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Gateshead Metropolitan Borough Council (201808064)

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REPORT

COMPLAINT 201808064

Gateshead Metropolitan Borough Council

30 April 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 concerns the council’s response to reports of disrepair, a bug infestation, a smell in the property and antisocial behaviour.

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. On 4 July 2018, the resident submitted a complaint to the council stating that he had been experiencing disrepair issues such as mould, damp and a cavity wall insulation. The resident also noted a bug infestation a smell in the property, in addition to noise disturbance and repair issues associated with a neighbouring property. The resident considered that the council had not appropriately addressed his complaint and felt he should be refunded part of the fees paid under his lease as this was not being fulfilled. The resident requested copies of a full breakdown of soil stack repairs which were completed at the property and copies of information relating to his noise disturbance complaint.
  2. The council provided a final response to the complaint on 28 May 2019. It acknowledged the delay in its response. The council explained that it had carried out four inspections within the block to identify the source of the smell and bug infestation but that no source had been located. The council noted that the source of the smell could be attributed to a neighbouring property which they were not permitted to access without legal action. The council offered to visit the resident’s property to help further identify the smell and provided contact details for this to be arranged.

 

  1. The council further acknowledged in relation to the disrepair issues, that there had been delays in completing the repairs and as such explained that the request for compensation had been passed to its insurers to consider. Nevertheless, the council offered £750 in acknowledgement of complaint.
  2. On 22 March 2021, the resident provided this Service with a copy of the landlord’s final response to their complaint.

Reasons

  1. Paragraph 39d of the Housing Ombudsman Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

Were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.

  1. The Ombudsman considers it important that complaints are dealt with as quickly as possible. The faster a complaint is brought to this Service, the faster the Ombudsman or the landlord may be able to take steps to put things right. The more time that passes between a landlord’s decision and our investigation, the less likely it is that parties will have accurate recollection of events and the availability of contemporaneous information decreases. It is for these reasons that this Service has timescales for bringing a complaint for investigation and we consider twelve months a reasonable period in which to do so.
  2. The landlord provided its final response on 28 May 2019, the resident did not provide this Service with a copy of this letter until 22 March 2021, nearly 22 months later. I am therefore satisfied that, in accordance with paragraph 39 (d) of the Scheme, this is not a complaint which the Ombudsman can investigate further.