Summary: Miss X complained the Council failed to take any action against her landlord when he evicted her from her privately rented accommodation without notice. We find the Council was at fault for failing to complete a robust investigation when Miss X reported her landlord had illegally evicted her. This caused Miss X frustration and uncertainty. The Council has agreed to apologise to Miss X, make a payment to her and implement service improvements.

The complaint

1. Miss X complained the Council failed to take any action against her landlord when he evicted her from her privately rented accommodation without notice.
2. Miss X says the matter caused distress and upset.

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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 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. 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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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. 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

Relevant legislation and guidance

7. The law says it is harassment if a landlord or his agent does anything to interfere with the peace or comfort of a tenant, or acts with the intention of making them leave. Harassment can come in many forms, for example:

• Threatening to evict someone without going through the correct legal procedure.
• Threatening violence.
• Disconnecting the electricity, gas or water supply.
• Entering the home without permission.

8. If a tenant is being harassed and believe their landlord may want to evict them illegally, they can ask the council for help. The council should advise them about their housing rights and options. Some councils also have tenancy relations officers who deal specifically with harassment and illegal eviction cases.
9. Councils have powers under the Protection from Eviction Act 1977 to investigate complaints of harassment and illegal eviction, and to prosecute a landlord where he or she commits an offence.

What happened

10. Miss X contacted the Council in late May 2024. She said she had to leave the country and when she came back her landlord had changed the locks. She said she owed her landlord rent and so went abroad to work. The Council called the landlord but there was no answer. It left a voicemail and asked the landlord to call back or send Miss X an eviction letter. It told Miss X to attend a job centre and contact a homelessness charity.
11. Miss X reported her landlord to the Council’s trading standards department in June. The officer from trading standards referred the matter to the Council’s tenancy relations service (TRS). An officer from the TRS called the landlord twice. The person the officer spoke to denied he was the landlord. The officer told Miss X to get a locksmith to enter the property. They also emailed the landlord and said if he wished to end Miss X’s tenancy in a legal way, he had to issue an eviction notice. Forcibly removing Miss X from the property/changing the locks was illegal under the Protection from Eviction Act 1977. The landlord responded and said Miss X had surrendered her tenancy.
12. Miss X emailed the Council and asked if her landlord had responded. The Council did not respond to Miss X’s email.
13. Miss X called the Council in early August and said she still did not have access to her property, and her belongings were inside. The officer she spoke to referred Miss X’s contact to the officer who was dealing with Miss X’s homelessness application.
14. Miss X contacted the Council again on its website a few weeks later. She said she had reported the illegal eviction, but the Council had failed to take any action. The Council told Miss X to contact the officer dealing with her homelessness application.
15. Miss X complained to the Council in September and said it had failed to prosecute her landlord.
16. The Council responded to Miss X’s complaint in February 2025. It said it contacted her landlord and explained the process. It said it did not have the power to prosecute her landlord, and she should seek legal advice.

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Analysis

17. The Council contacted Miss X’s landlord several times on the phone and emailed him when it became aware of the issues. The landlord disputed Miss X’s version of events and said Miss X had surrendered her tenancy. Miss X continued to contact the Council and said she could not access the property, and her landlord had acted illegally. The Council did not take any further action to get any evidence from Miss X or the landlord. This is fault. If the Council had decided no further action was necessary, it should have a written record of its decision and how it had reached it. There is no evidence on Miss X’s file.
18. The Council repeatedly told Miss X to contact her homelessness officer about the alleged illegal eviction. However, the Council’s TRS is responsible for investigating allegations of illegal evictions. Therefore, I do not consider it was appropriate for the Council to refer Miss X to her homelessness officer. There is also no evidence the homelessness officer sought advice from the TRS given that Miss X was concerned about the alleged illegal eviction.
19. The Council said in its response to Miss X’s complaint it did not have the power to prosecute landlords. This is incorrect. The Protection from Eviction Act 1977 is clear councils can prosecute landlords when he or she commits an offence. It is concerning the Council does not seem to understand its powers.
20. The Council’s faults caused Miss X frustration and distress. She also has some uncertainty about what the outcome may have been if the Council had conducted a robust investigation at the time. While the Council has the power, rather than an obligation, to prosecute landlords, it still should investigate allegations of illegal evictions properly and make reasoned based decisions.

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Agreed action

21. By 14 October 2025 the Council has agreed to:

• Apologise to Miss X for the injustice caused by fault in this statement.
• Pay Miss X £150 for her frustration, distress and uncertainty.
• Conduct a robust investigation into Miss X’s allegations and decide whether it needs to take any further action regarding Miss X’s former landlord. It should write to Miss X with its decision.
• Issue written reminders to relevant officers to ensure they aware of the Council’s powers under the Protection from Eviction Act 1977 to investigate complaints of harassment and illegal eviction and to prosecute a landlord where he or she commits an offence.

22. The Council should provide us with evidence it has complied with the above actions.

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Decision

23. There was fault by the Council, which caused Miss X an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman