Thurrock Council (23 013 982)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 23 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about several disrepair issues in her privately rented property. She says the Council will not help her resolve the disrepair. This is because there is insufficient evidence of fault.
The complaint
- Miss X complains about several disrepair issues in her privately rented property. She says the Council will not help her resolve the disrepair.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In September 2022, Miss X moved to a private rented property. The property was offered by the Council to discharge the main housing duty owed to her.
- The property is located within another council’s area. Council 2. The Council has explained to Miss X that Council 2 is responsible for investigating and addressing the disrepair issues she has reported.
- Under the Housing health and safety rating system (HHSRS), councils must monitor housing conditions in its area, including private rented properties. Therefore, the Council is correct that it is the responsibility of Council 2 to consider her complaints about disrepair. As we are unlikely to find fault with the Council, we will not investigate this complaint.
- It is open to Miss X to raise a complaint to Council 2. If she is unhappy with Council 2’s response, she can raise a new complaint with us.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman