Summary: We found fault on Mr Y’s complaint about the Council failing to act on his reports of the condition of his temporary accommodation. Records were not made, retained, and checked about previous problems with the same property. It failed to carry out a housing needs assessment before he moved in or act promptly on his reports. Nor did it keep its suitability under review, and it failed to follow its own complaints procedure. The Council agreed to send Mr Y an apology for the failings, pay £3,850 as he lived in unsuitable accommodation, a symbolic £100 payment for increased electricity costs, and £400 for avoidable distress. It agreed to review procedures and remind officers of the need to keep temporary accommodation’s suitability under review.

The complaint

1. Mr Y complains about the Council failing to:
1. act on his reports about the disrepair of his temporary accommodation where he lived with his son;
2. provide him with a number which would allow him to bid for accommodation on its housing register; and
3. respond to his formal complaints within timescales set by its complaints procedure.
2. As a result, he and his son lived in accommodation unfit for human habitation which affected his health, lost him the opportunity to bid for properties for more than a year, and caused him a great deal of stress and frustration.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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)
6. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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What I have and have not investigated

7. Mr Y complained to us in November 2024. This means we would usually only investigate his complaint from November 2023 and events before that date would not be within jurisdiction because they were ‘late’. I decided to exercise discretion to investigate from October 2023. This was because this was the date he moved into his property with his son. In addition, I considered the condition of the property and the fact it should not have been let to him in the first place.

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How I considered this complaint

8. I considered evidence provided by Mr Y, the notes I made of our telephone conversation, the Council’s response to my enquiries, as well as relevant law, policy, and guidance. I sent a copy of the draft decision to Mr Y and the Council. I considered their responses.

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What I found

Legal and administrative background

Temporary accommodation

9. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need, the council has a duty to secure suitable accommodation is available for their occupation. There is no duty on councils to provide a permanent secure or assured tenancy. Usually, a council will arrange temporary accommodation for the applicant until it makes a suitable offer of social housing or privately rented accommodation.

Suitability of accommodation and reviews

10. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
11. The council must consider if the accommodation is:
• affordable;
• in good enough condition;
• in a suitable location;
• the right size; and
• suitable for any health issues or disabilities.
12. As the duty to provide suitable accommodation is a continuing obligation, councils must keep the issue of suitability of accommodation under review. If there is a change in circumstances, the council must consider whether the accommodation remains suitable.
13. Anyone who believes their temporary accommodation is unsuitable can ask the council to review its suitability.

Hazards and disrepair

14. The legal duty lies with a council to ensure an applicant is in suitable accommodation which is free from disrepair or hazards. The council is responsible for the actions of providers of temporary accommodation because they are acting on its behalf.
15. Accommodation is not suitable if it falls below certain minimum standards. The Homelessness Code of Guidance recommends any accommodation should, as a minimum, be free of “Category One” hazards assessed under the Housing Health and Safety Rating system (HHSRS). A category one hazard is a hazard that poses a serious threat to someone’s health or safety, such as excessive cold, damp, and mould.
16. The Housing Act 2004 sets out councils’ duties and powers to address hazards in residential properties in their area. Where a council, for any reason, considers it would be appropriate to inspect a property to determine whether any hazard exists, it must arrange an inspection. If a council considers a Category One hazard exists, it must take the appropriate enforcement action. If there is a Category Two hazard, the Council has the power to take enforcement action.
17. Enforcement action includes serving an Improvement Notice which instructs the owner about what work must be done to put the property right. If the owner does not do the work, the Council can do the work in default and charge the owner the cost of this.
18. In relation to disrepair, in the first instance, occupiers are expected to report any defects to the landlord or managing agent.
19. Councils should have an agreement with the landlord or agent which sets out the minimum property standards and timescales to deal with responsive repairs.
20. If the landlord or agent fails to respond and does not inspect the property and arrange for works to be done in a reasonable time, the applicant may then contact the council.
21. If there is persistent or recurring disrepair which has not been remedied by the landlord or agent, we would expect the council to be proactive and investigate. The team responsible for managing temporary accommodation should liaise with the landlord or managing agent to get necessary repairs done and check works have been satisfactorily completed.

