Summary: We will not investigate this complaint about the Council’s failure to fully investigate a complaint about residential selective licensing. The Council has confirmed it has received an application for a selective licence for the property concerned. It says it has required the landlord to make certain repairs by a specific date. We do not consider that further investigation will lead to a different outcome.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council failed to rigorously investigate his complaint about residential licensing. He says the house next door to his home is required to hold a selective license as it is privately rented. However, it has not had a licence for years and the house is not fit to have a licence. Mr X also complains the licensing team advised they would serve a formal notice on the landlord but have not.
2. Mr X wants the Council to
• visit the house and confirm if it meets the standard for a licence
• issue a penalty to the landlord; and
• require the landlord to carry out repairs and clear the garden of rubbish.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council confirms following Mr X’s complaint it started an investigation. It confirms the landlord has applied for a selective licence which is being processed.
7. The Council has also required the landlord to make specific repairs within three months. At the time of writing this decision, the deadline for completing the work has not yet expired.

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Final decision

8. We will not investigate Mr X’s complaint because the Council confirms it is dealing with an application for a selective licence for the property. And it has established what repairs are required and set a deadline for completion. I understand Mr X believes the Council should penalise the landlord for failing to apply for a licence in previous years. However, we cannot require the Council to do so, and we do not consider further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman