Summary: Miss X complained the Council failed to check a property was habitable before placing it on the allocation list for bidding and failed to correct the situation. There is no evidence of fault in the Council’s actions.

The complaint

1. Miss X complained the Council failed to check a property was habitable before placing it on the allocation list for bidding. She says the Council then failed to correct the situation because:
• It failed to consider her request for temporary accommodations while the repairs were undertaken.
• It did not allow her to rejoin the housing register due to the property being unsuitable.
• It failed to consider her request for a discretionary housing payment.
• It failed to consider whether it should waive the Council tax while she could not live in the property.
2. She says this caused her financial loss as she had to arrange and pay to stay in her current property while also paying for a property that was not habitable.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

6. I have considered:
• The information provided by Miss X and discussed the complaint with her;
• The Council’s comments on the complaint and the supporting information it provided; and
• Relevant law and guidance.
7. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Law and guidance

8. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
9. Councils must notify applicants in writing of the following decisions and give reasons:
• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.

Key events

10. Miss X was on the housing register with the Council. She was looking for a three-bedroom house with adaptations to meet her medical needs.
11. The Council runs a choice based letting system. Registered Providers can list properties on the choice based letting system. The Council reviews the letting advert to confirm it is suitable before listing the property in the next bidding cycle. All communications about the offer of a property are conducted between the Registered provider and the applicant.
12. In December 2021 under the Council’s choice based letting system a Registered provider offered Miss X a house. Miss X accepted the property as suitable and began her tenancy in early January 2022. Although she did not move in on this date as there was an overlap in tenancies until early February.
13. On attending the property Miss X became concerned that work had not been done by the registered provider during the void period. She raised a complaint to the landlord in late January 2022. These included defects to the roof, cracks in the walls, a lack of heating, issues with radiator pipes, issues with flooring, missing locks and damaged vents.
14. Following her complaint Miss X was offered compensation to recognise the distress caused by the registered provider’s failure to fix repairs prior to her tenancy and for the loss of the boiler for three months.
15. In May 2022 Miss X sent a new housing application to the Council. She applied for a new house due to disrepair and due to the wet room not being fit for purpose. On the application she noted she had been offered a social tenancy in the last 12 months. The form asked for extra information. Which the Council says Miss X did not supply.
16. Miss X contacted the Council by telephone in mid-February 2023 and asked it to consider her application. The Council decided in late February 2023 that she did not qualify. It said she was adequately housed in a property that met her needs.
17. Miss X appealed the decision. The Council decided in June 2023 it would place her on the register on medical and welfare grounds.

Findings

18. The Council says it checks all property listings before putting it up for bidding. The major problems with Miss X’s property related to issues the Council would not have been able to identify on review of a listing, such as the hot water heater not working. It is not reasonable to expect the Council to carry out a physical inspection of all properties put up for listing when there is no cause.
19. I appreciate that some issues could have been identified when the Council listed the property, such as missing flooring. It is common for Registered Providers to list properties during the void period. I would not expect the Council to hold up a listing for simple jobs like this which could be fixed during the void period. There is no fault in the Council placing the property for bidding.
20. I recognise Miss X was inconvenienced as the registered provider did not resolve these issues in the void period. She has, though, received a remedy from the Registered Provider to address this inconvenience.
21. Miss X feels the Council could have done more to lessen her inconvenience. The Council did not offer her temporary accommodation, offer for her to rejoin the register, or provide a discretionary housing payment. I have not seen any evidence that Miss X contacted the Council directly in early 2022 to tell them of her concern or to seek any of these solutions. As such it is not fault that the Council did not consider if action was needed to correct the situation.
22. Miss X did make a new application to join the housing register in May 2022 which the Council rejected. I am satisfied it considered the application and the information provided. While Miss X is unhappy with the outcome, I can see no fault in the decision-making process.

Back to top

Final decision

23. I have completed my investigation. I have not found fault with the Council. No further action is required.

Back to top

Investigator's decision on behalf of the Ombudsman