Summary: We will not investigate this complaint about the Council failing to act against Miss X’s landlord when she reported damp and hazards to health in her privately rented property. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains the Council failed to act against her landlord when she reported damp and hazards to health in her privately rented property.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In December 2021, Miss X contacted the Council to report issues of damp and mould in her property. She told the Council her landlord had started damp proofing works following a damp survey being completed. The Council contacted Miss X and the landlord’s agent to discuss the matter and to confirm what action was being taken.
6. In July 2022, Miss X contacted the Council to confirm the damp proof works had been completed. The Council contacted Miss X a few days later and agreed to visit to inspect the property under the Housing Health and Safety Rating System (HHSRS).
7. The Council completed its inspection mid July 2022. The inspection identified low level category two hazards. The Council discussed this with the agent, who confirmed the works to take place.
8. In August 2022, there is contact between the Council and the agent to update on the works being completed to rectify the identified hazards.
9. In December 2022, Miss X contacted the Council to confirm the damp and mould had worsened. The Council contacted the agent for an update and reinspected the property mid-December. The Council identified suspected damp and condensation. The agents confirmed it would arrange for the damp specialists to revisit.
10. At the end of December 2022, Miss X reported a vermin problem. The Council contacted Miss X to discuss the matter and agreed visit the property again.
11. Following the visit in January 2023, the Council noted there were several areas affected with mould growth caused by condensation. The Council also agreed to provide Miss X with temporary accommodation until the pest control works were completed.
12. The agents continued to update the Council with progress of the works throughout January 2023.
13. An investigation is not justified as we are unlikely to find fault with the Council’s actions. Under the HHSRS, the Council has the power to take enforcement action against private landlords where they have identified a hazard which puts the health and safety of the tenant at risk. Councils have discretion to take enforcement action of a category two hazard is identified.
14. In this case, the Council explained it was satisfied formal enforcement action against the landlord was not necessary. This was because the landlord had engaged positively with the Council and was taking prompt action to resolve the issues. The Council also noted the landlord was implementing the improvements advised by the Council.
15. Therefore, the Council has taken appropriate action by responding to Miss X’s concerns without delay and working with her landlord to resolve the issues identified. The Council has explained why it did not consider it necessary to take formal enforcement action. There is no evidence of fault in the Council’s decision making and so this was a decision it was entitled to make.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman