Summary: We will not investigate Ms X’s complaint about how the Council responded to her reports of disrepair in her private rented accommodation. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council failed to hold her landlord accountable for addressing disrepair in her private rented property. She stated issues such as mould and pests had persisted for years, causing damage to her belongings. She said despite an inspection by the housing standards officer, the Council took no further action.
2. She said the situation caused her avoidable distress, worsened her health, and led to financial strain. She had to replace damaged belongings and buy humidity control equipment, increasing electricity costs. She wants the Council held accountable and an explanation for years of neglect. She demands action against her landlord and suitable alternative housing.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
6. We provide a free service, but must use public money carefully. We do not start or continue 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council’s duty under the Housing Act 2004 is to inspect private housing and require landlords to carry out repairs where necessary so that the tenant can remain in suitable housing conditions.
10. Ms X has been a tenant in private rented accommodation for 14 years. She said she has lived in disrepair for eleven years.
11. In its complaint response, the Council acknowledged Ms X had made multiple reports of disrepair over the years. However, it stated it would only address the most recent reports, as the previous ones were outdated and marked as closed in its system. We will not investigate Ms X’s previous reports of disrepair, because they are late and there is no good reason why Ms X could not have come to us sooner.
12. Ms X made a report of wood rot and damp in her accommodation. In response, the Council sent a housing standards officer to inspect the property. The officer classified the disrepair as a category two hazard. While the Council is not legally required to address category two hazards, it has the authority to intervene if believed necessary. In this case, the Council chose not to take formal enforcement action against the landlord. Instead, the Council provided a schedule of required works through the landlord’s agent and maintained communication with both the landlord and Ms X to track the progress of the remedial work. It conducted follow-up visits and continued monitoring until the damp issue was resolved, acting in line with its published Housing Enforcement Policy.
13. The Council has taken the action we would expect in response to Ms X’s report of disrepair in her private rented accommodation. It has inspected the property, identified the category hazard on site, considered its powers to act. While it determined formal action was not necessary, it coordinated with the landlord to ensure remedial works were carried out and continued monitoring progress until it was satisfied the damp issue had been resolved. Therefore there is not enough evidence of fault in the way the Council responded to Ms X’s reports of disrepair to justify investigating.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman