Summary: Mr X complained about the Council’s officers serving him with an improvement notice in respect of a property which he rents to tenants. We cannot investigate this complaint. This is because he has appealed to the First Tier Tribunal which is the proper authority to consider appeals against improvement notices.

The complaint

1. Mr X is a landlord of a property which was the subject of a complaint to the Council about its state of repair. Council officers arranged to inspect the premises and he was subsequently issued with an improvement notice. He challenged the charge of £350 which he feels is unreasonable and also the aggressive attitude of the officers. He says he wants the charge to be revoked and the officers disciplined.

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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. 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)
3. We cannot investigate a complaint if someone has appealed to a tribunal. (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. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Mr X received a letter from the Council that it required him to take action over disrepair at a property which he rents to tenants. The Council arranged to inspect the property within 21 days. Mr X says he was concerned that the officers may not have had COVID-19 tests. The Council assured him that the officers would be wearing PPE and that he did not have to accompany them on the inspection in any case.
6. He says the officers’ conduct was ‘bullying ‘and ‘intimidating’ in tone. The Council refutes this and says the officers carried out a professional inspection. Mr X was served with an Improvement Notice which required him to remedy defects and provide an electrical safety report. The charge for the notice was £50 which is a standard charge. Mr X understood he had been fined but the Council has explained that this was not the case.
7. Mr X says he was unable to meet the timescale for the required works due to lockdown restrictions making it difficult to find suitable tradesmen. He has appealed against the notice to the First Tier Tribunal and this body will consider the reasonableness of the notice and whether he is required to comply with the terms included by the Council.
8. We cannot investigate complaints where a right of appeal to a tribunal has been exercised. There is no evidence of fault in the Council’s procedure for serving the notice.

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Final decision

9. We cannot investigate this complaint. This is because he has appealed to the First Tier Tribunal which is the proper authority to consider appeals against improvement notices.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman