Summary: Mr X complained the Council did not assist him and his family with finding accommodation after he was served with a Section 21 eviction notice from his privately rented property. Mr X says the Council disregarded his communications both before and after he was evicted. Mr X says this added to his distress and had the Council responded more quickly, it could have avoided the family staying in inadequate conditions for almost six weeks. We have found fault in the Councils actions for failing to take action after being advised Mr X was due to be evicted. The Council has agreed to write to Mr X to apologise, pay him a symbolic payment and complete service improvements.

The complaint

1. Mr X complained the Council did not assist him and his family with finding accommodation after he was served with a Section 21 eviction notice from his privately rented property. Mr X says the Council disregarded his communications both before and after he was evicted.
2. Mr X says this added to his distress and had the Council responded more quickly, it could have avoided the family staying in inadequate conditions for almost six weeks.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this report, we 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. We refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.

Duty to make enquiries

8. Where the council has reason to believe an applicant may be homeless or threatened with homelessness, it should make enquiries to enable it to decide if they are eligible for assistance and, if so, what duty it owes them. (Housing Act 1996, section 184)

Prevention duty

9. If a council is satisfied applicants are threatened with homelessness and eligible for assistance, they owe the applicant the ‘prevention duty’. This means the council must help the person to ensure that accommodation does not stop being available for their occupation.
10. Section 175(5) of the Housing Act 1996 says a person is threatened with homelessness if a valid notice under section 21 of the Housing Act 1988 has been served in relation to the only accommodation available for them to occupy and this will expire within 56 days.
11. The Code, at paragraphs 6.35 to 6.38, says:

• it is unlikely to be reasonable for the applicant to continue to occupy their accommodation beyond the expiry of a section 21 notice, unless the housing authority is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation whilst an alternative is found;
• it is highly unlikely to be reasonable for the applicant to continue to occupy beyond the date on which the court has ordered them to leave the property and give possession to the landlord;
• councils should not consider it reasonable for an applicant to remain in occupation up to the point at which the court issues a warrant or writ to enforce an order for possession;
• councils should ensure that homeless families and vulnerable individuals who are owed an interim accommodation or main housing duty are not evicted through the enforcement of an order for possession as a result of failure by the council to make suitable accommodation available to them.

Relief duty

12. If a council is satisfied an applicant is eligible for assistance and homeless then the council will owe the ‘relief duty’. This requires the council to take reasonable steps to help to secure suitable accommodation for any eligible homeless person for at least six months. The relief duty usually lasts for 56 days.
13. After this period, the council should decide whether it owes the applicant the main housing duty. It will owe the main housing duty if it is satisfied the applicant is eligible for assistance, in priority need and not intentionally homeless.

Personalised Housing Plans (PHP)

14. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance chapter 11)

Interim accommodation

15. If the council has reason to believe the applicant may be homeless, eligible for assistance and in priority need, it must provide interim accommodation until it has finished assessing the homelessness application if the applicant asks for it. “Reason to believe” is a low threshold. An example of priority need is those applicants who are vulnerable because they are elderly or as a result of a significant health issue.
16. When a council accepts a main housing duty, interim accommodation becomes temporary accommodation. In both cases, the accommodation should be suitable for the household. However, there is a statutory right to a review of the suitability of temporary accommodation, but no such right for interim accommodation.

Eviction from private rented sector (PRS) accommodation

17. Where a tenant has an assured shorthold tenancy, the landlord can issue a section 21 notice asking the tenant to leave. They do not have to give reasons, but the notice needs to be in a specific form and must satisfy various conditions.
18. In some cases, the landlord can evict without a court hearing – this is called “accelerated possession”. They do need to apply to the court and the tenant can challenge the application. The court will look at the papers and either:

• issue a “possession order” – this sets a date at which the tenant has to leave; or
• set a date for a possession hearing; or
• dismiss the case.

19. If the tenant does not leave the property by the date given in the possession order, the landlord can apply for a “warrant for possession”. If the court issues a warrant, it will send the tenant an eviction notice with the date they must leave the property by. A bailiff can evict the tenant if they do not leave by that date.

