Summary: Ms X complains the Council delayed addressing and remedying serious repair issues which affected her Private Sector Lease property in recent years. We have found no evidence of fault in the way the Council considered these matters so have completed our investigation.

The complaint

1. The complainant whom I shall refer to as Ms X says the Council delayed addressing and remedying serious repair issues which have affected her Private Sector Lease property in recent years.
2. Ms X says the Council inspected the property in 2017 and 2018 with the landlord not remedying the same items on the lists. The Council carried out an inspection in August 2020 and required the landlord Ms Y, to carry repairs within six weeks. Ms X says Ms Y has not completed these because she has given the Council notice to end the lease of the property.
3. Ms X says it has been difficult liaising between the Council and Ms Y to have the repairs carried out. Ms X considers most of the repairs are category 1 hazards so a safety concern to her and her children, one of which has a medical condition.
4. Ms X complains about recent disrepair at the property including leaking rainwater through the living room window damaging her belongings, a broken boiler and pieces of plaster falling from a child’s bedroom ceiling.
5. Ms X complains the Council unreasonably gave her six weeks’ notice to end the tenancy of the property in December 2020 even though Ms Y advised she could stay until April 2021. Ms X says she has been on the housing register for two weeks and unsuccessful in bidding for a property despite her notice period ending shortly.
6. Ms X says the issues she complains about have caused her and her children distress and concerns about their health and safety.

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What I have investigated

7. I have exercise discretion to investigate Ms X’s complaints of disrepair from 2017 onwards as this is the date, she began to raise her concerns more frequently. The final part of this statement explains my reasons for not exercising discretion to investigate Ms X’s complaints of disrepair before 2017.

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The Ombudsman’s role and powers

8. 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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

9. 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)
10. 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

11. I have read the papers submitted by Ms X and spoken to her about the complaint. I considered the Council’s comments on the complaint and the supporting documents its provided.
12. Ms 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

Private housing disrepair

13. Councils have powers under the Housing Health and Safety Rating System to take enforcement action against private landlords where it has identified a hazard which puts the health and safety of the tenant at risk. Hazards include (but are not limited to):
• Damp and mould growth
• Excess cold or heat
• Pollutants
• Overcrowding
• Fire
• Risk from falls, and
• Electrical shocks.
14. Where the Council identifies the most serious (‘Category1’) hazards it is required to take action, but it may choose to take action about less serious (‘Category 2’ ) hazards.
15. Once a tenant has reported the disrepair to the Council, we would expect it to promptly consider the matter. This would normally require a visit to the property so it can examine the disrepair and assess the risk to the tenant. If the Council identifies a hazard it will need to form a view on whether the hazard can or should be reduced, or removed entirely, and if this is not possible what further action is needed. Unless urgent action is required, the Council should give the landlord opportunity to put the matter right. If the landlord does not take the necessary action, the Council should consider using its power to do the work or start enforcement action.

Background to the complaint

16. Ms X rented a three bedroomed property from the Council in 2013. Ms X moved in with her two children. Ms X has a mental health condition and her youngest child a medical condition. Ms Y owned the property and agreed to lease it to the Council under its Private Sector Leasing scheme (PSL). Under the scheme a landlord agrees to lease a property with vacant possession to the Council to use as temporary accommodation. Under the terms of the lease the landlord is responsible for completing repairs.
17. A tenant of the PSL scheme should report any repairs to the Council who will contact the landlord to advise of any repairs needed. The exception is for urgent repairs the tenant identifies out of office hours which should be reported directly to the landlord. The Council carries out regular post tenancy interviews with tenants usually by telephone to check on the properties.

Key events leading to the complaint

18. A Council inspector visited Ms X’s property in February 2017. The inspector noted Ms X’s report the lounge window appeared to bend. The inspector advised it was an illusion caused by the brass beading inside. Ms X refer to mould in the lounge. The inspector advised it was condensation mould and needed cleaning regularly. The inspection report noted the property and garden were in a satisfactory condition.
19. In a post tenancy interview in October 2017 Ms X reported some disrepair. An inspector visited the property. The inspector found some broken garden fencing and concrete pillars, the side of the patio door needed resealing, some minor roof repairs to tiles and fascia, and the gas meter cupboard door needing replacing. The Council carried out some emergency plumbing repairs due to a leak from Ms X’s washing machine and renewed some broken electric sockets in the living room. The Council sent Ms Y a list of repairs. The Council followed the repairs up with Ms Y and an inspector visited the property in February 2018.
20. The inspector reported some fence panels needed replacing and others repairing, concrete pillars to the fence needed rebuilding, the patio door resealing, roof repairs to guttering and fascia. The inspector noted defective seals in the bathroom window and small bedroom window needed replacing. The inspector said Ms Y should redecorate the walls following the washing machine leak once it dried out and replace the water damaged laminate flooring at some point.
21. An inspector visited a month later and Ms Y confirmed most repairs completed. Ms Y questioned whether Ms X caused the damage to the fencing and so not her responsibility to repair. In April 2018 in a post tenancy interview Ms X reported some roof tiles had slipped and the window seals now fallen off. The Council contacted Ms Y who arranged for a roofer to attend and carry out the further repairs.
22. An inspector arranged a visit to Ms X’s property. Ms X reported some outstanding work to the fencing, shed and the kitchen window seal being loose again. Ms X confirmed the walls had been replastered and the floor still drying out. The inspector noted the property and garden were in a satisfactory condition. In June 2018 Ms X reported some minor damage to the kitchen following a fire. Ms Y arranged some repairs.
23. The Council carried out a follow up visit in September 2018. An inspector’s report noted Ms Y was to plaster the kitchen walls and an area in the lounge. The report noted the property and garden were in a satisfactory condition. The Council chased Ms Y in October 2018 to ensure she carried out the works. In a post tenancy interview in December 2018 Ms X reported a concrete garden pillar had fallen in strong winds and another one was loose. The Council reported this to Ms Y.
24. In February 2019 Ms X confirmed the kitchen had been plastered but reported other issues. These included a broken bedroom window handle, front door not locking properly, part of a roof tile fallen off and another fallen concrete pillar in the garden. The Council emailed Ms Y about the reported issues and held a post tenancy interview with Ms X in May 2019. Ms Y visited the property in June 2019.
25. The Council visited the property in August 2019 to hold a post tenancy interview with Ms X. An inspector found Ms X had changed a broken handle to the front door and this had damaged the door. The inspector advised Ms X she may be charged for this. The inspector found a broken bedroom window handle and the electric sockets kept tripping. Ms X reported the washing machine waste pipe was leaking as she had relocated the washing machine. Ms X resolved this by moving the washing machine again.
26. The Council made a follow up call to Ms X in December 2019 . Ms X advised the electrics kept tripping off and the bedroom window handled had not been repaired. The Council contacted Ms Y to report the issues. Ms Y arranged for an electrician to visit the property and resolve the issue.
27. Ms X reported the boiler was leaking water in March 2020. The Council contacted Ms Y who arranged a repair. The Council reviewed the outstanding repairs needed at the property and contacted Ms Y. These included the broken bedroom window handle and a new issue with the bathroom light not working.
28. Ms Y asked the Council to carry out a joint visit because of her concerns about the condition of the property following her previous visit. The Council told Ms Y the repairs were urgent, and Ms Y confirmed she would investigate. This was the start of the COVID-19 pandemic so the Council advised it could not carry out a joint visit because of the restrictions in place. Ms Y emailed the Council to advise she was trying to arrange an electrician visit to the property.
29. The Council made a follow up call to Ms X in May 2020. Ms X advised of issues with the broken bedroom window handle, bathroom light not working, bathroom cold tap not working and the front door not locking correctly. The Council contacted Ms Y to arrange the repairs which could be carried out during COVID-19 because they were considered urgent. Ms X was reluctant to allow Ms Y to the property as she had no confidence Ms Y would resolve the issue. The Council advised Ms X to allow Ms Y to resolve the urgent repairs.
30. In July 2020 Ms X reported the items had been repaired but the front door handle was now completely broken. The Council contacted Ms Y about the front door lock and chased the repair several times. Ms Y completed the repair in August 2020.
31. Ms X reported issues of repair to the Council in August 2020. The Council arranged a joint inspection of the property with Ms Y. The inspector found the front door needed easing and the hall and lounge laminate flooring need replacing. The inspector reported the lounge window recently worked on had been replaced upside down and not securely in place, so needed correcting and sealing. The inspector said the kitchen windows need two new handles and one pane of glass replacing where a blown seal caused condensation. The inspector found a roof gully needed replacing with the connection to the soil pipe checking, rebuilding of three brick pillars in the garden and the fence panels replacing.
32. The Council sent the report to Ms Y needing the works carried out within six weeks (by 9 October 2020). The Council considered buying the property and carried out a joint visit with Ms Y to arrange a survey of the house.
33. In October 2020 Ms X reported an issue with the lounge window whereby a seal collapsed allowing rainwater in damaging her belongings. The Council contacted Ms Y and asked her to urgently repair and make the window watertight. Ms Y carried out the repair.
34. Ms X complained to the Council about outstanding repairs, the issue with the lounge window and damage to her belongings. The Council confirmed to Ms X it was pursuing the urgent repairs with Ms Y while the property purchase went through. The Council recorded Ms X was happy with what she was advised and so it closed the complaint.
35. The Council chased Ms Y to carry out the repairs several times. Ms Y told the Council she now did not wish to sell the property and intended to give notice to end the Council’s lease of the house. Ms Y said she was having difficulty getting the lounge window repaired. The Council reminded Ms Y the repair was urgent and a condition of the lease agreement she carried out repairs to the property.
36. Ms Y served the notice on the Council to end the lease. The Council serve notice on Ms X to end her tenancy on 6 December 2020. It advised Ms X it would support her to obtain suitable alternative housing.
37. The Council carried out a home visit to the property in October 2020. The inspector confirmed the lounge window needed replacing but legally Ms Y only needed to ensure it was secure. The Council arranged and carried out the window repair a few days later.
38. In November 2020 Ms X reported a piece of plaster from a bedroom ceiling had fallen. The Council contacted Ms Y to carry out the repairs. Ms Y alleged Ms X may have caused the damage and wanted the matter investigating. The Council arranged a joint visit with Ms Y. The inspector reported the damage was not tenant damage and needed repairing along with a leak in the roof. The Council reminded Ms Y of her responsibility to carry out repairs.
39. Ms Y agreed to carry out the repairs but reported her workmen had difficulty accessing the property. Ms Y asked the Council to quote for the ceiling repairs. In December 2020 Ms X reported more of the bedroom ceiling had fallen off. The Council arranged and carried out the ceiling repairs. Workmen also fitted new bedroom window handles. Ms X reported issues with her boiler in December 2020. The Council arranged and carried out a visit to check and repair the boiler.
40. The Council confirms that although there were some outstanding repairs at the property it remained habitable for Ms X and her family.

Ms X’s Housing situation

41. The Council confirms after it received the notice to end the lease of the property from Ms Y, it served a notice to quit on Ms X for 6 December 2020. The Council says under the lease agreement with Ms Y either party can end the agreement giving reasonable notice. The Council must hand the property back within the notice period with vacant possession. So, it serves notice on the tenant as soon as it can to allow it enough time to obtain possession of the property through the courts if needed.
42. Ms X applied to join the housing register on 30 October 2020 and made a homelessness application. The Council assessed Ms X’s applications and awarded her banding to reflect her situation. The Council accepted a housing duty towards Ms X as it could not prevent her becoming homeless. The Council offered Ms X the tenancy of a three bedroomed house. Ms X accepted the offer and the Council arranged for her to remain at Ms Y’s property for a few weeks until she could move into the new tenancy in January 2021.

My assessment

43. The documents provided by the Council show it has responded to Ms X’s complaints of disrepair at the property. It has acted as we would expect it to by reporting the issues to Ms Y and following up the repairs. It has carried out regular inspections and post tenancy interviews with Ms X to discuss any issues. The Council inspections consistently referred to the property and garden as being in satisfactory condition. So, it did not consider there were serious hazards at the property. More recently the Council has acknowledged some outstanding repairs at the property, but considers it was in a habitable condition for Ms X and her family. So, while there have been some outstanding repairs, I cannot say it amounts to fault by the Council. This is because the evidence supports actions taken by the Council to try and resolve matters for Ms X with Ms Y.
44. The evidence also shows the Council has acted on occasions to carry out some of the repairs needed such as emergency plumbing and electrical work . The Council has also responded more recently to carry out urgent repairs to the bedroom ceiling, bedroom and lounge windows, and boiler.
45. While Ms X may disagree with the Council’s view of the condition of the property the situation has now been resolved. This is because the Council has now offered Ms X the tenancy of a new house which she has accepted and moved to. Because of this I do not consider I can achieve anything more for Ms X through further investigation into her complaints of disrepair at her previous property. This is because she has been offered, accepted, and moved into new accommodation.
46. Ms X says she found it difficult to liaise between the Council and Ms Y. But the evidence does not support this. The documents show there has been plenty of contact between Ms X and the Council about her reported repairs. The documents refer to post tenancy interviews held with Ms X where she has been able to report any issues and discuss concerns. The Council documents show it has been in contact with Ms Y to report the issues raised by Ms X and to chase repairs when necessary.
47. Ms X refers to rainwater leaking through the lounge window damaging her belongings. While this is unfortunate, the damage to belongings is an issue Ms X needs to pursue directly with Ms Y, possibly through her insurers.
48. The Council explained it gives tenants notice to end their tenancy as soon as it can. This is because with the PSL scheme it is required to return the property with vacant possession to the landlord. By serving notice quickly on the tenant it allows the Council time to pursue matters through the courts if necessary, to end the tenancy. The decision on when to serve notice to a tenant one the Council is entitled to make. The situation has been resolved in Ms X’s case as the Council offered her a new tenancy as soon as it could. The Council also allowed Ms X more time to stay at the property until her the new accommodation was ready.
49. Ms X joined the housing register once she received the notice to quit the property. The Council awarded a banding to Ms X and she was quickly offered a new tenancy. So, again Ms X’s concerns have been resolved.

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Final decision

50. I am completing my investigation. I have found no evidence of fault by the Council in the way it addressed and remedied Ms X’s complaints of disrepair at her Private Sector Lease property.

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Parts of the complaint that I did not investigate

51. I have not exercised discretion to investigate matters before 2017. This is because Ms X has reported minor repair issues up to 2017 which are noted as being resolved. It was also open to Ms X to have raised any complaints about disrepair prior to 2017 and the Council’s failure to act on them to us before now. I consider the issues Ms X complains about happened too long ago for us to consider now.

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Investigator's decision on behalf of the Ombudsman