Summary: We will not investigate this complaint that the complainant cannot apply for a property licence because the Council says he must make an on-line application. This is because there is insufficient evidence of fault by the Council and because the complainant has now applied for a licence.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not accept a paper application for a licence for a House of Multiple Occupation (HMO).

Back to top

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:

• it is unlikely we would find fault, or
• the problem has been resolved.

(Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

Back to top

What I found

House of Multiple Occupation

4. It is an offence for a landlord not to have a licence for a HMO.
5. The law says the landlord must apply to the Council for a licence and the Council can decide how that application must be made.
6. Since 2018 the Council has required people to submit on-line applications.

What happened

7. Mr X has three HMOs. Two of the properties have been licensed for a long time. The Council visited a third property in December 2019 and told Mr X it did not need a licence until there were five occupants. In 2019 there were only two occupants. The Council told Mr X how he could apply for a licence.
8. In September 2020 the Council told Mr X that it appeared he now needed a licence. It invited him to apply. The Council visited in October and found there had been five occupants since August. The Council emailed Mr X to say it is an offence to operate a HMO without a licence. It suggested he could get help with the application from a relative or agent. The Council met Mr X’s son in November. The son said he would help his father make the application.
9. In January the Council told Mr X he may have committed an offence because he had still not applied for a licence. It accepted he had tried to apply and repeated that he could get help from a relative.
10. In response to Mr X’s complaint of harassment the Council repeated that, as a landlord, he is required to meet his legal obligations. It explained the law says it can decide how applications should be made and it has not accepted paper applications since 2018. It said that as a landlord, operating a business, he is expected to make arrangements so he can meet his obligations as a landlord. The Council again invited him to apply.
11. In response to my enquiries the Council told me Mr X has now applied for a licence.

Assessment

12. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the law allows councils to decide how people must make applications. The Council also told Mr X how he could get help and it was aware his son had said he would help.
13. I also will not start an investigation because Mr X has submitted an application and the problem has been resolved.

Back to top

Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council and because the problem has been resolved.

Back to top

Investigator's decision on behalf of the Ombudsman