Summary: Miss X complained about the Council’s lack of action and response to her reports when her landlord delayed fixing various disrepair issues at her property. We found the Council at fault for letting the case drift and the late point it found a Category 1 hazard. This caused Miss X significant uncertainty and distress. The Council has agreed to apologise, pay a symbolic payment, and take action to prevent future recurrence of fault.

The complaint

1. Miss X complains about the Council’s failure to act on the delays by her landlord in completing repairs despite being given deadlines. This has caused her significant frustration, distress, and she says she and her child have had to live in poor conditions for an extended period.

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The Ombudsman’s role and powers

2. 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)
3. 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(1), as amended)

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What I have and have not investigated

4. I have investigated events from April 2024 (when the Council carried out its first inspection of Miss X's property that year) to January 2025 (when Miss X received the Council’s final response to her formal complaint).
5. Miss X is entitled to make a new complaint direct to the Council if she is dissatisfied with events since January 2025.

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How I considered this complaint

6. I gave Miss X the opportunity to discuss her complaint with me.
7. I made enquiries of the Council and considered its written responses and information it provided, as well as relevant law, policy and guidance.
8. 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

Law and administrative background

Private housing disrepair

9. Private tenants may complaint 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.
10. The HHSRS looks at the risks to the health and safety of occupants 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.
11. The Housing Act 2004 places a duty on councils to take enforcement action when it identifies a Category 1 hazard. This could include serving an Improvement Notice, making a Prohibition Order, serving a Hazard Awareness Notice, or taking emergency action to reduce or remove the risk. Where the council identifies a Category 2 hazard, it can take enforcement action but does not have to.

What happened – summary of key relevant events

12. Miss X lives in a private rented property with her child. In early 2024, she contacted the Council about her property, including issues with the cold, rodents, and other disrepairs. She had concerns for their safety and the impact on her child’s health.
13. At the start of April 2024, the Council inspected Miss X’s property. The next week, it wrote to Miss X’s landlord with a list of various repairs, to be completed by late May 2024. This included installing suitable loft insulation and appropriately sized radiators and arranging a pest control visit. It said if they did not respond to this informal approach, it may carry out a formal inspection and serve notice on them. It updated Miss X.
14. In late June 2024, the landlord emailed Officer 1 confirming completion of all repairs, except the loft and radiators. The Council did not respond to this.
15. Between July and October 2024, Miss X emailed the Council numerous times stating the landlord had not completed all the repairs and asking for an update. She also raised concerns about entry points as rodents were getting into her house and she worried about her child’s health.
16. At the start of October 2024, Miss X complained to us. We advised her to complete the Council’s formal complaints process first. A week later, a councillor contacted the Council on Miss X’s behalf. Officer 1 tried to call Miss X a few times. It arranged another inspection with her.
17. In late October 2024, the Council visited Miss X’s property. It noted there were many outstanding repairs from the original April 2024 list. In mid-November 2024, Officer 1 called the landlord and gave advice about the repairs needed.
18. In late November 2024, Miss X asked the Council for help as her property was very cold, and repairs were still not done. She then formally complained.
19. In early December 2024, Officer 2 was allocated. They spoke to Miss X. She said radiators had been fitted but other issues remained, including rodent concerns. The next week, the Council visited Miss X’s property again.
20. In mid-December 2024, the Council replied to Miss X’s complaint at Stage 1. It apologised it took no action after previous inspections. It noted recent progress on some items. It accepted its service did not meet her expectations and offered £25 to acknowledge this. Miss X declined. She did not agree it reflected the emotional distress with the condition and cold temperatures of her property, the impact on her child’s health, and financial costs towards some of the issues.
21. A few days later, the Council served a Hazard Awareness Notice to Miss X’s landlord. It found a Category 1 hazard and seven Category 2 hazards at its recent HHSRS inspection. It also made a referral to its Environmental Health (EH) team about Miss X’s rodent concerns. Miss X chased the Council a few more times. Officer 2 said they already served a notice and could not take further action against the landlord.
22. In late December 2024, pest control visited Miss X’s property and made recommendations. In early January 2024, the landlord called Officer 2 confirming completion of the loft insulation (and later sent evidence). They would continue other works. EH spoke to Miss X. They confirmed the landlord carried out pest treatment and Miss X said she had not seen further rodent activity since the previous month.
23. In late January 2025, the EH team wrote to Miss X. It sent record sheets asking her to keep a log of rodent activity to help it investigate further. It closed her case two months later as it did not receive further contact from her.
24. At the end of January 2025, the Council responded to Miss X’s complaint at Stage 2. It outlined its previous actions and failings. It noted the landlord had completed the loft insulation which removed the Category 1 hazard. It partially upheld her complaint. It increased its remedy to £100.

The Council’s response to my enquiries

25. In response to my enquiries, the Council accepted it should have carried out a formal HHSRS assessment at the first April 2024 visit and it would have found the Category 1 hazard from the start.
26. It said it had changed its process since January 2025 and it no longer takes an informal approach with initial inspections. It also revised its inspection form, so it is more detailed to help reach a wider view of the risk in a property and household.

Analysis

27. After setting a timeframe for Miss X’s landlord to complete repairs, the Council did not follow up with either Miss X or the landlord when they claimed they had done these in late June 2024.
28. Between July and October 2024, Miss X chased the Council several times about incomplete repairs. The Council did not substantively respond to these. It did not act until a councillor made contact on Miss X’s behalf. This is fault. The Council let the case drift for several months without monitoring progress, nor did it consider or act on Miss X’s ongoing concerns. This caused her significant frustration and distress, as well as time and trouble of chasing.
29. A Category 1 hazard means the Council has a duty to act and take appropriate formal action with a relevant notice. After two further inspections and Miss X’s complaint, the Council found a Category 1 hazard relating to “excess cold” with the lack of loft insulation. The Council then issued a Hazard Awareness Notice to her landlord in mid-December 2024, after which they did the loft insulation the next month (8 months after the April 2024 inspection). However, I note the Council says it should have done a formal HHSRS assessment in April 2024, and it would have found this Category 1 hazard at the start. This is fault. I welcome the Council has recognised this and has taken positive steps to learn from this which is appropriate. I made a further recommendation below to strengthen this.
30. I now consider the personal injustice caused by this fault. Miss X’s landlord is directly responsible for the repairs and pest issues, not the Council. While the Council is at fault for not taking formal action sooner, on balance, had it not been for this, I cannot say what is likely to have happened. This is because, in my view, even if the Council issued a formal notice at the start, any further steps it could take would depend on the actions and choices of a separate third party (Miss X’s landlord) based on the circumstances at the time. However, this creates a level of uncertainty for Miss X about what the outcome could have been, and if repairs could have been done sooner and made a difference to her living situation at the time. This uncertainty is significant injustice.
31. Miss X also mentioned rodent issues in her various chase up emails about disrepair to the Council. I cannot see the Council considered these, or any potential risk, at the time. This is fault. But by the point of the December 2024 inspection, the Council did not witness evidence of rodent activity in its report and made a referral to its EH team. I consider EH acted promptly and followed up with Miss X. It appears the rodent issues may have stopped around this time. However, like above, there is still some uncertainty for Miss X about what may have happened had the Council acted sooner on this.

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Action

32. To remedy the injustice set out above, the Council has agreed to carry out the following actions:
33. Within one month of the final decision:
• Apologise to Miss X in writing (in line with our guidance on making an effective apology) for the uncertainty, frustration and distress caused by the faults found and her time spent chasing the issues. It should also pay Miss X a symbolic payment of £350 to recognise her injustice.
34. Within two months of the final decision:
• The Council should use this complaint as a case study to review its processes and put in place actions to improve how it responds to repeated disrepair reported by complainants and improve how it effectively monitors compliance with repairs it asks of private landlords.
35. The Council should provide us with evidence it has complied with the above actions.

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Decision

36. I find fault causing injustice. The Council agreed to my recommended actions to remedy the injustice caused. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman