Summary: Mr X complained about the Council’s failure to take effective action to deal with nuisance caused by a derelict residential property next to his home. The Council delayed in producing an options appraisal after it inspected the property in November 2020 and it failed to keep Mr X informed of its plans. These faults had an adverse impact on Mr X for which the Council has agreed to provide a suitable remedy.

The complaint

1. Mr X complained that the Council has failed to come up with an effective action plan to tackle various nuisances caused by a dilapidated property next to his home. He has reported issues with the property for many years. He says the Council has not kept him informed about the action it is taking and the Private Sector Housing Manager has not responded to his correspondence.
2. Mr X wants the Council to resolve the long-standing nuisance which adversely affects his property and his enjoyment of his home. He also wants to be compensated.

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What I have investigated

3. The Ombudsman investigated Mr X’s previous complaint about the way the predecessor Council – Northampton Borough Council - handled his complaints about the property. We made a final decision on that complaint in late February 2020. West Northamptonshire Council took over responsibility in April 2021,. Mr X made a new complaint to us in August 2021.
4. We did not re-examine matters covered in our previous investigation or investigate events which happened more than 12 months before Mr X made this complaint. However I have included relevant information about action Northampton Borough Council took before August 2020 to explain the context.

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The Ombudsman’s role and powers

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’. 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)
6. 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

7. I have:
• spoken with Mr X about his complaint;
• considered all the information and photographs Mr X sent me;
• reviewed the Council’s comments and the documents it supplied;
• taken account of the relevant law.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
9. The Council’s response to my enquiries included some personal information about a third party (Mr Z). For data protection reasons, I shared a redacted version with Mr X.

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What I found

The relevant law

10. Councils have powers under the Housing Act 2004 to apply for an Empty Dwelling Management Order (EDMO) when a property has been left unoccupied for a long time. They must apply to the Residential Property Tribunal for an interim EDMO. The Tribunal must be satisfied certain legal conditions are met. This includes satisfactory evidence that the property:
• has been unoccupied for at least two years; and
• there is a reasonable prospect that it will be occupied.

If the Tribunal makes the Order, the Council takes over management of the property with a view to bringing it back into residential use and recovering its costs by renting it out.  

11. Councils have powers under the Prevention of Damage by Pests Act 1949 to take any necessary steps to ensure owners and occupiers keep land free from rats and mice. Councils may serve a notice under section 4 of the Act, setting out the steps they require the owner to take and a compliance date. They can require a treatment by a professional pest controller, removal of rubbish, or structural works.
12. Section 215 of the Town & Country Planning Act 1990 gives councils the power, in certain circumstances, to issue a Notice requiring land to be cleaned up when its condition adversely affects the amenity of the area. The use of s215 notices by councils is discretionary so it is up to the council to decide whether it is appropriate to serve a notice in a particular case.
13. The Council may apply to the Courts for an order under the Law and Property Act 1925 and the Local Land Charges Act 1975 to recover debts by forcing through the sale of a property. This may happen when the property owner has not paid for works a council has carried out in default due to the owner’s failure to comply with enforcement notices. It can also be used where the Council has obtained charging orders because the owner has a substantial Council Tax debt. These debts are secured against the property as land charges. If the Court makes the order for sale, the Council can recover its costs from the proceeds of the sale. There is a legal requirement to give the property owner three months’ notice of the council’s intention to apply for an order for a forced sale.

The background

14. Mr X and his wife bought their terraced house in 2007. Mr X is a carer for his wife who is disabled and they spend most of their time at home. Mr Z owns the adjoining house.
15. For several years Mr X has complained to the Council (and to Northampton Borough Council – the predecessor authority) about the derelict condition of Mr Z’s house and garden. Many items have been dumped in the garden. The trees and vegetation are severely overgrown. Mr X has had a mice infestation and squirrels have gained access to his home. He is certain vermin were attracted by the accumulated waste in Mr Z’s house and garden.
16. Mr Z does not live in the house. Mr X says he returns occasionally. The house and gardens are neglected. The Council’s inspections and photographs confirm it is an advanced state of disrepair. The property is an eyesore and it causes nuisance to Mr X and other neighbours.
17. Mr X and the Council provided me with several photographs of the property. The ground floor windows are boarded up and the front door has been secured to stop intruders getting access. The front and rear gardens are overgrown and full of dumped items. The Council’s photographs show the interior of the house is cluttered with piles of clothing and bagged items. It is not possible to get access to some rooms.
18. Mr X has the following concerns, most of which he has reported to the Council over the years:
• Smoke nuisance and a risk of fire when Mr Z returns and lights bonfires to burn waste in the garden. The bonfires are close to the wooden boundary fence between their properties;
• Fly-tipping, scrap metal and other waste is dumped in the garden which attracts vermin;
• Failure to maintain boundary fences;
• A mice infestation which originates from Mr Z’s property;
• There is no water, gas or electricity supply connected to Mr Z’s property. The broken windows and lack of heating in Mr Z’s house make Mr X’s property colder and increases his energy bills;
• The risk of damage to the foundations of Mr X’s house, and to the guttering, from an overgrown tree on Mr Z’s property;
19. Mr X considers the Council should obtain an EDMO so it can take control of the property and make it fit for occupation.

Events in 2020

20. This is a summary of key events. The Council’s evidence shows that an enforcement officer in the Private Sector Housing Team at the predecessor authority – Northampton Borough Council – took the following action in 2020:
• Late May 2020 – an Emergency Prohibition Order was served on Mr Z following an internal inspection of the property. The Order banned occupation of the house due to the presence of Category 1 hazards. The Council arranged temporary accommodation for Mr Z after serving this Order;
• Late May 2020 – a Notice was served under section 83 of the Public Health Act 1936 because the property was “filthy and verminous and prejudicial to health” – it required Mr Z to cleanse, disinfect and paint the property and destroy vermin within 28 days;
• Early June 2020 – a Notice was served under section 4 of the Prevention of Damage by Pests Act 1949 requiring Mr Z to remove rats and mice, dispose of refuse and waste on his land and remove overgrown vegetation within 21 days;
• In July and August 2020 the Council carried out an external inspection with contractors to plan works in default because Mr Z had not complied with the section 4 Notice to remove refuse and waste;
• In late August 2020 Mr Z informed the Council that he did not wish to sell the property and a relative would support him with the repairs;
• Early November 2020 – the Council’s contractors removed refuse and waste from the rear garden. Mr Z and his contractors were also on site so the Council’s contractors left. Later that month Mr X told the Council that Mr Z had returned and dumped more bags of rubbish in the garden;
• Late November 2020 – there was a further inspection of the property with Mr Z present. The Council was satisfied enough had been done to comply with the section 4 notice. But there were no improvements to the property, and the external fabric and security of the building had deteriorated. Works to comply with the section 83 Notice served in late May 2020 had not been completed.
• In late November Mr X informed the Council that Mr Z had deposited more bags of rubbish in the garden.
• Mid- December 2020 – following Mr X’s report that the front door was insecure, the Council served a Notice on Mr Z under section 29 of the Local Government (Miscellaneous Provisions) Act 1982. It required him to secure the ground floor front window and front door within 48 hours to prevent unauthorised entry. It said the Council would carry out the works in default if he did not comply. According to the Council’s records, Mr Z responded three days later to say he intended to secure the property. But nothing was done and Mr X took matters into his own hands and blocked up the front door in early January.

Events in 2021

21. From the evidence I have seen so far, there seems to have been no progress between December 2020 and early July 2021. In mid-January 2021 the Planning Enforcement team decided it could not take action to require clearance of the garden using the powers in section 215 of the Town & Country Planning Act 1990.
22. Following a reorganisation of councils in Northamptonshire, West Northamptonshire Council took on responsibility for housing enforcement functions in April 2021.
23. Mr X continued to report problems with Mr Z’s property. He reported fly-tipping in the rear garden in January 2021. He sent regular emails to the manager of the Private Sector Housing team asking what the Council planned to do and its proposed timeline for action.
24. In April 2021 Mr X complained to the Council about the lack of a plan to tackle these long-standing issues. The manager of the Private Sector Housing team replied in late May. He said the Council was working with partner agencies and was keen to resolve the situation. It was exploring solutions but could not give Mr X a firm timeline. It would continue to work with Mr Z and do what it could to progress matters.
25. Mr X was not satisfied. He took his complaint to the next stage of the complaints procedure. He said the Council had still not made any specific commitments and there was no clear action plan or timeline.
26. In early July 2021 the manager of the Private Sector Housing team presented a report to the Executive Leadership team. He put forward three options. One option – to do nothing – was ruled out. Another option was for the Council to carry out the works in default. That would involve a substantial cost to the Council and lead to further charging orders on the property. The Council could not recover its costs until the property was sold. He therefore recommended, and the meeting agreed, to arrange a three way discussion with Mr Z, involving officers from Adult Social Care, to try to reach agreement with him about a future plan for the property.
27. To protect confidentiality, I cannot disclose details of the discussions officers had with Mr Z. But, by August 2021, the Council had concluded there was no prospect of reaching agreement with him.
28. In August 2021 the Assistant Director replied to Mr X’s complaint at the final stage of the complaints procedure. She recognised Mr X’s frustration at the lack of progress and the Council’s inability to give him a clear timeframe. She said she could not share some information with Mr X to protect confidentiality. She said a decision would be made within the next four to six weeks about how to proceed.
29. In September 2021 the manager of the Private Sector Housing team presented a further report to the Executive Leadership team. He recommended making an application to the Courts for an order to sell the property to enforce the charging orders. In his view, the Courts would be likely to order the sale unless the significant debts could be cleared within a reasonable time, or it would cause disproportionate hardship to Mr Z. The Council decided to pursue an application for a forced sale and set up a multi partner board to oversee this.
30. Between September 2021 and January 2022 the Council checked that all Mr Z’s outstanding debts to the Council were registered as local land charges. The Legal Service has been instructed to give legal advice and prepare an application to the Court.
31. The Council says the timeline is dependent on the Legal Service finalising its advice and work on the case and the Courts Service listing the case for a hearing.
32. In response to my enquiries, the Council said the conditions for making an application to the Residential Property Tribunal for an interim EDMO were not met in this case. The Council needed compelling evidence to prove that the property had been unoccupied for at least two years before making the application. Mr Z claimed the property had been his only residence until 27 May 2020 when the Council served the Emergency Prohibition Order. The Council did not have evidence to disprove that and show the property had been continuously unoccupied for two years.

My analysis

33. The property adjoining Mr X’s home is severely neglected and in substantial disrepair. This blights Mr X’s home and the immediate neighbourhood and causes nuisance from overgrown vegetation and vermin. There is a real risk of damage to Mr X’s home if the property is left to deteriorate further. The property owner, Mr Z, is responsible for this situation.
34. However, Mr Z is not willing to maintain or sell the property so Mr X wants the Council to use its powers to tackle this blight without further delay. He wants the house to be refurbished and brought back into residential use.
35. This investigation looked at the Council’s actions in the 12 months before Mr made this complaint in August 2021. By August 2020 the Council knew Mr Z was not willing to sell the property. The inspection in November 2020 confirmed nothing had been done inside the property to comply with the section 83 Notice. The building had deteriorated further. Despite knowing this, the Council did not complete an options appraisal report until early July 2021 following Mr X’s complaint. The Council should have reviewed the options much sooner after the November 2020 inspection. There was no good reason to wait until July 2021 to do that. As a result, several months passed with no action plan and no progress. That was fault.
36. I did not find fault with the Council’s decision not to apply for an EDMO. The Council considered this option and officers reviewed the available evidence. It decided it could not prove the legal conditions for an interim EDMO were met. In these circumstances, it did not apply to the Residential Property Tribunal because it was likely the application would fail. Mr X may disagree with that decision but I found no fault in the way it was made.
37. Mr X wants the Council to commit to a clear action plan with fixed timescales. The Council has now decided to make an application to the Courts for an order to force the sale of the property. It has started that process. It cannot give Mr X an end date because the process is not entirely within its control. The Court Service will decide when the application is heard. However the Council should use its best endeavours to fast-track its preparation of the application to make up for the time that has been lost. It should also ensure its partnership board monitors the case closely from now on to prioritise this work and minimise delay.
38. I recognise the Council was limited in what it could tell Mr X because of its duty to protect Mr Z’s personal information. But it could have done more to keep him informed about developments and its plans. Mr X has reported concerns for many years about the poor condition of Mr Z’s property. This clearly caused him a lot of distress and it continues to have a significant impact on him. The Council knew Mr X’s concerns were justified and that the property was deteriorating. I therefore consider it should have done more to keep him informed rather than leaving it to him to make repeated enquiries.

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Agreed action

39. Within one month of my final decision, the Council will:
• apologise to Mr X for its failure to keep him informed of progress – it will send him a regular update by email every two months from now on;
• pay £500 to acknowledge his distress;
• make arrangements for the partnership board to receive regular reports so it can monitor the progress of the case;
• fast-track work to prepare the application for the Court order;
• prepare a contingency plan in case the application for forced sale of the property does not succeed.

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Final decision

40. I have completed the investigation and found the Council was at fault and this caused injustice to Mr X. The Council has agreed to provide a suitable remedy.

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Investigator's decision on behalf of the Ombudsman