Summary: There was no evidence of fault in how the Council oversaw the housing repairs as set out in the improvement notice for Ms X’s property. It was at fault for not retaining a copy of the report after it carried out an inspection of the works. The Council has agreed to apologise and carry out a fresh inspection to remedy the injustice this caused Ms X.

The complaint

1. Ms X complained:
• The Council failed to ensure housing repairs were carried out in line with an improvement notice;
• The Council failed to carry out a suitable inspection of the works once this was completed; and
• The Council Officer carrying out the inspection was unprofessional and biased.
2. Ms X said this caused her distress, frustration and uncertainty.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

5. Ms X complained about the conduct of the contractors including not tidying up after the works, damaging Ms X’s belongings and tampering with the internet. The contractors were appointed by Ms X’s private landlord. The contractors do not work on behalf of the Council and therefore, I cannot investigate the contractors’ actions.

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How I considered this complaint

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
7. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

8. The Housing Act 2004 sets out councils’ duties and powers to address hazards in residential properties in their area.
9. Where a council, for any reason, considers it would be appropriate to inspect a property to determine whether any category 1 or 2 hazard exists, it must arrange an inspection.
10. If a council considers a category 1 hazard exists it must take the appropriate enforcement action.
11. If a council considers a category 2 hazard exists it has powers to take enforcement action.
12. This can include serving:
• an improvement notice.
• a hazard awareness notice.
13. A hazard awareness notice tells a person’s landlord about a hazard in their home, but doesn't require them to do anything specific. An improvement notice requires a landlord to do certain work by a specific time.

Disrepair on the Council’s website

14. The Council said it does not get involved in disputes between tenants and landlords over minor defects, routine maintenance, and non-essential works such as painting and carpeting. These types of repairs will need to be negotiated between the tenant and their landlord.

What happened

15. Ms X lives in a privately rented property. In July 2024, the Council issued an improvement notice for the landlord to carry out work to the property to alleviate category one and two hazards affecting the property. This included damp, mould, defective walls and gas and electric works. The Council said this should be completed by December 2024.
16. The Council has provided evidence some work was undertaken in June and November 2024. The Council has said the following work remains outstanding:
• Treatment to walls in the bathroom and kitchen
• Repair/replacement of damaged tiles in the kitchen or bathroom
• Repair/replacement of a kitchen cupboard
17. The Council has provided emails from June 2024 which state Ms X would not let contractors into the house.
18. In August 2024, the Council emailed Ms X saying the contractors have made several attempts to find a suitable time to complete the works, but Ms X has not responded. The Council asked Ms X to contact the contractors about her availability.
19. In December 2024 and January 2025, there are text messages showing contractors trying to get hold of Ms X to determine her availability but she did not respond.
20. In April 2025, the managing agent for the property asked Ms X’s availability for the 17 April for a decorator to come and sign off on the works. Ms X did not respond to this but raised concerns about the contractors’ actions.
21. The same month the Council conducted an inspection of the works carried out and deemed the work undertaken as satisfactory.
22. The same month Ms X raised a stage one complaint as follows:
• The Council carried out a five-minute inspection of the property before deeming the works satisfactory. Ms X disagrees with the outcome of the inspection and said the works were of poor quality; and
• The officer who carried out the inspection was unprofessional, dismissive and biased.
23. In Mid-May 2025, contractors were supposed to attend to carry out works to the property but Ms X said she had no availability due to a pre-arranged appointment. Ms X did not want the contractors in her house without her being there.
24. The contractors rearranged the appointment for the 21 May but she said she could not do this appointment.
25. The Council responded to the complaint in June 2025 as follows:
• After reviewing the inspection notes, correspondence, and officer reports, the Council said it was satisfied that the officer acted professionally and within their remit throughout their engagement with Ms X; and
• The officer conducted a targeted inspection focused on verifying the remedial works carried out by her landlord's agents, which did include an assessment of heating and ventilation as well as visible finishes affected by previous damp issues.
26. In June 2025, the managing agent asked for Ms X’s availability for contractors to complete plastering, plumbing, electrics and decoration works.
27. In July 2025, Ms X said she wanted the landlord to commission new contractors to complete the works due to numerous issues such as their conduct and not cleaning up once they were finished.
28. In August 2025, the Council replaced the hazard improvement notice with a hazard awareness notice as Ms X was not willing to grant the contractors access to complete the works.
29. Ms X remained dissatisfied with the Council’s handling of the matter and complained to us.

Council’s response to our enquiries

30. The Council said the hazards presented within the property have been substantially reduced from the initial notice served. The Council said Ms X did not want to grant access to the contractors appointed by the landlord. The Council said there are outstanding works because of this. If the situation became worse, it said it was possible to re-inspect and enforce using harsher measures.
31. The Council said there was constant communication between the Council, landlord and Ms X throughout the process. It had offered temporary accommodation on multiple occasions in an attempt to mediate as well as increase the efficiency of the works. However, Ms X refused this.
32. Whilst the Council has provided evidence both the works and an inspection have been carried out, it has been unable to provide a copy of the inspection report.

My findings

Delays with carrying out housing repairs

33. The landlord should have carried out all the repairs listed in paragraph 15 by the end of December 2024. While there are some outstanding works, there is evidence the Council was in regular communication with the landlord and Ms X, chasing the completion of this where necessary and carrying out visits to the property. There is also evidence it offered Ms X temporary accommodation on multiple occasions to speed up the repairs. However, Ms X refused this. In addition, there is evidence that Ms X herself contributed to the delay of the repairs. Therefore, I consider the Council oversaw the works without fault and the delays to the repairs were out of its and the landlord’s control.

Conduct of Council officer

34. Ms X complained about the conduct of the officer who carried out an inspection of the property. The Council has already reviewed all correspondence and said it was satisfied that the officer acted professionally and within their remit. Whilst I appreciate this situation has caused Ms X distress, there is no independent evidence to support Ms X’s version of events. Therefore, I cannot find fault with the Council.

Inspection

35. Ms X complained the Council carried out a five-minute inspection of the property before deeming the works satisfactory. Ms X disagrees with the outcome of the inspection and said the works were of poor quality. Whilst there is evidence the landlord had carried out some works and the Council had carried out an inspection, it is unclear how it considered the works satisfactory as it has not retained a copy of the inspection. This was fault which has caused Ms X distress, frustration and uncertainty about whether the works have been carried out properly.

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Action

36. Within one month of the final decision, the Council has agreed to:
1. Apologise to Ms X for the distress, frustration and uncertainty caused by its failure to retain a copy of the inspection report. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Carry out a fresh inspection and decide whether a hazard awareness notice remains the most suitable form of enforcement. It should write to Ms X explaining its new decision.
3. Ensure it has processes in place to retain inspection reports.
37. The Council should provide us with evidence it has complied with the above actions.

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Decision

38. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman