Summary: Mr B complained the Council failed to take enforcement action against his landlord over disrepair issues at a privately rented property. Mr B said this caused him stress and impacted his mental health. We found fault with the Council’s complaint response. This fault caused Mr B injustice. The Council will make a financial payment to Mr B to remedy this injustice. It will also make service improvements.

The complaint

1. Mr B complained the Council failed to take enforcement action against his landlord over disrepair issues at a privately rented property. I have considered this complaint up to November 2020, this is when we accepted the complaint.
2. Mr B said this caused him stress and impacted his mental 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered:
• Mr B’s complaint and the information he provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
7. Mr B and the Council commented on a draft decision. I considered their comments before making a final decision.

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What I found

Legislation and guidance

Private tenants

8. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Councils have powers under the Housing Act 2004, Part 1 to take enforcement action against private landlords where the property is in a condition that may result in harm to the occupant.
9. Councils and landlords are encouraged to work together to keep properties in good repair, and enforcement is a last resort. (Ministry of Housing, Communities and Local Government, Housing Health and Safety Rating System, 2006)

Notice of possession

10. Under section 8 of the Housing Act 1988, landlords can evict tenants by issuing a notice of seeking possession. This can be a section 8 or a section 21 notice. The notice will tell the tenant the date they must leave the property by.
11. From 26 March 2020, the Coronavirus Act 2020 required landlords to give tenants extended notice of their intention to seek possession before starting court action. For notices issued between 26 March 2020 and 28 August 2020, the required notice period was three months. Between 29 August 2020 and 31 May 2021, where at least six months of rent was unpaid, a minimum four-week notice period was required. If less than six months of rent was unpaid, then the notice period was six months.
12. If the tenant does not leave by the specified date, the landlord can apply to court for a possession order.

Homelessness

13. The Housing Act 1996 and The Homelessness Reduction Act 2017 place duties on Councils to those who are homeless or threatened with homelessness.
14. If someone is homeless, or threatened with homelessness within 56 days, they can seek help from the Council.
15. Councils have a duty to carry out an assessment in all cases where an eligible applicant is homeless or threatened with homelessness. This will identify what has caused the homelessness or threat of homelessness, the housing needs of the applicant and any support they need to be able to secure and retain accommodation. The council must notify the applicant, in writing, of the outcome of the assessment.

Council’s corporate complaint procedure

16. The Council has a two-stage complaint procedure.
17. Stage 1: The Council aims to provide a response to the complaint and within 20 working days. If for any reason it needs more time to investigate the complaint, it will let the complainant know.
18. Stage 2: The Council will send a final written response within 20 working days of the complainant requesting a stage 2 investigation. If the Council cannot respond within this timescale, it can grant an extension of up to a further 20 working days, and it will inform the complainant of this. If the complaint is very complex and this is not possible, it will keep the complainant informed about the progress.

COVID-19

19. From March to May 2020, England was in the first of three national lockdowns. People could only leave their home for limited purposes including travelling to and from work, but only where this was absolutely necessary. In May 2020, the Government said people who could not work from home should return to the workplace. In September 2020, the Government announced new restrictions including working from home. A second national lockdown came into force from November to December 2020.

What happened

20. This chronology includes key events in this case and does not cover everything that happened. I have separated it into three sections: disrepair; homelessness; and complaint investigation.
21. Mr B lives in privately rented accommodation. In October 2019, his landlord died, and the property went into probate. Mr B experiences mental health difficulties.

Disrepair

22. In November 2019, Mr B complained to the Council that his toilet did not flush properly, his shower hose leaked, and the basement of the property flooded when it rained. He said his landlord had not carried out the necessary repairs.
23. The Council inspected the property in December 2019. It found the toilet and shower needed repairs. It also found the basement room, which Mr B said he did not use, flooded when it rained. It liaised with the landlord’s executor who agreed to send a plumber to complete the repairs.
24. Mr B contacted the Council in February 2020. He said his boiler had worked for two weeks and the repairs to his bathroom were outstanding. The Council spoke to Mr B’s landlord’s executor. The executor told the Council they had arranged for a gas engineer to attend the property that day. They advised that they had arranged for a plumber to attend Mr B’s property in December to fix his bathroom, but Mr B was not at home.
25. In March 2020, the Council visited Mr B to check the work had been completed. Mr B confirmed the boiler had been fixed. He told the Council he was unhappy with how long it took to repair his boiler and that the repairs to his bathroom were outstanding. The Council contacted Mr B’s landlord’s executor and asked them to arrange for a plumber to visit Mr B.
26. The Council asked Mr B’s landlord’s executor for an update in April 2020. They said they did not think the repairs to Mr B’s bathroom had been completed. They explained Mr B said he was shielding because of COVID-19 and no one could enter the property.
27. Mr B contacted the Council in June 2020. He complained his toilet and shower were still not working. The Council asked if he would allow a plumber to visit, he confirmed he would. The Council contacted Mr B’s landlord’s executor to arrange for a plumber to attend Mr B’s property.
28. Mr B’s landlord’s executor asked the Council for help. They explained they had arranged for plumbers to visit Mr B to assess the repairs, but they did not want to return to carry out the work. The landlord’s executor forwarded a text message conversation they had with Mr B when they had tried to arrange for a plumber to carry out the work. Mr B said he would call the police if the plumber visited his property. He was worried the plumber was involved in criminal activity. The Council offered to carry out a joint visit with the plumber.
29. In July 2020, the Council phoned Mr B to arrange the visit. Mr B said he would not let the plumber in. The Council said it would have to close his case if he was not going to allow the plumber into his property. Mr B told the Council he wanted no further communication from the Council.
30. Mr B’s solicitor told the Council in October 2020 the property had outstanding repairs. The solicitor asked the Council for an update. Mr B’s solicitor chased the Council for a response in November 2020. The Council said it would forward the letter to its residential regulation section to provide an update. I have not seen evidence the Council replied to Mr B’s solicitor about the disrepair.

Homelessness

31. In November 2019, Mr B told the Council his landlord’s executors had issued him with a notice to vacate the property.
32. In February 2020, the Council updated Mr B’s solicitor about Mr B’s housing situation and the options available to him if he was evicted from his home.
33. Mr B contacted the Council in June 2020 because the executors had served another notice for him to leave the property. The notice was served because he had not paid rent for five months and the property was in probate. The Council said it would arrange for the housing options team to help him find a new property.
34. The Council’s housing options team completed a telephone assessment for Mr B. The Council considered his circumstances, housing, and support needs. He said he had received a section 8 notice but part of it was missing. He alleged he was being harassed by his landlord’s executor. He confirmed he had not paid rent since January 2020 because repairs to the property were outstanding. He said he would like to stay in the property and would consider buying it. The Council decided it was not going to progress his application because an application for possession seemed unlikely, and therefore he was not eligible for support.
35. The Council closed Mr B’s case noting it could be re-opened if Mr B received any correspondence from court, if the landlord’s executor served a section 21 notice, or if they tried to evict him without following the proper procedure.
36. In October 2020, Mr B’s solicitor confirmed the section 8 notice had expired and it did not appear that his landlord’s executor had applied for a possession order.
37. A plumber was due to visit Mr B in November 2020 but cancelled the visit.

