Summary: We will not investigate this complaint about how the Council dealt with reports of private property disrepair. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complains the Council have not taken sufficient action to assist him in ensuring his freeholder completes property repairs. He also complains the Council were biased in favour of his freeholder.

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

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My assessment

4. Under the Housing Act 2004 (the Act) Housing Health and Safety Rating System (HHSRS) provisions, councils have powers to take enforcement action against parties with an interest in a property where the council has identified a hazard which puts the health and safety of the occupant 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. Where the Council serve an enforcement notice they are entitled to recover the expenses incurred in the service of a notice from the party or parties on whom the notice was served.
5. Mr X lives in a flat for which he owns the leasehold. He reported an issue with water ingress to the Council and asked for their assistance in ensuring the freeholder of his property completes repair works to the guttering.
6. Mr X complains the Council have not taken sufficient action to assist him in ensuring his freeholder completes property repairs. He also complains the Council were biased in favour of his freeholder.
7. The Council offered to carry out a Housing Health and Safety Rating System (HHSRS) inspection of Mr X’s property to access the water ingress and determine if a serious hazard exists at the property. The Council advised Mr X they recover the expenses incurred in the service of a notice from the party or parties on whom the notice was served, and, as the leasehold owner of the property, this may include him. Mr X did not arrange for the Council to inspect his property.
8. I will not investigate the Council’s decision not to take enforcement action against the freeholder of his property or Mr X as the leasehold owner of the property. Mr X has not arranged for the Council to complete a HHSRS inspection, so the Council have not identified any serious hazards at the property. I am unlikely to find fault with the Council’s actions in not taking further action. The Council have advised Mr X he is still able to contact them to arrange a HHSRS inspection.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman