Summary: Miss B and Mr C complained the Council delayed investigating disrepair to their private rented property, failed to identify hazards and did not take enforcement action against their landlord. They also complained the Council did not follow its complaint procedure. Miss B and Mr C said this caused them disruption and inconvenience. The Council delayed seeking an update about an electrical safety test report and responding to Miss B and Mr C’s complaint. This caused Miss B and Mr C injustice. The Council will make a financial payment to remedy this.

The complaint

1. The complainants, who I shall refer to as Miss B and Mr C, complained the Council delayed investigating disrepair to their private rented property, failed to identify hazards and did not take enforcement action against their landlord. They also complained the Council did not follow its complaint procedure.
2. Miss B and Mr C said this caused them disruption and inconvenience. They said they had to take time off work for tradespeople to attend their property and spent time without heating or hot water.

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What I have investigated

3. I investigated the Council’s investigation into Miss B and Mr C’s complaints of disrepair in their private rented accommodation.
4. I did not investigate Miss B and Mr C’s complaint about Council officers’ conduct. This is a personnel issue and not in our jurisdiction.

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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. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
7. 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

8. I considered:
• Miss B and Mr C’s complaint and the information they provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
9. Miss B, Mr C and the Council had the opportunity to comment on a draft decision. I considered their comments before making my final decision.

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What I found

Legislation and guidance

10. 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 for the occupant. In 2006 the Office of the Deputy Prime Minister issued guidance on the Housing Health and Safety Rating System and Enforcement.
11. Councils must inspect properties to decide whether there are Category 1 or 2 hazards. If following an inspection, the Council identifies a hazard, it has powers to ensure the landlord takes corrective measures. Where the Council identifies the most serious (‘Category 1’) hazards, the Council must act. It can also choose to take action in regard to less serious (‘Category 2’) hazards.
12. The action councils can take include:
• serving an improvement notice;
• making a prohibition order;
• serving a hazard awareness notice; or,
• taking specified emergency measures.
13. Emergency measures cannot be used for Category 2 hazards.
14. Where an owner or landlord agrees to take the action required by the Council it might be appropriate to wait before serving a notice unless the owner fails to start the work within a reasonable time.
15. Under the Defective Premises Act 1972, a landlord has an obligation to repair or maintain a property and owes a duty of care to their tenants. Where it can be proven that a landlord had knowledge of disrepair and failed to complete the works within a reasonable time, the tenant can take the matter to court and seek damages.

COVID-19

16. 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. The third national lockdown was in place from January to March 2021.

Council complaint procedure

17. Stage one: The Council will aim to provide a reply within 14 days. If it cannot do this, it will let the complainant know who is dealing with it and what to do if they not satisfied with the result.
18. Stage two: If the complainant is not satisfied with the stage one response, they can ask a senior manager within the service for an internal review. The manager will examine the complaint, how it was handled, the procedures followed, and the reply given. The manager will write to the complainant with their conclusions.

What happened

19. This chronology includes key events in this case and does not cover everything that happened.
20. In November 2018 Miss B contacted the Council about her private rented property. She said the downstairs bathroom flooded, the loft was not fully insulated, and the boiler was in the loft. Miss B said she reported this to her landlord in August 2018. The Council inspected Miss B and Mr C’s property. It decided the disrepair it discovered at the property did not present any immediate or serious harm to health and therefore it would not take formal action. It updated Miss B and Mr C. It spoke to their landlord about the inspection who advised he had booked a plumber to address the issues identified.
21. In December 2018 and January 2019, the Council followed up with Miss B and Mr C’s landlord. He advised he had tried to book an appointment for the plumber to attend the property, but Miss B and Mr C had not been available.
22. A plumber visited the property in February 2019. After the visits Miss B told the Council the landlord had not completed all the repairs and the plumber identified more issues. She asked the Council to take enforcement action against her landlord.
23. The Council inspected Miss B and Mr C’s property again in February 2019. The Council did not find a problem with the boiler or the shower in the bathroom. Mr C told the Council a plumber was going to inspect the shower room and kitchen. The Council asked him to send it a copy of the report.
24. Miss B and Mr C did not contact the Council again until October 2019 when Miss B told the Council their boiler was not working. The landlord arranged for an engineer to inspect and repair the boiler.
25. The Council inspected Miss B and Mr C’s property in October 2019. It found no issues with the boiler and noted the shower room drained slowly. The Council advised the property would benefit from interlinked fire detection alarms. The Council sent Miss B a copy of its findings. Miss B said the Council failed to note there was a cracked floor tile, the boiler was not working properly, and the shower room flooded. The Council amended its report to include the cracked floor tile. It did not consider it a category 1 or 2 hazard. The Council advised Miss B and Mr C’s landlord it was satisfied there were no major hazards in the property, but he needed to fix the cracked tile as soon as possible.
26. In December 2019, a chartered surveyor completed a report for court proceedings. Miss B and Mr C their landlord to court for disrepair. The report said there was a conventional light switch to the shower room and this could be criticised. He said the switch should either be outside the shower or on a pullcord. He did not identify this matter as urgent or suggest a specific remedy. The report noted the landlord had not arranged an up-to-date electrical safety test for the property.
27. Miss B and Mr C’s landlord arranged for an electrical safety test to be completed.
28. Miss B sent the Council a copy of the surveyor’s report in January 2020. She said it identified more defects and that the property did not have an up-to-date electrical safety test. She said the broken tile had not been fixed. She told the Council she had started legal proceedings against her landlord for disrepair. The Council told Miss B it would issue her landlord a hazard awareness notice for the cracked tile, damp and mould. The damp and mould were from a leaking kitchen window. The Council sent Miss B’s landlord a hazard awareness notice. The notice told the landlord the action he needed to take to resolve the issues. The notice advised the landlord he could undertake the work at his convenience. Miss B told the Council the hazard awareness notice did not address all the issues found in the report.
29. Miss B and Mr C’s landlord sent the Council a copy of the electrical safety test report in June 2020. The report advised there was a lack of earthing to light circuiting, inappropriate fittings, and fuses. The landlord told the Council he was having difficulty arranging for an electrician to undertake the work identified because of COVID-19.
30. The Council tried to inspect Miss and Mr C B’s property in July 2020. The officers recorded that Miss B’s partner was aggressive and intimidating and they ended the inspection before it was finished. Miss B says the officers were aggressive towards her and Mr C.
31. The Council decided lack of earthing to light circuiting, inappropriate fittings and fuses were a Category 2 hazard. In July 2020 it issued Miss B’s landlord with an improvement notice. The notice told the landlord he needed to commission an electrician to remedy these matters. The notice required Miss B’s landlord to start remedial action in August and to complete it in September 2020. The Council told the landlord he needed to send an electrical installation condition report on completion of the works.
32. Miss B and Mr C’s landlord sent the Council an electrical installation condition report in September 2020. The electrician emailed the Council to confirm the electrical system was satisfactory following minor remedial work. The Council wrote to Miss B, Mr C and their landlord and confirmed it was satisfied the work required in the improvement notice had been completed. The Council made a mistake in the letter, corrected and reissued it.
33. In December 2020, Miss B told the Council their boiler was broken and asked the Council to find out what their landlord was doing about it. The Council contacted the landlord who confirmed he was going to fit a new boiler. The Council followed this up in January 2020 and the landlord confirmed a new boiler had been installed.
34. In December 2020, Miss B told her landlord her kitchen window was leaking again. In February 2021, the landlord confirmed with the Council that he had replaced the leaking kitchen window.

