Summary: Mrs X complained about the terms of a selective licence which the Council issued to her in 2017. She also complained about threats by the Council over her obtaining a new licence from 2020 and disrepair and pest control action taken against her following licensing inspections. We will not investigate this complaint. This is because the licence was agreed in 2017 which is outside the normal 12-month period for accepting complaints and we will not exercise discretion to investigate it now. The pest control notice and the impending improvement notice carry rights of appeal to the court and a tribunal, and it is reasonable for Mrs X to seek this remedy if she intends to challenge them.

The complaint

1. Mrs X complained about the Council charging her for a 5-year selective landlord licence, but she only received a 3-year licence. She wants the Council to extend the licence for a further 2 years. She also says the Council has harassed her since 2020 to renew the licence and served her with a notice for a mouse infestation and is also says it will serve an improvement notice if she does not remedy outstanding repairs identified in licensing inspections.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response. Mrs X has been given an opportunity to comment on a draft copy of my decision.

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What I found

6. Mrs X says she signed a selective licence agreement in 2017 which was to run for 5 years. She was charged for a five-year licence but was told in 2020 that it expired in 2020 and she was told by the Council that she required a new licence for the period 2020-2025.
7. The Council says the last licencing period was from 2015-2017 and there is a fixed charge for licences in that period. The licence document clearly was worded as being from 2017 to 2020 and Mrs X or her agents were aware of this when they signed the agreement. The period cannot be extended as Mrs X has asked because that scheme ended in March 2020.
8. The Council also says she must apply for a new licence because a new 5-year scheme was introduced in 2020 and her properties are in the area which require a licence.
9. The restriction outlined in paragraph 2 applies here because Mrs X complains about a matter she became aware of more than 12 months ago. She accepted the licence in 2017 and it was clear that this was only valid until 2020. We have discretion to disapply the 12-month rule if we consider there are good reasons. We should not investigate this complaint because it is late and there are no good reasons to exercise discretion to accept it now.
10. The Council served a notice under the Prevention of Damage by Pests Act 1949 for a mouse infestation in one of her rented properties which was identified during a licensing inspection in 2020. It has told her she must have the infestation dealt with and complete identified repairs to prevent further action.
11. The restriction identified in paragraph 3 applies here because the Pests Act notice carries a right of appeal to the Magistrates Court for landlords who wish to challenge it. The Council has told Mrs X that it will serve an improvement notice on a property she owns which is in disrepair, even though she says she has served a possession notice on the tenants. If she receives a notice and she considers it is unreasonable she will have a right of appeal against it to the First Tier Property Tribunal.

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Draft decision

12. We will not investigate this complaint. This is because the licence was agreed in 2017 which is outside the normal 12-month period for accepting complaints and we will not exercise discretion to investigate it now. The pest control notice and the impending improvement notice carry rights of appeal to the court and a tribunal, and it is reasonable for Mrs X to seek this remedy if she intends to challenge them.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman