Royal Borough of Kingston upon Thames (25 023 109)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 25 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about how the Council handled reports of disrepair in her previous privately rented housing. There is insufficient evidence of fault to justify our involvement and in any event any fault did not cause injustice to Ms X.
The complaint
- Ms X complained the Council did not adequately inspect her previous private rented property after she had moved out and reported disrepair or address the specific concerns she had raised. She further complained the Council did not evidence that the property held a gas certificate and failed to consider the information she provided about her health issues.
- Ms X said this caused her stress and frustration. Ms X wanted the Council to reconsider its decision not to re-inspect the property, improve its property inspection process and review its policies about how it verifies landlord compliance.
The Ombudsman’s role and powers
- 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
- any fault has not caused injustice to the person who complained
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X contacted the Council in October 2025 about disrepair in a privately rented property, of which she was previously a tenant. The Council obtained details of the disrepair and the landlord from Ms X and arranged an inspection of the property.
- The inspection did not identify any category one or two hazards; therefore, no formal action was taken. Ms X did not feel the Council had sufficiently addressed her concerns so made a formal complaint.
Alleged failure to adequately inspect the property
- Ms X complained the Council failed to adequately inspect the property for mould and vermin as she had informed it the property had been deep cleaned prior to the inspection.
- The Council did not dispute the presence of damp, mould or vermin in the property at the time that Ms X was a tenant but confirmed it can only take action on current issues.
- The Council arranged a visual and surface inspection at the property in line with the Housing Health and Safety Rating System (HHSRS) guidance and none of the above issues were identified, so no action was required.
Alleged failure to adequately address Ms X’s concerns
- Ms X complained the Council failed to confirm the existence of a gas certificate for the property.
- The Council informed Ms X it had obtained confirmation from the landlord that both gas and electrical certificates were in place for the property and directed her to the Health and Safety Executive for further assistance as they are the organization responsible for Gas Safety enforcement, not the Council.
- The Council confirmed no category one or category two hazards were identified by the inspection of the property, which would include Uncombusted Fuel Gas and Electrical hazards. It also told Ms X it had satisfied itself the appropriate certificates were in place and had been for the 12 months prior to Ms X raising concerns.
Alleged failure to consider health impacts
- Ms X complained the Council failed to consider the ongoing negative impact the conditions of the property had on her health.
- The HHSRS guidance says that the assessment of hazards is based on the risk to the potential occupant who is most vulnerable to that hazard. As Ms X was no longer an occupant of the property there was no potential risk posed to her. In any event, no hazards were identified at the property, so no action was required.
Reasons we will not investigate
- There is not enough evidence of fault to justify investigating these issues. In any event, as Ms X was no longer a tenant of the property at the time she reported the issues to the Council, any subsequent inspections or actions by the Council have not caused her any direct injustice.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify investigation.
Investigator's decision on behalf of the Ombudsman