Summary: We will not investigate Mr X’s complaint about disrepair in a private property and retaliatory eviction. There is insufficient evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council failed to investigate and enforce against a hazard he reported in the licenced house in multiple occupancy (HMO) he was living in. Mr X also complains the Council failed to support him with a retaliatory eviction.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X was living in a privately let HMO. The HMO was licenced by the Council. Mr X reported several concerns to the Council about the property, including excess cold. Following the report Mr X’s landlord served a section 21 no-fault eviction notice.
6. The Council completed a formal inspection of the property. They found a serious excess cold hazard and served an improvement notice requiring Mr X’s landlord to fix the issues. Mr X’s landlord complied with the notice and resolved the excess cold hazard.
7. The Council also provided Mr X with advice about retaliatory eviction and explained a no-fault eviction may be invalid where an improvement notice had been served.
8. Mr X complains the Council failed to investigate and enforce against the issues he reported and failed to ensure the property complied with its HMO licence conditions. Mr X also complains the Council failed to support him during a retaliatory eviction.
9. I have seen insufficient evidence of fault to justify investigating. The Council investigated Mr X’s concerns, took appropriate enforcement action, and provided him with accurate advice. If Mr X wanted to challenge the validity of the section 21 eviction notice, he could have done so by raising the matter during a possession hearing. I have also seen no evidence the Council informed Mr X’s landlord he was the tenant who reported the issues.

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Final decision

10. We will not investigate Mr X’s complaint. There is insufficient evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman