigation because there is insufficient evidence of injustice. This is because the evidence available to me suggests Mrs X may have rented out the property for a period before she applied for the licence. As Mrs X should have applied for a licence as soon as the first tenant or student moved in, then it appears the licence fee does cover a longer period than Mrs X thinks. In addition, the Council will review what information it gives to landlords.

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Final decision

9. I will not start an investigation because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman