Summary: We will not investigate this complaint about housing standards enforcement action taken by the Council against Mr X. This is because Mr X had a right of appeal to a Residential Property Tribunal which we would reasonably expected him to have used.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of matters relating to its enforcement of housing standards for a property he rents out to tenants. He says it did not follow its own enforcement procedures, failed to accurately assess the property, asked him to carry out works that were unnecessary and refused to grant him an extension to the deadline for the works.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X owns a property which he rents out to tenants. The tenants contacted the Council about conditions in the property which led to it issuing an Improvement Notice requiring Mr X to undertake works to address disrepair.
7. Unhappy with the Council’s actions in relation to this matter, Mr X complained. The Council addressed his complaint, responding to the various issues he raised but it did not uphold it.
8. The Notice issued to Mr X contained appeal rights to a Residential Property Tribunal. As he had this alternative remedy available, which we would reasonably expected him to have used, this complaint falls outside our jurisdiction and will not be investigated.
9. Mr X has also complained about how his complaint was dealt with by the Council but we will not investigate these matters when we are not investigating the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because he had a right of appeal to a Residential Property Tribunal which we would reasonably expected him to have used.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman