Summary: Mr X complains about the Council’s failure to ensure his landlord resolved disrepair issues in his private rented property. There was no fault in the way the Council investigated Mr X’s reports and made the decision not to take enforcement action.

The complaint

1. Mr X complains about the Council’s failure to ensure his landlord resolved disrepair issues in the property where he and his family live, since they moved in. Mr X says there are serious hazards in the property due to disrepair and his concerns about these have been ignored by the Council since he first reported them at the beginning of November 2021. Mr X says the Council’s lack of action against his landlord has meant he and his family have remained in a property with no heating and numerous hazards. Mr X says these should have prompted the Council to offer to move him and his family to alternative accommodation. He wants the Council to do this now and to financially remedy the distress and inconvenience caused to him and his family.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’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

4. I have considered the information Mr X has provided in support of his concerns. I have also considered the information the Council has provided in response to my enquiries.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant legislation and guidance

6. 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 (HHSRS) and Enforcement.
7. 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.
8. The action councils can take include:

• serving an improvement notice;
• making a prohibition order;
• serving a hazard awareness notice; or,
• taking specified emergency measures.

9. Emergency measures cannot be used for Category 2 hazards. 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.

What happened

10. Mr X and his family have been living in a privately rented property in the Council’s area since July 2019.
11. At the beginning of November 2021, Mr X contacted the Council to report disrepair concerns about the property. The Council arranged a HHSRS inspection of the property on 9 December 2021. Mr X and a representative for his landlord were present for the inspection.
12. The HHSRS inspection did not identify any category 1 or 2 hazards in the property. The Council Officer did however ask Mr X’s landlord to complete works to address the minor disrepair issues that had been highlighted during the inspection.
13. Mr X strongly disagreed with the conclusions reached by the Council. He and his landlord continued to copy and include the Council in correspondence about the property throughout 2022. The Council sought on occasion to encourage both sides to resolve matters.
14. The Council completed a further HHSRS inspection of the property on 14 March 2023. On this occasion, Mr X, his landlord, gas and electrical engineers were present while the Council Officer completed their inspection. The Officer did not identify any category 1 or 2 hazards in the property.
15. Mr X has complained to the Council about its HHSRS inspections and that it has not taken appropriate action against his landlord. The Council sent its final complaint response to Mr X in June 2023, in which it explained it had no role in mediating disputes between Mr X and his landlord.
16. Mr X brought his complaint to us because he remained dissatisfied with the Council’s response.

Was there fault causing injustice?

17. Councils only need to take enforcement action if they identify category 1 hazards in a property.
18. In this case, the Council investigated each time Mr X raised disrepair issues about his private rented accommodation. It inspected Mr X’s property twice and found low level issues which it asked the landlord to address.
19. Mr X’s disagreement with the conclusions of the Council’s inspections is not evidence of fault. Mr X has commissioned his own HHSRS inspection which identifies category 1 and 2 hazards in the property. In the absence of procedural fault by the Council, it is not for us to determine which of the inspections is correct.

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Final decision

20. I have completed my investigation and do not uphold Mr X’s complaint.

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Investigator's decision on behalf of the Ombudsman