The Ombudsman's final decision
Summary: Miss B complained the Council did not take enforcement action against her landlord for disrepair. Miss B said she had to live in disrepair, and this affected her health. We did not found fault with the Council.
The complaint
The complainant, who I shall refer to as Miss B, complained the Council did not take enforcement action against her landlord for disrepair. Miss B said she had to live in disrepair, and this affected her health.
What I have investigated I investigated the actions the Council took in response to Miss B’s reports of disrepair to her private rented accommodation.
Miss B also complained about the Council’s rent deposit scheme and disrepair to her private rented accommodation predating 2020. I did not investigate this part of her complaint because Miss B has not raised this with the Council. Miss B can make a new complaint to the Council about this matter.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5)) If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered: Miss B’s complaint and the information she provided; documents supplied by the Council; relevant legislation and guidelines; and the Council’s policies and procedures.
Miss B and the Council had the opportunity to comment on a draft decision. I considered any comments before making my final decision.
What I found
Legislation and guidance Councils have powers under the Housing Act 2004, Part 1 to take enforcement action against private landlords where the property is in a condition that may result in harm for the occupant. In 2006 the Office of the Deputy Prime Minister issued guidance on the Housing Health and Safety Rating System and Enforcement.
Councils must inspect properties to decide whether there are Category 1 or 2 hazards. If following an inspection, the Council identifies a hazard, it has powers to ensure the landlord takes corrective measures. Where the Council identifies the most serious (‘Category 1’) hazards, the Council must act. It can also choose to take action in regard to less serious (‘Category 2’) hazards.
The action councils can take include: serving an improvement notice; making a prohibition order; serving a hazard awareness notice; or, taking specified emergency measures.
Emergency measures cannot be used for Category 2 hazards.
Where an owner or landlord agrees to take the action required by the Council it might be appropriate to wait before serving a notice unless the owner fails to start the work within a reasonable time.
Under the Defective Premises Act 1972, a landlord has an obligation to repair or maintain a property and owes a duty of care to their tenants. Where it can be proven that a landlord had knowledge of disrepair and failed to complete the works within a reasonable time, the tenant can take the matter to court and seek damages.
COVID-19 From March to May 2020, England was in the first of three national lockdowns. People could only leave their home for limited purposes including travelling to and from work, but only where this was absolutely necessary. In May 2020, the Government said people who could not work from home should return to the workplace. In September 2020, the Government announced new restrictions including working from home. A second national lockdown came into force from November to December 2020. The third national lockdown was in place from January to March 2021.
What happened This chronology includes key events in this case and does not cover everything that happened.
In October 2020, Miss B contacted the Council’s Property Regulation team. She said her private rented accommodation was unfit for habitation because there was black dust and asbestos in the property where a ceiling was removed. She also told the Council her property did not have an electrical safety certificate.
The Council spoke to Miss B in November 2020 about her housing options and interim accommodation. It said it would look for suitable temporary accommodation for Miss B in the private sector. Miss B was unhappy with this and said she wanted permanent social housing in the Council area.
The Property Regulation team recommended the Council’s Housing Solutions team offer Miss B alternative accommodation while repairs were completed because it could not inspect the property due to the second COVID-19 lockdown. Housing Solutions confirmed it was looking for alternative accommodation for Miss B.
The Council spoke to her landlady in November 2020 about the alleged disrepair. Her landlady refuted the allegations and said most of the issues raised by Miss B were being addressed. She advised repairs to the ceiling had not been done because Miss B refused give the contractors access. She confirmed the property did not have asbestos. She advised she had applied for a notice of possession and intended to sell the property.
The Council’s Environmental Health team inspected Miss B’s property in December 2020. It found five low scoring Category 2 hazards. It did not find the property unfit for habitation. The Council sent a letter to Miss B’s landlord and recommended remedial works.
In February 2021, Miss B’s landlady told the Council, Miss B was taking her to court for disrepair.
Miss B said she had an electrical installation condition report (EICR) from March 2020, and this identified 37 issues. Her landlady commissioned a second EICR, and the electrician found four issues. The electrician remedied these and issued an electrical safety certificate. Miss B questioned the accuracy of the EICR and raised this with the company the electrician worked for. The company reviewed the EICR, found an error and corrected it in June 2021. It issued a new electrical safety certificate.
Miss B told the Council in June 2021, contractors had assessed the roof of the property and advised it needed to be replaced. Her landlady confirmed the roof was scheduled to be repaired in August 2021.
Miss B told the Council there was a leak in her property in November 2021 and she had been without hot water and heating. The Council spoke to her landlady who advised the gas pipes on the road were being replaced by the gas company and it had offered Miss B fan heaters and hot plates, but she declined. The Council spoke to the gas company. It confirmed it had tried to reconnect Miss B’s gas supply, but she did not allow it access to her property. The Council mediated between the gas company and Miss B to enable her gas supply to be reconnected.
Miss B complained to the Council the roof had not been replaced. The Council followed this up with her landlady and she confirmed work to the roof was scheduled for December 2021.
The Council inspected the property again in January 2022. It found low scoring category 2 hazards were present. It followed this up with Miss B’s landlady.
Miss B reported a leak in February 2022. The Council visited her property and found no evidence of a leak. The Council updated Miss B’s landlady and asked her for an update about the repairs that were needed to the property following its January 2022 inspection.
In March 2022, the landlady told the Council she had resolved many of the outstanding matters. The Council decided to issue a hazard awareness notice to Miss B’s landlord for the outstanding repairs.
Council’s enquiry response The Council explained it did not consider it appropriate to serve an Improvement Notice because: the hazards observed in the property were low scoring and their combined affects were minimal.
many of the items of concern were the result of wear and tear, the complainant having lived in the property for several years the owners responded to all matters.
Analysis Councils only need to take enforcement action if they find Category 1 hazards in a property.
The Council investigated each time Miss B raised disrepair issues about her private rented accommodation. The Council inspected Miss B’s property twice and found low level Category 2 hazards. It gave her landlady recommendations about repairs and followed this up to check issues were resolved. It also mediated between Miss B, her landlady and the gas company to ensure repairs could take place.
The Council used its discretion to take enforcement action against Miss B’s landlord for Category 2 hazards in March 2022 and issued a hazard awareness notice for the outstanding disrepair.
I found no fault with the actions of the Council.
Final decision
I have completed my investigation and do not uphold Miss B’s complaint.
Parts of the complaint that I did not investigate I did not investigate Miss B’s complaint about the Council’s rent deposit scheme and disrepair predating 2020 because Miss B has not raised it with the Council. Miss B can make a new complaint to the Council about this matter.
Investigator's decision on behalf of the Ombudsman