Council Housing Allocation Policy (2013)

22. Applicants are placed in one of the following Bands based on their priority needs:

• Band A: Emergencies and Strategic Priorities: this includes those wishing for an emergency transfer due to risk of violence, life threatening medical emergencies, and where housing is needed to prevent significant harm to a child, for example. It is divided into Level 1 and 2. The Council can exercise discretion to place exceptionally urgent cases in Level 1.
• Band B: High Priority: this includes those in severely overcrowded households (lacking two bedrooms), those with an urgent medical need to move, and those threatened with homelessness who are working with the Council to prevent it.
• Band C: Medium Priority: this includes homeless households, those who are overcrowded (lacking one bedroom), and those sharing a bathroom/kitchen, as well as those with a less urgent medical need. It has two Levels. All are in Level 2 except those it owed a full housing duty towards.
• Band D: Low Priority: this is for those not in other bands, including those adequately housed.

Council Housing Allocation Scheme (2024)

23. In addition to the previous Banding priorities, the scheme made the following changes:

• Band B: Homeless households owed a full housing duty.
• Band C: Homeless households not in priority need. Band C no longer had two Levels.
• Band D: This was phased out so from April 2024, applicants who would have been placed in this Band can no longer join the register. From December, existing applicants in this Band would be removed from the register.

Bid for Council housing

24. The Council’s website says an applicant needs to be on the transfer or housing waiting list to register an interest in a property.
25. To join the housing register, an applicant must meet one of several criteria which includes being owed a full homeless duty. Applicants who have registered and able to bid are sent an information pack with their details which gives instructions about how to view details of available properties and make a bid. To bid, an applicant needs to be on its housing register and then log on using their bidding number and Personal Identification Number.
26. Bids are assessed according to the applicant’s banding and registration date to that band.

What happened

27. The Council moved Mr Y and his son to private temporary accommodation in October 2023 as it had accepted the full housing duty to him several months earlier. The accommodation was a two bedroom flat (property 1).
28. He said the agent told him, when viewing it, that there had been a leak in the property but that would be repaired. The leak was not repaired. The landlord removed part of the ceiling in a room which left his property cold without proper insulation. Rain water entered through the roof and ceiling where there were exposed electrical wires. In addition, a window frame in his bedroom had a large gap which meant the room was also cold. The property had mould in the bathroom.
29. The same month, the Council placed him on the housing register. He was Band C1 under its allocation scheme as he was statutorily homeless. The Council confirmed there was an ‘Under Entry’ status on his account which meant it had not fully processed it to the point where he could bid under its allocation scheme. It said changing the temporary accommodation address on its system ‘always caused the application to default’ to Under Entry status. At this point, the Council explained it is only corrected when the Temporary Accommodation team updates some compulsory questions and reinstates the ‘authorised’ status.
30. In February 2024, Mr Y told the Council about the problems with property 1. He was told to contact the agent about it. After further contact from him, and hearing nothing from the agent, the Council contacted the agent.
31. In March, Mr Y complained to the Council again about the condition of the property and asked to be moved. The Council records showed this was brought to the attention of other teams who were asked to deal with it urgently. The agent initially contacted the Council and said they were arranging the works and then later said they had visited the property. The draughty window was resolved by using draught excluder. The agent explained what steps the landlord had taken to identify the source of the leak, which included removing part of the ceiling. The agent supported Mr Y’s wish to move to another property, either through them or by the Council.
32. In June, Mr Y again contacted the Council about the condition of the property. The Council chased the landlord for an update. The Council also responded to his formal complaint saying it had asked the agent to inspect it in light of his concerns. It partly upheld the complaint, pending feedback from the agent. It also apologised for the time taken to respond which was due to volume of complaints received.
33. The following month it wrote to the agents about his concerns and asked for an inspection and to explain what works would be done.
34. In September, Mr Y complained again to the Council as no work to the roof was done which still leaked. There was still mould. He said the agent told him the property was not fit for human habitation.
35. Towards the end of October, the Council’s own property inspector visited. The inspector recalled visiting the property several years before when previous tenants were moved out due to its condition. The inspector was shocked to see the same roof issue had not been repaired three years later. The agent had merely painted over the previous water marks.
36. The inspector noted a ‘lack of communication between our team (Lambeth)’ and that even though Mr Y had been in the property for more than a year, the works had still not been done. This showed a willingness by the agent/landlord to delay matters while the Council continued to pay rent. The inspector said the tenant should be moved immediately.
37. In November, the Council sent its stage 2 response under its complaints procedure. It said it would send its own property inspector to the look at it the same day. The Council again apologised for not meeting its usual standards. Later that month, he was moved to another temporary accommodation (property 2).
38. Mr Y was also unhappy the Council had not given him a number which would have allowed him to bid for a property on its housing register.
39. The Council explained during October 2023 to March 2024, he would have been in Band C1 as statutory homeless, had he been able to bid. It sent information showing all the lettings during this period he could have bid for, had he been able to do so. It also sent information from April 2024 to April 2025 he could have bid for under Band B as statutory homeless. His qualifying date was 31 May 2023. His banding changed because of a change to its housing allocation policy.

