Summary: Miss X complained the Council failed to fulfil its duties when she reported disrepair in her private rented accommodation. She also complained about a telephone call with a Council officer. We find no fault in the Council’s decision making or in the customer service provided.

The complaint

1. Miss X complained the Council failed to fulfil its duties when she reported disrepair in her private rented accommodation in October 2023 and January 2024.
2. Miss X also complained about a telephone call with a Council officer.
3. Miss X says this has affected her physically, emotionally, academically, financially, and mentally.
4. Miss X wants an apology and compensation.

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The Ombudsman’s role and powers

5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
7. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
8. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

9. I considered Mrs X’s complaint and the Council’s responses. I also discussed the complaint with Mrs X.
10. I referred to the Ombudsman’s Guidance on Remedies, (a copy of which can be found on our website).
11. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Housing Health and Safety Rating System

12. Private tenants may complain to their council about a landlord’s failure to keep their property in good repair. Councils have powers under the Housing Health and Safety Rating System (HHSRS) introduced by the Housing Act 2004 to assess the condition of residential housing and take enforcement action where appropriate.
13. The HHSRS looks at the risks to the health and safety of occupants or visitors to a particular property. The HHSRS calls these risks hazards. There are Category 1 and Category 2 hazards. Category 1 hazards are the most serious.

The Council’s website and Private Housing Enforcement policy

14. The Council’s website allows tenants to report when their rented property is in disrepair and the landlord is not fixing it. It says it cannot help until concerns are raised with the landlord or agent and they’ve been given a reasonable amount of time to fix the problem.
15. Relevant to this complaint, the Council’s Housing Enforcement Policy says:
• “Officers will carry out inspections following a request for service from a tenant or referral from a partner or enforcement agency concerning unsatisfactory housing or overcrowded conditions. Tenants making requests for service will be asked to confirm that they have informed their Landlord of the disrepair and they have failed to act in a reasonable timescale. Inspections will take place where initial communications between this service and the landlord, agent or owner have not successfully resolved the issues for the customer”.

What happened

16. In October 2023, Miss X told the Council that her letting agent was not addressing issues with a leaking roof, which was causing mould and damp. She also raised concerns about faulty appliances and electrical problems in her property. The Council arranged an inspection to take place in November 2023.
17. The Council initially rescheduled the inspection due to bad weather. Later, after the letting agent assured the roof repairs were arranged and faulty appliances had been replaced, the Council cancelled the inspection. The Council confirmed the information with Miss X and advised her to contact again if repairs were not completed.
18. In January 2024, Miss X told the Council the letting agent had not completed the roof repairs, and a power outage in her kitchen meant it was unusable. The Council arranged another inspection for later that month.
19. The Council cancelled the inspection due to officer absence. A week later, Miss X emailed the Council, requesting an inspection, reporting she had been without hot water for nearly two weeks due to a problem with the boiler. The next day, she visited the Council office for help.
20. On the same day, the Council contacted the letting agent who advised the roof repairs had been carried out and further work was scheduled for the next day. A contractor was visiting the property today to investigate the broken boiler and if it could not be repaired, they would source quotes for a replacement the following day. The letting agent had provided compensation for food costs and made an alternative kitchen available in the building. After receiving evidence of some of the completed work, the Council told Miss X and explained no further involvement was needed as the letting agent was handling the repairs.
21. In February 2024, Miss X complained to the Council about its decision to cancel the inspections and close her case in November 2023 and January 2024. She also complained about the last call she had with the Council. She said the officer was rude and unprofessional and they said her expectations for fixing the boiler were irrational.
22. In March 2024, the Council responded to Miss X’s complaint, stating:
• The landlord or letting agent is responsible for repairs, and the Council can only intervene if serious safety risks or major failings occur. In Miss X’s case, the letting agent had provided evidence that repairs were either complete or underway, and temporary measures were in place to ensure adequate living conditions and cooking facilities.
• Although the repairs may not have met Miss X’s expectations for timeliness or communication, the officer instructed the letting agent to improve communication with tenants about repair timelines.
• It accepted it could have provided a clearer explanation of its powers. And although it has found no evidence of unprofessional behaviour, it has acknowledged the feedback and committed to learning from it.
• It said the decision to cancel the inspections and close the cases were correct but apologised for any inconvenience caused.
• If Miss X was unhappy with the service from her letting agent, she could raise a complaint through the letting agent’s registered scheme.
23. Dissatisfied with the response, Miss X escalated her complaint to stage 2. She said the Council’s response did not consider recorded phone calls with the officer and mentioned unresolved hazards in her property.
24. In April 2024, the Council contacted Miss X to arrange an inspection of her property. The Council first said the inspection was part of an additional licencing scheme, but later clarified it was also because Miss X had reported unresolved hazards. When asked if she still experienced the issues, Miss X did not respond but told the Council to arrange the inspection with the license holder. An inspection was not arranged.
25. Later that month, the Council issued its final complaint response. It:
• Explained it could not review calls because they are not recorded.
• Apologised that she felt the officer was rude and assured her that it expects officers to be professional and supportive to residents. The officer in question was receiving additional support to ensure they are empathetic when delivering a difficult message.
• Explained its Private Sector Housing Enforcement policy requires landlords or agents to be given an opportunity to fix repair issues before the Council can intervene. In Miss X's case, the letting agent had provided evidence that repairs were underway.
• Told Miss X that someone would contact her to arrange an inspection due to the reported ongoing issues, likely before she received its final complaint response.
26. In June 2024, the letting agent agreed to an early end of Miss X’s tenancy, and she moved out of the property.

My findings

27. Miss X reported disrepair at her property to the Council in October 2023 and January 2024. On both occasions, the initial inspection was delayed due to unforeseen circumstances. Miss X told me that she believes the Council was delaying, however I have found no evidence of this.
28. The Council’s Private Sector Housing Enforcement Policy explains that inspections will take place where initial communications between the service and the landlord, agent or owner have not successfully resolved the issues for the customer. The Council received suitable evidence of the repairs, cancelled the inspections, and closed the cases. After reviewing the evidence, I find the Council appropriately considered the information and acted in line with its policy. There is no fault in the Council’s decision.
29. Miss X also complained that the officer was rude and unprofessional. However, the Council found no evidence of this, and since the calls were not recorded it cannot review them. After reading the Council’s case notes, I found no clear indication of unprofessional behaviour. Without call recordings, I also cannot determine what the officer said during the call. The Council has since explained it takes such allegations seriously and clarified the additional support provided to the officer since the complaint. The officer’s manager completed additional observations of their interactions with customers, found no concerns, and determined no additional training or support was needed.
30. I am satisfied the Council has taken reasonable and proportionate action to investigate the complaint and I find no fault in its actions.

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Final decision

I have completed my investigation. I have no found fault causing injustice in the actions of the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman