Notting Hill Genesis (202007739)

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REPORT

 

COMPLAINT 202007739

Notting Hill Genesis

20 January 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this.  

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint is about:

A)    The liability to pay and the reasonableness of window cleaning charges.

B)    Whether the landlord has complied with the ruling made by the Leasehold Valuation Tribunal in 2013

 

Determination (jurisdictional decision)

 

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

 

Summary of events

  1. In 2013, the Leasehold Valuation Tribunal (LVT) issued a decision that the resident was no longer required to pay window cleaning fees as part of the resident’s service charge.
  2. The resident explained that they do not believe that the landlord has complied with the LVT ruling and have had to raise this issue several times since its decision in 2013.
  3. The resident raised a formal complaint in 2020 concerning the landlord’s decision to continue to charge for window cleaning.
  4. The landlord provided a final response to the complaint on 25 August 2020, setting out that it believed that it was able to charge for this service.
  5. During a telephone conversation with this Service of 16 December 2020, the resident explained that the landlord has now applied to the First-tier Tribunal to review the LVT’s decision.

Reasons

  1. Paragraphs 39 (h) of the Scheme states that…”The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: …. h) concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings; ”
  2. In situations such as this, the Ombudsman has to consider whether this Service is the most appropriate organisation to consider a complaint and also whether the resident would be more likely to achieve the outcome seeking through having it considered by a different tribunal or procedure.
  3. The resident has complained that the landlord’s decision to recharge for window cleaning is in breach of the terms of the lease. Furthermore, they state that the landlord has failed to comply with a decision issued by the LVT. The First-tier Tribunal (Property Chamber) is able to consider complaints about the level of service charge items and disputes about whether an item can be recharged by a landlord. The First-tier Tribunal replaced the LVT and will also be able to consider whether the landlord has complied with the LVT’s ruling, and issue a further binding decision if necessary. I am therefore satisfied that, in accordance with paragraph 39(h) the Ombudsman will not consider this complaint further as it is a matter for the First-tier Tribunal.