Complaint

35. In December 2020, Miss B made a formal complaint to the Council. She said the Council failed to identify defects to the property during its inspections. She also complained about the conduct of the Council officers during the July inspection. She said she had a video recording of the inspection.
36. The Council acknowledged her complaint in January 2021. It asked her to provide the video footage of the July 2020 inspection visit. On two occasions in February the Council extended its deadline to respond to Miss B. It kept her updated and explained this was because of the volume of information it had to review.
37. The Council responded to Miss B’s complaint in March 2021. It upheld her complaints that:
• It failed to identify the switches associated with the bathroom were inappropriately located.
• Officers did not chase the landlord for sight of the electrical installation condition report.
• There was an administrative error in the improvement notice revocation letter.
38. It apologised and said it had raised the issues with those involved and given training.
39. Miss B was unhappy with the Council’s response and asked for her complaint to be considered at stage two. She complained about the time it had taken to respond to her complaint and challenged its findings.
40. The Council sent its stage two response in March 2021. It advised its stage one response was delayed because of the volume of information to consider, the Christmas break and the impact of COVID-19. It apologised for the delay. It decided the stage one complaint investigation was sound. The Council signposted Miss B to the Ombudsman.

Analysis

41. Between November 2018 and March 2021, the Council investigated the disrepair issues Miss B and Mr C raised about their private rented accommodation. The Council arranged to inspect their property on four occasions. There is no evidence of delay in the Council’s investigations. In the Council’s stage one complaint response, it accepted it failed to identify the switches associated with the bathroom were inappropriately located during its November 2018 inspection. The issue was not identified until the surveyors report in December 2019. If it had not been for the Council’s fault, the problem with the switch would have been identified a year earlier. However, there was no evidence the issue with the light switch caused Miss B or Mr C harm and therefore I do not consider the fault caused them significant injustice.
42. Each time Miss B and Mr C raised an issue with the Council, the Council contacted their landlord to alert him to the issue and find out what he was going to do. The Council followed up with their landlord to check issues were resolved. In the Council’s stage one complaint response, it acknowledged it did not chase the landlord for sight of the electrical installation condition report. The Council’s delay following up the report was fault by the Council. If the Council had followed up this matter sooner, on the balance of probabilities, it would have issued the improvement notice sooner and the electrical issues would have been resolved sooner. This delay was fault and put Miss B and Mr C to time and trouble chasing the Council and their landlord for the repairs to be completed.
43. Councils are only required to take enforcement action if it finds Category 1 hazards. In this case, the Council used its discretion to take enforcement action against Miss B and Mr C’s landlord for Category 2 hazards. In January 2020, it issued a hazard awareness notice and in July 2020 it issued an improvement notice. The Council noted in its stage one complaint response there was an administrative error in the improvement notice revocation letter. Although this mistake was fault, I do not consider it caused Miss B or Mr C injustice.
44. There was a delay in the Council’s stage one complaint response. Miss B complained in December 2020. The Council’s policy is that it will aim to provide a reply within 14 days. In this case, it took the Council over two months to respond. The Council advised the delay was because of COVID-19. The third national lockdown was in place from January to March 2021. Although, I acknowledge the impact of COVID-19, that Miss B and Mr C did not provide the evidence the Council requested, and it kept Miss B and Mr C updated, I consider the delay was fault. This fault caused Miss B and Mr C frustration.

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Agreed action

45. Within one month of the final decision, the Council will:
• Pay Miss B and Mr C £150 for the distressed caused by the Council’s faults.
46. The Council should provide the Ombudsman with evidence it has completed these actions

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Final decision

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

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Parts of the complaint that I did not investigate

48. I did not investigate Miss B and Mr C’s complaint about Council officers’ conduct. This is a personnel issue and out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman