Summary: We will not investigate this complaint about the Council’s imposition of a Civil penalty On Mr X who is a private landlord. It was reasonable for him to challenge the penalty by appealing to the First Tier Tribunal (Property Chamber) which is the body responsible for hearing appeals.

The complaint

1. Mr X complained about the Council issuing a Civil Penalty against him for breaches of management regulations relating to a House in Multiple Occupation (HMO) which he owns. He says he complied with the requirements made by the Council and that the officers involved abused their authority.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he is a private landlord who owns several properties which are let as HMOs for rent. He made complaints about two of the Council’s officers who are involved in inspecting private sector housing for disrepair and management compliance. He says that after they found disrepair in his properties he was served with a notice and required to complete works to them.

Despite this he says he was threatened with prosecution and interviewed under caution by one of the officers. He says that he met all the requirements but the Council still served him with a Civil Penalty under the terms of the Housing Act 2004 s.249a. The penalty was for £2,500 and he believes this was unreasonable and the officers exceeded their authority.

The Council advised Mr X that it upheld its officers’ actions and that he may challenge the penalty by appealing to the First Tier Tribunal (Property Chamber) which is the appeal body for these penalties and other housing notices.

We will not investigate this complaint because it was reasonable for Mr X to exercise his right of appeal to an independent tribunal.

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Final decision

6. We will not investigate this complaint about the Council’s imposition of a Civil penalty On Mr X who is a private landlord. It was reasonable for him to challenge the penalty by appealing to the First Tier Tribunal (Property Chamber) which is the body responsible for hearing appeals.

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Investigator's decision on behalf of the Ombudsman