London Borough of Lambeth (25 001 867)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 17 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about whether the Council was responsible for checking the condition of a flat it used for homelessness temporary accommodation. This is because there is not enough significant direct personal injustice to Mr X.
The complaint
- 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 or continue an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X is a freeholder of a building. The Council has an agreement with the leaseholder of a flat in the building to use the flat on a nightly basis for temporary accommodation.
- Mr X discovered the flat was in disrepair and reported this to the Council. The Council said the leaseholder was responsible for repairs.
- Mr X raised concerns about possible significant ongoing disrepair in the flat. However, this does not amount to a significant personal injustice to warrant us investigating because the disrepair does not directly affect Mr X as freeholder, as he does not live in the flat.
- Mr X says the flat is not suitable for use as temporary accommodation. The Council is not the leaseholder or tenant of the flat. If the Council were to decide the flat was unsuitable for temporary accommodation, it would not mean repairs would follow. The Council could stop using the flat, but responsibility for repairs would remain with the leaseholder. If Mr X, as freeholder, believes the leaseholder is not meeting their responsibilities, that is a private legal matter between them.
- Mr X also raised concerns about the impact of ongoing disrepair on anyone living in the flat. But it is for the occupants to decide if they want to complain about their living conditions and the Council. They have not asked Mr X to act for them.
Investigator's decision on behalf of the Ombudsman