Summary: We will not investigate this complaint about the enforcement of housing conditions in a privately rented property and inadequate support during an eviction. This is because the complaint is late.

The complaint

1. Mrs X complains the Council:
• Accused her of being responsible for the damp and mould growth in her privately rented property,
• Did not provide alternative accommodation while her private landlord carried out repairs to her property,
• Did not serve an enforcement notice under the Housing Act 2004, meaning her landlord was able to evict her, and,
• Failed to provide her with adequate support when she was evicted.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2023, Mrs X contacted the Council about disrepair in her privately rented property. An independent damp and mould survey was arranged at the property and the Council also conducted a Health and Safety Rating System (HHSRS) inspection and identified a category 1 hazard as well as three category 2 hazards.
6. Later in 2023, Mrs X’s landlord served a notice requesting to bring her tenancy to an end. Mrs X moved out of the property into the Council’s temporary accommodation in early 2024.
7. Mrs X complains the Council accused her of being responsible for the damp and mould growth in her privately rented property, failed to provide alternative accommodation while her private landlord carried out repairs to her property, failed to take enforcement action following the HHSRS inspection, and failed to provide her with adequate support when she was evicted.
8. We normally expect people to complain to us within twelve months of them becoming aware of a problem. The evidence shows Mrs X would reasonably have known about the issue in May 2023 as this was when she received the notice from her landlord. However, Mrs X did not complain to the Ombudsman until 2025.
9. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate these elements of the complaint, but I have seen no good reasons to do so.

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Final decision

10. We will not investigate Mrs X’s complaint because the complaint has been brought to us late.

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Investigator's decision on behalf of the Ombudsman