My findings

Complaint a): Condition of temporary accommodation

40. I found the following on this complaint:
1. The Council was aware several years earlier that this property had serious repair issues. The evidence from the property inspection carried out in October 2024 confirmed previous occupants were moved from property 1 because of the same problem Mr Y experienced.
2. There was no evidence the Council made or checked any records about this property and its condition to see whether it had used it before and should be used again. Had it done so, not only would it have identified the previous identical problem but also, the same stalling tactics used by the agent/landlord.
3. There was also no evidence of it checking to see whether the problems identified years before were resolved before offering the property to Mr Y. I am satisfied these failures amount to fault.
4. I am satisfied these failures caused Mr Y avoidable injustice. It is likely that had these failures not happened, the Council would not have placed him in property 1 at all. He experienced distress of living in a property that was not fit for occupation. He suffered frustration and anxiety while living there.
5. Nor was there any evidence of the Council carrying out a housing needs assessment before Mr Y moved into the property. This was fault. Again, I am satisfied this caused him an injustice as he has the uncertainty that he might not have been moved there had it been done.
6. Mr Y reported the property’s condition to the Council in February 2024. There was initial contact by the Council with the agent who explained what action it claimed the landlord had taken which was why part of the internal ceiling was removed.
7. In June, Mr Y contacted the Council again about the property. It chased the agent again. It also replied to Mr Y under its first stage of its complaints procedure. It told Mr Y it had asked the agent to inspect property 1. It asked again in July.
8. There was nothing to show what the Council then did until September, when Mr Y complained again as the landlord had done nothing. It was only towards the end of October the Council’s own property inspector visited to look at property 1.
9. The Council had a duty to keep the suitability of property 1 under review. While I appreciate it correctly initially asked the agent about it, it let too much time pass before eventually going to inspect the property itself. I consider the Council needed to be more proactive as this was a serious problem Mr Y had reported. It was also a problem the Council should have considered under the HHSRS as it was a Category One hazard (a serious and immediate risk to a person’s health and safety). It simply took too long to get the agent to confirm whether repairs had been done and to go out and see its condition for itself. It inspected the property in October, eight months after Mr Y first alerted it to the problem. The failure to keep its suitability under review, as well as the delays to verify its condition, was fault.
10. I am satisfied these failures caused Mr Y an injustice. The delays and failures meant he had the distress of living in the property for longer than he should have done.

