Summary: Miss F complained that the Council failed to make effective repairs to her temporary accommodation. We found fault as the Council delayed inspecting the property, missed an opportunity to review its suitability and failed to tell Miss F about her review rights. This caused distress to Miss F. The Council has agreed to pay her £500 and review the suitability of the property to remedy this injustice.

The complaint

1. Miss F complains that the Council has failed to make effective repairs to her temporary accommodation since July 2022. She says as a result the property is not fit to live in and this has caused her significant distress, affecting her physical health.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)

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How I considered this complaint

5. I considered the information Miss F sent and the Council’s response to my enquiries.
6. Miss F 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

Relevant law and guidance

Temporary accommodation

7. If a council is satisfied someone is eligible, homeless, in priority need, and unintentionally homeless it will owe them the main housing duty. Usually a council will then arrange temporary accommodation for the person until it makes a suitable offer of social housing or privately rented accommodation. (Housing Act 1996, section 193)

Suitability of accommodation and reviews

8. 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 Homelessness Code of Guidance 17.2)
9. The council must therefore consider if the accommodation is:
• affordable
• in good enough condition
• available in a suitable location
• the right size
• suitable for any health issues or disabilities.
10. Section 7.8 of the Homelessness Code says councils have a continuing obligation to keep the suitability of accommodation under review, and to respond to any relevant change in circumstances which may affect suitability, until such time as the accommodation duty is brought to an end.
11. Anyone who believes their temporary accommodation is unsuitable can ask the council to review the accommodation’s suitability within 21 days of the Council accepting the main housing duty. (Housing Act 1996, section 202)
12. A review about the suitability of accommodation must be completed within eight weeks of the review request. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19)
13. If the council’s review decides the accommodation is unsuitable, the council must provide suitable accommodation. (Housing Act 1996, section 204)
14. The person has a right to appeal the Council’s review decision to the county court on a point of law. (Housing Act 1996, section 204)
15. We expect people to use their review and appeal rights and therefore we usually do not investigate when someone has these rights. However, we may exercise discretion to investigate in exceptional cases. For instance, where the Council has failed to inform someone of their right to seek a review.

Hazards and disrepair

16. The legal duty lies with the Council to ensure the 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.
17. Accommodation is not suitable if it falls below certain minimum standards. The Homelessness Code of Guidance recommends that any accommodation should, as a minimum, be free of “Category One” hazards assessed under the Housing Health and Safety Rating system. A category one hazard is a hazard that poses a serious threat to someone’s health or safety, such as exposed wiring.
18. 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.
19. Enforcement action includes serving an improvement notice which instructs the owner 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.
20. In relation to disrepair, in the first instance, occupiers are expected to report any defects to the landlord or managing agent.
21. Councils should have an agreement with the landlord or agent which sets out the minimum property standards and timescales to deal with responsive repairs, including loss of heating or hot water supply.
22. 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.
23. 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.
24. If there is significant disrepair which requires major remedial works, the Council should consider whether the applicant can continue to occupy the accommodation. In these circumstances, we would expect an officer from the accommodation team to arrange a joint inspection with the landlord or managing agent’s representative to assess the condition of the property and whether the applicant and their household need to be rehoused.

What happened

25. Miss F has three children. In September 2021, the Council accepted it owed the family the main housing duty. It placed them in temporary accommodation on 28 June 2022.
26. There is no evidence that the Council sent Miss F a letter setting out her rights to ask for a review of the suitability of the temporary accommodation. Nor have I seen evidence that the Council satisfied itself that the temporary accommodation met the statutory standards before it placed Miss F there.
27. Miss F told me she had been reporting problems with the accommodation since she moved in, but I have not seen evidence of these reports to the Council or of any actions the Council took.
28. On 10 May 2023, Miss F called and emailed the Council. She said there were continuing problems since she moved in with a leak in the roof and the boiler, which had been repaired seven times and had not been working for four days. Miss F told the Council that the contractor had said there was no way to fix the issue as the landlord did not want to change the boiler. She said there was water everywhere in the kitchen, toilet and landing because of the leak. She had no hot water and had to take her children to friends’ homes to shower. This was causing her significant distress and upset.
29. The Council contacted the letting agent and asked for a plan of repairs. The boiler was fixed that day but other repairs were needed to the roof and floor. Miss F contacted the Council again on 25 May. She said no works had been carried out. The agent said it had not been able to contact Miss F to arrange repairs. It would visit on 29 May.
30. That night a cupboard ceiling collapsed. The fire service told the Council on 26 May that the family could not go back to the property as it was dangerous. The Council’s placement team was asked to find new accommodation. I have not seen the outcome of this request, but Miss F remained in the property.
31. The Council contacted the agent on 2 June, who said they had sent a builder but Miss F had not been in. They would go again on 4 June.
32. Miss F complained to the Council. The Council’s first response, on 27 June, said Miss F had to allow the builders access to make repairs and the Council considered the repairs could be done whilst she was living at the property. I have not seen any evidence as to how the Council reached that decision as there is no evidence the Council had inspected the property or considered what repairs were necessary. Miss F remained dissatisfied and escalated her complaint.
33. The agent told the Council on 28 July that internal repairs to the ceiling and walls had now been completed.
34. The Council’s final complaint response on 31 July said the repairs had been completed. It said Miss F could ask for a review of the suitability of her accommodation and gave advice as to how she could find other accommodation. Miss F came to the Ombudsman.
35. The Council inspected the property on 9 August. The inspector emailed the agent on 22 August saying:

“Property suffers from leak caused by ongoing roof problem and my understanding following this visit is that the roof is still not repaired and several attempts to fix the internal damages caused by the leak has not worked. Any internal repair work is always going to be futile without fixing the source of problem first, which is the roof. Water is leaking onto the boiler in the kitchen when it rains, which could be a serious electrical hazard. I am aware that [the agent’s] intention is to move the tenant to another TA so repairs can be conducted. Could you please help to facilitate this at earliest convenience and put any offer of another TA through our placement team so they can make the offer formal and reduce any risk of property being rejected for unreasonable reasons. As previously advised, lack of prompt action on this case may result in rent being stopped on this property, considering the tenant has presented us evidence showing this is an ongoing issue of over a year.”

36. I have not seen any evidence that Miss F has moved to a different property or that further repairs have been started.
37. Miss F told us the leak in the property was very serious and the power went off when it rained. The leak was inside the boiler, in the kitchen, bathroom and hallway. She was concerned about her children’s health and wellbeing and was extremely stressed by the situation. In November she reported the boiler had broken again.

My findings

38. When a council places a homeless family in temporary accommodation, it should be satisfied that the property is suitable. This includes that it is in a suitable condition and free of category one hazards. I have not seen any evidence that Council had inspected the property prior to Miss F moving in in July 2022. Miss F says she has been reporting problems with the roof leak since then, but I have seen no records of those reports or of any actions the Council took. So, I do not have enough evidence to make a finding of maladministration in relation to repairs from July 2022 to May 2023.
39. The Council has sent me a letter it issued to Miss F in September 2022 with details of the temporary accommodation and rent. This letter gives no information about her right to request a review of the suitability of the accommodation. I have therefore seen no evidence that the Council advised Miss F of her rights to a suitability review until its complaint response in July 2023. This is fault.
40. The Council should have advised Miss F of these rights when she moved into the property in July 2022. She then would have had 21 days to request a review if she considered the condition of the property made it unsuitable. The review would have had to be completed within eight weeks. So, if there had been no fault, Miss F would have known by October 2022 whether the Council considered the property suitable. That she did not causes her uncertainty and distress, which is an injustice.
41. When repairs are needed, occupiers should report this to the agent or landlord. But if repairs are not made or the problem continues, they may contact the Council. We would expect the Council to pursue the matter with the agent, get details of repairs made and to inspect the property if necessary. The Council should also determine if the property is habitable whilst repairs are underway and review whether it is in suitable condition.
42. When Miss F reported leaks and a broken boiler to the Council in May 2023, I have seen that it contacted the agent and chased to ensure repairs were being made. When the ceiling collapsed on 26 May, officers asked the placement team to look for another property. These are actions we would expect.
43. However, when the fire service said the property was not habitable on 26 May I consider that the Council missed an opportunity to review its suitability in terms of the standard of the accommodation and hazards, or to inspect the property. The Council should have followed this up, but it did not inspect until August 2023, which was after it had advised Miss F that the repairs had been completed. I have seen no evidence that the agent provided suitable records showing the boiler or roof had been repaired acceptably. I therefore find fault as the Council delayed acting on reports of persistent or significant disrepair in temporary accommodation.
44. Miss F says the property is unsuitable and not fit to live in. To be suitable the accommodation must be free from category one hazards. This is not something the Ombudsman can determine. The Council inspector’s report, whilst highlighting risks and recommending repairs to the roof, does not say whether the deficiencies found were a category one hazard or whether it would be possible for Miss F to live there whilst repairs were underway.
45. I am therefore not able to say that the Miss F has been living in unsuitable accommodation or that the Council should have re-housed her. However, she has been caused significant distress and uncertainty about what action, if any, the Council could have taken earlier to ensure repairs were carried out to a satisfactory level and whether her accommodation was suitable.
46. When we have evidence of fault causing injustice, we will seek a remedy for that injustice which aims to put the complainant back in the position they would have been in if nothing had gone wrong. When this is not possible, we will normally consider asking for a symbolic payment to acknowledge the avoidable distress caused. But our remedies are not intended to be punitive and we do not award compensation in the way that a court might. Our guidance on remedies says a moderate, symbolic payment up to £500 may be suitable to remedy distress and uncertainty caused by fault.
47. The Council should now carry out a suitability review of Miss F’s temporary accommodation. If this finds the property is unsuitable, Miss F may come back to us to consider if there is any further injustice to be remedied.

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Agreed action

48. Within a month of my final decision, the Council has agreed to:
• Pay Miss F £500 to remedy the distress caused by delay in inspecting the property and reviewing its suitability.
• Carry out a suitability review of Miss F’s temporary accommodation.
49. The Council should provide us with evidence it has complied with the above actions.

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Final decision

50. There was fault by the Council. The actions the Council has agreed to take remedy the injustice caused. I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman