Summary: We will not investigate this complaint about disrepair in a property the complainant rents from a private landlord. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says he reported disrepair in his privately rented home but the Council will not do anything or take action against the landlord. Mr X wants the Council to order the landlord to do repairs, condemn the property and re-house him.

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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 Mr X and the Council. This includes the complaint replies. I also considered our Assessment Code.

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My assessment

4. Mr X rents his home from a private landlord. Mr X contacted the Council to report mould, an infestation, problems with the windows and doors, and electrical problems.
5. Officers visited in November 2023, January 2024 and June 2024. The Council liaised with the landlord regarding a broken window hinge and a wall heater.
6. During the June visit officers noted that the landlord had completed these repairs. Officers also noted that any remaining problems with the windows appeared to be caused by Mr X being forceful. No evidence of mould was found during any of the visits. Officers saw no evidence of an infestation and found that the insect specimens provided by Mr X were inanimate objects; officers also found that the items on the carpet were not insects but possibly rolled up paper. The officers found no electrical defects.
7. The Council noted in the complaint reply that the officers saw behaviours by Mr X which could present a fire hazard.
8. The Council told Mr X there is nothing to suggest the property is unfit for habitation and it would not take any action against the landlord based on the current condition of the property.
9. We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council acted correctly by inspecting the property, liaising with the landlord and checking the repairs had been completed. Following the June inspection, the Council explained that it would not take any further action because there is no evidence of any remaining problems. There is nothing more I would have expected the Council to do and there is no reason to start an investigation.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman