Summary: We will not investigate this complaint about the Council taking action to issue a civil penalty for renting property which does not meet the government’s Minimum Energy Efficiency Standards. It was reasonable for Mr X to appeal against any penalty to the First-Tier Property Tribunal.

The complaint

1. Mr X complained about the Council taking steps to issue a civil penalty for renting out a property which is not compliant with the Minimum Energy Efficiency Standards (MEES). He says he was not given sufficient assistance in applying for a discretionary grant prior to letting the property.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. 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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X says the Council has taken action to issue a civil penalty of £5,000 against him for letting his property which has an Energy Performance Certificate (EPC) of G, which does not meet the minimum government standard for letting as rental accommodation.
7. Mr X made enquiries of the Council in 2024 when his property was empty to find out information of whether he was eligible for a grant and about empty rates for council tax. He says the Council was unhelpful in providing him with information about grant assistance.
8. The Council says it gave Mr X details of how to make grant enquiries and also advised that he was not eligible for the Government’s Eco-4 grant because it is only available to applications from existing tenants in non-compliant homes who qualify under the scheme based on their income. The Council told Mr X that it would be unlawful for him to let his property without compliance with the MEES regulations and he could incur a penalty.
9. Mr X subsequently let his property to a tenant without a valid assured shorthold tenancy agreement or a compliant EPC. The Council contacted him and told him he would be issued with a civil penalty for up to £5,000 for breaching the legislation.
10. We will not investigate this complaint because there is insufficient evidence of fault in taking action to issue a civil penalty and because Mr X could appeal against any penalty to the First-Tier tribunal if he wished to challenge it. Grants to improve property are discretionary and Mr X’s eligibility for assistance does not override the fact that he breached the MEES regulations even though he had been advised about the consequences.
11. As a landlord Mr X is responsible for understanding the relevant landlord and tenant legislation related to his business operation, including grants, compliance with regulations and tenancy agreements. The Council is the enforcement authority for standards in the private rental sector and this includes issuing penalties where breaches of the regulations are identified.

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Final decision

12. We will not investigate this complaint about the Council taking action to issue a civil penalty for renting property which does not meet the government’s Minimum Energy Efficiency Standards. It was reasonable for Mr X to appeal against any penalty to the First-Tier Property Tribunal.

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Investigator's decision on behalf of the Ombudsman