Summary: We will not investigate Mr X’s complaint the Council did not take enforcement action against his landlord for breaching their landlords license. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained that Council failed to act when he reported his landlord for a breach of a Housing of Multiple Occupation (HMO) license. He said the landlord had not provided living accommodation to the expected standard. He would like the Council to investigate and fine the landlord for their actions.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X contacted the Council in March 2025 to report his landlord was in breach of their HMO license by letting out the lounge in his property as a bedroom.
6. In its complaint response, the Council stated that it had twice replied to Mr X and asked for more information about the license breach. It asked if the lounge was currently rented as a bedroom and asked if it could arrange a visit to verify.
7. The Council advised Mr X it would not take retrospective enforcement action against HMO license breaches the Council had not witnessed. It stated a council officer would need to witness the lounge room occupied as a bedroom before it could take enforcement action against the landlord.
8. The Council also offered to arrange a visit to inspect the whole property for compliance with property regulations and standards.
9. We will not investigate this complaint. The Council responded to Mr X’s report of an HMO license breach and made offers to visit and inspect the property. There is not enough evidence of fault to justify our involvement.
10. Mr X complained the landlord is not adhering to safety regulations. The Council has offered to inspect the property. There is nothing to suggest Mr X has progressed the offer of a visit to the property. It is reasonable for him to do so if he has ongoing safety concerns.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman