Summary: We will not exercise discretion to investigate this complaint about disrepair in private rented property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about the Council’s failure to take action over disrepair in a private rented property which she reported first in 2020. She says she had to vacate the property in 2022 and her belongings were not recovered following the death of the landlord. She says the Council have not provided her with sufficient support over this period.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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. Miss X says she reported defective heating and a leak in the roof to the Council in 2020. Her landlord had died prior to this and she was paying rent to his son who was not the legal owner and she had no tenancy agreement with him. In 2022 she left the property because of the disrepair and difficulties obtaining housing benefit because she did not have a legal tenancy agreement.
6. Miss X says the Council did not properly respond to her housing situation and did not help her recover her belongings from the property which was locked up and may have been re-possessed. She complained to the Council about the lack of help with her housing situation in February 2024. She says she had a case worker appointed to help her find rented housing but has had little help for two years.

We will not exercise discretion to investigate this complaint. Miss X was aware of the disrepair four years ago and vacated the property two years ago. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

7. We will not exercise discretion to investigate this complaint about disrepair in private rented property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman