Summary: We found no fault on Mrs Y’s complaint about the Council failing to act on her reports about the condition of the private accommodation she rents.

The complaint

1. Mrs Y complains about the Council failing to act when it received her reports about the condition of the property she privately rents; as a result, she and her children continue to live in mouldy and damp conditions.

Back to top

The Ombudsman’s role and powers

2. 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)
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 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)
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. 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.

Back to top

What I have and have not investigated

6. I limited my investigation to events that took place from January 2024. This was because Mrs Y complained to us in January 2025. The law says we cannot investigate late complaints unless we decide there are good reasons. I was given no good reason why we should exercise discretion to investigate the complaint before January 2024.

Back to top

How I considered this complaint

7. I considered evidence provided by Mrs Y, the Council’s response to my enquiries, as well as relevant law, policy, and guidance. I sent a copy of the draft decision to Mrs Y and the Council. I considered their responses.
8. References to the landlord include agents and solicitor.

Back to top

What I found

Housing Health and Safety Rating System (HHSRS)

9. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Councils have powers under the 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.
10. The HHSRS is used to assess all the main housing related hazards. It recognises all homes will contain some hazards. It provides a means of assessing homes which reflects the risk from any hazard. It allows a judgement to be made about whether the risk in the particular circumstances is or is not acceptable. The assessment is solely about the risk to health and safety and not about the quality or standard of any works.
11. Private tenants can complain to a council about the failure of a landlord to keep the property in good repair. A council has powers under the HHSRS to inspect and assess the condition of tenanted properties.
12. Hazards assessed fall into two categories. The most serious hazards are classed category 1, with less serious hazards being category 2. If a Council identifies a category 1 hazard in a property, it must take ‘appropriate enforcement action’ in relation to the hazard. (section 5 (1), the Housing Act 2004). Appropriate enforcement action means (section 5 (2)):

• Serving an improvement notice;
• Making a prohibition order;
• Serving a hazard awareness notice;
• Taking emergency remedial action;
• Making an emergency prohibition order;
• Making a demolition order; or
• Declaring the area in which the premises are situated as a clearance area.

13. Government guidance says if a landlord agrees to take the action required by a council it might be appropriate to wait before serving a notice. This is unless the landlord fails to start the work within a reasonable time.

Council Private Sector Housing Enforcement Policy 2021

14. The main function of the Private Sector Housing Team is to protect the health and safety of residents by ensuring they have safe and decent housing to live in.
15. Enforcement is not limited to formal enforcement action. The Council has a staged approach to enforcement where possible.
16. A Hazard Awareness Notice is used for hazards not necessarily serious enough to take formal action. It helps draw attention to the need for remedial action and cannot be appealed against or enforced.

What happened

17. Mrs Y and her children live in privately rented accommodation. She contacted the Council about its condition but complained it failed to take effective action against the landlord to ensure repairs were done. She remains in accommodation that needs repairs.

2024:

18. In January, the Council visited Mrs Y after receiving a call about leaks when it rained. Its procedure was to do an initial inspection and write to the landlord first to see if it could be resolved informally. Where there was no action by the landlord, or action was slow, the Council would carry out an assessment under the HHSRS.
19. The records show the Council contacted the landlord following her call about a leaking ceiling. The landlord explained he was waiting to get consent for the repair to the ceiling from Mrs Y. The landlord claimed she did not contact him.
20. The Council arranged to visit the property the same month and following it, wrote to the landlord saying he needed to respond to proposals for works needed within 21 days. It gave him a reasonable period to contact contractors and arrange the works. The works included: lack of heating in the kitchen; sealed kitchen windows; electrical risk with cooker hood; spongy kitchen floor; boarded over ceiling; fan not working in bathroom, as well as light cord and holes in ceiling; floor different heights in hall; bowing bedroom ceiling; other windows screwed shut. The Council warned it could do an assessment under the HHSRS.
21. The records show the landlord contacting the Council in February. This confirmed the electrician was going to visit to do works in the bathroom and kitchen. The landlord was waiting for another contractor to do other works in the kitchen and bedroom. Builders were on site in the building and the landlord was also waiting for them to say when they had time to do the ceiling and floor work. The Council was satisfied the landlord was making efforts to arrange works needed. It accepted this contact as a response to the proposal of works needed.
22. The same month, the landlord contacted the Council to say Mrs Y had cancelled the electrician as she had been ill during the night. She would let him know when she was better.
23. In March, Mrs Y contacted the Council about the windows and that she had refused to allow the workman to do the works. The officer arranged to visit a few days later. The landlord told the Council Mrs Y was making excuses to deny contractors access when arrangements were made. The Council advised Mrs Y to allow the contractors access to do the works as it could be seen as obstructive. She replied saying she wanted proof the contractor was a professional window fitter.
24. The Council explained although there was a letter dated January, serving an Improvement Notice, this was incorrect as it was not sent until June.
25. In May, there was a meeting with Mrs Y which found no works had been done. An officer agreed to visit and assess her accommodation for hazards. When this was done, the Council found category 1 and 2 hazards. The landlord said Mrs Y was making it difficult for contractors to make appointments and cancelling at the last minute.
26. The Council served the landlord with an Improvement Notice in June (Notice 1). This set out the category 1 and 2 hazards found. Works to remove them needed completing by August. Notice 1 listed the lack of heating in the kitchen, the fan not working in the bathroom, the risk with the cooker hood, and problems with floor level surfaces.
27. The contractors contacted Mrs Y to arrange to do the works. The Council found they had not started because of problems with access. This included her availability as well as her turning them away. The landlord wanted dates and times from Mrs Y when the contractors could do the works.
28. In August, the landlord contacted the Council and explained how electrical works were attempted but Mrs Y told the contractors they would only have access between 9 am and 5pm. The landlord confirmed some of the works were now done. As Mrs Y was going to be away for a week, she was asked to contact a contractor directly to arrange the outstanding works.
29. In September, the Council issued a second Improvement Notice (Notice 2). This was for category 1 and 2 hazards. The works listed needed doing by November. The Council had visited to check what works were done. By this time, communication between Mrs Y and the landlord had deteriorated to the point it was now through solicitors. She had also instructed solicitors to start the pre-action protocol for a Housing Conditions Claim against the landlord. This is for claims by tenants about poor housing conditions.
30. The landlord told the Council in October that they were still waiting for a surveyor’s report from Mrs Y’s solicitors and an asbestos report. The landlord called to say what works had been done.
31. The Council warned the landlord in November of his failure to comply with Notice 2. It asked why the works were not done. It was now considering what action to take. The landlord replied setting out the attempts made for access to the property to do the work. The Council accepted the reasons why works were not done was outside the landlord’s control. It explained this to Mrs Y which was why it decided not to take further action against the landlord for failing to comply.
32. A report confirmed the property free of asbestos, so there were no reasons to prevent access for the works to be done.

2025:

33. A contractor was booked to visit in early January to do the remaining works. In its response to Mrs Y’s local MP, the Council explained the issue was with Mrs Y’s solicitors who were aware of the repair appointment that week for about a month. There was no response and she risked losing her appointment slot. She needed to contact her solicitor to confirm the appointment. It also confirmed she was offered emergency accommodation but refused it.
34. Mrs Y explained the problem was it takes more than three hours to get her children to school and then three hours to get them home.
35. The work due to be done on the appointment date was cancelled as her solicitors did not confirm it.
36. At the end of the month, the landlord served a notice seeking possession of the property. The grounds for this included the conduct of Mrs Y’s partner.
37. In February, the Council wrote to Mrs Y again saying the landlord had written to her solicitor with another date to do the works. Again she did not confirm the appointment. Her solicitor set out Mrs Y’s availability for the month. The landlord was hoping to arrange the works for the last week of the month.
38. Access was gained in March for four days during 9am to 5pm although the records show there was still an issue getting access.
39. The following month, Mrs Y said contractors failed to arrive despite her emptying one bedroom to allow works to be done. The contractor had had an accident. I have seen correspondence between the solicitors for Mrs Y and the landlord about the works during this period.
40. In May, the Council revoked Notice 2 because all works were done. It listed the items revoked. Contractors had walked off the job because of harassment from Mrs Y’s partner.
41. I have seen a copy of the Hazard Awareness Notice (Notice 3) served in June for category 2 hazards. The Council had visited and while it found works required under Notice 2 were done, or done to a level which reduced the hazards, there were still low level hazards. These were set out in Notice 3. The landlord said the contractor would provide dates to do the outstanding works.
42. The Council revoked and varied Notice 1 in September. This was because some works had been done, some had not. The landlord had until November to carry them out.
43. In response to our enquiries, the Council explained Notice 3 remained in place. Further works have been done

My findings

44. I found the following:
1. Mrs Y contacted the Council about problems with her accommodation in January 2024. I am satisfied the Council acted promptly by visiting her and sending a letter to her landlord setting out what works were needed. It asked for his written proposals within 21 days. It warned an assessment under the HHSRS would be done if no proposals were received or they were inadequate.
2. The evidence showed there was contact between the landlord and Council following this letter which covered the period up to the end of March. The Council was satisfied the landlord was making efforts to carry out the repairs and had responded to its proposals.
3. In May, there was a meeting which resulted in a further visit by an officer who found category 1 hazards. The following month, the Council served Notice 1 on the landlord which gave him until August to carry out the works. The issues listed as category 1 hazards included those recorded during the inspection five months before.
4. Following the passing of the deadline set out in Notice 1, the Council issued Notice 2 the following month. This set a new deadline of November and was sent following a further visit to Mrs Y.
5. On balance, I am satisfied the evidence supports some of what the Council said about problems with access. Relations between the parties had deteriorated to the point communication was through solicitors. In addition, Mrs Y had taken the first step with her Housing Conditions Claim. I am also satisfied the Council acted on her reports.
6. The Council warned the landlord in November that he had failed to comply with Notice 2. This was when the landlord explained what attempts had been made to get access to the property by contractors. There was also further delay to the whole process as Mrs Y wanted a full asbestos survey of the property before any further work was done.
7. In January 2025, a contractor was booked to do the remaining works and the landlord issued repossession proceedings. I have seen copy emails between Mrs Y’s solicitors and those for the landlord. I am satisfied efforts were made to arrange the carrying out of the work with Mrs Y. There were problems with Mrs Y, or her solicitor, confirming dates for contractors to visit to do the repairs.
8. Access was gained to the accommodation in March and two months later, the Council revoked Notice 2. This was because the work was done. There was also further evidence of the problems contractors experienced when on site.
9. In June, the Council issued Notice 3. This was to ensure the remaining outstanding category 2 hazard work was done. The evidence showed further work was done in the property.
10. On balance, I consider there was no fault in the Council’s general enforcement approach to the landlord. The Council promptly issued further notices when work was not completed by deadlines. It noted the reason why some of the work was not done on time after contact with the landlord and took this into account. The Council had to balance what action it could take against any possible defence the landlord could raise had he challenged it at court.

Back to top

Decision

45. I found no fault on Mrs Y’s complaint against the Council.

Back to top

Investigator's decision on behalf of the Ombudsman