Summary: We will not investigate Mr X’s complaint about the Council requiring him to complete a dampness investigation into a property he owns. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council requiring him to complete a dampness investigation into a property he owns. He says the dampness was caused by the actions of the tenants and they did not take this into consideration.

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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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council ordered him to complete a dampness investigation at his expense, but it did not consider the behaviour of the tenant in its dampness investigation. He also says that it is unclear whether it has the power to order a survey to be completed.
7. The Council say that it carried out an inspection at the property that Mr X owned in December 2023. Usually, we can only carry out an investigation within 12 months from when somebody became aware of the matter they wish to complain about. However, in this case, I have decided to exercise discretion about this matter, as it was reasonable for Mr X to complain to the Council first about this and complete its complaint process.
8. Under the Housing Act 2004 (the Act) Housing Health and Safety Rating System (HHSRS) provisions, councils have powers 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. If a council considers a category one hazard exists in residential premises, they must take appropriate enforcement action in accordance with the Act. Councils have discretion to take enforcement action if a category two hazard is identified.
9. The Government has published guidance on ‘underlying and addressing the health risks of damp and mould in the home’. It states that it is unreasonable to blame lifestyle choices of a tenant for mould and damp in the home.
10. The Council arranged an inspection, and it found there were issues with the structure of the property and heating issues in the bathroom. Following this it wrote to Mr X in January 2024 to ask him to act before it undertook enforcement (which would come at a cost).
11. I will not start an investigation because there is insufficient evidence of fault by the Council. It is not my role to decide if the outcome of the inspection was correct or whether the repairs were warranted. I can only consider if there was fault in the way the Council made the decisions or responded to the complaint. 
12. The Council acted appropriately by acting on the results found in an inspection which highlighted issues with the property. It is entitled to take enforcement action but decided to take an informal route which avoided further costs to Mr X. As a result, there is insufficient evidence of fault which would warrant an investigation by us.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman