Summary: We will not investigate X’s complaint about the Council’s response to reported health and safety hazards in their private rented housing. Part of the complaint is late. There is not enough evidence of fault to justify investigating their more recent complaint about the same matter and licensing for their private rented housing.

The complaint

1. X complains about how the Council responded to health and safety hazards in their private rented housing and handled licensing for the property. They say this put their safety at risk and caused them distress, anxiety, and loss of trust in the Council. They want the Council to apologise, review its actions, improve its relevant procedures, and pay them compensation.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Private tenants may complain to their council if their landlord does not keep the property in good repair or ensure it is safe. If it considers it appropriate, the Council should carry out an inspection to identify whether there are any category 1 or 2 hazards using the Housing Health and Safety Rating System (HHSRS). If a council identifies any category 1 hazards, it has a duty to take formal action against the landlord. If it identifies category 2 hazards, it has a power (but not a duty) to take action.
7. X complains the Council delayed taking enforcement action after it identified hazards in their home in November 2023. They approached us about this matter in October 2025.
8. We will not investigate the Council’s response to reported hazards in X’s home before October 2024. This part of their complaint is late. If they were unhappy with the Council’s actions at this time, they could have approached us sooner.
9. In July 2025, X complained to the Council about their private rented housing and landlord. They reported several concerns, including fire hazards in the property and that their landlord did not meet the criteria for a House in Multiple Occupation (HMO) licence for the property. Their landlord’s licence was due to expire the following month.
10. In September 2025, the Council carried out an HHSRS assessment for the property. In response to our enquiries, it provided a copy of its assessment and subsequent correspondence with the landlord. The Council found a category 2 fire hazard in the property. It notified the landlord and outlined works required to address the hazard. The landlord later provided evidence of completed works, including a service report and certificate of fire alarm installation. In October 2025, the Council closed the case file as it was satisfied the landlord had completed the required works.
11. In its complaint response to X, the Council said it started to investigate their landlord’s compliance with HMO licence requirements after the property’s licence expired in August 2025. It said it closed this after receiving an application in September 2025. It said it considered X’s evidence that their landlord did not meet the criteria to hold a licence and explained why it did not consider this sufficient to refuse the application. It said it was still reviewing the application and would consider any additional documentation X could provide to support their claims.
12. We will not investigate this part of X’s complaint. There is not enough evidence of fault in the Council’s HHSRS assessment to justify investigation. Its steps to notify X’s landlord of required works and ensure completion appear appropriate. It has also explained its decision to close its investigation into X’s landlord’s expired HMO licence and how it considered their concerns about their landlord’s eligibility. There is not enough evidence of fault in the Council’s handling of these matters to justify investigation.

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Final decision

13. We will not investigate X’s complaint because part of the complaint is late and there is not enough evidence of fault to justify investigation of their more recent complaint.

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Investigator's decision on behalf of the Ombudsman