Summary: Ms D complains the Council failed to clarify if it had inspected her temporary accommodation and was aware of repairs needed to it. I have found fault by the Council because it did not properly explain about the inspections at the property to Ms D leaving her uncertain about what had happened. I have asked the Council to apologise to Ms D.

The complaint

1. The complainant (whom I refer to as Ms D) says the Council failed to clarify whether it carried out a void inspection of her temporary accommodation before she occupied it in October 2024. Ms D says the property was let to her with repairs needed to the bathroom. She says the repairs did not resolve issues and tiles subsequently fell off the wall.

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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 future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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(1), as amended)

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What I have and have not investigated

4. Ms D in her complaint to the Ombudsman refers to a range of issues with her home including the shared garden, moth infestation, disrepair in the hallway and an issue with wardrobes. Those matters were not part of her formal complaint to the Council which focussed on the bathroom. Ms D would need to complain about these additional points to the Council before she can bring them to the Ombudsman to consider.
5. Ms D also refers to her child being injured by the tiles which fell off the bathroom wall. This would be a claim of negligence causing a personal injury. Negligence is a matter for the courts to determine rather than the Ombudsman.
6. I have looked at what happened in 2024 through to March 2025 when the case was referred to our Assessment Team.

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How I considered this complaint

7. I considered evidence provided by Ms D and the Council as well as relevant law, policy and guidance.
8. I shared my draft decision with both parties and considered their comments.

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What I found

What happened

9. On 30 September 2024 the property management agent (responsible for letting the property) inspected the empty home and completed an inspection checklist. No repairs were noted as being required including the bathroom. The property was found to be in good condition throughout.
10. On 1 October the Council offered Ms D the property as temporary accommodation. Ms D accepted the tenancy and moved in. On 10 October the Council carried out an occupancy check at the property. The Officer filled out a tenancy management visit form including a section on the condition of the property. They found all the internal property was in good condition including the bathroom.
11. On 30 October Ms D complained to the Council. She said there was disrepair in the bathroom including tiles missing grout, cracked tiles, a small hole near the washbasin floor, sealant missing around the bath and a damaged window seal. She asked if the Council had inspected the property before letting it and she wanted the bathroom repaired and modernised. The Council carried out a property inspection on 15 November. The Officer filled out a report and took photographs. They found grout around four tiles in the bathroom needed replaced and sealant around the bath required a repair. They also noted the bathroom was tired compared to the rest of the property but was satisfactory. They recommended a bathroom overhaul and the wall tiles be upgraded. The Council forwarded this to the property management agent for repairs to be carried out.
12. On 21 November the Council replied to the complaint. It confirmed the property inspection had found some repairs were needed but the bathroom was functional. It did not say whether a void inspection had taken place. On 1 December Ms D requested the Council escalate her complaint. She still did not know if there had been a void inspection. The Council had failed to refer to the hole in the bathroom floor or give dates for the repairs. The Council replied on 10 January 2025. It said there had been a routine inspection before Ms D moved in but enclosed a copy of the November 2024 inspection report. The hole in the floor had been reported to the property management agent to repair. All repairs should be completed by 15 January.
13. On 28 January Ms D told the Council some tiles had fallen off the bathroom wall. I understand there was a property inspection the next day and repairs were offered. I have no note of this action. Ms D was not satisfied with patch repairs and the property management agent subsequently agreed to replace the bathroom wall covering. Those works were completed by 11 March.

What should have happened

14. A council should be satisfied that temporary accommodation is suitable (including in a reasonable state of repair) before placing a homelessness applicant in the property.
15. The Council does not inspect all temporary accommodation properties it procures at short notice (on an emergency basis). However the property management company which lets the accommodation to the Council does offer them as ready to inhabit. In this case the property management agent does check empty properties before they are offered to the Council. Once a property is occupied the Council will visit to carry out a tenancy management inspection to check the occupancy of the property and note any disrepair.
16. Where an applicant occupies temporary accommodation and finds there is disrepair they should report this to the property management agent in the first instance. If the agent does not resolve the problem the applicant can then inform the Council. The Council may inspect the property and fill out a property inspection report flagging up any repairs. This is shared with the property management agent and the Council will liaise with them to check the repairs are completed. The Council can make recommendations about upgrades, but it cannot force the property management agent to carry them out.

Was there fault by the Council

17. Ms D says the Council failed to confirm whether the property had been inspected before she moved in. There is fault in this matter because the Council referred to a property inspection in its complaint response but sent Ms D a copy of the November 2024 report. It should have advised her about the inspection by the property management agent in September which did not find any repair issues with the bathroom.
18. Ms D states the property was let to her with outstanding repairs needed in the bathroom. I have not seen evidence of fault in this matter. The September inspection by the property management agent did not flag up any repairs to the Council and the Council’s October visit also did not find any repairs that needed attention. The Council was not aware of any repairs being required until Ms D complained at the end of October. Once the Council was notified of the issues in the bathroom it carried out a property inspection and recommended some minor repairs to the tiles and bathroom to the property management agent. It is important to be clear about the limited role the Council has in a case like this. It is not responsible for carrying out the minor repairs to the property, that is the responsibility of the property management agent. The Council’s role is to check what repairs are needed and to communicate this to the property management agent. I am satisfied the Council acted in line with procedures and dealt with the issue in a reasonable timeframe.
19. I understand that after the repairs to the bathroom in January 2025 some tiles fell off the wall. It is impossible for me to say whether this was due to the works previously carried out but in any event that would be the responsibility of the property management agent and not the Council. The Council fulfilled its obligations by carrying out further liaison with the property management agent so that an agreement was reached to carry out additional works which were completed in March. I appreciate Ms D is dissatisfied with the Council, but I do not see there is evidence of fault, except for the first point above, in this matter.

Did the fault cause an injustice

20. Ms D was left uncertain about whether her home had been checked before she moved in. The Council failed to clarify what happened in its complaint responses.

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Action

21. The Council has agreed to my recommendation and will apologise to Ms D for the error I have identified.
22. The Council should provide us with evidence it has complied with the above action within four weeks of this case closing.

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Decision

23. I find fault causing injustice.

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Investigator's decision on behalf of the Ombudsman