Summary: Miss X complained about the way the Council dealt with her homelessness applications. We found the Council’s failure to properly consider Miss X's circumstances or have due regard to the law and statutory guidance is fault. This fault caused Miss X unnecessary distress and uncertainty. The Council will apologise and make a payment to Miss X and provide a briefing to its homelessness team.

The complaint

1. Miss X complained about the way the Council dealt with her homelessness applications. Specifically that it:
• failed to consider her circumstance and wrongly told her to remain in her property until she was evicted;
• failed to provide sufficient support to enable her to find alternative accommodation;
• failed to offer interim accommodation when she had to leave her property; and
• failed to offer interim accommodation when she made a further homelessness application in February 2025.

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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 the 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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How I considered this complaint

4. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
5. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Homelessness

6. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils' powers and duties to people who are homeless or threatened with homelessness.
7. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
8. If someone contacts a council seeking accommodation or help to obtain accommodation and gives 'reason to believe' they 'may be' homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)

The prevention duty

9. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. In deciding what steps to take, a council must have regard to its assessment of the applicant's case. (Housing Act 1996, section 195)

The relief duty

10. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

Duty to arrange interim accommodation (section 188)

11. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)

Review rights

12. Homeless applicants may request a review within 21 days of being notified of the certain decisions, including:
• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• giving notice to bring the prevention duty to an end;
• giving notice to bring the relief duty to an end;
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

What happened here

13. The following is a summary of the key events relevant to our consideration of the complaint. It does not include everything that happened.
14. Miss X presented as homeless on 23 January 2024 as she had received a section 21 notice from her landlord requiring possession of the property. The notice expired on 22 March 2024.
15. The Council assigned Miss X a homeless prevention officer in early February who arranged a meeting with Miss X for 22 February 2024 to complete a personal housing plan (PHP).
16. The PHP notes Miss X told the officer she could not move into emergency accommodation out of the area. She wanted to remain in the area as one of her children would be sitting their exams and another was settled at school. The family also had a puppy which would need to be accepted wherever they went.
17. The PHP also states Miss X did not want the officer to negotiate with her landlord or seek any other properties the landlord may have available as she no longer wished to rent from them.
18. In addition the PHP notes the officer advised Miss X of her rights as a tenant and told her she did not have to leave the property when the section 21 notice expired. The officer said Miss X could wait for a possession order and a bailiff warrant to exclude her from the property, but she may incur charges if this occurred. Miss X was keen to avoid this situation.
19. The Council accepted a prevention duty on 23 February 2024.
20. On 13 March 2024 Miss X contacted the Council requesting an update as they were approaching the end of the notice period. Miss X told the Council she had looked for alternative properties but not found anything. The Council told Miss to continue looking for private rented accommodation.
21. The following week Miss X asked her landlord if they could extend the notice for a few months while her child took their exams. The landlord responded advising they would register the section 21 notice with the court who would then issue an eviction notice. Miss X’s landlord said they would then decide when Miss X left and the Council would be obliged to help Miss X and provide accommodation.
22. Miss X shared copies of her messages with the landlord with the Council. The Council told Miss X that if she received a bailiff warrant and eviction she could approach the Council for emergency accommodation on that date. It said it could not guarantee accommodation in Miss X’s area and that she would need to make alternative arrangements for any pets.
23. On 11 April 2024 Miss X told the Council her landlord had sent her court papers for an accelerated eviction. She asked what this would mean for her situation. The Council told Miss X she would be sent paperwork to challenge her landlord’s application and that following this the court can issue a possession order or a court hearing.
24. Miss X felt the Council was not helping them and felt they should be treated as a high priority for housing given her family’s vulnerability. The Council advised the onus was on Miss X to look for private rented accommodation and bid on the housing register. It said the Council did not hold any housing stock so could not provide her with a property. It advised Miss X to look for suitable properties and go for viewings.
25. Miss X contacted an advice service for support who also contacted the Council on Miss X’s behalf. The service asked whether the Council was in contact with Miss X’s landlord and whether they could be persuaded to delay possession proceedings until Miss X’s child had completed their exams.
26. The Council’s records show the housing prevention officer spoke with Miss X’s landlord on 24 April 2024 regarding Miss X remaining in the property. The officer then wrote to Miss X and the landlord asking them to withdraw the court proceedings and issue Miss X with a new tenancy. The Council considered the landlord’s proposed rent increase would be affordable for Miss X. It suggested Miss X would make herself intentionally homeless if she did not accept the increased rent.
27. Miss X was unhappy with the Council’s suggestion she would be making the family intentionally homeless. Miss X considered it was unreasonable to increase the rent but not maintain or repair the property.
28. The officer reiterated they considered the property was affordable and was a good option while Miss X’s child sat their exams. They advised Miss X to remain at the property and seek a rent increase via universal credit. The officer also confirmed Miss X could contact the environmental health team regarding property disrepair.
29. Miss X was unhappy with the Council’s actions and questioned why it had not contacted her landlord sooner. She said the officer had told her to prepare for eviction proceedings, including finding another property and packing, and she would not now stay in the property. Miss X said the situation had caused considerable unnecessary stress. She had sold possessions to pay for moving and had placed other furniture in storage.
30. She asked for details of the officer’s manager to raise her concerns. The Council provided details of its complaint process.
31. The Council chased Miss X’s landlord several times in May 2024 for confirmation Miss X could remain at the property if she paid an increase rent. It also advised Miss X to complete the defence forms for the possession proceedings.
32. In June 2024 Miss X’s landlord confirmed they would not issue a new tenancy agreement. The Council advised Miss X to continue looking for alternative accommodation.
33. The Court determined Miss X’s landlord was not entitled to a possession order using the accelerated procedure. The Council then wrote to Miss X on 24 June 2024 ending the prevention duty as it was satisfied she was not now homeless or threatened with homelessness. It advised Miss X to contact the Council again if she received another notice from her landlord requiring her to leave.
34. Miss X says her landlord served another notice and wanted to increase her rent further. She says she was concerned about bullying and harassment from her landlord so Miss X and her family moved to live with her parents.
35. In February 2025 Miss X again presented as homeless as her parents required Miss X and her family to leave their home by Easter. Miss X met with a homeless prevention officer on 12 March 2025 and on 14 March 2025 the Council accepted a prevention duty.
36. When Miss X’s parents evicted the family on 29 April 2025, the Council ended the prevention duty and accepted a relief duty. It also offered Miss X interim accommodation which she accepted the following day.

Complaints

37. On 8 April 2025 Miss X made a formal complaint to the Council about the way it had dealt with her two homelessness applications. She said the Council was aware of her circumstances and the difficulties she faced, including her poor mental health but had not offered appropriate support.
38. Miss X felt the Council had delayed in contacting her landlord and had not supported her or helped her find a property when she first made a homeless application in 2024. She also complained the Council had not communicated with her, properly considered her circumstances, or offered support to find accommodation following her recent homeless application.
39. The Council responded on 24 April 2025 and set out the action it had taken in relation to each application. The Council did not uphold Miss X’s complaint. It was satisfied that officer had responded appropriately and discussed Miss X’s situation with her face to face in 2024. They had then issued a PHP detailing her circumstances and the steps to complete. The Council was also satisfied the officer had communicated with Miss X’s landlord and taken appropriate action to prevent Miss X’s homelessness.
40. In addition, the Council was satisfied it had acted appropriately in relation to Miss X’s recent application and had delivered a professional and considerate service.
41. Miss X was unhappy with the Council’s response and asked for her complaint to be considered further. The Council considered it had already addressed Miss Y’s concerns and told her she did not meet the requirements for a stage two investigation.
42. As Miss X remains dissatisfied she has asked the Ombudsman to investigate her concerns. She maintains the Council did not listen to her or take account of their specific circumstances. Miss X says the Council’s actions exacerbated her mental health as it had no regard to the trauma she and her family had experienced.
43. In response to my enquiries the Council says contact with Miss X’s landlord was not a statutory duty as the prevention duty had been met by the original valid eviction notice. It said it was providing assistance to try and keep Miss X in her current accommodation while at the same time providing advice and assistance with alternative housing options.
44. The Council said Miss X was not homeless on the service of the section 21 notice. It accepted a prevention duty due to the notice as Miss X was at threat of homelessness. It considers it fulfilled its statutory duties. The advice it provided included continued occupation and exercising the right to remain in the property throughout the eviction process. It says Miss X made the informed decision to remain in the property which allowed her time to explore other housing options.
45. The Council ended the prevention duty in June 2024 following a court decision not to grant possession to Miss X’s landlord.
46. In addition the Council says Miss X’s application in 2024 did not trigger a duty to provide interim accommodation as Miss X was threatened with homelessness but not actually homeless. When Miss X was evicted by her parents in 2025 the Council offered interim accommodation.
47. Since Miss X’s complaint to the Ombudsman the Council has assisted Miss X to secure private rented accommodation and has discharged its duty.

Analysis

48. The law says that someone is homeless if they have no accommodation or if they have accommodation but it is not reasonable for them to continue to live there. Miss X received a section 21 notice requiring her to vacate the property, which expired in March 2024. The Council accepted a prevention duty in February 2024 as it considered Miss X was threatened with homelessness rather than homeless.
49. Councils are required to assess at what point a tenant who has been served a valid section 21 becomes homeless and is owed a relief duty.
50. Statutory guidance is clear that in assessing whether an applicant, who has a right to remain in occupation pending execution of a warrant for possession, is homeless, the council also needs to consider whether it would be reasonable for them to continue to occupy the accommodation.
51. In determining whether it would be reasonable for an applicant to continue to occupy accommodation following expiry of a valid section 21 notice the Council needs to consider all the factors relevant to the case and decide the weight that each should attract.
52. Councils should not adopt a blanket policy or practice on the point at which it will no longer be reasonable for an applicant to occupy following the expiry of a section 21 notice. The guidance says factors to consider include the preference of the applicant; the position of the landlord; the financial impact of court action and the build-up of arrears; the burden on the courts of unnecessary proceedings where there is no defence to a possession claim; and the general cost to the housing authority.
53. There is no record of how the Council considered these factors when the section 21 notice expired. The Council was aware in March 2024 that Miss X’s landlord intended to commence court proceedings when the notice expired a few days later. And it was aware in April 2024 that the landlord had applied for an accelerated eviction.
54. There is no evidence the Council considered at this stage whether it remained reasonable for Miss X to occupy the property or fully advised her of her options. The Council told Miss X she could ask for emergency accommodation on the day she was evicted. It also advised Miss X the onus was on her to look for private rented accommodation and to bid on the housing register. There is no evidence the Council told Miss X at any point that she could ask for emergency accommodation on the expiry of the section 21 notice, or prior to eviction.
55. The Council did not contact Miss X's landlord until prompted to do so in April 2024 by the advice agency Miss X had contacted. There is no contemporaneous record of the Council's discussion with Miss X's landlord but the follow up email asks whether it would be possible for the landlord to stop court action and provide Miss X with a new tenancy.
56. In early May 2024 the Council told Miss X it had negotiated with the landlord for Miss X to remain in the property at an increased price. It also said the landlord had agreed to stop court action. There is no evidence Miss X’s landlord had agreed to this at that stage and they ultimately continued with the possession proceedings.
57. The failure to properly consider Miss X's circumstances or have due regard to the law and guidance is fault. This fault has caused Miss X a significant injustice. She has experienced unnecessary distress and uncertainty at what was already a difficult time for her.
58. There is no evidence of fault in the way the Council considered Miss X’s application in 2025.

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Action.

59. The Council has agreed to:
• apologise to Miss X for the distress, and uncertainty she has experienced as a result of the fault 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 Miss X £200 to recognise the avoidable distress and uncertainty she has experienced as a result of the fault identified
• provide a written briefing to officers in its homelessness team regarding the importance of retaining detailed and accurate records of the advice given and the actions and decisions taken by the Council regarding homelessness applications.
60. The Council should take this action within one month of the final decision on this complaint and provide us with evidence it has complied with the above actions.

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Decision

61. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman