Summary: We will not investigate this complaint about disrepair in a private rented property. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council mishandled a housing safety issue, discriminated against him and left him living in a dangerous property. Mr X wants a review of procedures, compensation of £13,550, and re-housing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X was living in private rented accommodation. In December he reported disrepair to the Council. Officers did a visual inspection. They did not see anything dangerous but asked the landlord to obtain utility inspection certificates. The landlord arranged for an electrician to visit. During a visit on 13 March the electrician found the electrics had been altered and were dangerous; he issued an Emergency Danger Notification. The next day the Council issued an emergency prohibition notice which ordered the immediate cessation of the property for accommodation because it was dangerous. On the same day the Council offered Mr X temporary accommodation but says he found his own accommodation. The Council also discussed providing help with securing other properties and providing help with storage.
5. Mr X complained to the Council and asked for compensation. He said the Council left him a property with multiple category one hazards where there was a risk to life. He said his family had been exposed to electric shocks but the Council did not take urgent action. He said he was evicted which caused financial problems. Mr X asked for compensation of £13750.
6. In response, the Council said it had responded promptly and appropriately in December and, at that time, there was nothing to suggest a problem with the electrics and Mr X had not reported any electric shocks. The Council only became aware of a problem following the inspection in March. It then took immediate action to prevent use of the property on safety grounds and it offered temporary accommodation. It explained that the potential danger apparent in the photographs taken by the electrician, was not visible during the inspection in December. The Council said the issues were primarily between Mr X and the landlord. It said it had not evicted Mr X and he had an on-going tenancy.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately in December and there was nothing to suggest it needed to take any further action until the electrician issued the emergency notice. Once the category one hazard was identified the Council took immediate action by serving the prohibition notice and offering temporary accommodation. The Council correctly explained that this is primarily a matter between Mr X and his landlord. In privately rented properties, it is the responsibility of the landlord to ensure a property is safe and to manage any issue such as eviction, periods of temporary absence, disrepair and rent. There is nothing to suggest fault by the Council and nothing to indicate we need to start an investigation.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman