London Borough of Lewisham (25 019 634)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 06 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the failure of an accommodation provider, on behalf of the Council, to advise her she was liable for utility costs in addition to rent. Given the lapse of time since the accommodation was arranged, further investigation would not lead to a worthwhile outcome. Further we cannot achieve the outcome Ms X wants.
The complaint
- Ms X complained the provider of emergency accommodation, acting on behalf of the Council, failed to advise her she was liable for utility costs and failed to ensure she was provided with bills. She says this led to a demand from a utility company for £2,070, which she only became aware of in June 2025, as part of a credit reference check. She also said the debt has affected her credit rating.
The Ombudsman’s role and powers
- 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:
- we cannot achieve the outcome someone wants, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
What happened
- Ms X said the Council arranged emergency accommodation for her after she became homeless in December 2023. She said the accommodation provider did not inform her of her liability to pay utilities and her licence did not mention utilities. She says she later discovered the accommodation provider had opened an account in her name with a utility company, but she did not receive any utility bills and only discovered a debt for £2,070 when carrying out a credit reference search in June 2025.
- In its response to her complaint, the Council said:
- the accommodation provider had confirmed all units had their own electric meter and all tenants are advised that utility costs are not included in the rent;
- it was not able to provide written records to show she was advised about the utility costs but this was the usual practice for the Council and the accommodation provider.
- Ms X wants the utility company to close its account, waive the amount due and notify all credit reference agencies it had done this.
My assessment
- We would expect councils, or accommodation providers on their behalf, to explain to homeless applicants that utility costs are not included in the rent for emergency accommodation and how such costs should be paid. We would also expect them to have a record to show this.
- That said, it is not likely, given the lapse of time since the accommodation was arranged, to establish whether the accommodation provider failed to provide this advice or whether it has simply no longer got records to demonstrate it did so.
- If there was sufficient evidence to establish fault by the accommodation provider, for which the Council should be held responsible, it is likely we would recommend the Council apologises but Ms X would remain liable for utility costs she incurred when living in the accommodation in question.
- Ms X says she did not agree to an account being set up in her name with the utility company. Given the lapse of time, it is unlikely further investigation would establish what happened and whether there was fault by the accommodation provider or whether it was the utility company that was at fault.
- Ms X says she thinks the accommodation provider intercepted utility bills as she did not receive any. Further investigation by us is unlikely to establish whether her failure to receive bills was due to fault by the accommodation provider or the utility company.
- For these reasons, further investigation by us would not lead to a worthwhile outcome.
- Finally, we have no power over utility companies and could not direct the company to take the action Ms X wants.
Final decision
- We will not investigate Ms X’s complaint because we could not achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman