Summary: We will not investigate this complaint about the Council issuing a private housing licence for a property which should not have qualified because it has rooms below the minimum size. The complainant has submitted a claim for negligence against the Council. If liability is denied, then it is reasonable for them to seek a remedy in the courts.

The complaint

1. Mr X complained about the Council’s failure to identify that a room which he has rented in a house in multiple occupation (HMO) is below the minimum size for a licensed property. He says he has already paid over £9,000 in rent for the room and will have to pay a further £4,160 if his landlord will not release him from the contract.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. Mr X rents a room in a building which is licensed as a HMO. The property was licensed by a predecessor council in 2014 and was considered to meet the minimum dimensions for one adult, which is 6.51 square metres. The Council renewed the licence in 2020 but did not note that one room was below the minimum size for a licence requirement. This is Mr X’s room.
6. Mr X complained to the Council and it inspected the room and found it to be below the minimum size and only suitable for a child. Mr X had already paid several thousand pounds in rent and is bound by his contract to pay over £4,000 more in future. The landlord will not release him from the contract because he says he has a valid licence.
7. Mr X sought legal advice and his solicitors told him he had grounds to make a claim for his losses under the tort of negligence by the council. He wrote to the Council advising them of this and as a result the Council has passed the case to its insurers to await his solicitor’s submission of a claim.
8. The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
9. It is reasonable for Mr X to seek a remedy in the courts if the Council does not accept liability for his claim.

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Final decision

10. We will not investigate this complaint about the Council issuing a private housing licence for a property which should not have qualified because it has rooms below the minimum size. The complainant has submitted a claim for negligence against the Council. If liability is denied, then it is reasonable for them to seek a remedy in the courts.

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Investigator's decision on behalf of the Ombudsman