Summary: We will not investigate Mr X’s complaint about the Council’s handling of his reports of disrepair in a house in multiple occupation property he was living in. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s handling of his reports of disrepair in a house in multiple occupation (HMO) property he was living in. He says the Council did not deal with his concerns appropriately.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X reported several issues of disrepair at his HMO property. He says there were electrical devices which were a fire hazard and that there was a rodent infestation.
6. The Council inspected Mr X’s property in August 2023. It was noted the fire control panel was in good working condition and not displaying any fault with any of the alarm systems located within the property. It was also noted that both cookers had their own electrical power socket. The Council also confirmed all relevant Electrical Installation Condition Report (EICR) certification was in place.
7. The Council requested the landlord complete a new fire risk assessment, to obtain a new fire safety certificate, and to complete a pest inspection. The landlord provided the Council with evidence of the completion of the new fire risk assessment report, fire certificate, and pest inspection in September and October 2023.
8. An investigation is not justified as we are unlikely to find fault. This is because the evidence shows the Council did take appropriate action to inspect the property following Mr X’s concerns. The Council also appropriately followed up with the landlord to ensure all required actions were completed. I appreciate Mr X was not happy with the Council officer who completed the inspection. However, there is no evidence to suggest the officer was not an appropriate person to complete the inspection.
9. Mr X also complained about several new matters. He says the Council failed to help him with a rent repayment order and about concerns raised about the landlord of the HMO not having appropriate planning permission. The Council confirmed these matters had not yet completed its complaints procedure.
10. Therefore, we cannot consider these complaints yet as they are premature. Once the complaints have exhausted the Council’s complaints procedure, it is open to Mr X to bring the complaints back to us to consider.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman