Summary: We will not investigate this complaint about Ms Y’s housing conditions. This is because part of the complaint is late and it is unlikely we would find the Council at fault.

The complaint

1. Ms Y complains the Council has allowed her landlord to let her a property which is in disrepair. She also complains the Council has not ensured her property has been repaired and her landlord is now evicting her from the property.
2. Ms Y also complains the Council did not help her more when she was homeless for over four years.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I spoke to Ms Y and considered information provided by her and the Council. Ms Y 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

7. Ms Y moved into her current private rental property in July 2019. Since moving into the property Ms Y has complained about property disrepair. She says the landlord is failing to fix the problems in her home. Ms Y has confirmed she is no longer allowing access to the landlord without appointment or to any tradesmen that attend the property. This is because tradesmen sent by the landlord have been rude and bullied her and entered her property without permission. Ms Y also says the landlord is now trying to evict her from the property.
8. The Council has provided a log report of actions taken by its enforcement team. The log says the Council has been trying to ensure the landlord repairs the property. However, it also records that Ms Y is now refusing entry to the property which is preventing tradesmen from carrying out the repairs. The log also shows Ms Y has been in rent arrears for over six months, which the landlord has offered to waive if Ms Y leaves the property without the landlord needing to take legal action to take possession of the property.
9. The Council has not considered the complaint about the disrepair through its complaints process, as Ms Y has a legal route to ensure the property is repaired by her landlord. Ms Y approached the Ombudsman at the end of July 2020.
10. Ms Y has provided comments after receiving a draft of this decision. Her comments included that there was no evidence to show she had refused entry to workman.

Analysis

11. Ms Y was aware of her reason to complain about the Council’s actions when she was homeless more than 12 months ago. Consequently, her complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner.
12. Landlords are not generally required to obtain a license from a Council before letting a property unless it is a House in Multiple Occupation (HMO). Ms Y’s property is not an HMO. However, this Council has a selective licensing scheme, where landlords are required to have a license before letting a property. The property Ms Y lives in has such a license. Ms Y has been unhappy with the condition of her property since she moved in at the start of July 2019. She has consequently been aware of the issue for more than 12 months before coming to the Ombudsman, so the complaint is now late. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner.
13. The Council uses the license scheme in partnership with enforcement powers for housing standards. It has considered Ms Y’s property, which is in need of repair. It has shown through its log report, it has acted on Ms Y’s reports of property disrepair, which the landlord was not acting upon. It considered this within its enforcement team and has contacted the landlord to ensure the repairs are carried out. While Ms Y disagrees, the records show she has refused access to the property on several occasions, so the Council cannot now act further to enforce the repairs without Ms Y’s cooperation. In these circumstances it is unlikely that an investigation would find fault.

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Final decision

14. We will not investigate this complaint. This is because part of her complaint is late, and it is unlikely we would find the Council at fault.

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Investigator's decision on behalf of the Ombudsman