Summary: We will not investigate this complaint about the Council issuing an improvement notice to a private landlord for outstanding repairs. It was reasonable for Mr X to appeal to the First Tier (Property Chamber) Tribunal against the notice if he wanted to challenge it.

The complaint

1. Mr X complained about the Council’s decision to serve an improvement notice on him for disrepair in a rented property which he owns. He says that he had completed most of the works identified in an earlier hazard awareness notice served on him and that he had delays caused by the tenant and an insurance claim.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X is a private landlord and in 2023 the Council issued a hazard awareness notice under the Housing Act 2004 because it had identified Category 1 hazards under the Housing Health and Safety Rating System (HHSRS) at a rented property he owns.
6. The Council negotiated with Mr X and the tenant to ensure that the work identified was carried out. Mr X says he had difficulty with the tenant and that he had served a possession notice on them. He was also awaiting payment from an insurance claim to receive funds needed for the work.
7. The Council considered that the work was not completed over 4 months after the initial identification and in November 2023 served an improvement notice on Mr X. Improvement notices carry a right of appeal to the First Tier Tribunal for landlords who which to challenge the validity of the notice. Mr X complained to the Council about the officer who issued the notice and the Council rejected his complaint and reminded him of the right of appeal.
8. It was reasonable for Mr X to appeal to the Tribunal if he disagreed with the Council’s decision to serve it. Will we not investigate where there is a right of appeal available to the complainant.

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Final decision

9. We will not investigate this complaint about the Council issuing an improvement notice to a private landlord for outstanding repairs. It was reasonable for Mr X to appeal to the First Tier (Property Chamber) Tribunal against the notice if he wanted to challenge it.

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Investigator's decision on behalf of the Ombudsman