• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Action
• Decision

The Ombudsman's final decision:

Summary: Ms X complained on behalf of Ms Y about the Council’s handling of her homelessness application. Ms X says the Council told Ms Y to stay in her property after receiving a Section 21 Notice until she was evicted and did not provide interim accommodation. Ms X says the Council provided unsuitable interim accommodation to Ms Y after she was evicted from her property. Ms X also says the Council offered Ms Y accommodation and then withdrew the offer. Ms X says this caused Ms Y and her family distress and financial losses. We find fault in the actions of the Council for its handling of Ms Y’s homelessness application and for not providing suitable accommodation to Ms Y. We recommend the Council writes to Ms Y to apologise, pays her a financial payment and completes service improvements.

The complaint

1. Ms X complained on behalf of Ms Y about the Council’s handling of her homelessness application. Ms X says the Council told Ms Y to stay in her property after receiving a Section 21 Notice until she was evicted and did not provide interim accommodation. Ms X says the Council provided unsuitable interim accommodation to Ms Y after she was evicted from her property. Ms X also says the Council offered Ms Y accommodation and then withdrew the offer.
2. Ms X says this caused Ms Y and her family distress and financial losses.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this report, we 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. We refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. When considering complaints, 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. 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

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
7. Ms X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

Relevant law and guidance

Homelessness

8. 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.

Duty to make enquiries

9. Where the council has reason to believe an applicant may be homeless or threatened with homelessness, it should make enquiries to enable it to decide if they are eligible for assistance and, if so, what duty it owes them. (Housing Act 1996, section 184)

Prevention duty

10. If a council is satisfied applicants are threatened with homelessness and eligible for assistance, they owe the applicant the ‘prevention duty’. This means the council must help the person to ensure that accommodation does not stop being available for their occupation.
11. Section 175(5) of the Housing Act 1996 says a person is threatened with homelessness if a valid notice under section 21 of the Housing Act 1988 has been served in relation to the only accommodation available for them to occupy and this will expire within 56 days.
12. The Code, at paragraphs 6.35 to 6.38, says:

• it is unlikely to be reasonable for the applicant to continue to occupy their accommodation beyond the expiry of a section 21 notice, unless the housing authority is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation whilst an alternative is found;
• 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;
• councils should not consider it reasonable for an applicant to remain in occupation up to the point at which the court issues a warrant or writ to enforce an order for possession;
• councils should ensure that homeless families and vulnerable individuals who are owed an interim accommodation or main housing duty are not evicted through the enforcement of an order for possession as a result of failure by the council to make suitable accommodation available to them.

Relief duty

13. If a council is satisfied an applicant is eligible for assistance and homeless then the council will owe the ‘relief duty’. This requires the council to take reasonable steps to help to secure suitable accommodation for any eligible homeless person for at least six months. The relief duty usually lasts for 56 days.
14. After this period, the council should decide whether it owes the applicant the main housing duty. It will owe the main housing duty if it is satisfied the applicant is eligible for assistance, in priority need and not intentionally homeless.

Interim accommodation

15. If the council has reason to believe the applicant may be homeless, eligible for assistance and in priority need, it must provide interim accommodation until it has finished assessing the homelessness application if the applicant asks for it. “Reason to believe” is a low threshold. An example of priority need is those applicants who are vulnerable because they are elderly or as a result of a significant health issue.
16. When a council accepts a main housing duty, interim accommodation becomes temporary accommodation. In both cases, the accommodation should be suitable for the household. However, there is a statutory right to a review of the suitability of temporary accommodation, but no such right for interim accommodation.

Eviction from private rented sector (PRS) accommodation

17. Where a tenant has an assured shorthold tenancy, the landlord can issue a section 21 notice asking the tenant to leave. They do not have to give reasons, but the notice needs to be in a specific form and must satisfy various conditions.
18. In some cases, the landlord can evict without a court hearing – this is called “accelerated possession”. They do need to apply to the court and the tenant can challenge the application. The court will look at the papers and either:

• issue a “possession order” – this sets a date at which the tenant has to leave; or
• set a date for a possession hearing; or
• dismiss the case.

