Summary: Mr X complained the Council failed to take enough action when his landlord completed works to his property around 2020 which contravened building regulations. We have decided to discontinue this investigation. This is because the complaint was made to us late, and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. The complainant, Mr X, complained the Council failed to take sufficient action when his landlord replaced a ventilation system in his property which contravened building regulations.
2. He said, as a result, his property had suffered from severe damp and mould which has affected his health.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

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

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What I found

What happened

9. Mr X lives in a flat owned by a registered social landlord. His landlord replaced the existing ventilation system sometime before 2020.
10. Mr X first raised concerns with his landlord in 2020 when he became aware it had changed the ventilation system. In 2021 he raised concerns again when some repairs to the system took place. He arranged for a private building survey in late 2021 which he said confirmed the system offered inadequate ventilation, which caused damp, mould, and stains in his bathroom.
11. Mr X said he raised his concerns with the Council’s building control in late 2021, but no action was taken as the Council said it did not have control over the landlord.
12. By early 2023 Mr X had complained to the Council and the Council confirmed it did not have a building control application for the works from the landlord. He said a further survey of the ventilation system found it was inadequate in 2023.
13. In January 2025 Mr X asked the Council if his landlord had made an application to its building control for the installation of the ventilation system. The Council confirmed no application had been received.
14. In March 2025 Mr X again complained to the Council. He said he wanted the Council to investigate and use its building control powers to ensure his landlord complies with building regulations and to take appropriate enforcement action to prevent further harm.
15. By this time, Mr X had also raised concerns to the Council’s Environmental Health and Housing about the impact he was experiencing from mould and damp issues in his property. The Council investigated his concerns under housing law including the Housing Health and Safety Rating System (HHSRS). It found category 1 hazards existed on the premises. It considered the powers available to it and decided to serve a prohibition order in Summer 2025. This required the landlord to commission surveys of the property and follow the recommendations made to remedy the damp issues and make repairs. The order prohibited the premises to be used for living or sleeping accommodation until resolved.
16. In July 2025 Mr X escalated his building control complaint as he had not had a response to his concerns. He also had several other complaints at the time relating to its handling of housing, the HHSRS, its refusal to provide him alternative accommodation, and discrimination.
17. In August 2025 Mr X asked the Ombudsman to consider his complaint about the Council’s handling of his building control concerns. He said it had failed to take action against his landlords change to the ventilation system which required building control approval. He said this was because the ventilation system amounts to building works under the building Regulations 2010.
18. The Council confirmed it had initially considered Mr X’s approach to the Council’s building control an information request which it had responded to. It had then incorrectly assigned his complaint to a housing team in error. This team believed it was a duplicate of his separate housing complaint and closed the case.
19. In response to our enquiries the Council said its building control had since found, even if it had been correctly passed to the team, it would have told Mr X its building control was unable to assist. This was because the issues were a matter between Mr X and his landlord. It said it would write Mr X and apologise for the mistakes in how it handled his concerns and provide some training for its staff.
20. Mr X said his landlord has since taken court action against him to get him to vacate his property to enable it to complete works set out in the Council’s prohibition order. However, he does not believe this will resolve the underlying issues.

Analysis and findings

21. I have decided to end Mr X’s complaint about how the Council’s building control handled his concerns about his landlord’s ventilation system. Mr X has raised separate complaints about the Council’s handling of his requests for other housing, actions under the HHSRS, how it handled complaints, and his discrimination concerns.
22. The law says a person should approach us within 12 months of becoming aware of an issue they wish to complain about.
23. Mr X was first aware of his landlords works to the ventilation system in 2020 and the issues this was causing him. He raised complaints with the landlord and shared his concerns with the Council in the following years. However, it was not until Autumn 2025 he brought his complaint to our attention. His complaint is therefore late, and I am not satisfied there are good reasons for the delay.
24. In reaching my view, I was also conscious:
• the responsibility for obtaining building control consent for works under the Building Control Regulations 2010 rests with the landlord. Such approval can be obtained through the Council’s building control or through private building control arrangements by the landlord;
• while the Building Act 1984 offers powers to the Council to require owners of buildings to remove or rectify works which breaches the Building Regulations, there are time limits for such action. When the works were completed by the landlord, the Council would have had 12 months to take such action from the completion of the works;
• the Council has considered Mr X’s concerns about damp and mould issues in his property under housing law. It has taken the action it found appropriate which will require the landlord to rectify and resolve the issues he is experiencing. Although, I acknowledge Mr X does not believe this will happen; and
• although the Council’s handling of Mr X’s building control complaint in 2025 was poor, its proposal to apologise and do some refresher training with staff is appropriate to address this concern.
25. I am therefore also not satisfied further investigation would lead to a different outcome, and I am of the view Mr X’s concerns can be appropriately dealt with through the action the landlord is required to take under the HHSRS.

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Decision

26. I have decided to discontinue my investigation of this complaint because it was made late, and there are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman