London Borough of Waltham Forest (23 007 697)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 06 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council taking further action under an Improvement Notice for a private landlord. We cannot investigate complaints about matter which have been subject to court proceedings.
The complaint
- Mrs X complained about the Council pursuing an Improvement Notice which she says she has complied with and which should be withdrawn. She says further action by Council offers amounts to harassment.
The Ombudsman’s role and powers
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered the information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X is a landlord of a private property which is let to tenants. In 2021 the Council served an Improvement Notice on her for disrepair at the property. She appealed the Notice to the court at the First Tier Tribunal (Property Division) in 2022. The Court amended the Notice and gave her four months from April 2022 to complete the works it indicated in a schedule.
- The Council says that she failed to comply with the schedule and in July asked the court for more time but it would not entertain this. Because the Council considered the works required were not complete it issued a Works in Default Notice in December 2022. This gives the Council authority under the Housing Act 2004 to carry out works required by the Improvement Notice and make a charge for this work.
- In addition the Council only allowed her application for a Selective Licence which is required for landlords in its area for 1 year instead of 5 because it says it has concerns about the management and condition of the property.
- Mrs X says she has written to the court because she believes the Notice has been complied with and should be withdrawn. The legislation has no provision for withdrawal of an improvement notice but it may be quashed by the court or revoked by the authority which served it.
- The Ombudsman cannot investigate complaints about matters which have been subject to court proceedings. The schedule of work to be completed was issued by the court and the Council is required to ensure that the notice requirements are completed.
Investigator's decision on behalf of the Ombudsman