City of York Council has been told to apologise and pay a fine after the “very poor” way it handled a complaint about an unlicensed house of multiple occupation (HMO).
The authority has agreed to make service improvements and pay a £100 fine to the complainant after an investigation by the Local Government and Social Care Ombudsman.
A man complained on behalf of his son that the council did not inform him of his right to apply for a rent repayment, when it found the property he was a tenant in was unlicensed.
The complainant also said the council did not issue notices regarding hazards at the HMO as required by law and did not respond to his complaint despite acknowledging it, which caused “uncertainty and distress”.
The complainant said the condition of the HMO and the way the council carried out inspections had a negative effect on his son’s mental health.
The man’s son moved into the property in October 2018 and moved out in March 2021.
Private landlords must obtain a licence to rent out a large HMO.
Rent Repayment Orders can be granted at a tribunal if a landlord or agent commits a certain offence, but they can only be applied for within 12 months of an offence being committed.
Tasks overlooked
The Ombudsman found fault in the way the council handled the complaint, its failure to issue the required notices and with some of the information it provided.
According to the investigator’s report: “The council’s complaint handling was very poor, and it has acknowledged this in its response to the Ombudsman.”
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The council said different staff had taken the lead on the complaint at different times due to staff availability and workload, leading to tasks being overlooked.
Extra staff have been recruited and put a process in place to ensure complainants are updated if timescales for a response cannot be met.
The authority has agreed to apologise, make a payment for the uncertainty and distress caused, and the time and trouble used pursuing the complaint.