Summary: Miss X complained about how the Council handled her homelessness after she received an eviction notice in 2024. The Council was at fault. It failed to take steps to alleviate her risk of homelessness and delayed moving her to interim accommodation. This meant Miss X remained in a property at risk of eviction and homelessness for longer than necessary. The Council agreed to apologise and make a payment to Miss X to recognise the distress and uncertainty this caused.

The complaint

1. Miss X complained the Council failed to take steps to move her to alternative accommodation to prevent her becoming homeless after her landlord issued her with a Section 21 eviction notice in June 2024.
2. Miss X said her eviction date was set for March 2025 and the lack of help from the Council caused her distress and uncertainty.

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The Ombudsman’s role and powers

3. 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)
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 evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
8. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5).
9. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188).
10. Examples of applicants in priority need are:
• people with dependent children;
• people who are vulnerable due to serious health problems, disability or old age
11. The Code states where an applicant has been served a Section 21 notice of eviction then it is unlikely to be reasonable for the applicant to continue to occupy beyond the expiry of a valid section 21 notice, unless the council is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation for a reasonable period to provide an opportunity for alternative accommodation to be found.
12. The Code further states it is highly unlikely to be reasonable for the applicant to continue to occupy beyond the date on which the court has ordered them to leave the property and give possession to the landlord. It states it is not reasonable for an applicant to remain in occupation up until the point at which a court issues a warrant or writ to enforce an order for possession.

What happened

13. Miss X lived in private rented accommodation with her two young children and some pets including a dog. In June 2024 Miss X presented herself to the Council as homeless as her landlord had served her with a Section 21 eviction notice. The Council closed Miss X’s homeless approach because it said she has a legal right to stay in her home until the landlord issues both a possession order and a bailiff’s warrant. It told Miss X not to leave the property until the landlord issued those notices.
14. In July 2024 Miss X submitted a new homelessness application.
15. Miss X complained to the Council about its lack of assistance. The Council responded and said her landlord must follow the eviction process to obtain a possession order and warrant. Once the landlord has completed that process the Council would look to provide temporary accommodation. It said there were a shortage or properties that accept pets. The Council told Miss X to look for private rented properties.
16. Miss X escalated her complaint to stage two of the complaints process. She said a housing officer was due to meet with her on an online meeting but did not turn up.
17. In August 2024 Miss X’s landlord contacted the Council about the matter explaining they were selling the property Miss X is living in and asked it to find her alternative accommodation. The landlord said it was not reasonable for Miss X to remain in the property until an eviction date.
18. The Council responded to the landlord stating it advises applicants not to move out of properties until an alternative property is found or the landlord has obtained a possession order. The Council cited housing shortages as the main reason.
19. The Council responded to Miss X at stage two of the complaints procedure in August 2024. It apologised the housing officer did not attend the arranged meeting. It reiterated that Miss X should look for private rented housing and that the Council may be able to help with a deposit and rent advance.
20. In October 2024 Miss X said she received a letter explaining her housing case was closed with no explanation. Miss X told the Council her landlord had now gone to court to obtain a possession order.
21. Between October and November records show a housing officer was in contact with Miss X. The housing officer said it would explore whether Miss X qualified for a rent and deposit advance and would provide referrals to housing groups. The housing officer said they would arrange a time to discuss this. There is no evidence any of this took place.
22. Miss X’s landlord obtained a possession order in November 2024. Miss X provided a copy to the Council. Miss X submitted as third homelessness application explaining her eviction was set for the end of December at which point she would be homeless.
23. Miss X remained unhappy and complained to us.
24. Following her complaint to us Miss X told us she remained in her property and the court issued a bailiff’s warrant for her eviction to take place at the start of March 2025.
25. The Council found Miss X interim accommodation and moved her into this the day before eviction was due to take place. The Council told us it was now looking to find Miss X temporary accommodation.

My findings

26. Miss X’s landlord served her with a Section 21 eviction notice in June 2024 at which point she was threatened with homelessness and so the Council’s prevention duty began. There is no evidence it formally accepted any housing duty at the time. This was fault. The Council should have written to Ms X setting out that it owed her the prevention duty and then taken reasonable steps to help her either remain in her current accommodation or to secure alternative accommodation. The Council should have worked with Ms X to prepare a PHP. Instead, it closed the case and expected Miss X to wait until she was issued with a possession order and bailiff’s warrant.
27. Once the s21 notice expired the Council should have considered whether it owed Ms X the relief duty. The failure to do so was fault and was not in line with the Code of Guidance. Although Miss X was able to remain in her property this caused her frustration and uncertainty.
28. The landlord obtained a possession order in November 2024 at which point the Council owed Miss X the relief duty and it should have considered at this point what action it needed to take to alleviate her homelessness. Not doing so was fault. The Code states it is not reasonable for someone to stay in a property until they are evicted. The evidence on balance shows it was not reasonable for Miss X to remain in the property given the landlord had obtained an order for possession and was insistent that the eviction would be going ahead. The Council should have considered at this point whether it was appropriate to offer her interim accommodation. Its failure to consider this and record its reasoning was fault. This caused a delay in alleviating Miss X’s homelessness.
29. There are recordings of the Council’s housing officer offering to look into rent and deposit advances and referrals to housing charities. There is no evidence the housing officer took this forward which was fault and caused Miss X further distress and frustration.
30. The relief duty lasts for 56 days. Had the Council accepted the relief duty at the correct time it would have made a main housing decision by early January 2025 and likely offered Miss X temporary accommodation. The failure to reach a decision on whether it owed Miss X the main homelessness duty was fault. The Council’s repeated failure to make the correct decisions on her homelessness at the right times caused her distress and uncertainty over what duties she was owed. It also denied her review and appeal rights.
31. The Council appears to have an approach in not offering interim accommodation or considering what homelessness duty it owes until the point an applicant is issued with a bailiff’s warrant for eviction. This is not in line with the Code and is fault. This has caused Miss X distress and uncertainty.

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Action

32. Within one month of the final decision the Council agreed to take the following action.
1. Apologise to Miss X and pay her £800 to recognise the frustration and uncertainty caused to her by the lack of support towards her homelessness, its failure to properly consider what duties she was owed and the delay in moving her to interim accommodation. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Remind officers of the importance of notifying homelessness applicants of the correct homelessness duty and ensuring the Council accepts and ends the correct duties at relevant times.
3. Review its procedures around how it deals with homelessness applicants who have been issued with a Section 21 eviction notice so its approach is in line with the Homelessness Code of Guidance and the correct homelessness duty is considered at the time. It should ensure applicants are not required to stay in accommodation until a warrant for eviction is issued.
33. The Council should provide us with evidence it has complied with the above actions.

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Decision

34. I find fault causing injustice and the Council agreed to my recommendations to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman