Summary: Mrs X complained the Council has not completed repairs to her home since she reported them in March 2024. Mrs X said this distressed her and impacted her financially. There was fault in the way the Council has not reviewed the suitability of the property and not completed repairs. Mrs X and her family have lived in unsuitable accommodation since March 2024. The Council agreed to apologise, complete a suitability review and make a financial payment.

The complaint

1. Mrs X complained the Council has not completed repairs to her home since she reported them in March 2024. Mrs X said this distressed her and impacted her financially.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read Mrs X’s complaint and spoke to her about it on the phone.
5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

7. 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.
8. 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)
9. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198).
10. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)

What happened

11. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
12. The Council leases Mrs X’s property from the owner. Mrs X and her family moved to the property in March 2024. The Council placed the family after it confirmed it owed them the main housing duty. The property is temporary accommodation. Mrs X started reporting concerns about disrepair including mould, damaged external doors and windows and rubbish in the garden left by the previous tenant.
13. Mrs X repeatedly chased the Council for repairs to the property and clearing the garden during 2024.
14. Mrs X complained to the Council at the end of January 2025. She complained the repairs were not completed after the Council said it would complete them.
15. The Council issued its response at the start of March 2025. The response confirmed the Council changed contractors and this delayed the repairs. It confirmed the landlord agreed to replace the doors. The Council acknowledged Mrs X waited a long time for repairs and this was unacceptable. The Council upheld the complaint.
16. Mrs X asked the Council to escalate her complaint to stage two in April 2025. She complained the works were still outstanding.
17. The Council issued its stage two response in May 2025. The response confirmed the home was owned by a private landlord and sublet to Mrs X as temporary accommodation. The response said the agreement with the landlord required the owner to complete repairs to the property. The Council acknowledged the delays completing the works and upheld the complaint. The Council offered Mrs X £250.
18. Mrs X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mrs X would like the Council to complete the repairs.
19. The Council surveyor completed a property inspection in October 2025. The surveyor’s report detailed a number of issues with the property including leaks, mould and issues with windows and doors.
20. In response to my enquiries the Council acknowledged the temporary accommodation was not suitable given the current repairs needed.

My findings

21. Throughout this case, the Council has detailed the landlord’s responsibility to complete the repairs and cited issues with contractors. The Council has a statutory duty to provide suitable temporary accommodation. The Council duty to provide suitable temporary accommodation is non-deferable and unqualified. It cannot delegate this duty to others. The Council remains responsible for the temporary accommodation, regardless of the terms of the lease agreement between the Council and the landlord. The Council can decide how it engages with the landlord to ensure the works are completed, but the Council remains responsible to ensure the temporary accommodation is suitable. The relationship with the landlord does not remove the Council’s statutory duty and does not impact this case.
22. The law, referenced in paragraph 10, says homelessness temporary accommodation must be legally suitable. When Mrs X reported the concerns shortly after moving in, this was an opportunity to consider if the accommodation was suitable. The Council should then keep the suitability decision under review. The Council confirmed, in its response to my enquiries, it has not completed any suitability review since Mrs X raised concerns about the property. This is fault.
23. Mrs X chased the Council to complete the works over a significant period of time. The Council relied on assurances contractors would complete repairs but failed to effectively oversee whether the works were carried out, despite Mrs X repeatedly reporting the issues persisted. This is fault.
24. The Council confirmed, in response to my enquiries, the property is not suitable given the outstanding repairs. Mrs X reported the same issues since she moved in, over two years ago. This includes mould, windows not opening or shutting and external doors not fitting and having glass missing. The property was not secure, and Mrs X has also paid to heat a home with holes and gaps in doors and windows. Mrs X, and her family including young children, have lived in unsuitable accommodation for over two years.
25. Living in unsuitable accommodation for over two years caused an injustice to Mrs X. Our Guidance on Remedies recommends a payment of £150 - £350 for each month spent in unsuitable temporary accommodation. The figure should be based on the impact on the complainant and other household members and take account of factors such as:
• overcrowding and disrepair;
• any specific needs arising from a disability – for example, a wheelchair user who cannot access some rooms; and
• any particular vulnerability of the complainant or household members. So a situation where three young children had to continue sharing a bedroom would usually require a remedy at the lower end of the range; and a situation where a disabled person could not access bathing facilities would usually require a remedy at the upper end of the range.”
26. In line with the guidance on remedies, a payment of £150 per month is suitable for this case.

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Action

27. To remedy the outstanding injustice caused to Mrs X by the fault I have identified, the Council agreed to take the following action within 4 weeks of my final decision:
• Apologise to Mrs X for not ensuring the temporary accommodation was suitable and carrying out repairs in a reasonable timescale. 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.
• Complete a suitability review of the property, issuing a section 202 decision giving Mrs X the right of appeal to the county court.
• Pay Mrs X £150 per month to acknowledge she is living in unsuitable accommodation due to the Council not completing repairs and reviewing the suitability of the temporary accommodation. This payment is from March 2024 when the Council placed the family in the property. This payment is until the Council confirms the property is suitable, or six months have passed from this decision. If the work is not completed within six months from the date of this decision, the Ombudsman would consider a new complaint about this matter.
28. The Council should provide us with evidence it has complied with the above actions.

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Decision

29. I have completed my investigation. I have found fault by the Council, which caused injustice to Mrs X.

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Investigator's decision on behalf of the Ombudsman