Ombudsman issues reminder to councils reminded to investigate housing concerns of private renters
A recent Local Government and Social Care Ombudsman (LGSCO) investigation has highlighted local councils’ duties to investigate disrepair concerns in private rented accommodation.
A woman complained to the LGSCO about the way Worcester City Council handled a complaint regarding disrepair issues in her rented flat.
The council found both category 1 and 2 hazards when it investigated her concerns: its report found excessive damp and mould, and a heating system that was not controllable by the occupants. It also found issues with the electrical system, which was old and had also been affected by the damp.
The woman had to move out of the flat for seven months while remedial work took place.
The Ombudsman’s investigation found the council did not take formal action against the woman’s landlord when it discovered the category 1 hazards, as required by law, and when it did contact the landlord, its email missed out vital information.
The LGSCO investigation also found the council failed to monitor the ongoing work at the flat and also did not keep the woman updated on the situation.
Paul Najsarek, Local Government and Social Care Ombudsman, said the case showed poor living conditions do not just affect people living in social housing.
The resident in the case told the Ombudsman of the devastation she had experienced living as she had: her physical and mental health had suffered and she had also suffered financial loss, not only because of damage to her belongings, but from malfunctioning energy pre-payment meters which she believed had been caused by the damp.
Najsarek added that “for many people in rented accommodation, it’s often not a simple question of just moving to a better place – in many areas there is a lack of suitable, affordable alternatives. But equally people should not have to move out of their homes for prolonged periods to ensure that their homes meet the minimum standards of safety”
The Ombudsman highlighted his satisfaction that Worcester City Council had agreed to review its procedure to ensure it was now compliant with the law.
In this case the council has agreed to apologise to the woman and provide her with an update on its enforcement action. It will also pay the woman £500.
In addition Worcester will amend its investigation procedure to ensure it takes formal enforcement action upon finding a category 1 hazard, in line with the law.
It will also train staff responsible for housing disrepair complaints in line with the new process.
While the Housing Ombudsman investigates complaints from council tenants about disrepair, the LGSCO can investigate complaints from private tenants where councils have not properly used their enforcement powers under Environmental Health and Safety legislation to compel a landlord to make the required improvements.
A spokesperson for Worcester City Council said: “We accept the findings of the Ombudsman and have apologised unreservedly to the complainant. We are sorry that our actions in this instance fell short of our usual standards. The council is committed to improving housing standards across the City. Our staff have since undergone further training and we have updated our procedures to improve the quality of the service we offer.”
Harry Rodd
