The new improved webform is online now! Residents and representatives can access the form online today.

Wandsworth Council (202001286)

Back to Top

REPORT

COMPLAINT 202001286

Wandsworth Council

27 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 landlord’s response to the resident’s concerns about consultation over planned maintenance and rent increases for garages.

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 the 21 December 2019, the resident submitted a complaint to the landlord concerning planned maintenance and rent increases for garages. The resident was seeking for the landlord to carry out maintenance prior to any rent increase for use of the garages. They also asked the landlord to explain why residents were not updated about the progress of the garage maintenance.
  2. The landlord sent an acknowledgement to the resident on the 23 December 2019. Within the acknowledgement, the landlord advised that the planned major works are not connected with the rental increase of the garages. The landlord explained that it has no requirement to consult with residents about the rise in charges for garages.
  3. The landlord issued its final response on 11 March 2020. The landlord did not uphold the complaint explaining that the garage blocks complained about are rented commercial concerns, therefore the landlord does not apply the same consultation arrangements to garages as it does to residential properties.
  4. The resident provided the Service with a copy of the final response on the 23 May 2020. In a webform to the Service, the resident advised they remained dissatisfied with the landlord’s response and that they believe the landlord should refund all, or a portion, of annual charges to those leasing garages. The resident advised those leasing garages should have benefited from maintenance before further charge increases.
  5. On the 29 March 2021, the landlord confirmed that the garages in question are standalone amenities and are let commercially to residents, non-residents and businesses. Repairs and maintenance costs are met through rents and do not form part of the service charge. The landlord also confirmed that the resident does not rent one of the garages in question.

Reasons

  1. Paragraph 36 of the Scheme states that, ‘the person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.’
  2. The resident complained about the maintenance and proposed improvement of garages located in the vicinity of their property. In their complaint to this Service, the resident explained that they believe the landlord should consult with residents about improvements to the garages and refund charges to people who have use of them.
  3. The garages in question are rented commercially, there is no requirement that applicants wishing to rent a garage must be tenants or leaseholders of the estate. Any disputes about the terms of use of the garages, or their management, would therefore concern a commercial agreement with the landlord specific to the use of the garage alone. This would be separate to any other agreement they may have to occupy the landlord’s residential property. As far as this Service is aware, the resident does not have such an agreement.
  4. As the complaint does not relate to the occupancy of the resident’s property, the Ombudsman cannot consider the complaint further.