What happened

20. Mr X contacted the Council in early November 2024 and told it he had received a Section 21 notice which had expired in mid-September 2024. The Council booked a homelessness appointment for the following week.
21. Mr X met the Council in mid-November 2024, and it completed a housing needs assessment. Mr X sent the Council further information in November and December 2024.
22. Mr X sent the Council a copy of an Order for Possession which he received in January 2025. This said he must leave his property towards the end of January 2025. The Council made a request for accommodation, but Mr X remained in his rented property.
23. The Council emailed Mr X in mid-February 2025 and said it had accepted him onto its housing register. The Council awarded Mr X Band B.
24. Mr X emailed the Council in early March 2025 and said he had received a notice of eviction which said he had to leave the property towards the end of March 2025. Mr X called the Council the following day and was told to look for alternative housing options. The Council said if Mr X could not secure new accommodation to call them back on the day of the eviction.
25. Mr X called the Council again in mid-March 2025 the notes record it told Mr X to call on the day on the eviction if he had not secured any accommodation.
26. Mr X called the Council on the day of the eviction. The Council told Mr X it would find temporary accommodation for him and his wife and children. The Council placed Mr X in Bed and Breakfast accommodation. The Council said it would create a Personalised Housing Plan for him.
27. Mr X emailed the Council two days later to say the accommodation he had been placed in was not near his children’s school and did not have any cooking facilities. Mr X also emailed the Council towards the end of March 2025 to say his family were struggling with food preparation in the accommodation.
28. The Council emailed Mr X at the end of March 2025 to say it had awarded him Band A.
29. Mr X contacted the Council to ask if it would review the suitability of the interim accommodation it had allocated him in early April 2025. The Council noted he did not have the right to review the accommodation under S.188 as the accommodation was interim but I cannot see it told Mr X this.
30. Mr X emailed the Council in mid-April 2025 and explained that his large family were living across two rooms in a hotel. The Council responded to say Mr X had sent emails asking for help to the wrong team.
31. Mr X raised a complaint with the Council in mid-April 2025 and said he was unhappy the Council did not provide any help before he was evicted. Mr X said that his large family was having to live across two hotel rooms. He also said the Council had not responded to his requests for help.
32. The Council offered different interim accommodation to Mr X towards the end of April.
33. The Council issued a stage one complaint response and upheld his complaint by finding it had not issued timely responses to Mr X’s communication. The Council acknowledged that earlier support might have helped him navigate the situation differently.
34. Mr X asked the Council to escalate his complaint in mid-May 2025.
35. The Council responded in mid-June 2025 and said it had upheld Mr X’s complaint, but it would not consider compensation as he had not spent longer than six weeks in Bed and Breakfast accommodation.
36. Mr X said he had incurred Court costs of around £350 but had not paid these at the time of the investigation.

Analysis

37. Mr X told the Council about the Section 21 notice he had received in November 2024. The Code says it is unlikely to be reasonable for the applicant to continue to occupy their accommodation beyond the expiry of a section 21 notice. Unless the housing authority is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation whilst an alternative is found.
38. The Code also says councils should not consider it reasonable for an applicant to remain in occupation up to the point at which the court issues a warrant or writ to enforce an order for possession.
39. I cannot see the Council took any action to attempt to communicate with Mr X’s landlord to see if he could continue to rent the property. Nor can I see the Council took any action until after Mr X had been evicted despite being aware in advance that it would happen. This is fault and would have caused Mr X and his family distress and uncertainty. Mr X has also incurred court costs which on balance, he would not have incurred had the Council taken action when it became aware the Section 21 notice had expired.
40. In response to my enquiries the Council said I could not locate a PHP for Mr X and as such could not show how it considered if it was reasonable for Mr X and his family to remain in the accommodation. The Council told Mr X in late March it would create a PHP for him but did not do so. This is fault and would have caused Mr X frustration.
41. The Council acknowledged as part of its complaint investigation that it had not issued timely responses to Mr X’s communications and apologised for this.

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Action

42. Within four weeks of a final decision, the Council should:

• Write to Mr X to apologise for the distress caused by the faults 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 Mr X £500 for the distress, frustration and uncertainty caused to him.
• Write to Mr X to confirm the Council will pay the Court fees he has incurred in relation to eviction proceedings the landlord has taken against him, should he be chased for these.
• In writing, remind staff to make appropriate records detailing how decisions are made.
• In writing, remind staff to create and issue Personalised Housing Plans in line with the Housing Act 1996, section 189A and Homelessness Code of Guidance chapter 11.

43. The Council should provide us with evidence it has complied with the above actions.

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Decision

44. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman