Derby City Council — case 202508189

Decision Case ID 202508189 Decision type Jurisdiction Landlord Derby City Council Landlord type Local Authority / ALMO or TMO Occupancy Secure Tenancy Date 27 February 2026 Background The resident lives in a flat. He tried to make a stage 1 complaint to the landlord in October 2024 that it told him it could not investigate under its complaints policy in November 2024. The resident complained about not having gas and electricity since 2011 and having outstanding damp and mould related repairs since 2016.

He was offered temporary accommodation and then given notice for his property in 2023 and 2024 for reasons including its condition. The landlord told him its policy said his solicitors’ disrepair claim for the property’s condition meant he could not also complain about this. What the complaint is about The complaint is about the landlord’s handling of the resident’s: Lack of gas and electricity. Outstanding damp and mould related repairs and offers of temporary accommodation for this.

Notices of seeking possession for his property. Our decision (determination) We have found the resident’s above complaints outside our jurisdiction to consider. Reasons The resident has raised complaint issues that have not exhausted the landlord’s complaints procedure. We have no power to investigate complaints that the landlord has not had the chance to put right first. There is no evidence the complaints the resident raised about lacking gas and electricity, outstanding damp and mould related repairs and offers of temporary accommodation for this, and notices for his property exhausted the complaints procedure.

Therefore, we have no power to investigate these issues. The resident’s solicitors made a legal disrepair claim to the landlord about the condition of his property in 2022. Following surveyor’s inspections and other health and safety visits to the property, both parties’ solicitors wrote a settlement agreement for the claim in 2023. This was for the landlord to compensate the resident and repair his property after it moved him to temporary accommodation, if he agreed to the move and restored his property’s gas and electricity, which the suppliers had cut off for non-payment.

The resident did not sign the settlement agreement, said he had dismissed his solicitors, and said he felt the landlord was responsible for cutting off his gas and electricity. It therefore gave him notices of seeking possession for his property in 2023 and 2024 for reasons including its condition. However, the landlord also told the resident it was still open to him to sign the settlement agreement. It has since inspected the property again and tried to do damp and mould related repairs but has not been given access to do so.

The resident tried to complain to the landlord about the above issues in October 2024 and was told in November 2024 that the disrepair claim meant he could not also complain about this under its complaints policy. He then told us he wanted it to restore his gas and electricity, complete his damp and mould related repairs, and compensate him for this and his distress. The landlord told us the gas and electricity, damp and mould related repairs, and compensation were part of the settlement agreement.

It also said the resident did not complain to it about the offers of temporary accommodation, the notices of seeking possession, or its refusal to consider his complaint. The landlord asked us if it was appropriate for it to investigate these complaints and we considered our jurisdiction. The landlord has not had the chance to put right the resident’s concerns about temporary accommodation offers, notices, or complaint handling. We therefore recommend it contacts him to offer to take a complaint about this.

We also recommend it confirms if not progressing the disrepair claim and dismissing his solicitors means he can now make a gas and electricity, damp and mould related repair, and compensation complaint to it. Recommendations Our recommendations are not binding, and a landlord may decide not to follow them. Our recommendations The landlord should contact the resident to offer to take a temporary accommodation, notices of seeking possession, and complaint handling complaint from him.

It should also confirm if not progressing his disrepair claim and dismissing his solicitors means he can complain about gas and electricity, damp and mould repairs, and compensation.