Summary: Mr X complained about the Council’s refusal to withdraw prohibition notices which prevent him from renting his property to tenants. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the notices were served on him several years ago and his complaint was received outside the normal 12-month period for considering complaints.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council refusing to remove prohibition notices served on him under the Housing Act 2004 Housing Health and Safety rating System. He says that he disagrees with the notices were unreasonable and he has been unable to let his flats and make any income from them since that time.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

5. Mr X owns some properties which he let for rent in the past. In 2014 the Council served prohibition notices on him for the properties which it said contained category 1 hazards under the housing safety rating system. The notices carried a right of appeal to the Residential Property Tribunal within 28 days of being served.
6. Mr X did not appeal the notices and in 2016 he complained to the Council about the unreasonable requirements for him to remedy the hazards. The Council advised him that it would not lift the notices because it had a duty to protect tenants from housing hazards. The Council advised him to complain to the Ombudsman in December 2016 if he remained dissatisfied with its investigation of his complaint.
7. Mr X did not complain to us until late 2019 which is outside the 12-month time for accepting complaints. We will not exercise discretion to consider this complaint now because Mr X could have appealed the notices to the Tribunal when they were served on him.

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Final decision

8. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the notices were served on him several years ago and his complaint was received outside the normal 12-month period for considering complaints.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman