London Borough of Hounslow (20 001 720)

Category : Housing > Homelessness

Decision : Upheld

Decision date : 22 Feb 2021

The Ombudsman's final decision:

Summary: It is likely, on the balance of probabilities, the private rental property offered to Miss X on a direct let scheme complied with the scheme’s requirements. There was fault, as the Council failed to refer complaints about the landlord not repairing windows and the boiler to the housing enforcement team quickly. The Council has already offered Miss X a Council tenancy to a new property, with a furniture pack which is a satisfactory remedy to complaints about draughts from the window and a lack of heating for 2 months.

The complaint

  1. The complainant, who I shall call Miss X, complains that a private rental property offered to her under a Council scheme did not comply with the schemes requirements with regard to gas safety, electrical and energy performance certificates. She also complains the Council did not consider affordability when offering her the property under the Council scheme.
  2. Miss X says her initial complaints about the landlord not fixing the boiler or the windows were not referred to the housing enforcement team when she first complained on moving in.
  3. Miss X says that she was without a working boiler or gas cooker for two months. And the flat was cold and affected her daughter’s health. She also complains about other issues with the Council’s housing department going back seven years.

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What I have investigated

  1. I have exercised discretion to investigate back to July 2018 when Miss X first moved in to the flat under the direct let scheme but I cannot guarantee there will be sufficient information available from the Council to make a sound decision on what happened over 12 months ago. The final section of this statement contains my reason for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

  1. 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)
  2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
  3. If we are satisfied with a council’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)

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How I considered this complaint

  1. I read the papers put in by Miss X and discussed the complaint with her.
  2. I considered the Council’s comments about the complaint and any supporting documents it provided.
  3. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

  1. Miss X viewed a flat under the Council’s direct let scheme. The flat was privately owned but in a Council block. The scheme allows landlords to manage tenants nominated by the Council with an Assured Shorthold Tenancy (AST) agreement between the landlord and the tenant.
  2. Miss X signed an agreement in July 2018. This agreement asks the tenant to sign that they understand that:
    • The scheme aims to find tenants suitable private sector accommodation. This is on a ‘direct let’ basis which means the contract is with an independent landlord and not the Council.
    • It is the tenants responsibility to ensure the accommodation is suitable before signing any agreement with the landlord.
    • Checks complete on the property relate only to the inventory and deposit. The Council accepts no liability resulting from the condition of the property.
  3. Miss X emailed the Council’s housing officer on 23 July 2018 to say the boiler wasn’t working and she could not get her cooker connected because of a problem with the gas supply. Miss X emailed the Council on 30 July to say that she had contacted the landlord who had still not arranged to fix the boiler.
  4. Miss X emailed her landlord on 27 July to say that some of the windows did not open and were missing handles.
  5. Miss X emailed the Council on 26 November 2018 to say the landlord had fixed the boiler and she had no problems with the cooker. She complained the flat was cold due to problems with the windows and perhaps the lack of insulation. Miss X made further complaints about the windows in 2019 and 2020.

My analysis

Safety certificates

  1. Miss X complains the flat she rented under a Council scheme did not comply with the scheme’s requirements on gas safety, electrical and energy performance certificates.
  2. In its response to Miss X’s official complaint, the Council told Miss X that it had been unable to find copies of the relevant safety certificates. When I made enquiries, the Council said on reviewing the information it had stored electronically, it considered there was certain information that had to be supplied prior to the Council making a payment to a landlord. I have seen a checklist which does confirm the Council got the relevant certificates. However, the Council has said that it cannot locate actual copies of the certificates.
  3. One of the reasons the Ombudsman asks complainants to make complaints within 12 months is to ensure that all evidence on the Council’s files is available. In this case, the Council no longer has copies of the safety certificates but has a checklist that shows that officers have seen them. The landlord has not kept copies of the certificates either.
  4. It is not fault for the Council not keep copies of certificates indefinitely. So, the question is, on the balance of probabilities, were the certificates seen by the Council when the property was let. Obviously, there is no way that I can know this for sure. But, given the officer completed the checklist I do think it is more likely than not. So, I can find no fault on this point.

Affordability

  1. Miss X complains the Council did not take into account affordability when offering her the property under the Council scheme. Miss X has not raised this complaint with the Council during its formal complaints procedure.
  2. The Council has said the rent for the flat was the same as the Local Housing Allowance (LHA) Rate at the time. Miss X told me on the telephone that she paid full rent for four months but was receiving benefit for the rest of the 2 years.
  3. I note Miss X’s concerns, but as she was aware of the rental costs when agreeing to the property and it was at the local housing allowance rate I cannot see any evidence of fault to warrant pursuing this part of her complaint. LHA rates are based on private rents, and limited by legislation. These rents are being paid by people with the same number of bedrooms as the property where Miss X lived. It would seem unlikely that she would have found a significantly cheaper property than the local housing allowance rate.

Boiler and window complaint

  1. Miss X complains the boiler was not working when she moved in, she could not connect her cooker and the windows were faulty.
  2. Miss X said she thought that if she refused the property, she would not have received any further offer of accommodation.
  3. The Council has said that Miss X had the opportunity to view the property and if the landlord was willing to offer a tenancy to Miss X, it would constitute an offer of private rented accommodation. The landlord did offer the tenancy to Miss X following the viewing and Miss X had the choice whether to accept it or not. The Council said it would not have considered Miss X to be intentionally homeless if she refused the property.
  4. I can see no evidence that Miss X would have been disadvantaged if she refused the property and she clearly had the opportunity to inspect it before she agreed to the rental.
  5. The Council has said the rental contract was between Miss X and the landlord, so the Council is not responsible for the condition of the property or any repairs that have to be carried out. This was the responsibility of Miss X‘s landlord. The agreement Miss X signed confirms this and so I can find no fault by the Council relating to the initial condition of the flat. Miss X was clearly informed that the landlord was responsible for the condition of the property.
  6. However, the flat is owned by a private landlord in a block where the Council is the leaseholder. It is clear that Miss X reported problems with the windows throughout the tenancy to both her landlord, the housing officer and the housing repair team. The Council visited but determined that as the previous tenant glued the windows shut, the landlord was responsible for the repair costs. The housing enforcement team became involved in 2020, but no visit was carried out due to COVID-19.
  7. Miss X made an official complaint. In May 2020 the Council did not uphold her complaint. But, in recognition of Miss X bringing the issues to its attention it offered her the tenancy of a two bedroom Council flat which she accepted. The Council also gifted Miss X a furniture pack. Miss X accepted the property, although she does have complaints about this property also.
  8. It is clear there were some failings by the Council in responding to Miss X’s complaints about the windows and the boiler. Miss X raised complaints almost immediately that the windows were glued shut and these were not acted on promptly by the housing enforcement team. The Council has said that ‘the leasehold services team were taking action against the landlord (council leaseholder) in relation to the windows, and a number of property inspections had taken place. The housing enforcement team would not have added any value in being involved earlier on this issue that was being actioned by another service area (leasehold services) in the council’. On this point I do find fault. It is unlikely that the problems with the windows would have been resolved quickly, as the legal situation regarding responsibility for repairs is complex. But, at least Miss X would have been saved the trouble of making repeated complaints.
  9. Miss X has said that she wants a financial payment towards her daughters ill health while living in the cold flat, which she believes is partly due to the windows. Miss X has no medical evidence that proves her daughters illness (colds and chest infections) was directly caused by the windows so I cannot directly link her injustice to the fault by the Council.
  10. In any case, the Council has already offered a substantial remedy to Miss X. It made her a direct offer of accommodation, so she did not have to live with the windows anymore. It also gave her a furniture pack for the new flat. So, my view is that the remedy already offered by the Council is greater than the Ombudsman could have achieved for her and on this basis, I do not consider further investigation of this matter is warranted.
  11. Miss X has mentioned problems with the new property, but she will need to make a new complaint to the Council and then the Ombudsman on these matters.

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Final decision

  1. I have completed my investigation of this complaint. There was fault by the Council which caused injustice to Miss X. I am satisfied the Council has taken action to remedy that injustice. This complaint is upheld.

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Parts of the complaint that I did not investigate

  1. I have not investigated Miss X's complaint before July 2018. Miss X has not complained about this issue until now to either the Council or the Ombudsman. This is a late complaint and I have seen no good reason to accept it for investigation now.

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Investigator's decision on behalf of the Ombudsman

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