Summary: Ms X complained the Council did not find her suitable temporary accommodation and advised her to remain in the property, which resulted in her incurring court costs. We found the Council at fault because it delayed progressing her homelessness application, failed to properly consider and provide accommodation duties owed to her, and did not adequately respond when she identified alternative accommodation. These failures caused Ms X and her children distress and uncertainty and left them in accommodation unreasonable to occupy for an extended period. The Council will apologise, make a symbolic payment and reimburses the court fee Ms X incurred. It will also remind staff of its duties relating to interim accommodation and main housing duty.

The complaint

1. Ms X complains about the way the Council has handled her homelessness application. She says the Council:
• Did not find her suitable temporary accommodation; and
• Told her to remain in the property which resulted in a court possession order and a fine she cannot afford
2. She says this has had significant impact on her children who are of school age and has impacted her health.

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The Ombudsman’s role and powers

3. 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 future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
7. Ms 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

Legislation and Guidance

8. 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.
9. 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 write 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 (see paragraphs 15, 17, and 18 below, for an explanation of these duties) 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.

Homeless definition, including if not reasonable to remain in current accommodation

10. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them and anyone who lives with them to continue to live there. (Housing Act 1996, Section 175)

Assessments and Personal Housing Plans

11. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. 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. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

The prevention duty

12. 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

13. 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)

The main housing duty

14. 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). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer, or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Duty to arrange interim accommodation (section 188)

15. 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)

Priority need

16. Examples of applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.

Council discretionary housing payment policy

17. Paragraph 5.5 of the policy says:
• Housing Payments will be considered for deposits where the need is explicitly linked to preventing or resolving homelessness: this may cover cases where a Section 21 notice has been issued or to support a move from temporary accommodation to a private tenancy.
• The Council expects to give higher priority to assisting residents (and particularly families with children of school age given the importance of stability in their education) to retain an established home and to relieving temporary difficulties where the arrangement is likely to be sustainable longer term.

What happened

18. Ms X lives in a property with her two children, both of school age. In March 2025, her landlord served a Section 21 notice, stating his intention to end the tenancy to sell his property. This notice was due to expire at the end of May.
19. In early April, Ms X completed a homelessness application to the Council.
20. In the triage assessment, listed in the case records, the Council identified Ms X as being in priority need due to her dependent children.
21. In early May, the Council confirmed that Ms X was eligible for assistance and threatened with homelessness. It accepted a prevention duty under section 195(2) Housing Act 1996 and issued a Personalised Housing Plan (PHP).
22. Ms X responded to this letter. She told the Council she would require a bungalow or low level flat due to her health needs. She also said she had tried to bid on properties through the online portal but was not given the option to bid.
23. The Council promptly replied to Ms X. It said it could not guarantee a bungalow but would ensure any property would be adapted to meet her needs. It also explained it can take six to eight weeks for her profile to register before she can bid. The Council also told Ms X it had tried to contact her landlord but had not received a response.
24. The Council phoned the landlord. He explained he needed the property back, and Ms X remaining in the property was not an option.
25. Ms X contacted the Council for an update on the outcome of its conversation with the landlord. The Council provided further information to Ms X regarding the Section 21 and the eviction process. It told Ms X she should not leave the property before the expiry of the Section 21 notice and explained she could remain in the property after the notice expired until the landlord obtained possession through the court.
26. Ms X responded to the Council and confirmed she would not leave the property because she had nowhere else to move to. She also provided a letter in support of her need for a ground-floor property.
27. At the end of May, there was frequent communication between Ms X and the Council, relating to her monthly outgoings, her outstanding debts and affordability. Ms X requested an update from the Council on her application, and stated her landlord was questioning when she would be leaving.
28. In June, the Council repeated to Ms X that her bidding portal can take six to eight weeks to go live. It also advised there is a waiting time of around four years for a two-bedroom property.
29. Ms X emailed the Council and expressed her concern that it felt like she would not receive help until a bailiff warrant was issued. She said she felt disappointed in the lack of help she had received.
30. In late June, the Council explained to Ms X that the private rented sector team would not review her case until a possession order was issued. It said its service was designed for emergencies rather than a primary option. It told Ms X she should continue to search for her own accommodation, as there was ample time until her eviction.
31. In July, Ms X contacted the Council again, she stated she was extremely stressed with the situation. She explained her daughter was approaching her school exams and it was stressful living under the threat of homelessness.
32. In late July, the landlord obtained a repossession order from the court. The court also ordered Ms X to pay the landlord's court costs of £404.
33. In early August, the Council sent Ms X a letter stating it accepted relief duty under section 189B Housing Act 1996. It said it was satisfied Ms X was homeless, and eligible. It also said the Council had a duty to take reasonable steps to help secure suitable accommodation.
34. Ms X then emailed the Council to explain she could not afford to pay the court costs. She said she would not remain in the property until a bailiff warrant was served because she was concerned this would result in additional costs she could not afford.
35. The Council responded to Ms X on the same day. It told her she would likely qualify for legal aid to help with costs. It also repeated that Ms X had the right to stay in the property until the bailiff warrant is issued. It told Ms X it had notified the private rented sector team to assist in finding accommodation.
36. Ms X's landlord submitted a complaint on her behalf. He expressed concerns that Ms X had not received appropriate support following service of the Section 21 notice and subsequent possession proceedings. Ms X also submitted a complaint raising similar concerns and stating she had been unable to bid on properties.
37. The Council responded to the complaint. It said she had been awarded band 2 under the allocations policy and informed her of high demand and waiting times for properties in this band. It also confirmed it had shared all medical needs with the rehousing ream. The Council recommended Ms X continue exploring alternative housing options.
38. Ms X requested escalation of her complaint. She repeated her concerns about the Section 21 notice, possession order and the support she had received in seeking alternative accommodation.
39. In late August, Ms X contacted the Council as she stated some properties that would be suitable for her within the portal, were not allowing her to bid. She also told the Council she would need support with initial deposits and purchasing appliances should she find a private property.
40. The Council advised Ms X she could apply for a furniture package and provided the link to do so. It also said it does not control the bidding system, and she would need to contact the housing association directly who deal with the housing applications.
41. In September, the Council responded to Ms X’s complaint. It explained again that she had a legal right to remain in the property until she received a bailiff warrant. It told Ms X she does not need to leave the property on the date the possession order becomes effective. It said by waiting for the bailiff warrant, this provides more time for her to look for alternative accommodation. It then repeated the wait time for properties in Ms X’s band. It concluded the Council had given the correct advice and did not uphold her complaint.
42. Ms X sent multiple emails expressing her dissatisfaction. These included some negative messages, which led to the Council issuing a warning letter to her.
43. At this stage, Ms X complained to us.
44. In late September, Ms X informed the Council that she had identified a potential private rented property outside the area and requested assistance with affording the first month rent period, and white goods. She also confirmed she would continue to bid for properties locally due to her need to remain in the area.
45. In October, the Council sent a letter to Ms X which confirmed that the relief duty had ended and said it now accepted the main housing duty under section 193 Housing Act 1996. This letter confirmed it now had a duty to secure temporary accommodation.
46. Following this letter, the housing team contacted Ms X to ask for an update on her current situation. Ms X did not respond to these.
47. In December, the Council contacted Ms X to establish whether the bailiff warrant had been executed and to obtain an update on her housing circumstances. Ms X said the contact was too late and that she did not wish to discuss the matter further. She ended the call.

My findings

48. Once Ms X was served the Section 21 notice, and completed a homelessness application, the Councils initial response was appropriate. It accepted the prevention duty and issued a PHP. There is no fault in how the Council responded during this period.
49. When the Section 21 notice expired on 26 May 2025, Ms X and her children were homeless. It is not fault for the Council to advice tenants that they have the right to remain in a privately rented property until evicted by bailiffs under a court warrant. However, councils must assess whether it remains reasonable for the applicant to continue to occupy the accommodation once a valid Section 21 notice has expired. I have seen no evidence that the Council recorded any such assessment or consideration in Ms X’s case. This was fault.
50. Ms X was in priority need, and the Council should have accepted the relief duty and offered suitable interim accommodation. It failed to accept the relief duty until August 2025, a 33-day delay. This was fault. I cannot say, even on the balance of probabilities, whether Ms X would have accepted interim accommodation at that time, but the failure to offer it leaves uncertainty and meant she remained in a property with no legal right to remain and became liable for her landlords court costs.
51. Following acceptance of the relief duty, the Council had 56 days to determine whether the main housing duty was owed. The Council did not accept the main housing duty until 10 October 2025, around 10 days after the relief duty should have ended. This was fault. Once the main housing duty was accepted, the Council was required to secure suitable accommodation for the family immediately. I have seen no evidence that it did so. This was further fault and meant Ms X and her children remained in the same accommodation and caused Ms X and her children additional uncertainty about their housing situation.
52. Having identified a suitable private rented property, Ms X contacted the Council to request assistance with the initial rent payment and white goods through its discretionary housing payment policy. I have seen evidence that the Council had previously provided a link where Ms X could access furniture support. However, I have seen no evidence that it considered or responded to Ms X's request for financial assistance with securing the tenancy. This was fault.

Conclusion

53. I have found fault in the Council's handling of Ms X's homelessness application. While the Council's initial response to the homelessness application was appropriate, it subsequently delayed progressing Ms X's case from the prevention duty to the relief duty. The Council failed to consider whether it remained reasonable for Ms X and her children to continue to occupy the property after the expiry of the Section 21 notice, failed to properly consider the provision of interim accommodation, failed to secure temporary accommodation after accepting the main housing duty, and failed to adequately respond to Ms X's request for assistance after she identified alternative accommodation in accordance with her Personal Housing Plan. These faults caused Ms X uncertainty and distress at a time when she and her children were facing homelessness. They also meant she and her children remained in accommodation where she had no legal right to remain and, on balance, contributed to her incurring £404 in court costs which she may otherwise have avoided. I have therefore made recommendations to remedy the injustice caused.

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Action

54. To remedy the injustice by the above faults, within four weeks of my final decision, the Council will:
• Apologise to Ms X for the faults identified, in line with our guidance. 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.
• Pay Ms X £404 to reimburse the court fee she incurred due to staying in the property following the advice of the Council.
• Pay Ms X £450 to recognise the distress caused to her and her children.
55. Within three months of my final decision, the Council will:
• Remind relevant housing officers of the requirements of Part 7 of the Housing Act 1996 and the Homelessness Reduction Act 2017, specifically:
1. the need to consider whether there is a realistic prospect of an applicant remaining in their accommodation;
2. the circumstances in which interim accommodation duties under section 188 arise;
3. the need to consider and make a written record of whether it is reasonable for a household to continue to occupy a property where a valid Section 21 has expired;
4. the requirement to promptly decide whether the main housing duty is owed; and
5. the requirement to consider available assistance where applicants identify accommodation in accordance with their Personal Housing Plan.
56. The Council should provide us with evidence it has complied with the above actions.

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Decision

57. 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