Summary: We will not investigate Mr X’s complaint about the Council’s handling of his reports about gas safety in his private rented sector property. This is because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council failed to enforce gas safety regulations in his privately rented sector property. He said this meant he was left in an unsafe property and was exposed to serious safety risks.

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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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

5. Mr X reported a disruption to his heating in October. The Council contacted the landlord, who said the heating had been working when he had visited the property the day before, and he had not had a report it was not working from a tenant.
6. A few days later, on 17 October 2024, an engineer visited and issued a gas safety warning notice. Mr X reported this to the Council the following day, and it immediately contacted the landlord, who said an engineer would visit the property that day to resolve the issue. The Council kept in contact with the landlord throughout the day.
7. On 21 October, the Council asked the landlord for an update. The landlord reported the matter had been resolved and they would send the Council a gas safety certificate to confirm this. The following day, the Council carried out an inspection. It recorded the cooker, hob and heating were working and there was hot water. It continued to chase the landlord for the gas safety certificate, which it received on 24 October. Council records show it checked the certificate had been issued by a professional, who was on the gas safety register.

My assessment

8. It is the responsibility of the landlord to carry out repairs and to ensure gas safety in the rented property. The Council has powers under the Housing Act 2004 to take enforcement action against landlords where it identifies a category 1 hazard under the Housing Heath and Safety Rating system (HHSRS). In addition, where the property is a house under multiple occupation (HMO), the landlord or their agent must apply for an HMO licence, and the Council can take action against them if they are in breach of the HMP licence.
9. In this case, the Council was proactive in contacting the landlord to resolve the issues Mr X reported. It also carried out an inspection and was satisfied the gas appliances were working. It pursued the landlord for a gas safety certificate and checked it had been issued by an authorised person. It did not identify a category 1 hazard nor any serious safety issues that would warrant formal action in relation to the HMO licence. It took all the steps I would expect it to take and there is insufficient evidence of fault to justify further investigation. Therefore, we will not consider this complaint further.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman