London Borough of Camden (25 014 288)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 23 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate X’s complaint about a House in Multiple Occupation licence issued by the Council. X had a right of appeal to the First-Tier Tribunal about this issue, and it would be reasonable to expect him to have used it.
The complaint
- X complained about a House in Multiple Occupation (HMO) licence issued by the Council, specifically the shorter length of time it was issued for.
- X said the shorter licence period would lead to financial loss, as they would have to re-apply in 12 months’ time. X wanted the Council to provide a five-year licence or waive his fee, when he renewed his licence.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- X complained about a HMO licence. He said the Council issued the licence for a shorter period than requested.
- The Housing Act 2004 says a HMO licence holder can appeal to the First-Tier Tribunal (Property Chamber) about the conditions of the licence. This includes the length of time it has been issued for.
- It would be reasonable for X to have used this right because it is set out in law, and the Tribunal can tell the Council to grant the licence on different terms. In any case we cannot direct the Council to do so or tell it to waive X’s renewal fees.
- As outlined in paragraph four, we cannot investigate complaints where a person has a right of appeal to a Tribunal and where we expect it reasonable for a person to have used it.
Final decision
- We will not investigate X’s complaint because he had a right of appeal to a Tribunal and it would have been reasonable to have expected him to use it.
Investigator's decision on behalf of the Ombudsman