Summary: Mr X complains the Council failed to deal with disrepair issues properly, leading to avoidable distress and financial loss. We found the Council is at fault because it delayed dealing with Mr X’s complaint. Mr X suffered delay. The Council has already offered Mr X £300 which is an appropriate remedy.

The complaint

1. Mr X complained the Council failed to deal with disrepair issues properly because it did not take proper account of Energy Performance Certificate (EPC) details relating to his accommodation.
2. Mr X says he suffered avoidable distress, financial loss and would not have been evicted from his accommodation had the Council acted properly.

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The Ombudsman’s role and powers

3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)
5. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
6. 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.
7. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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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What I have and have not investigated

9. Mr X complained to the Ombudsman more than 12 months after the events he complained about.
10. I have exercised discretion to consider these events because there has been considerable delay by the Council in dealing with Mr X’s complaint and he has been prevented from complaining to the Ombudsman earlier.

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How I considered this complaint

11. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
12. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law, guidance and policies

Disrepair

13. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Local authorities have powers under the Housing Health and Safety Rating System, (HHSRS), introduced by the Housing Act 2004, Part 1, to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk.
14. If a council considers a category 1 hazard exists in residential premises they must take appropriate enforcement action in accordance with section 5 of the Act.  Councils have discretion to take enforcement action if a category 2 hazard is identified.
15. For tenancies granted since 1 October 2015, service by a council to a landlord of a relevant notice, such as an Improvement Notice or a Notice of Emergency Remedial Action, may protect the tenant from retaliatory eviction for six months. Deregulation Act 2015 section 33.
16. Since 1 April 2020, landlords can no longer let or continue to let properties covered by the MEES (Minimum Energy Efficiency Standards) Regulations if they have an EPC rating below E, unless an exemption applies. (Domestic private rented property: minimum energy efficiency standard - landlord guidance)
17. The MEES Regulations are enforced by local authorities. Where a local authority believes a landlord has failed to fulfil their obligations under the Regulations they can serve a compliance notice. If a breach is confirmed the landlord may receive a financial penalty.

What happened?

18. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
19. Mr X moved into rented accommodation in November 2022 on a six month tenancy.
20. During Autumn 2023 Mr X complained to the Council about disrepair issues with his accommodation, including issues around cold and the Energy Performance Certificate (EPC). Mr X queried whether he could still make a claim for disrepair as his landlord had issued a s21 eviction notice to him. If the Council issued an improvement notice this would allow him another six months to find a new property.
21. The Council considered Mr X’s issues of disrepair in September 2023 and in early October decided there was no case for it to investigate further. Mr X’s property was referred to in several different ways and more than one EPC had been issued over the years. The documentation showed the most recent certificate rated Mr X’s property E.
22. The Council suggested Mr X to seek advice on the validity of the s21 notice and explained he was only protected from eviction if an enforcement notice had been served before the s21 notice. It also suggested Mr X seek advice on homelessness from the housing team.
23. Mr X had the EPC for his accommodation reassessed in October 2023 and sent the outcome to the Council. This EPC rated the property F. The Council reconsidered its decision in November 2023 and decided it would inspect Mr X’s accommodation.
24. Mr X vacated the accommodation in late November 2023.
25. The Council completed an inspection of the accommodation under the HHSRS in December 2023.
26. Mr X complained to the Council in May 2024 about how it had dealt with issues in 2023.
27. The Council responded to Mr X at stage 1 of its complaints process in December 2024. Mr X escalated his complaint to stage 2.
28. The Council responded to Mr X at stage 2 of its complaints process in May 2025. The Council did not uphold Mr X's substantive complaint, but accepted delays in its complaints process at both stages.

Analysis

Disrepair

29. I have reviewed correspondence and emails between Mr X and the Council.
30. The Council considered the issues of disrepair Mr X raised, and the multiple EPC’s with different outcomes that existed for Mr X’s accommodation. It also requested further information and photographs from Mr X and made enquiries with Mr X’s landlord about the issues Mr X raised.
31. The Council correctly advised Mr X that any improvement notice would not prevent the possession action started by the landlord.
32. The Council reconsidered its decision when Mr X provided further information about the EPC for his accommodation. And continued to complete the inspection of the property after Mr X had vacated the accommodation.
33. Mr X’s concern was to try to delay the eviction process so that he could have more time to find somewhere else to live. However, as the s21 eviction process had already been commenced, the Council was correct that any improvement notice would not have delayed his eviction. Mr X could not have suffered any injustice as a result. I have therefore not investigated this matter further.

Complaint handling

34. The Council accepts that its complaint responses at stage 1 and stage 2 were significantly delayed. This is fault by the Council. Mr X suffered delay.

Action by the Council

35. The Council has apologised to Mr X for the significant delays to its complaint responses at both stage 1 and stage 2 of its complaint process. It has also paid Mr X £300 for his time and trouble in relation to these delays. I consider this is an appropriate remedy.

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Decision

36. I find fault causing injustice. The Council has already offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman