Summary: We will not investigate this complaint about the Council decision to not take enforcement action against estate agent boards left in place for long periods of time. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council is failing to provide a long-term solution to the significant number of estate agent letting boards remaining in place in the area where he lives.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mr X including the Council’s responses to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X is concerned about the number of estate agent letting boards which are left in place continuously or for long periods of time.
6. The advertising regulations allow agents to display letting boards. But owners should remove them 14 days after a tenancy has been granted. However, if a single room in a house of multiple occupation (HMO) remains vacant, a ‘To Let’ board can remain in place.
7. The Council confirmed it has sought legal advice on the matter. It says the legal advice confirmed that in situations where not all the rooms in a property are let, it would not be a breach of the regulation if one of the rooms remained vacant, and the boards remained in place.
8. The Council has considered what action it can take to reduce the number of lettings boards. However it says that to deal with each one would be a disproportionate response for an outcome which would have negligible benefit.
9. Planning authorities may take enforcement action where there has been a breach of planning control. Enforcement action is discretionary.
10. When making their planning enforcement decisions, we expect councils to
• carry out proportionate and adequate investigations
• decide whether there is a breach of planning control; and
• where there is a breach, decide whether enforcement action is expedient/proportionate.
11. In this case the Council has considered Mr X’s report of a breach of planning control. It has sought legal advice and advised why it will not be taking action. Having properly considered the matter, this is a decision it is entitled to make.

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Final decision

12. We will not investigate Mr X’s complaint because we have not seen evidence of fault in the Council’s actions leading to its decision not to take enforcement action.

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Investigator's decision on behalf of the Ombudsman