19. If the tenant does not leave the property by the date given in the possession order, the landlord can apply for a “warrant for possession”. If the court issues a warrant, it will send the tenant an eviction notice with the date they must leave the property by. A bailiff can evict the tenant if they do not leave by that date.

What happened

20. Ms Y contacted the Council in early June 2023 to say she had received a Section 21 notice from her PRS landlord giving her notice on her property. The Council contacted Ms Y’s landlord to check if they had issued the notice and to offer financial assistance to stop Ms Y becoming homeless.
21. Ms Y’s landlord responded to the Council in mid-June 2023 to say they wanted the property back.
22. The Council completed a housing assessment with Ms Y in early August 2023 and accepted the prevention duty. The Council also issued Ms Y with a Personalised Housing Plan (PHP).
23. The Council emailed Ms Y in mid-August 2023 and said she had the legal right to remain in her property until the point her landlord progressed to a possession order and then bailiff warrant.
24. Ms Y email the Council in early October 2023 to say she was struggling to find PRS accommodation as many did not accept people on Universal Credit and she had no guarantor. The Council responded to say it could offer assistance with a guarantor.
25. Ms Y also contacted the Council again in early October to say she was worried about facing costs for failing to leave her property.
26. The Council emailed Ms Y in mid-October 2023 to say it understood she had now received a possession order and again told Ms X she could remain in her property.
27. Ms Y received a notice to leave the property in late November 2023. This said she had to leave by the end of January 2024.
28. Ms Y contacted the Council in early March 2024 to say she had received a letter saying the landlord was proceeding with the possession of the property.
29. The Court granted Ms Y’s landlord a possession order for the end of March 2024. The Council emailed Ms Y in mid-March 2024 to say again she had the right to remain in the property until her landlord issued a Bailiff warrant. The Council asked Ms Y to keep it updated with the correspondence she received.
30. Ms Y emailed the Council in late March 2024 to say she felt concerned about what would happen when her landlord evicted her with getting her children to school and the court costs she would incur. The Council responded to say it could not help with court fees and it would provide emergency accommodation which would consider the children’s schooling and work etc.
31. Ms Y received an eviction notice in late April 2024 and the Council added her to the temporary accommodation list.
32. Ms Y contacted the Council in mid-May 2024 to say she felt worried about what would happen when the eviction notice ended the following week.
33. The Council issued Ms Y with interim accommodation in late May 2024 which was outside the area. Ms Y contacted the Council shortly after it allocated her the accommodation to ask for a property closer to her children’s school and partners work. The Council told Ms X to speak to social care about help with transport to school and advised her partner to speak to work about changing shift patterns.
34. Ms Y contacted the Council again in late May to say she was grateful for the accommodation provided but was struggling with the location. The Council advised there was no other properties available.
35. The Council accepted the relief duty in late May 2024.
36. Ms Y’s daughters school emailed the Council in mid-June to ask if there was a clear timetable for the family to move. The school said Ms Y’s daughter had an Education, Health and Care (EHC) Plan naming it. The Council said there was no clear timetable for when it could move the family.
37. Ms Y contacted the Council in late June to say the family were struggling with the accommodation she had been given. The Council responded to say there were long wait times for accommodation.
38. Ms Y contacted her local Councillor for help who then contacted the Council. Ms Y’s Councillor explained the location of the property provided to Ms Y was unsuitable because of work commitments and her daughters school. The Councillor also said Ms Y was incurring extra costs for the laundrette, storage and travel to the nearest supermarket.
39. The Council responded to Ms Y’s Councillor in early July to say there was no right of review for interim accommodation and confirmed it had no other accommodation available.
40. The Council discussed a potential property with Ms Y in mid-July 2024 and told Ms Y it would put her forward for the property.
41. The Council accepted the main housing duty in early August 2024 and moved Ms Y to a property in area shortly after.
42. Ms X raised a complaint on behalf of Ms Y in early September 2024. She said Ms Y was unhappy she had been told to remain in her PRS property which had led to Court costs of £434.50. The complaint also said Ms Y was unhappy with the suitability of the location of the accommodation the Council provided and the costs of extra travel and storage. Ms X also complained about the Council’s lack of updates and a viewing which it offered to Ms Y but cancelled while she was on route.
43. The Council issued a response to the complaint in mid-September 2024. It said the family had now been rehoused but no other accommodation was available at the time of placing Ms Y in the interim accommodation. The Council also said it would consider re-imbursing the Court costs if Ms Y had paid them.
44. Ms X asked for Ms Y’s complaint to be escalated to stage two in early October 2024.
45. The Council issued a final response at the end of October 2024 which said the interim accommodation offered was all that was available and given the identified needs of the family it was a more suitable option. The Council said it may have provided storage of belongings had Ms Y requested it, but this would have been at a cost to her. The Council also said it would reimburse court costs if it was pursued by the landlord. The Council confirmed it was not liable for the bus fare costs Ms Y incurred.

Analysis

Eviction from PRS accommodation

46. Ms Y told the Council in June 2023 she had received a section 21 notice.
47. The Council told Ms Y she had the right to remain in the property until the Court issued a Bailiffs warrant.
48. The Code says it is unlikely to be considered reasonable for a tenant to occupy a property beyond the expiry of a section 21 notice. It also says it is highly unlikely to be considered reasonable for a tenant to occupy beyond the point at which a Court orders possession of the property.
49. Here the Council advised Ms Y to stay in the property to the point at which the Court issued a Bailiff warrant. This is fault.
50. Ms Y has clearly been caused distress at this approach as she contacted the Council on several occasions to say she was worried what would happen when she was evicted from her property.
51. Ms Y has also incurred Court costs of £434.50 which she would not have been liable for had she left the property at an earlier date. The Council has said it would re-imburse the Court costs if Ms Y paid them. However, Ms Y should not have to pay these costs and claim them back.

Suitability of accommodation

52. The Council has said it placed Ms Y in the accommodation it assessed as most suitable. It accepted it was not ideal but says there was nothing else available to meet the family’s needs. The Council says the only alternative was B&B accommodation which would not have provided individual cooking facilities etc.
53. While I appreciate the approach the Council says it took to reach this decision, there is no evidence to show how it considered Ms Y’s individual circumstances. I have not been able to see how the Council considered the family did not have its own transport. Or how this would affect work commitments and how Ms Y’s child would get to the school named in their EHC Plan. This is fault.
54. I therefore cannot say the accommodation provided to Ms Y was suitable as I have not been able to see how the Council reached its decision or how the Council considered Ms Y’s individual circumstances.
55. I do accept after the Council provided Ms Y with interim accommodation it continued to search for accommodation within its area and moved Ms Y when it was able to. I also note Ms Y was not unhappy with the accommodation the Council provided but was unhappy with the location and additional costs she had to incur.

Viewing of property

56. Ms X complained on behalf of Ms Y the Council offered her a viewing on a potential property but this was withdrawn during Ms Y’s journey to view it. Ms X says Ms Y incurred costs to attend the viewing which was cancelled.
57. The Council said in its original response to enquiries it made an appointment to view a property, but the provider then withdrew the property. The Council said this is not uncommon. However, the Council issued a further response saying viewings are not offered and the only offer made to Ms Y was the property she accepted in August 2024.
58. The Council’s notes refer to a conversation with Ms Y in July 2024 about being put forward for a potential property.
59. The information provided is contradictory. However, the Council initially said a viewing had been arranged and then cancelled which matches the information provided by Ms Y.
60. I cannot hold the Council responsible for a third-party withdrawing a potential offer. However, I have not been able to see what information it provided to Ms Y about viewing a potential property. Nor can I see she was advised it could be withdrawn before she viewed it. This is fault and denied Ms Y the opportunity to make a choice about incurring costs travelling.

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Action

61. Within one month of a final decision, the Council should:

• Write to Ms Y to apologise for the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Ms Y £500 to recognise the distress and uncertainty caused by the faults identified.
• Pay Ms Y £500 in recognition of the unsuitable accommodation provided to her.
• Write to Ms Y to confirm the Council will pay the £434.50 of Court fees to the Court should she be chased for these.
• In writing, remind officers to consider Section 6.35 - 6.38 of the Homelessness Code of Guidance for Local Authorities in cases involving a Section 21 notice.
• In writing, remind officers of the need to properly record how decisions are reached regarding the suitability of interim accommodation.

62. The Council should provide us with evidence it has complied with the above actions.

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Decision

63. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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