Complaint investigation

38. In July 2020, Mr B complained to the Council about the eviction notice and the outstanding repairs via his MP. In October 2020, Mr B’s MP chased the Council for a response.
39. The Council responded to Mr B’s MP at stage 1 of its complaint procedure in October 2020. It explained the actions it had taken and the difficulties it had arranging for repairs to be carried out. It said if Mr B was willing to allow access to the property, the landlord’s executor would arrange for the repairs to be done. The Council did not send Mr B a response.
40. Mr B complained to the Council that it did not respond to him direct and had not addressed his housing situation. The Council considered his complaint at stage 2 of its procedure.
41. An independent complaints board held a complaints review meeting in November 2020. The board found the Council did not respond to Mr B at stage 1 of its complaint procedure although, a response was sent to his MP. The independent panel was satisfied with the action taken by the Council to resolve the issues at his property. It noted the difficulties staff and contractors had experienced accessing Mr B’s property and the impact of COVID-19.
42. The Council updated Mr B with the result of the stage 2 review meeting and apologised for its delay responding to his complaint. Mr B brought his complaint to the Ombudsman.

Analysis

Disrepair

43. The Council and Mr B’s landlord’s executor worked together to try to address the problems with Mr B’s property. Each time Mr B raised an issue with the Council, it contacted his landlord’s executor and arranged for them to undertake repairs. The repairs were not completed because Mr B did not want the contractors in his property.
44. The Council adjusted its practice to take account of Mr B’s mental health difficulties. It mediated between the landlord’s executor and Mr B. It offered to carry out a joint visit to Mr B with a plumber. When it could not get hold of Mr B, it liaised with his partner to try and arrange for repairs to be undertaken. Unfortunately, Mr B was not receptive to the Council’s efforts.
45. Mr B’s solicitor requested an update about the items that needed fixing in his property in November 2020. I have not seen evidence the Council updated his solicitor about this matter. This was fault.

Homelessness

46. When Mr B told the Council he had received a notice to leave his accommodation in November 2019 it had a duty to assess whether he was an eligible for support under The Homelessness Reduction Act 2017. The Council did not assess him until June 2020. There was a delay of seven months, and this was fault.
47. However, this did not cause Mr B significant injustice as when he was assessed in June 2020 he was still living in the property and was assessed as being ineligible for support. On the balance of probabilities, the Council would have made the same decision if it had assessed him in November 2019 because his circumstances did not change significantly.
48. When the Council assessed Mr B it found he was ineligible for support. There was no fault in how the Council made this decision and therefore I cannot question its merits. This was a decision it was entitled to make. The Council did not write to Mr B with the outcome of its assessment. Not doing so was fault. Although this was fault, Mr B was not caused significant injustice because he was ineligible for support.
49. In response to my enquiries, the Council said it was reviewing its policy because it recognised it should have sent Mr B a letter telling him the result of his assessment.

Complaint investigation

50. Mr B complained to the Council in July 2020 by phone and via his MP. The Council’s complaint procedure says it will respond within 20 working days or let the complainant know if it will take longer. The Council did not respond to Mr B’s MP until October 2020 and did not send Mr B a copy. The Council’s delay responding to Mr B’s MP and its failure to respond to him direct was fault.
51. The Council’s stage 2 investigation found the Council did not respond to Mr B direct about his stage 1 complaint. It apologised for not responding and for its delay responding to his MP.
52. The failure of the Council to respond to Mr B direct at stage 1 and its delay responding to his MP caused Mr B injustice. Mr B was frustrated by the delay, and this caused him stress.

Agreed action

53. Within one month of the final decision, the Council will:
• Pay Mr B £100 for the injustice caused by the Council’s delay responding to his complaint and communicating with his solicitor.
54. Within two months of the final decision, the Council will:
• Review its homelessness assessment procedure to ensure people are told in writing if they are assessed as ineligible for support under The Homelessness Reduction Act 2017.
• Review its corporate complaint procedure to ensure the Council responds to complainants when their MP has made a complaint on their behalf.
• Issue guidance to the complaints department to remind staff of the importance of meeting the timescales set out in the Council’s corporate complaint procedure.
55. The Council should provide the Ombudsman with evidence these actions have been completed.

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Final decision

56. I have completed my investigation and uphold Mr B’s complaint. Mr B was caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman