Summary: We will not investigate Mr X’s complaint about how the Council dealt with his reports of property disrepair. That is because the early part of his complaint is late and there is not enough evidence of fault to justify our involvement in more recent matters.

The complaint

1. Mr X complained the Council failed to ensure his landlord carried out repairs to his rented property which have caused damp and flooding. This complaint relates to the Council’s actions since 2021. He said this has had a negative impact on his and his wife’s mental health. He would like the Council to apologise for its failings and provide a copy of a repair notice it issued in 2022.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. 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.
8. The Ombudsman will not usually exercise discretion to investigate matters that took place more than 12 months prior to the complainant becoming aware of them. In this case, Mr X complained about the issue in April 2025. I have decided not to exercise discretion to look at matters before April 2024 because it is reasonable to expect Mr X to have complained to us about the matter sooner.
9. Mr X contacted the Council in July, October and December 2024 and January 2025 about repairs needed at his private rented property. In its complaint response the Council stated that it responded to Mr X, offered advice and tried to arrange a date for repairs to the property with Mr X’s landlord.
10. The Council said it reviewed photographs of outstanding faults at the property provided by Mr X in December 2024. The Council decided the faults were minor ones and referred the matter to Mr X’s landlord.
11. The Council stated in its complaint response that it did not take formal action against his landlord and there is no repair notice from 2022.
12. We will not investigate Mr X’s complaint the Council failed to ensure his landlord carried out repairs to his rented property. The Council acted in line with its Private Sector Housing Enforcement Policy. It did not find evidence of a significant hazard at the property, that means, it was not required to take enforcement action against the landlord. There is insufficient evidence of fault to justify investigating Mr X’s complaint.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman