London & Quadrant Housing Trust (201914231)

REPORT

COMPLAINT 201914231

London & Quadrant H T

01 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 complaints

1. The resident’s complaints are about:

a) The landlord’s handling of their reports of mice infestation at the property.

b) The landlord’s handling of proofing works to prevent a reoccurrence of the mice infestation.

      c) The landlord’s handling of their reports of roof leak in the rear bedroom.

d) The landlord’s handling of ground maintenance works and repairs to the fence.

Determination (jurisdictional decision)

2. 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.
3. 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

4. The resident is an assured tenant to the landlord, their tenancy commenced on15 January 2015.
5. In December 2018, the resident contacted this Service explaining that following adaptation works carried out by the landlord, their property was left with holes, which caused mice infestation. The resident has tried to raise a complaint about it. In July 2019, the Housing Ombudsman assisted the resident in raising a formal complaint to the landlord about the mice infestation.
6. Further correspondence between the resident and the landlord suggests that the landlord had sent a contractor on several occasions to treat the mice infestation and to complete inspection reports. As a result, a proofing works were identified.
7. In February 2020, following further contact from the resident, the Housing Ombudsman assisted the resident to report concerns about the landlord’s handling of outstanding repairs and proofing works in relation to the mice infestation.
8. The resident made further complaints about the handling of ground maintenance, and repairs to the fence and the roof.
9. The landlord issued its final response in relation to the ground maintenance and fence repairs in April 2020 and explained that suspending the outstanding works to the fence was due to the Covid-19 pandemic restriction. No evidence of exhausting the landlord’s process were provided in relation to the rest of the outstanding repairs related to the proofing works and the roof leak. 
10. The resident brought the complaint for the Ombudsman’s consideration on 18 August 2020. The resident explained that they have raised over 17 internal and external repair issues and would like this Service to investigate the way the landlord had handled them.
11. In November 2020, the resident informed this Service that they had made a disrepair claim in September 2020.
12. Following further correspondence with the landlord on 05 February 2021, the landlord provided evidence confirming that there were legal proceedings ongoing between the resident and the landlord.  The particulars of claim concerned the following issues brought to this Service as part of the complaint:
    1. Ground maintenance
    2. Garden fence
    3. Damp, mould and water penetration affecting the bedroom
    4. Mice infestation and subsequent proofing works

Reasons

13. Paragraph 39 (h) of the Scheme states that the Ombudsman cannot consider complaints that:

‘Concern matters that are, or have been, the subject of legal proceedings and where a resident has or had the opportunity to raise the subject matter of the complaint as part of those proceedings’

14. I am satisfied that the information provided to this Service shows that the matters brought in the resident’s complaint have also been brought to Court as part of a disrepair claim. As such, under paragraph 39 (h) of the Scheme, the complaint is not one that can be considered by the Ombudsman.