Complaint b): Bidding

41. I found fault on this complaint for the following reasons:
1. While Mr Y joined the Council’s housing register in October 2023, it failed to take steps to activate his status which would have allowed him to have placed bids under its choice-based lettings scheme. This failure was fault.
2. I asked the Council for details of properties that became available from October 2023 to the date of my enquiries. I looked at the properties let during this period both when Mr Y was in Band C1, under the previous housing allocation policy, and when in Band B, under the current one. Having done so, on balance, I am satisfied Mr Y was not caused an injustice.
3. This was because all the properties, with a few exceptions, went to applicants who had an earlier registration date than Mr Y. I am also satisfied those exceptions went to applicants with a lower priority or qualifying date because they were level access ground floor properties. In addition, the applicants also had an assessed medical need for such properties. What this meant was Mr Y would not have been allocated these properties anyway even if he had been able to bid

Complaint c): Complaints process

42. The stages under the Council’s complaints procedure are:

• Local resolution: Issue a response for housing complaints within 10 working days of acknowledging the complaint. Where the issues raised are complex, it may take longer to respond. In these cases, it would explain why there was a delay and set out when a response would be sent as well as providing contact details for us; and
• Final review: This is its second stage and is investigated by its complaints team. It is acknowledged within 5 days, and for housing complaints, a written response is sent within 20 working days of acknowledging the complaint. Where the issues raised are complex, it may take longer to respond. In these cases, it would explain why there was a delay and set out when a response would be sent as well as providing contact details for us.

43. I found fault on this complaint because Mr Y complained in March, but the Council failed to respond to it under the Local resolution stage until June. This was a delay of about 10 weeks under its complaints procedure. There was no evidence of the Council contacting him during this period to explain it was going to take longer than usual, why, or when it would be sent.
44. The response at the Final review stage also failed to meet its own time scale. Instead of taking 4 weeks, the response took about a further seven weeks. Again, there was no evidence of the Council contacting him during this period to explain it was going to take longer than usual, why, or when it would be sent.
45. I am satisfied the fault caused Mr Y an injustice. He had the distress of not knowing whether the complaint was being actioned and the frustration this caused.

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Action

46. I considered our guidance on remedies.
47. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send a written apology to Mr Y for failing to: check the property’s history before moving him in; check whether the previous problems it was aware of were resolved before moving him to it; carry out a housing needs assessment before he moved in; act on his reports promptly; keep the property’s suitability under review; deal with his complaint under its complaints procedure.
2. Pay £3,850 (£350 a month x 11 months) to Mr Y because he lived in unsuitable accommodation longer than needed.
3. Make a symbolic payment of £100 towards the higher costs of electricity Mr Y used because of the property’s condition.
4. Make a payment of £400 to Mr Y for the distress (frustration, anxiety, as well as time and trouble) the avoidable fault caused.
5. If it has not already done so, ensure Mr Y can now place bids for properties.
6. Review its procedures and protocols to ensure: i) proper records are made, retained, and checked about temporary accommodation where tenants are moved because of its poor condition; ii) checks are made before moving an applicant into such a property to ensure any remedial works necessary were done to make it suitable to let.
7. Review why a housing needs assessment was not done before moving Mr Y in to the property and remind relevant officers of the need to do them.
8. Review why delays happened in responding to his reports about the property’s condition and act to ensure these cannot be repeated on future cases.
9. Remind relevant officers of the need to keep interim/temporary accommodation’s suitability under review during its occupation.
10. Review why there were failures with the complaints procedure and act to ensure these cannot be repeated on future cases.
48. The Council should provide us with evidence it has complied with the above actions.

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Final decision

49. I found the following on Mr Y’s complaint against the Council:

• Complaint a): fault causing injustice;
• Complaint b): fault causing no injustice; and
• Complaint c): fault causing injustice.

50. The agreed action remedies the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman