Summary: Ms A complains the Council did not provide suitable accommodation when her property flooded and did not replace the belongings that were damaged in the flood. This caused her to pay for a hotel and replace her items. The Ombudsman does not find fault with the Council for how it investigated its duty to provide accommodation or for how it communicated with Ms A about the repairs and her belongings.

The complaint

1. Ms A complains the Council failed to provide her with temporary accommodation when her council accommodation was subject to a leak.
2. Ms A complains she was forced to pay for a hotel and to replace her belongings at her own expense due to the Council’s failure to recognise the damage caused by the leak.

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The Ombudsman’s role and powers

3. 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)
4. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. 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

6. I considered Ms A’s complaint and information she provided. I also considered information from the Council. I also considered comments from Ms A and the Council on a draft of my decision.

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What I found

Legislation

The Housing Health and Safety Rating System (HHSRS)

7. Councils have powers under the Housing Health and Safety Rating System (England) Regulations 2005 (‘the Regulations’) to take enforcement action against private landlords where it has identified a hazard which puts the health and safety of the tenant at risk.
8. The Government has issued HHSRS operating guidance and enforcement guidance (‘the guidance’). Councils must inspect properties to determine whether there are any serious (category 1) or less serious (category 2) hazards. Using the method prescribed by the Regulations and having regard to the guidance, they assess the severity of the risks associated with any hazards in or at the premises.
9. 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.
10. 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.

What happened

11. Ms A lived in temporary accommodation provided by the Council. On 14th January 2021 Ms A noticed a leak in her accommodation.
12. On 16th January, Ms A noticed the leak had become worse and was flooding her flat. Ms A told the Council of the leak.
13. On the same day, Ms A’s landlord attended the flat with engineers and identified the source of the leak. The landlord agreed to fix the leak and replace the shower and carpets of the flat.
14. Ms A’s landlord also agreed to place Ms A and her children in a hotel, at first for one night.
15. Ms A spoke to the Council about the leak and continuing repairs. Ms A agreed to take the offer of a hotel from her landlord.
16. The Council remained in contact with Ms A. It also spoke with Ms A’s landlord about the continuing repairs.
17. After two days, Ms A’s landlord reported he had fixed the leak and installed new carpets in the hallway and bedroom, therefore Ms A could return to the property.
18. Ms A returned to the property and said the toilet was not working, and there were no beds for them to sleep on. This would mean they would have to sleep on mattresses on wet carpet. Ms A said she needed further accommodation, but her landlord and the Council refused this. Ms A paid to stay in a local hotel.
19. New beds arrived for Ms A and her children the next day and she moved back into the flat.
20. Ms A complained to the Council for not providing her emergency accommodation, and for failing to replace the items that were damaged in the flood. Ms A sent photos to the Council of the damage to the flat. She also sent receipts to the Council for new clothes and items for herself and her children.
21. The Council said it would not refund Ms A for the extra hotel costs as it had not found evidence of the toilet not working. The Council also directed Ms A to make a claim for the damaged items with the management company of the flat.
22. Ms A remained unhappy with the Council’s response and sought support from a charity. The charity wrote to the Council the Council had not fulfilled its duty to provide Ms A and her children with suitable accommodation. It also said the Council had a responsibility to Ms A’s belongings.
23. Ms A remained unhappy and complained to the Ombudsman.

Analysis

Duty of accommodation

24. Council records show that Ms A told the Council of the leak on 16th January 2021. Officers immediately contacted Ms A’s landlord to find out what repairs the landlord needed to make and whether Ms A needed to be relocated.
25. During the investigation by the Council, Ms A’s landlord offered to provide hotel accommodation for one night.
26. The Council remained in contact with Ms A’s landlord about the issues and continuing repairs. Ms A accepted the offer of a hotel from her landlord before the Council could conclude its investigation, meaning the Council did not need to investigate whether Ms A would need alternative accommodation as the issue was resolved.
27. I am satisfied the Council started an investigation into whether Ms A needed alternative accommodation in a timely manner. Ms A’s landlord provided accommodation which she accepted before the Council had finished its investigation. Therefore, it did not continue its investigation. This was reasonable action for the Council to take and I do not find fault with how the Council acted.

Repayment for additional hotel costs

28. On the second day, the landlord reported the repairs were complete and new carpets had been installed. The Council were satisfied the flat was habitable for Ms A.
29. Ms A says she had to pay for a second night in the hotel as the flat was uninhabitable. She said the toilet did not work, the carpets were wet and there were no beds.
30. The Council sent a plumber to the property the next day and were satisfied the toilet was working. Councils are not usually responsible for beds or carpet, and these are not reasons the Council would find a property uninhabitable.
31. The Council’s decision not to repay Ms A for the second night in a hotel was a decision the Council was entitled to make. I am satisfied the Council considered all the information when making the decision. It sent a plumber to determine any further problems with the flat and considered the feedback provided by Ms A, the plumber and the landlord. I therefore cannot find fault with the Council for how it reached the decision.

Liability for belongings

32. Ms A says that lots of hers and her children’s belongings were destroyed by the flood. She bought replacement items and sent these receipts to the Council.
33. Ms A says the Council agreed to pay for the replacement items.
34. The Council advised Ms A to submit a claim with the management company of the flat to claim back costs.
35. I consider this to be a reasonable action by the Council. The Ombudsman cannot decide liability, this is a matter for the courts. I have seen no evidence the Council agreed to provide replacement items. Therefore, directing Ms A to submit an insurance claim was the suitable action to take. I find no fault with how the Council handled this part of Ms A’s complaint.

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Final decision

36. I have now completed my investigation. I find no fault by the Council. This is because the issue was resolved before the Council could conclude its investigation. I am satisfied the Council took reasonable steps to ensure problems were resolved and gave suitable information to Ms A.

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Investigator's decision on behalf of the Ombudsman