Summary: There was no fault by the Council. It could have made its responsibilities clearer to Ms B, but it took the appropriate action when she complained that the owner of the property she rents had not repaired the roof.

The complaint

1. Ms B complained that the Council did not take effective action to ensure that the owner of the property she rents repaired to the roof and guttering.
2. Ms B says that roof tiles fell from the roof and it leaked so that the complainant could not use her garden safely and had to move her belongings to protect them from water damage.

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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. 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

5. I considered the information provided by Ms B and discussed the issues with her. I considered the information provided by the Council including its file documents. I also considered the law and guidance set out below. Both parties had the opportunity to comment on a draft of this statement. I have considered Ms B’s comments before reaching a final decision.

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What I found

The law and guidance

6. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Local authorities have powers under the Housing Health and Safety Rating System (introduced by the Housing Act 2004 Part 1) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk.
7. The Act divides hazards into categories one and two. The Council must take action to ensure category one hazards are made safe as these are the most serious. It has discretion to take action on category two hazards. The Council can serve a notice on the landlord identifying the hazard and requiring him to fix it.
8. The government has issued guidance to councils on enforcement powers under the Housing Act.
9. Landlords can register with a property redress scheme that deals with certain disputes between landlords and tenants. The schemes are voluntary but letting agents and property managers must join.

What happened

10. Ms B lives in the ground floor flat of a converted house. She rents this flat privately from her landlord who owns the leasehold to her flat. The freehold of the whole building is owned separately.
11. In April 2021, Ms B complained to the Council that although her landlord completed repairs promptly, the freehold owner needed to repair the guttering but was not responding to her contact.
12. The Council contacted the freehold owner, Mr Y, to arrange a visit and to discuss the repairs. Mr Y told the Council that he was trying to get quotes for the work. It asked him to keep it updated on progress and it let Ms B know the work would be done.
13. In June, Ms B told the Council that tiles were falling from the roof and that she cannot use part of her garden for fear then will fall and injure her family or dogs. She sent a video showing that rainwater was not being diverted by the guttering at all. Mr Y told it that the contractor was re-securing any loose tiles and installed a wider gutter. The Council officer visited and viewed the property from the road, and saw that new guttering had been installed.
14. In July, Ms B complained to the Council that it had done enough to make sure the repairs were completed. The Council told Ms B that it had no statutory duties to take action for the repairs but that it was continuing to try to assist to get the repairs done. It told Ms B that she can also complain to the Property Redress Scheme. Mr Y told the Council that the work was complete, that he has photographs of the repaired roof, and that Ms B had told his contractor she was happy with the work. Ms B denies this and says another tile has fallen from the roof.
15. The Council visited the site again. I have seen notes of its visit and photographs. The Council officer saw that there is new guttering on both front and rear faces. The report does not mention the roof tiles. The Council later explained that it would only be looking for roof tiles close to the edge of the roof as these are more likely to cause damage or injury.
16. By this time, Ms B had complained to the Council again. She felt the Council had wasted time, had not properly inspected the site and had led her to believe it had powers to take action when it had not. The Council’s position was that it had acted properly and within the legal framework, and that it would not seek to take further action against the landlord or Mr Y. It told Ms B she could take her complaint to the Ombudsman if she was dissatisfied.
17. Ms B next contacted the Council in October. She said she did not want the Council to reply but that roof tiles are missing and there is a leak upstairs. The Council’s records show that it contacted the upstairs tenant. A week later Ms B told the Council that she has damp patches and water ingress in her hallway.
18. The Council visited Ms B. It agreed it would arrange a formal inspection with Mr Y and inspect the upstairs property to try to establish the cause of the leak. Mr Y arranged for a temporary fix of the roof and then made a permanent repair.
19. Ms B complained again to the Council that it failed to take proper action earlier in the year and that this had caused the flat she rents to be damaged. She had to move items to make sure they were not damaged and she could not use part of her garden for fear of falling tiles.
20. The Council told Ms B that it had already responded to her complaint about lack of action earlier in the year. It reminded her that it had referred her to the Ombudsman and the redress scheme. It explained that it had inspected the property from the outside in July and that it did not consider that if there were any defects, these were serious enough to be deemed a category one hazard. The Council mentioned that she had not previously told it about water ingress and that this was a new service request.

Was there fault by the Council causing injustice to Ms B?

21. Overall there is no fault in the action the Council took. It acted in good time when Ms B first contacted it. The Council liaised with Ms B, her landlord, and Mr Y as it attempted to assess the issue and make sure the repairs were done.
22. I realise that Ms B considers the Council’s visits in June and July 2021 were not sufficient to establish whether the work had been done to the roof. I accept that the Council did not access the roof then but viewed it from the ground. However, the Council’s responsibilities are to take action on the most serious hazards and those that are most likely to cause harm.
23. I appreciate Ms B’s view that a falling tile can be very dangerous. However, it is for the Council to assess the risk, and its view that this did not warrant formal enforcement action by it is proportionate to isolated tiles falling. In addition, the Council understood at that time that work was being done on the roof, and it did not know that there was water ingress into Ms B’s property.
24. There was no fault in the Council’s decision not to take formal enforcement action. It is clear from the files that the Council continued to work with the property owner to make sure the repairs were done.
25. The Council again acted in good time when Ms B informed it that she still had problems with the roof. It again liaised with Mr Y and Ms B’s landlord to make sure the works were done.
26. The Council referred Ms B to a property redress scheme but it could have been clearer sooner about its duties and what action it was able to take. In this case, it is unlikely that this would have significantly altered the outcome, but the Council should consider reminding its officers of the relevant legislation and guidance so they can advise people clearly.

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Final decision

27. I have completed my investigation. There was no fault by the Council.

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Investigator's decision on behalf of the Ombudsman