Summary: We will not investigate this complaint about the Council’s handling of Mr X’s selective landlord licence application in 2024. The complaint is late and there are no good reasons why Mr X could not have brought the matter to us sooner.

The complaint

1. Ms Y has brought this complaint to us as Mr X’s legal representative. She complains about the Council’s handling of Mr X’s selective landlord licence application in 2024. Ms Y says the Council delayed processing Mr X’s application, which led to evidence he submitted no longer being valid. She also believes the Council made a disproportionate threat of legal action which led Mr X to sell his rental property. Ms Y wants the Council to improve its handling, refund the rest of the application fee, lost rental income and a distress payment.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

5. Mr X submitted his selective landlord licence application to the Council on 4 April 2024. The Council contacted Mr X on 9 October 2024 to advise key supporting evidence was missing or out of date. The Council explained it would hold the application open for 28 days to allow Mr X to provide the missing information and valid evidence. It also warned of the consequences of operating as a landlord without a licence. Mr X replied on 9 October 2024 to challenge the Council’s proposed rejection of his application and argued the evidence had been in date when he submitted his application. Mr X sold his rental property shortly after this.
6. Mr X made a stage one complaint to the Council on 3 December 2024. The Council responded on 17 December 2024, following a telephone call with Mr X on 4 December 2024. The Council explained why the evidence Mr X had provided was not suitable and that it makes clear applications can take up to six months to process. It also agreed to refund the part of Mr X’s application fee that was used for issuing the licence and completing an inspection of the rental property.
7. Ms Y submitted a further complaint and claim for Mr X’s losses to the Council on 10 November 2025. The Council responded directly to Mr X under stage two of its complaint process on 10 February 2026. The Council explained it had nothing further to add to its previous stage one response in December 2024, in which it had fully set out its findings.
8. We usually expect people to complaint to us within 12 months of the events they are complaining about. In this case, Mr X has been aware of the Council’s proposal to reject his licence application since 9 October 2024. Any concerns Mr X continued to have about this matter should have been brought to us by October 2025, so Ms Y’s complaint to us on 30 January 2026 is late.
9. We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason here, because even if we investigated we not could achieve the outcome Ms Y is seeking for Mr X.
10. Ms Y’s claim to the Council seeks just over £10,000 in lost rental income, distress and the remaining application fee. This is a significant sum and appears to be a liability claim. We cannot decide liability or award damages like those Ms Y seeks. Deciding on whether an organisation is liable for damages involves looking rigorously, and in a structured way, at evidence as only the court or insurers can to make a finding. We have no powers to recommend payments for lost income or punitive damages.

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Final decision

11. We will not investigate Ms Y’s complaint because it is late and there are no good reasons why we should investigate it now.

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Investigator's decision on behalf of the Ombudsman