Summary: Miss D says the Council failed to deal with disrepair in her temporary accommodation. I have found the Council at fault. It delayed assessing the disrepair and failed to take reasonable steps to ensure repairs were completed over a two year period. It left Miss D in unsuitable accommodation and caused significant distress to Miss D and her children. The Council has agreed to pay redress to Miss D for the faults identified.

The complaint

1. The complainant (whom I refer to as Miss D) says the Council failed to resolve ongoing disrepair and vermin infestations at her temporary accommodation from April 2023. Miss D also says she has received minimal contact and support from the Council.

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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. I have exercised discretion to look back to April 2023 because Miss D has consistently pursued her case with the Council. My investigation considers events up to May 2025 when the case was referred to our Assessment Team.

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How I considered this complaint

5. I considered evidence provided by Miss D and the Council as well as relevant law, policy and guidance. Despite setting out the timeframe covered by this investigation the Council has primarily sent me documents relating to 2025 with minimal evidence for earlier events. Miss D has been able to provide me with some email trails going back to 2022.
6. I shared my draft decision with both parties and considered their comments.

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What I found

What happened

Background

7. Miss D emailed the Property Management Agent (Agent) in September 2022. There had been ongoing leaks into her temporary accommodation for almost a year, and it was still not repaired. Miss D says no action was taken.

2023

8. On 24 April 2023 Miss D contacted the Temporary Accommodation Team (Team) at the Council and reported the ongoing leaks into her flat. The Council has not provided me with any evidence to show if action was taken. On 13 July the Council noted Miss D had reported another leak into her home. The Council emailed the Agent. I have no copy of that email or evidence of other action by the Council. Miss D says there was a further substantial leak into her home (mainly into her bedroom) and a contractor, supplied by the Agent, attended in October 2023 to do a temporary fix to the bedroom ceiling.
9. On 21 November a Council Officer emailed the Team. They had spoken to Miss D that day, she reported ongoing disrepair at the property which had been reported to the Agent numerous times. Water was leaking into the lightbulb fittings. She had asked the Agent for a dehumidifier as the bedroom was damp, but nothing had been provided. The problem was ongoing since 2021. The Officer asked the Team to urgently contact Miss D. Later that day the Team forwarded the email to the Agent and asked it to address the issues. The Council did not specify what works needed or give a timeframe. On 29 November Miss D told the Council the leak was ongoing, and the walls were wet. The Council noted it had emailed the Agent. Miss D says she also contacted the Council in November about an increasing mice infestation in the property. She understood the Council emailed the Agent, but no action was taken to investigate the pest issue. On 12 December the Agent emailed Miss D and copied in the Council. They said repairs would be scheduled. No details were given about what works would be carried out or when.

2024

10. On 1 February 2024 Miss D paid £160 for pest control treatment after she did not receive any assistance from the Agent or the Council. On 19 June Miss D complained to the Council, she was in unsuitable temporary accommodation. The disrepair and mice infestation made the property overcrowded and was impacting on her family. There had been severe leaks since 2023, no repairs since October 2023, and there was a nazi symbol on the communal door. She had not received any assistance from the Council and had to pay for pest control treatments. On 11 July the Council replied to the complaint. It had contacted the Agent asking for updates on the repairs. The Agent should arrange for a damp and mould specialist to inspect the property, works to the disrepair and pest control treatments were also needed. The response failed to consider if the property was unsuitable or deal with the complaint about lack of contact by Officers.
11. On 20 August Miss D requested the Council escalate her complaint. She had not heard from the Agent about any repairs and reiterated she had to pay for pest control treatments. On 15 October the Council issued its second stage complaint response. It said a Property Inspector would visit the flat and carry out a full inspection. They would liaise with the Agent about which repairs were needed. On 18 October the Property Inspector visited Miss D’s home and completed a property inspection report. They noted there was a nazi symbol on the communal door that needed covered. In the open plan living room/ kitchen area they found evidence of a “heavy mice infestation” and there were gaps and holes in the area that allowed access for the mice. In the main bedroom there was evidence of a recurring leak. The area appeared dry at present but there was water staining on the ceiling, walls and skirting. The main light did not work because of water ingress damage. The main light in the bathroom was also affected by water ingress and did not work. The front door lock was defective. The Inspector said an electrician needed to attend to the lighting; pest control should carry out treatments and rodent proof the area and repairs were needed to the recurring leak followed by internal redecoration. On 28 October the Council forwarded the report to the Agent.
12. On 12 December the Council asked the Agent for an update on works to the property. The Agent said they were in the process of resolving the issues. Miss D had reported that day her flat was without heating and hot water so that was the priority to resolve. Miss D then emailed the Agent and copied in the Council that it had been two days without heating and hot water and she had not been provided with a temporary heater. During December and into January 2025 Miss D regularly chased up the Agent about the lack of heating and hot water.

2025

13. On 9 January Miss D told the Agent no work had been carried out to the boiler, mice remained an issue in the flat and there was another leak into the property. On 14 January Miss D told the Council she remained without hot water or heating, she also explained there was another leak, and the mice infestation was still happening. The Council noted this should be looked into urgently. I cannot see evidence of the Council taking any further action. It would appear the boiler issue was resolved after mid-January.
14. On 14 March Miss D emailed the Council about ongoing disrepair at the flat. On 1 April the Council asked the Agent for an update on the repairs. The Agent replied on 3 April there was no active leak, the boiler had been replaced and a pest control visit undertaken. On 25 April Miss D told the Council the heating and hot water had stopped working again and been off for a few days. No works had been done to address the damp and mice problems. An Officer asked the Team to follow up on the case. Later that day the Team emailed the Agent that a damp and mould specialist should inspect the property. It also referred to the boiler issues reported in December 2024 and the mice infestation and said the Agent should have pest control attend. On 15 May Miss D submitted a medical form to the Council. She said her accommodation was unsuitable because the leaks, disrepair and infestation meant the family were overcrowded and could not sleep in the open plan living room space because of the mice. The disrepair was having a significant impact on one of her children’s mental health and all their wellbeing.

Events after my investigation period

15. On 26 June the Property Inspector emailed the Agent. He was concerned about a recurring pattern of missed or ineffective repair appointments. The property inspection report had given the Agent details of what actions were needed but instead there had been no progress on resolving the leak or pest infestation. The Officer would reinspect the property and was requesting the Council put on hold on rent payments. The Agent should also meet the Council to discuss the case.
16. On 4 July the Property Inspector carried out another survey of the flat. He noted the nazi symbol was still visible on the communal door and should be urgently addressed. Further pest control was needed in the property and rodent proofing. The flat was “severely infested” and he had removed two decomposing mice during his visit. There needed to be a “clear and confirmed timeline for completion of works” with the mice as it was causing significant distress to the family. The defective front door lock was not resolved. There had been temporary repairs to the roof but “a long term solution is till required to prevent future leaks”. The lights in the flat had been fixed.
17. On 15 July the Ombudsman advised the Council we were referring Miss D’s case for investigation. On 16 July the Disrepair Escalation Panel (Panel) considered the case and noted pest control treatments were needed and the nazi sign needed covered. If not complete by 25 July it would arrange to meet the Agent. It would also refer the case to Environmental Health. On 30 July the Panel noted rodent proofing was complete. The leak needed to be resolved and the nazi sign covered up. At the end of July there was another leak into the property which soaked the new child car seat Miss D had purchased. This happened at the same time Miss D went into labour. Miss D says she had to sleep with her new child in the main bedroom which was damp from the recurring leaks. Her other two children had to share another room. They could not stay in the main bedroom because of respiratory issues exacerbated by the damp and could not sleep in the living room due to the mice infestation.
18. In September the Property Inspector told the Panel to keep the case open to confirm if the leak had been fully fixed. The source of the leak had not been confirmed or permanently resolved. In October the Council asked the Agent if the leak had been permanently fixed and asked Miss D for information. Miss D says another leak occurred at the end of October. I asked the Council to confirm what additional evidence it needed to gather to make a decision on whether the property was unsuitable, given that Miss D had been complaining for two years. At the start of November the Council confirmed it accepted the property was unsuitable and it would provide Miss D with suitable alternative temporary accommodation. It says it is unlikely to use the property again.

What should have happened

Temporary accommodation

19. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.
20. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
21. Councils must keep the suitability of temporary accommodation under consideration. (Homelessness Code of Guidance 17.8). Where a Council makes a new decision about suitability of accommodation it should provide details of the applicant’s right to request a statutory review of that decision within 21 days.
22. Up to July 2025 the Council says applicants were told of their statutory right of review. It has failed to elaborate on how reports of disrepair would then trigger a consideration of whether the accommodation was unsuitable. In July the Council introduced the Panel. The Council says that it considers if the disrepair discussed at the Panel makes a property unsuitable. It will take account of whether there has been a recurring issue and whether the Agent has sought to resolve this in a reasonable timeframe. Where the Council finds an applicant’s accommodation is unsuitable due to disrepair it will offer them alternative suitable temporary accommodation.

Disrepair in temporary accommodation

23. Reports from applicants of significant disrepair in temporary accommodation should prompt councils to consider the suitability of the accommodation. Councils should consider whether an inspection by Environmental Health under the Housing Health and Safety Rating System (HHSRS) is required. (LGSCO Unsuitable Temporary Accommodation: Guide for Practitioners May 2023)
24. Prior to July 2025 if the Council received reports of recurring disrepair, it would request a Property Inspector visit the property and carry out an assessment. They would then provide instructions to the Agent, and the Team would follow up to check the works were completed. In July 2025 the Council introduced the Panel to consider cases where an applicant was reporting ongoing disrepair. The Council obtain records of the disrepair reports and can ask the Agent to attend a meeting to discuss what steps are being taken to resolve matters. The Panel should keep a case open until the Council is satisfied the disrepair has been resolved.

Pest control

25. The Council says where an applicant reports a vermin infestation in temporary accommodation it will arrange for a Property Inspector to visit the property; they will provide instructions to the Agent on what pest control actions are needed. The Council should follow up with the Agent to check the issue is resolved.

Lack of hot water and heating

26. The Council says where an applicant is without heating it expects the Agent to arrange emergency heaters and to treat a lack of hot water and heating as a priority repair. The Council can also provide emergency accommodation where an applicant is without these services, and the Agent fails to carry out priority repairs.

Contact and support for homelessness applicants

27. Prior to the end of 2024 the Council had a phone number for the Team and an email address. Applicants who wanted to contact the Council about their accommodation had to use those contact points; they were not provided with an allocated Officer. At the end of 2024 the Council introduced its ‘patch’ system whereby Officers are assigned to a specific property, and they should manage issues relating to that property.

Was there fault by the Council

Disrepair/ leaks

28. The Council delayed dealing with Miss D’s reports about leaks and other disrepair. Miss D reported leaks to the Council in April 2023 and leaks continued to occur up to October 2025. The evidence shows me the Council, from the outset, failed to investigate the cause of the leaks and disrepair, repeatedly failed to contact the Agent and chase it up about the works and did not afford Miss D a reasonable level of service.
29. In 2023 the Council appeared to forward emails to the Agent without considering if a Property Inspector should visit and assess the extent of the issue. In November the Council failed to tell the Agent what repairs were needed and did not follow up about when the repairs would be completed. Miss D had to formally complain in July 2024 and still the Council failed to carry out a property inspection or ensure repairs were being satisfactorily undertaken. It was only as a result of Miss D’s perseverance in making a second complaint that the Council had a Property Inspector attend in October. He found significant disrepair including: a lack of lighting in the bathroom and main bedroom due to the recurring leaks, a faulty front door lock and a racist symbol on the communal door. The Council failed to chase up on the actions requested in the October report for six weeks, even then it accepted a response which did not detail what works were being done or when they would be completed. Actions were only taken in this case when prompted by contact from Miss D. In March 2025 she continued to ask the Council for assistance with the leaks and other disrepair, again the Council failed to make any detailed checks with the Agent or consider visiting the property to assess if repairs had been made at that stage.
30. In addition, the Council also failed to refer the case to its Environmental Health Team to carry out a HHSRS assessment. The Ombudsman expects councils to take this step in cases where there is evidence of ongoing and potentially severe disrepair. The onus is on the Council to make a referral not on an applicant to request one. The Council first referred to this option in July 2025. It should have considered a referral in 2023 when it was evident there was recurring disrepair.

No heating and hot water

31. Miss D told the Council on 12 December 2024 she was without hot water and heating. I have no evidence of the Council taking any action in this matter. It failed to chase up the Agent to see when repairs would be completed and to check Miss D had been provided with a temporary heater. Given the ongoing disrepair at the property the Council should have been aware there were issues with the Agent failing to attend to repairs. In addition the Council should have considered if Miss D warranted a decant to emergency accommodation: no consideration was given to this key point. Instead Miss D and her children were left, without any assistance from the Council, in a flat without heating or hot water for at least a month over the Christmas period. That is unacceptable.

Pest control

32. In November 2023 Miss D told the Council about the mice infestation at the flat. The Council failed to arrange a property inspection to check what actions the Agent needed to take. Miss D told the Council in June 2024 that she had been forced to pay for private pest control treatments due to the Agent’s lack of response. I asked the Council about this point, and it said it had no information on the issue. That is incorrect, Miss D clearly complained about it and reiterated the point in her August complaint. The Council should have considered reimbursement of the costs Miss D incurred, instead it failed to deal with the matter in its complaint response.
33. When the Council eventually inspected the property in October 2024 it found a severe infestation. However I cannot see the Council made any checks to see pest control treatments were then carried out. The first treatments were not until Spring 2025 at the earliest and the problem continued until around September. The Council, as with the disrepair issues, failed to inspect the property and assess the issue, and did not follow up with the Agent. Miss D and her family had to live with the infestation for nearly two years because of the Council’s failings.

Suitability of temporary accommodation

34. The Council failed to consider whether the ongoing disrepair meant Miss D’s temporary accommodation was unsuitable. The Ombudsman expects a council to consider this in cases where the disrepair is recurring, it is not for an applicant to have to request a consideration about the suitability, rather the Council should take the lead and be prompted by repeat reports about disrepair.
35. In this case it was evident there was a recurring problem with leaks in 2023. The Council failed to look at the suitability of Miss D’s accommodation at that point. In 2024 Miss D specifically complained to the Council that her accommodation was unsuitable due to the disrepair. This should have prompted the Council to review the suitability of the flat. Instead no action was taken despite the leaks having continued and the additional problems with a mice infestation. It took until November 2025 for the Council to reach a decision on the suitability of the accommodation. The Council decided that due to disrepair the property was unsuitable. Had the Council followed the correct process it could, at the very latest, have reached that decision within eight weeks of receiving the June 2024 complaint, so by August 2024. Miss D has been left with her children in unsuitable accommodation due to Council’s failures.

Did the fault cause an injustice

36. Miss D has been caused avoidable distress due to the various failings by the Council. She was not considered for emergency accommodation over the Christmas period, her children were left without heating and hot water for at least a month, and they were subject to repeat delays in the handling of the case. During the period of the investigation Miss D was pregnant and had to contend with distressing living conditions.
37. The family have been living in unsuitable accommodation since at least August 2024. Miss D also had to pay £160 for pest control treatments which could have been avoided had the Council taken her reports seriously, actively pursued the Agent and dealt with the suitability issue.

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Action

38. To remedy the injustice caused to Miss D and her family the Council has agreed with my recommendations and will:
• Pay Miss D £500 for avoidable distress. This is higher than our usual range of payments for distress and takes into account the prolonged and repeated delays in this case, the seriousness of the issues identified and their impact on the family including: Miss D was pregnant and then caring for baby in an unsuitable property, one of her children has a phobia of mice and found the infestation particularly distressing, two children (male and female) with a large age gap had to share a bedroom because no-one could use the living room as a bedspace due to mice infestation.
• Pay Miss D £2,500 for the period when she was left in unsuitable accommodation. This is calculated at a rate of £250 per month and covers the 10 months from August 2024, when the Council could and should have concluded the accommodation was unsuitable, through to when my investigation ends in May 2025.
• Pay Miss D the same rate for the period outside my investigation timeframe (June to November which would total £1,500)
• Pay Miss D an ongoing monthly rate of £250 each month from when this case closes until she receives an offer of suitable accommodation.
• Reimburse Miss D £160 paid for pest control treatment after receipt of proof of payment (such as bank statements) from Miss D.
• Contact Miss D, as a priority, to discuss what will happen with an offer of suitable temporary accommodation and ensure any needs of the family are taken into account.
39. The Council should provide us with evidence it has complied with the above actions within four weeks of the investigation ending.

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Decision

40. I find fault causing injustice.

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Investigator's decision on behalf of the Ombudsman