Summary: We cannot investigate this complaint about the Council serving a financial penalty for non-registration of a rented property within a selective licensing scheme. Mr X has exercised his right to appeal the penalty and listing on a rogue landlord’s register to the Residential Property Tribunal and we cannot investigate further.

The complaint

1. Mr X complained about the Council telling him in September 2024 that he did not have a licence for a property which he rents out privately. He says he was not given sufficient time to apply and that the Council ignored his communication. He says the Council should withdraw the £1,000 penalty it issued and remove him from its register of rogue landlords and apologise for its errors.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X is a private landlord and in 2024 he was informed by the Council that he did not have a licence for a rental property which is located within a selective licensing zone. The Council said it has operated the licensing scheme since 2022 and that as a landlord he should be aware of the regulations and the legal requirement to have a licence.
7. Mr X says the Council delayed in issuing a licence when he applied in March 2025. The Council issued Mr X with a Financial penalty warning in February because it says he had not applied by then. The penalty was for £1,000 although the maximum penalty is up to £30,000. It also told him he would be added to the register of rogue landlords once the penalty was issued. Financial penalties under the Housing Act 2004 provisions carry a right of appeal to the residential Property Tribunal which is part of the First-Tier courts tribunals. Mr X submitted an appeal to the Tribunal.
8. We cannot investigate complaints once an appeal is submitted to a Tribunal, regardless of the outcome of the appeal. We have no jurisdiction to consider Mr X’s complaint because he appealed.

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Final decision

9. We will not investigate this complaint about the Council serving a financial penalty for non-registration of a rented property within a selective licensing scheme. Mr X has exercised his right to appeal the penalty and listing on a rogue landlord’s register to the Residential Property Tribunal and we cannot investigate further.

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Investigator's decision on behalf of the Ombudsman